SB0135B -1- CSSB 135(RES) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0768\N CS FOR SENATE BILL NO. 135(RES) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY THE SENATE RESOURCES COMMITTEE Offered: 4/15/25 Referred: Finance Sponsor(s): THE SENATE RULES COMMITTEE BY REQUEST OF THE JOINT LEGISLATIVE TASK FORCE EVALUATING ALASKA'S SEAFOOD INDUSTRY A BILL FOR AN ACT ENTITLED "An Act relating to the sharing of tax revenue from the fisheries business tax and 1 fishery resource landing tax with municipalities; relating to municipal reports on the 2 shared tax revenue; and providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 5 to read: 6 LEGISLATIVE INTENT. It is the intent of the legislature that a municipality use the 7 additional revenue distributed under this Act to help maintain and improve the municipality's 8 harbor facilities, if the municipality operates harbor facilities. 9 * Sec. 2. AS 43.75.130(a) is amended to read: 10 (a) Subject to appropriation by the legislature, and except [EXCEPT] as 11 provided in (d) of this section, the commissioner shall pay 12 (1) to each unified municipality and to each city located in the 13 unorganized borough, 60 [50] percent of the amount of tax revenue collected in the 14 34-LS0768\N CSSB 135(RES) -2- SB0135B New Text Underlined [DELETED TEXT BRACKETED] municipality from taxes levied under this chapter; 1 (2) to each city located within a borough, 35 [25] percent of the 2 amount of tax revenue collected in the city from taxes levied under this chapter; and 3 (3) to each borough 4 (A) 60 [50] percent of the amount of tax revenue collected in 5 the area of the borough outside cities from taxes levied under this chapter; and 6 (B) 35 [25] percent of the amount of tax revenue collected in 7 cities located within the borough from taxes levied under this chapter. 8 * Sec. 3. AS 43.75.130(a), as amended by sec. 2 of this Act, is amended to read: 9 (a) Subject to appropriation by the legislature, and except as provided in (d) of 10 this section, the commissioner shall pay 11 (1) to each unified municipality and to each city located in the 12 unorganized borough, 50 [60] percent of the amount of tax revenue collected in the 13 municipality from taxes levied under this chapter; 14 (2) to each city located within a borough, 25 [35] percent of the 15 amount of tax revenue collected in the city from taxes levied under this chapter; and 16 (3) to each borough 17 (A) 50 [60] percent of the amount of tax revenue collected in 18 the area of the borough outside cities from taxes levied under this chapter; and 19 (B) 25 [35] percent of the amount of tax revenue collected in 20 cities located within the borough from taxes levied under this chapter. 21 * Sec. 4. AS 43.75.130(d) is amended to read: 22 (d) Notwithstanding the provisions of (a)(2) and (a)(3)(B) of this section, and 23 subject to appropriation by the legislature, the commissioner shall pay 24 (1) to each city that is located in a borough incorporated after June 16, 25 1987, the following percentages of the tax revenue collected in the city from taxes 26 levied under this chapter: 27 (A) 55 [45] percent of the taxes collected during the calendar 28 year in which the borough is incorporated; 29 (B) 50 [40] percent of the taxes collected during the first 30 calendar year after the calendar year in which the borough is incorporated; 31 34-LS0768\N SB0135B -3- CSSB 135(RES) New Text Underlined [DELETED TEXT BRACKETED] (C) 45 [35] percent of the taxes collected during the second 1 calendar year after the calendar year in which the borough is incorporated; and 2 (D) 40 [30] percent of the taxes collected during the third 3 calendar year after the calendar year in which the borough is incorporated; and 4 (2) to each borough that is incorporated after June 16, 1987, the 5 following percentages of the tax revenue collected in the cities located within the 6 borough from taxes levied under this chapter: 7 (A) 7.5 [5] percent of the taxes collected during the calendar 8 year in which the borough is incorporated; 9 (B) 15 [10] percent of the taxes collected during the first 10 calendar year after the calendar year in which the borough is incorporated; 11 (C) 25 [15] percent of the taxes collected during the second 12 calendar year after the calendar year in which the borough is incorporated; and 13 (D) 30 [20] percent of the taxes collected during the third 14 calendar year after the calendar year in which the borough is incorporated. 