CSHB 122(STA): "An Act authorizing payment of a portion of the tax on motor fuel used in and on watercraft as refunds to municipalities, and imposing a reporting requirement on certain sales or transfers of that motor fuel; and providing for an effective date."
00CS FOR HOUSE BILL NO. 122(STA) 01 "An Act authorizing payment of a portion of the tax on motor fuel used in and 02 on watercraft as refunds to municipalities, and imposing a reporting requirement 03 on certain sales or transfers of that motor fuel; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 43.40.010(f) is amended to read: 07 (f) The proceeds from the revenue from the tax on motor fuel used in or on 08 [BOATS AND] watercraft of all descriptions shall be deposited in a special watercraft 09 fuel tax account in the general fund. The legislature may appropriate from this 10 account for the purposes of paying refunds to municipalities under AS 43.40.150 11 and for water and harbor facilities. 12 * Sec. 2. AS 43.40 is amended by adding a new section to read: 13 ARTICLE 2. WATERCRAFT FUEL TAX REFUNDS TO MUNICIPALITIES. 14 Sec. 43.40.150. REFUNDS TO MUNICIPALITIES. (a) Except as provided
01 in (b) of this section, the commissioner shall pay 02 (1) to each unified municipality and to each city located in the 03 unorganized borough 50 percent of the amount of tax revenue collected in the 04 municipality from taxes levied on motor fuel used in and on watercraft of all 05 descriptions under this chapter and deposited in the special watercraft fuel tax account 06 under AS 43.40.010(f); 07 (2) to each city located within a borough 25 percent of the amount of 08 tax revenue collected in the city from taxes levied on motor fuel used in and on 09 watercraft of all descriptions under this chapter and deposited in the special watercraft 10 fuel tax account under AS 43.40.010(f); and 11 (3) to each borough 12 (A) 50 percent of the amount of tax revenue collected in the 13 area of the borough outside cities from taxes levied on motor fuel used in and 14 on watercraft of all descriptions under this chapter and deposited in the special 15 watercraft fuel tax account under AS 43.40.010(f); and 16 (B) 25 percent of the amount of tax revenue collected in cities 17 located within the borough from taxes levied on motor fuel used in and on 18 watercraft of all descriptions under this chapter and deposited in the special 19 watercraft fuel tax account under AS 43.40.010(f). 20 (b) Notwithstanding the provisions of (a)(2) and (a)(3)(B) of this section, the 21 commissioner shall pay 22 (1) to each city that is located in a borough incorporated after the 23 effective date of this Act the following percentages of the tax revenue collected in the 24 city from taxes levied on motor fuel used in and on watercraft of all descriptions under 25 this chapter and deposited in the special watercraft fuel tax account under 26 AS 43.40.010(f): 27 (A) 45 percent of the taxes collected during the calendar year 28 in which the borough is incorporated; 29 (B) 40 percent of the taxes collected during the first calendar 30 year after the calendar year in which the borough is incorporated; 31 (C) 35 percent of the taxes collected during the second calendar
01 year after the calendar year in which the borough is incorporated; and 02 (D) 30 percent of the taxes collected during the third calendar 03 year after the calendar year in which the borough is incorporated; and 04 (2) to each borough that is incorporated after the effective date of this 05 Act the following percentages of the tax revenue collected in the cities located within 06 the borough from taxes levied on motor fuel used in and on watercraft of all 07 descriptions under this chapter and deposited in the special watercraft fuel tax account 08 under AS 43.40.010(f): 09 (A) 5 percent of the taxes collected during the calendar year in 10 which the borough is incorporated; 11 (B) 10 percent of the taxes collected during the first calendar 12 year after the calendar year in which the borough is incorporated; 13 (C) 15 percent of the taxes collected during the second calendar 14 year after the calendar year in which the borough is incorporated; and 15 (D) 20 percent of the taxes collected during the third calendar 16 year after the calendar year in which the borough is incorporated. 17 (c) Notwithstanding the provisions of (b) of this section, a city may adopt an 18 ordinance to transfer a portion of the funds received under (b)(1) of this section to the 19 borough in which the city is located. 20 (d) If a person sells or transfers motor fuel used in or on a watercraft of any 21 description within a municipality other than the municipality in which the motor fuel 22 was purchased or stored, the person shall submit to the department a statement 23 disclosing the motor fuel sales or transfers that the person made during the preceding 24 calendar month outside the municipality in which the motor fuel was purchased or 25 stored. 26 (e) In this section, "tax revenue collected," as used with reference to a 27 municipality, means the revenue derived from the tax levied on motor fuel used in and 28 on watercraft of all descriptions under this chapter that is collected in the municipality 29 in which the final sale or transfer occurred. 30 * Sec. 3. This Act takes effect July 1, 1995.