HB 158: "An Act relating to a refined fuel surcharge; relating to the motor fuel tax; relating to a qualified dealer license; and providing for an effective date."
00 HOUSE BILL NO. 158 01 "An Act relating to a refined fuel surcharge; relating to the motor fuel tax; relating to a 02 qualified dealer license; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.05.230(g) is amended to read: 05 (g) The information contained in a license issued by the commissioner of 06 revenue or the commissioner of commerce, community, and economic development 07 under AS 43.40, AS 43.50, AS 43.60, AS 43.65, AS 43.70, and AS 43.75 is public 08 information. 09 * Sec. 2. AS 43.40 is amended by adding new sections to read: 10 Sec. 43.40.005. Refined fuel surcharge levied. (a) Every dealer or user of 11 refined fuels shall pay a surcharge of $.01 a gallon on refined fuel sold, transferred, or 12 used in the state. 13 (b) The following refined fuels are exempt from the surcharge imposed under 14 this section:
01 (1) fuel sold to a federal government agency for official use; 02 (2) fuel refined and used outside the United States; 03 (3) bonded fuel; 04 (4) liquefied petroleum gas; 05 (5) fuel sold or transferred between qualified dealers. 06 Sec. 43.40.007. Use of revenue derived from the refined fuel surcharge. 07 The legislature may appropriate the annual estimated balance of the surcharge levied 08 under AS 43.40.005 to the oil and hazardous substance release prevention account of 09 the oil and hazardous substance release prevention and response fund established in 10 AS 46.08.010. Nothing in this section creates a dedicated fund. 11 * Sec. 3. AS 43.40.010(a) is amended to read: 12 (a) In addition to the surcharge levied under AS 43.40.005, there [THERE] 13 is levied a tax of eight cents a gallon on all motor fuel sold or otherwise transferred 14 within the state, except that 15 (1) the tax on aviation gasoline is four and seven-tenths cents a gallon; 16 (2) the tax on motor fuel used in and on watercraft of all descriptions is 17 five cents a gallon; 18 (3) the tax on all aviation fuel other than gasoline is three and two- 19 tenths cents a gallon; and 20 (4) the tax rate on motor fuel that is blended with alcohol is the same 21 tax rate a gallon as other motor fuel; however, 22 (A) in an area and during the months in which fuel containing 23 alcohol is required to be sold, transferred, or used in an effort to attain air 24 quality standards for carbon monoxide as required by federal or state law or 25 regulation, the tax rate on motor fuel that is blended with alcohol is six cents a 26 gallon less than the tax on other motor fuel not described in (1) - (3) of this 27 subsection; 28 (B) notwithstanding (A) of this paragraph, through June 30, 29 2004, the tax on motor fuel sold or otherwise transferred within the state is 30 eight cents a gallon less than the tax on other motor fuel not described in (1) - 31 (3) of this subsection if the motor fuel
01 (i) is at least 10 percent alcohol by volume, has been 02 produced from the processing of lignocellulose derived from wood, and 03 was produced in a facility that processes lignocellulose from wood, but 04 this reduction in the rate of tax applies to motor fuel sold or transferred 05 that contains alcohol that was produced only during the first five years 06 of the facility's processing of lignocellulose from wood; or 07 (ii) is at least 10 percent alcohol by volume, has been 08 produced from the processing of waste seafood, and was produced in a 09 facility that processes alcohol from waste seafood, but this reduction in 10 the rate of tax applies to motor fuel sold or transferred that contains 11 alcohol that was produced only during the first five years of the 12 facility's processing of alcohol from waste seafood. 13 * Sec. 4. AS 43.40.010(b) is amended to read: 14 (b) In addition to the surcharge levied under AS 43.40.005, there [THERE] 15 is levied a tax of eight cents a gallon on all motor fuel consumed by a user, except that 16 (1) the tax on aviation gasoline consumed is four and seven-tenths cents 17 a gallon; 18 (2) the tax on motor fuel used in and on watercraft of all descriptions is 19 five cents a gallon; 20 (3) the tax on all aviation fuel other than gasoline is three and two- 21 tenths cents a gallon; and 22 (4) the tax rate on motor fuel that is blended with alcohol is the same 23 tax rate a gallon as other motor fuel; however, 24 (A) in an area and during the months in which fuel containing 25 alcohol is required to be sold, transferred, or used in an effort to attain air 26 quality standards for carbon monoxide as required by federal or state law or 27 regulation, the tax rate on motor fuel that is blended with alcohol is six cents a 28 gallon less than the tax on other motor fuel not described in (1) - (3) of this 29 subsection; 30 (B) notwithstanding (A) of this paragraph, through June 30, 31 2004, the tax on motor fuel consumed by a user within the state is eight cents a
