00                      CS FOR SENATE BILL NO. 178(TRA)                                                                    
01 "An Act relating to the passenger and recreational vehicle rental taxes; and providing                                  
02 for an effective date."                                                                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 43.52.010 is amended to read:                                                                      
05            Sec. 43.52.010. Levy of passenger and recreational vehicle rental tax. There                           
06       is imposed an excise tax on the charge for the lease or rental of a passenger or                              
07       recreational vehicle in this state [IF THE LEASE OR RENTAL OF THE                                             
08       PASSENGER VEHICLE DOES NOT EXCEED A PERIOD OF 90 CONSECUTIVE                                                      
09       DAYS].                                                                                                            
10    * Sec. 2. AS 43.52.010 is amended by adding new subsections to read:                                               
11            (b)  A lease or rental is exempt from the tax imposed under (a) of this section if                           
12                 (1)  the initial lease or rental contract is for a period of 30 days or more;                           
13                 (2)  the initial lease or rental contract is in writing; and                                            
14                 (3)  the lease or rental contract is not terminated before the expiration                               
01       of 30 days.                                                                                                       
02            (c)  An extension of a lease or rental that is exempt under (b) of this section is                           
03       exempt if the extension is agreed upon before the expiration of the initial 30-day lease                          
04       or rental period and there is no break between the initial period and the period of the                           
05       extension.                                                                                                        
06    * Sec. 3. AS 43.52.020 is amended to read:                                                                         
07            Sec. 43.52.020. Rate of [PASSENGER] vehicle rental tax. The rate of the                                    
08       tax levied in AS 43.52.010 is                                                                                     
09                 (1)  10 percent of the total fees and costs charged for the lease or rental                         
10       of a [THE] passenger vehicle;                                                                             
11                 (2)  three percent of the total fees and costs charged for the lease or                             
12       rental of a recreational vehicle.                                                                             
13    * Sec. 4. AS 43.52.099(2) is amended to read:                                                                      
14                 (2)  "passenger vehicle" means a motor vehicle as defined in                                            
15       AS 28.90.990 that is driven or moved on a highway or other public right-of-way in the                             
16       state, and is rented or leased for the primary purpose of transporting passengers                             
17       but does not include                                                                                              
18                      (A)  a commercial motor vehicle as that term is defined in                                         
19            AS 28.90.990;                                                                                                
20                      (B)  emergency or fire equipment that is necessary to the                                          
21            preservation of life or property;                                                                            
22                      (C)  a farm vehicle that is controlled and operated by a farmer,                                   
23            used to transport agricultural products, farm machinery, or farm supplies to or                              
24            from that farmer's farm, not used in the operations of a common or contract                                  
25            motor carrier, and used within 150 miles of the farmer's farm;                                               
26                      (D)  a recreational vehicle;                                                                       
27                      (E)  a taxicab;                                                                                    
28                      (F)  [A RENTAL TRUCK; IN THIS SUBPARAGRAPH,                                                        
29            "RENTAL TRUCK" MEANS] a motor vehicle with a gross vehicle weight                                            
30            rating greater than 6,500 [8,500] pounds [THAT IS DESIGNED, USED, OR                                     
31            MAINTAINED PRIMARILY FOR THE TRANSPORTATION OF                                                               
01            PERSONAL PROPERTY];                                                                                        
02                      (G)  a vehicle provided by an automobile dealer to a customer                                      
03            as replacement transportation during warranty, recall, or service contract                                   
04            repairs if the dealer does not receive compensation from the customer; or                                    
05                      (H)  a motorcycle or a motor-driven cycle as those terms are                                       
06            defined in AS 28.90.990;                                                                                     
07    * Sec. 5. AS 43.52.030 and 43.52.040 are repealed.                                                                 
08    * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).