15 * Sec. 5. AS 43.75.130(d), as amended by sec. 4 of this Act, is amended to read: 16 (d) Notwithstanding the provisions of (a)(2) and (a)(3)(B) of this section, and 17 subject to appropriation by the legislature, the 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 [55] percent of the taxes collected during the calendar 22 year in which the borough is incorporated; 23 (B) 40 [50] percent of the taxes collected during the first 24 calendar year after the calendar year in which the borough is incorporated; 25 (C) 35 [45] percent of the taxes collected during the second 26 calendar year after the calendar year in which the borough is incorporated; and 27 (D) 30 [40] percent of the taxes collected during the third 28 calendar year after the calendar year in which the borough is incorporated; and 29 (2) to each borough that is incorporated after June 16, 1987, the 30 following percentages of the tax revenue collected in the cities located within the 31 34-LS0768\N CSSB 135(RES) -4- SB0135B New Text Underlined [DELETED TEXT BRACKETED] borough from taxes levied under this chapter: 1 (A) five [7.5] percent of the taxes collected during the calendar 2 year in which the borough is incorporated; 3 (B) 10 [15] percent of the taxes collected during the first 4 calendar year after the calendar year in which the borough is incorporated; 5 (C) 15 [25] percent of the taxes collected during the second 6 calendar year after the calendar year in which the borough is incorporated; and 7 (D) 20 [30] percent of the taxes collected during the third 8 calendar year after the calendar year in which the borough is incorporated. 9 * Sec. 6. AS 43.75.130 is amended by adding a new subsection to read: 10 (i) A municipality that receives a payment under this section shall use 10 11 percent of the funds received under this section to support or enhance commercial 12 fishing. 13 * Sec. 7. AS 43.75.137 is amended to read: 14 Sec. 43.75.137. Additional refund. Subject to appropriation by the 15 legislature [TO THE EXTENT THAT APPROPRIATIONS ARE AVAILABLE FOR 16 THE PURPOSE, AND NOTWITHSTANDING THE REQUIREMENT OF 17 AS 37.07.080(e) THAT APPROVAL OF THE OFFICE OF MANAGEMENT AND 18 BUDGET IS REQUIRED], an amount equal to 75 [50] percent of the tax revenue that 19 is collected under this chapter from fisheries businesses and that is not subject to 20 division with a municipality under AS 43.75.130 shall be paid by [TRANSMITTED 21 EACH FISCAL YEAR, WITHOUT THE APPROVAL OF THE OFFICE OF 22 MANAGEMENT AND BUDGET, BY THE DEPARTMENT TO] the Department of 23 Commerce, Community, and Economic Development [FOR DISBURSAL] to eligible 24 municipalities under AS 29.60.450. 25 * Sec. 8. AS 43.75.137, as amended by sec. 7 of this Act, is amended to read: 26 Sec. 43.75.137. Additional refund. Subject to appropriation by the legislature, 27 an amount equal to 50 [75] percent of the tax revenue that is collected under this 28 chapter from fisheries businesses and that is not subject to division with a municipality 29 under AS 43.75.130 shall be paid by the Department of Commerce, Community, and 30 Economic Development to eligible municipalities under AS 29.60.450. 31 34-LS0768\N SB0135B -5- CSSB 135(RES) New Text Underlined [DELETED TEXT BRACKETED] * Sec. 9. AS 43.75 is amended by adding a new section to article 3 to read: 1 Sec. 43.75.150. Municipal reports to the legislature. (a) Except as provided 2 in (c) of this section, not more than 30 days after the convening of each regular 3 legislative session, a municipality that receives tax revenue under AS 43.75.130 - 4 43.75.137 shall prepare and submit to the legislature a report that describes 5 (1) how those funds were used by the municipality in the previous 6 fiscal year; and 7 (2) any harbor maintenance or improvement projects that were funded 8 in whole or in part by the tax revenue collected under AS 43.75.130 - 43.75.137, if the 9 municipality operates a harbor. 10 (b) The report required under (a) of this section may be made jointly with the 11 report required under AS 43.77.060(f). 12 (c) A report is not required under this section if the total tax revenue a 13 municipality receives under AS 43.75.130 - 43.75.137 is less than $10,000. 