01 gallon less than the tax on other motor fuel not described in (1) - (3) of this 02 subsection if the motor fuel 03 (i) is at least 10 percent alcohol by volume, has been 04 produced from the processing of lignocellulose derived from wood, and 05 was produced in a facility that processes lignocellulose from wood, but 06 this reduction in the rate of tax applies to motor fuel consumed by a 07 user that contains alcohol that was produced only during the first five 08 years of the facility's processing of lignocellulose from wood; or 09 (ii) is at least 10 percent alcohol by volume, has been 10 produced from the processing of waste seafood, and was produced in a 11 facility that processes alcohol from waste seafood, but this reduction in 12 the rate of tax applies to motor fuel consumed by a user that contains 13 alcohol that was produced only during the first five years of the 14 facility's processing of alcohol from waste seafood. 15 * Sec. 5. AS 43.40.010(e) is amended to read: 16 (e) Sixty percent of the proceeds of the revenue from the motor fuel taxes on 17 aviation fuel, excluding the amount determined to have been spent by the state in its 18 collection, shall be refunded to a municipality owning and operating or leasing and 19 operating an airport in the proportion that the revenue was collected at the municipal 20 airport. All other proceeds of the motor fuel taxes on aviation fuel shall be paid into a 21 special aviation fuel tax account in the state general fund. The legislature may 22 appropriate funds from this account for aviation facilities. 23 * Sec. 6. AS 43.40 is amended by adding a new section to read: 24 Sec. 43.40.013. Collection of the refined fuel surcharge and the motor fuel 25 tax. Every dealer who sells or otherwise transfers refined or motor fuel in the state 26 shall collect the tax at the time of sale, and remit the total tax collected during each 27 calendar month of each year to the department by the last day of each succeeding 28 month. Every user shall likewise remit the tax accrued on motor fuel actually used by 29 the user during each month. If the monthly tax return is timely filed, one percent of the 30 total monthly tax due, limited to a maximum of $100, may be deducted and retained to 31 cover the expense of accounting and filing the monthly tax return. At the time the
01 remittance is made, each dealer or user shall submit a statement to the department 02 showing all fuel that the dealer or user has distributed or used during the month. 03 * Sec. 7. AS 43.40.015(c) is amended to read: 04 (c) A certificate of use obtained under this section must be renewed annually 05 for exemptions listed under AS 43.40.100(2). 06 * Sec. 8. AS 43.40.015(d) is amended to read: 07 (d) A certificate of use is not required under this section 08 (1) for fuel exempted under AS 43.40.100(2)(C) or (J); and 09 (2) for fuel exempted under AS 43.40.100(2)(I) other than fuel sold or 10 transferred under this exemption to a person who is engaged in construction or mining 11 activity. 12 * Sec. 9. AS 43.40.030 is amended to read: 13 Sec. 43.40.030. Refund of the motor fuel tax for nonhighway use. (a) 14 Except as specified in AS 43.40.010(j), a person who uses motor fuel to operate an 15 internal combustion engine is entitled to a motor fuel tax refund of six cents a gallon 16 if 17 (1) the tax on the motor fuel has been paid; 18 (2) the motor fuel is not aviation fuel, or motor fuel used in or on 19 watercraft; and 20 (3) the internal combustion engine is not used in or in conjunction with 21 a motor vehicle licensed to be operated on public ways. 22 (b) The entire amount of the motor fuel tax levied by this chapter shall be 23 refunded to the purchaser on that part of the motor fuel used in a foreign country on 24 which the tax has been paid when the fuel is sold and delivered in the state for non- 25 highway use in a foreign country. 26 (c) The department shall establish the necessary regulations and prescribe the 27 appropriate forms to prove that, for purposes of the motor fuel tax, the motor fuel is 28 taken to and used in foreign countries. 29 (d) If a person obtains motor fuel on which the motor fuel tax levied by this 30 chapter has been paid and the motor fuel is exempt from the motor fuel tax, the 31 person is entitled to a refund of the motor fuel tax paid.
