00 HOUSE BILL NO. 25 01 "An Act relating to the sharing of fisheries business tax revenue with municipalities; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 43.75.130(a) is amended to read: 05 (a) Subject to appropriation by the legislature and to [EXCEPT AS 06 PROVIDED IN] (d) of this section, the commissioner shall pay 07 (1) to each unified municipality and to each city located in the 08 unorganized borough, 50 percent of the amount of tax revenue collected during a  09 fiscal year by the department under this chapter on the value of fishery resources  10 that are either processed in the municipality or sold to a buyer in the municipality  11 but not processed in the state [FROM TAXES LEVIED UNDER THIS CHAPTER]; 12 (2) to each city located within a borough, 25 percent of the amount of 13 tax revenue collected during a fiscal year by the department under this chapter on  14 the value of fishery resources that are either processed in the city or sold to a  01 buyer in the city but not processed in the state [FROM TAXES LEVIED UNDER 02 THIS CHAPTER]; and 03 (3) to each borough 04 (A) 50 percent of the amount of tax revenue collected during a  05 fiscal year by the department under this chapter on the value of fishery  06 resources that are either processed in the area of the borough outside cities 07 or sold to a buyer in the area of the borough outside cities but not  08 processed in the state [FROM TAXES LEVIED UNDER THIS CHAPTER]; 09 and 10 (B) 25 percent of the amount of tax revenue collected during a  11 fiscal year by the department under this chapter on the value of fishery  12 resources that are either processed in cities located within the borough or  13 sold to a buyer in cities located within the borough but not processed in  14 the state [FROM TAXES LEVIED UNDER THIS CHAPTER]. 15  * Sec. 2. AS 43.75.130(d) is amended to read: 16 (d) Notwithstanding the provisions of (a)(2) and (a)(3)(B) of this section, the 17 commissioner shall pay 18 (1) to each city that is located in a borough incorporated after June 16, 19 1987, the following percentages of the tax revenue collected in the city from taxes 20 levied under this chapter: 21 (A) 45 percent of the taxes collected by the department under  22 this chapter on the value of fishery resources that are either processed in  23 the city or sold to a buyer in the city but not processed in the state during 24 the fiscal [CALENDAR] year in which the borough is incorporated; 25 (B) 40 percent of the taxes collected by the department under  26 this chapter on the value of fishery resources that are either processed in  27 the city or sold to a buyer in the city but not processed in the state during 28 the first fiscal [CALENDAR] year after the fiscal [CALENDAR] year in 29 which the borough is incorporated; 30 (C) 35 percent of the taxes collected by the department under  31 this chapter on the value of fishery resources that are either processed in  01 the city or sold to a buyer in the city but not processed in the state during 02 the second fiscal [CALENDAR] year after the fiscal [CALENDAR] year in 03 which the borough is incorporated; and 04 (D) 30 percent of the taxes collected by the department under  05 this chapter on the value of fishery resources that are either processed in  06 the city or sold to a buyer in the city but not processed in the state during 07 the third fiscal [CALENDAR] year after the fiscal [CALENDAR] year in 08 which the borough is incorporated; and 09 (2) to each borough that is incorporated after June 16, 1987, the 10 following percentages of the tax revenue collected in the cities located within the 11 borough from taxes levied under this chapter: 12 (A) 5 percent of the taxes collected by the department under  13 this chapter on the value of fishery resources that are either processed in  14 cities located within the borough or sold to a buyer in cities located within  15 the borough but not processed in the state during the fiscal [CALENDAR] 16 year in which the borough is incorporated; 17 (B) 10 percent of the taxes collected by the department under  18 this chapter on the value of fishery resources that are either processed in  19 cities located within the borough or sold to a buyer in cities located within  20 the borough but not processed in the state during the first fiscal 21 [CALENDAR] year after the fiscal [CALENDAR] year in which the borough 22 is incorporated; 23 (C) 15 percent of the taxes collected by the department under  24 this chapter on the value of fishery resources that are either processed in  25 cities located within the borough or sold to a buyer in cities located within  26 the borough but not processed in the state during the second fiscal 27 [CALENDAR] year after the fiscal [CALENDAR] year in which the borough 28 is incorporated; and 29 (D) 20 percent of the taxes collected by the department under  30 this chapter on the value of fishery resources that are either processed in  31 cities located within the borough or sold to a buyer in cities located within  01 the borough but not processed in the state during the third fiscal 02 [CALENDAR] year after the fiscal [CALENDAR] year in which the borough 03 is incorporated. 04  * Sec. 3. AS 43.75.137 is amended to read: 05 Sec. 43.75.137. Additional refund. Subject to appropriation by the  06 legislature [TO THE EXTENT THAT APPROPRIATIONS ARE AVAILABLE FOR 07 THE PURPOSE, AND NOTWITHSTANDING THE REQUIREMENT OF 08 AS 37.07.080(e) THAT APPROVAL OF THE OFFICE OF MANAGEMENT AND 09 BUDGET IS REQUIRED], an amount equal to 50 percent of the tax revenue that is 10 collected during a fiscal year under this chapter from fisheries businesses and that is 11 not subject to division with a municipality under AS 43.75.130 shall be paid by 12 [TRANSMITTED EACH FISCAL YEAR, WITHOUT THE APPROVAL OF THE 13 OFFICE OF MANAGEMENT AND BUDGET, BY THE DEPARTMENT TO] the 14 Department of Commerce, Community, and Economic Development [FOR 15 DISBURSAL] to eligible municipalities under AS 29.60.450. 16  * Sec. 4. This Act takes effect July 1, 2005.