14 * Sec. 10. AS 43.77.060(a) is amended to read: 15 (a) Subject to appropriation by the legislature and except as provided in (b) of 16 this section, the commissioner shall pay to each 17 (1) unified municipality and to each city located in the unorganized 18 borough 75 [, 50] percent of the amount of tax revenue collected from taxes levied 19 under this chapter on the fishery resource landed in the municipality and accounted for 20 under AS 43.77.050(b); 21 (2) city located within a borough 35 [, 25] percent of the amount of the 22 tax revenue collected from taxes levied under this chapter on fishery resources landed 23 in the city and accounted for under AS 43.77.050(b); and 24 (3) borough 25 (A) 75 [50] percent of the amount of the tax revenue collected 26 from taxes levied under this chapter on fishery resources landed in the area of 27 the borough outside cities and accounted for under AS 43.77.050(b); and 28 (B) 35 [25] percent of the amount of the tax revenue collected 29 from taxes levied under this chapter on fishery resources landed in cities 30 located within the borough and accounted for under AS 43.77.050(b). 31 34-LS0768\N CSSB 135(RES) -6- SB0135B New Text Underlined [DELETED TEXT BRACKETED] * Sec. 11. AS 43.77.060(a), as amended by sec. 10 of this Act, is amended to read: 1 (a) Subject to appropriation by the legislature and except as provided in (b) of 2 this section, the commissioner shall pay to each 3 (1) unified municipality and to each city located in the unorganized 4 borough 50 [75] percent of the amount of tax revenue collected from taxes levied 5 under this chapter on the fishery resource landed in the municipality and accounted for 6 under AS 43.77.050(b); 7 (2) city located within a borough 25 [35] percent of the amount of the 8 tax revenue collected from taxes levied under this chapter on fishery resources landed 9 in the city and accounted for under AS 43.77.050(b); and 10 (3) borough 11 (A) 50 [75] percent of the amount of the tax revenue collected 12 from taxes levied under this chapter on fishery resources landed in the area of 13 the borough outside cities and accounted for under AS 43.77.050(b); and 14 (B) 25 [35] percent of the amount of the tax revenue collected 15 from taxes levied under this chapter on fishery resources landed in cities 16 located within the borough and accounted for under AS 43.77.050(b). 17 * Sec. 12. AS 43.77.060(b) is amended to read: 18 (b) Notwithstanding the provisions of (a)(2) and (a)(3)(B) of this section, and 19 subject to appropriation by the legislature, the commissioner shall pay to each 20 (1) city that is located in a borough incorporated after January 1, 1994, 21 the following percentages of the tax revenue collected from taxes levied under this 22 chapter on fishery resources landed in the city and accounted for under 23 AS 43.77.050(b): 24 (A) 50 [45] percent of the tax revenue collected during the 25 calendar year in which the borough is incorporated; 26 (B) 50 [40] percent of the tax revenue collected during the first 27 calendar year after the calendar year in which the borough is incorporated; 28 (C) 50 [35] percent of the tax revenue collected during the 29 second calendar year after the calendar year in which the borough is 30 incorporated; and 31 34-LS0768\N SB0135B -7- CSSB 135(RES) New Text Underlined [DELETED TEXT BRACKETED] (D) 50 [30] percent of the tax revenue collected during the third 1 calendar year after the calendar year in which the borough is incorporated; and 2 (2) borough that is incorporated after January 1, 1994, the following 3 percentages of the tax revenue collected from taxes levied under this chapter on 4 fishery resources landed in the cities located within the borough and accounted for 5 under AS 43.77.050(b): 6 (A) 10 [FIVE] percent of the tax revenue collected during the 7 calendar year in which the borough is incorporated; 8 (B) 20 [10] percent of the tax revenue collected during the first 9 calendar year after the calendar year in which the borough is incorporated; 10 (C) 25 [15] percent of the tax revenue collected during the 11 second calendar year after the calendar year in which the borough is 12 incorporated; and 13 (D) 35 [20] percent of the tax revenue collected during the third 14 calendar year after the calendar year in which the borough is incorporated. 