01 * Sec. 10. AS 43.40.035(a) is amended to read: 02 (a) A person who resells fuel on which a surcharge under AS 43.40.005 or 03 the tax under AS 43.40.010(a) or (b) was previously paid is entitled to a credit or 04 refund of the (1) motor fuel tax if [(1)] the resold fuel is not motor fuel and the 05 requirements of AS 43.40.015 have been fulfilled; or (2) the amount of surcharge or 06 tax previously paid exceeds the surcharge or tax due on the resale. The amount of the 07 credit or refund under this section is equal to the amount of the surcharge or tax 08 previously paid on the resold fuel less the amount of the surcharge or tax prescribed 09 by AS 43.40.005 or 43.40.010(a) or (b), respectively [AS 43.40.010(a) OR (b)]. 10 * Sec. 11. AS 43.40.035(c) is amended to read: 11 (c) For motor fuel sold to federal, state, and local government agencies for 12 official use and purchased with a government credit card, the credit card issuer may 13 apply for a refund of any motor fuel tax assessed on the purchase if the tax is not 14 billed by the credit card issuer to the government agency making the purchase. For 15 refined fuel sold to federal agencies for official use and purchased with a 16 government credit card, the credit card issuer may apply for a refund of any 17 refined fuel surcharge assessed on the purchase if the surcharge is not billed by 18 the credit card issuer to the government agency making the purchase. 19 * Sec. 12. AS 43.40.050(b) is amended to read: 20 (b) A claim for refund under AS 43.40.030 or 43.40.035 shall be filed within 21 one year after [FROM] the date of the purchase of the refined or motor fuel as 22 indicated on the invoice, and failure to file within the one-year period is a waiver of 23 the right to the refund. A claim is considered to be filed when the claim is mailed or 24 personally presented to an office of the department. 25 * Sec. 13. AS 43.40.060 is amended to read: 26 Sec. 43.40.060. Separate invoices. The department may require the issuance 27 of separate invoices for refined or motor fuel sold, distributed, or transferred when 28 the invoices will be the basis for a refund claim. 29 * Sec. 14. AS 43.40.070 is amended to read: 30 Sec. 43.40.070. Refund warrants. Upon approval of a refund claim of the 31 motor fuel tax by the department, a disbursement shall be made from the highway
01 fuel tax account in the general fund in favor of the applicant in the amount of the 02 claim. 03 * Sec. 15. AS 43.40.070 is amended by adding a new subsection to read: 04 (b) Upon approval of a refund claim of the refined fuel surcharge by the 05 department, a disbursement shall be made from the oil and hazardous substance 06 release prevention account of the oil and hazardous substance release prevention and 07 response fund established in AS 46.08.010 in favor of the applicant in the amount of 08 the claim. 09 * Sec. 16. AS 43.40.080(a) is amended to read: 10 (a) To determine the validity of a claim for refund, the department may 11 examine the books and records of the claimant and the books and records of a 12 distributor of the refined or motor fuel. The department may cancel the refund 13 [PERMIT] of a [THE] claimant relying on [UPON] a fraudulent invoice [FOR A 14 PERIOD OF NOT MORE THAN ONE YEAR]. 15 * Sec. 17. AS 43.40.085 is amended to read: 16 Sec. 43.40.085. Preservation of books and records. Dealers and users shall 17 preserve for three years all books and records pertaining to sales, transfers, and uses of 18 refined or motor fuel that are subject to a surcharge or tax [TAXED] under this 19 chapter. 20 * Sec. 18. AS 43.40.092(a) is amended to read: 21 (a) The provisions of this section apply to disallow the exemption from the 22 motor fuel tax for motor fuel sold for use by a dealer or used by a user in jet 23 propulsion aircraft operating in flights that continue from foreign countries if, for 24 motor fuel produced by a refiner, 25 (1) the refiner determines, on or after July 1, 1997, that the refiner will 26 expand capacity or expand the refinery to produce more residual fuel oil used in 27 watercraft; 28 (2) on or after the July 1, 1997, the refiner has voluntarily committed 29 by agreement entered into with the commissioner that, if the refiner expands its oil 30 refining capacity in order to produce additional supplies of fuel for use in jet 31 propulsion aircraft that qualify for the tax exemption, when the refiner expands
01 capacity, the refiner will 02 (A) use the refiner's best efforts to advertise for, recruit, and 03 employ in the construction activities associated with expanding refinery 04 capacity resident workers who have experience in the specific fields in which 05 they are hired to work; 06 (B) contract with licensed Alaska firms to prepare materials that 07 are used in construction activities and to provide services in conjunction with 08 activities associated with expanded refinery capacity and, in contracting with 09 those firms, to encourage the refiner's contractors to employ and, when 10 necessary, train state residents; and 11 (C) enter into contracts with Alaska-licensed vendors, 12 contractors, and suppliers for the provision of supplies and services used in 13 conjunction with activities associated with expanding refinery capacity; and 14 (3) the commissioner determines that a dealer or user claiming the 15 exemption for motor fuel acquired from a refiner who has entered into an agreement 16 described in (2) of this subsection acquired the motor fuel for which the exemption is 17 claimed from a refiner who has not complied with the requirements of the agreement 18 in completing expansion of its oil refining capacity under the agreement described in 19 (1) of this subsection. 20 * Sec. 19. AS 43.40 is amended by adding a new section to read: 21 Sec. 43.40.094. Qualified dealer license. (a) A dealer is eligible for a qualified 22 dealer license if the dealer sells at least 50 percent of fuel acquired to unrelated 23 persons for any combination of the following purposes: 24 (1) resale; 25 (2) use in heating private or commercial buildings or facilities; 26 (3) use in jet propulsion aircraft; 27 (4) motor fuel. 28 (b) A person applying for a qualified dealer license must use a form or format 29 prescribed by the department. At the time of application, the applicant must provide an 30 estimate of the average number of gallons of fuel subject to surcharge or tax each 31 month during a calendar year, and state the estimated amount of surcharge and tax on
01 those gallons. A license issued under this section is not transferable. 02 (c) The department may not issue or renew a qualified dealer license if 03 (1) the department finds that the applicant or qualified dealer has 04 withheld information required in the application or that the information submitted in 05 the application is false or misleading; 06 (2) the applicant, or a responsible person of a business organization that 07 is applying for the license, has been convicted within the last 10 years, in this state or 08 in any other taxing jurisdiction, of crimes involving a fuel surcharge or tax; 09 (3) the qualified dealer fails to comply with a requirement of this 10 chapter; 11 (4) the qualified dealer has failed to pay in full the surcharge, taxes, 12 interest, and penalties levied under AS 43.05 or this chapter. 13 (d) The department may 14 (1) issue only one qualified dealer license to each person; 15 (2) put additional limitations on the applicant or holder of a qualified 16 dealer license. 17 (e) A license issued under this section expires on June 30 following the date of 18 issue. Before a license issued under this section expires, the licensee may apply to 19 renew the license, on a form or in a format prescribed by the department, for one year 20 after the expiration date of the license. 21 (f) If the department determines a qualified dealer license may not be issued or 22 renewed under this section, the department shall mail or electronically deliver a notice 23 of license denial or nonrenewal to the person whose license was denied or not 24 renewed. The person may appeal a notice of license denial or nonrenewal not later 25 than 10 days after the date the notice was mailed or electronically delivered. 26 (g) The department may, at the time an applicant applies for a qualified dealer 27 license, require the applicant to file a bond or other security with the department in an 28 amount equal to twice the estimated surcharge and tax due to the department in one 29 month, or $5,000, whichever is greater. 30 (h) The department may adopt regulations to implement this section, including 31 regulations relating to the revocation of a license.
01 * Sec. 20. AS 43.40.100(1) is amended to read: 02 (1) "dealer" means a person who sells or otherwise transfers in this 03 state refined or motor fuel upon which the surcharge or tax [TAXES] imposed by 04 this chapter has [HAVE] not been paid; 05 * Sec. 21. AS 43.40.100(3) is amended to read: 06 (3) "qualified dealer" means a person who (A) refines, (B) imports, (C) 07 manufactures, (D) produces, (E) compounds, or (F) wholesales refined or motor fuel 08 [, WHO SATISFIES CRITERIA FOR QUALIFIED DEALERS ESTABLISHED BY 09 THE DEPARTMENT BY REGULATION, AND WHO OBTAINS A QUALIFIED 10 DEALER'S LICENSE FROM THE DEPARTMENT]; 11 * Sec. 22. AS 43.40.100(4) is amended to read: 12 (4) "user" means a person consuming or using refined or motor fuel, 13 who 14 (A) purchases the fuel out of the state and ships it into the state 15 for personal use in the state; 16 (B) manufactures the fuel in the state; or 17 (C) purchases or receives fuel in the state that is not subject to 18 the surcharge or tax under this chapter [TAXED] at the time of purchase or 19 receipt or is subject to a surcharge or tax [TAXED AT A RATE] that is less 20 than the rate prescribed by AS 43.40.005 or 43.40.010 [AS 43.40.010]. 21 * Sec. 23. AS 43.40.100 is amended by adding a new paragraph to read: 22 (5) "refined fuel" means fuel produced from oil that is used in an 23 engine, machine, or contrivance that creates heat, energy, or power. 24 * Sec. 24. AS 43.40.010(c) is repealed. 25 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 QUALIFIED DEALER LICENSE; REGULATIONS. To the extent current 28 regulations are consistent with this Act, the regulations previously adopted by the Department 29 of Revenue relating to qualified dealers and qualified dealer licenses under AS 43.40.100 30 shall apply to qualified dealers and qualified dealer licenses until the regulations are amended 31 to be consistent with this Act.