15 * Sec. 13. AS 43.77.060(b), as amended by sec. 12 of this Act, is amended to read: 16 (b) Notwithstanding the provisions of (a)(2) and (a)(3)(B) of this section, and 17 subject to appropriation by the legislature, the commissioner shall pay to each 18 (1) city that is located in a borough incorporated after January 1, 1994, 19 the following percentages of the tax revenue collected from taxes levied under this 20 chapter on fishery resources landed in the city and accounted for under 21 AS 43.77.050(b): 22 (A) 45 [50] percent of the tax revenue collected during the 23 calendar year in which the borough is incorporated; 24 (B) 40 [50] percent of the tax revenue collected during the first 25 calendar year after the calendar year in which the borough is incorporated; 26 (C) 35 [50] percent of the tax revenue collected during the 27 second calendar year after the calendar year in which the borough is 28 incorporated; and 29 (D) 30 [50] percent of the tax revenue collected during the third 30 calendar year after the calendar year in which the borough is incorporated; and 31 34-LS0768\N CSSB 135(RES) -8- SB0135B New Text Underlined [DELETED TEXT BRACKETED] (2) borough that is incorporated after January 1, 1994, the following 1 percentages of the tax revenue collected from taxes levied under this chapter on 2 fishery resources landed in the cities located within the borough and accounted for 3 under AS 43.77.050(b): 4 (A) five [10] percent of the tax revenue collected during the 5 calendar year in which the borough is incorporated; 6 (B) 10 [20] percent of the tax revenue collected during the first 7 calendar year after the calendar year in which the borough is incorporated; 8 (C) 15 [25] percent of the tax revenue collected during the 9 second calendar year after the calendar year in which the borough is 10 incorporated; and 11 (D) 20 [35] percent of the tax revenue collected during the third 12 calendar year after the calendar year in which the borough is incorporated. 13 * Sec. 14. AS 43.77.060(d) is amended to read: 14 (d) Subject to appropriation by the legislature [TO THE EXTENT THAT 15 APPROPRIATIONS ARE AVAILABLE FOR THE PURPOSE, AND 16 NOTWITHSTANDING THE REQUIREMENT OF AS 37.07.080(e) THAT 17 APPROVAL OF THE OFFICE OF MANAGEMENT AND BUDGET IS 18 REQUIRED], an amount equal to 75 [50] percent of the tax revenue that is collected 19 under this chapter and that is not subject to division with a municipality under (a) - (c) 20 of this section shall be paid by [TRANSMITTED EACH FISCAL YEAR, 21 WITHOUT THE APPROVAL OF THE OFFICE OF MANAGEMENT AND 22 BUDGET, BY THE DEPARTMENT TO] the Department of Commerce, Community, 23 and Economic Development [FOR DISBURSAL] to eligible municipalities under 24 AS 29.60.450. 25 * Sec. 15. AS 43.77.060(d), as amended by sec. 14 of this Act, is amended to read: 26 (d) Subject to appropriation by the legislature, an amount equal to 50 [75] 27 percent of the tax revenue that is collected under this chapter and that is not subject to 28 division with a municipality under (a) - (c) of this section shall be paid by the 29 Department of Commerce, Community, and Economic Development to eligible 30 municipalities under AS 29.60.450. 31 34-LS0768\N SB0135B -9- CSSB 135(RES) New Text Underlined [DELETED TEXT BRACKETED] * Sec. 16. AS 43.77.060 is amended by adding new subsections to read: 1 (f) Except as provided in (c) of this section, not more than 30 days after the 2 convening of each regular legislative session, a municipality that receives tax revenue 3 under this section shall prepare and submit to the legislature a report that describes 4 how those funds were used by the municipality in the previous fiscal year and that 5 details any harbor maintenance or improvement projects that were funded in whole or 6 in part by that tax revenue, if the municipality operates harbor facilities. The report 7 may be made jointly with the report required under AS 43.75.150. 8 (g) A report is not required under this section if the total tax revenue a 9 municipality receives under this section is less than $10,000. 10 (h) A municipality that receives a payment under this section shall use 10 11 percent of the funds received under this section to support or enhance commercial 12 fishing. 13 * Sec. 17. AS 43.75.130(i) and AS 43.77.060(g) are repealed. 14 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 APPLICABILITY. This Act applies to tax revenue collected by the Department of 17 Revenue under AS 43.75 and AS 43.77 for the 2025 tax year and later tax years. 18 * Sec. 19. Sections 9 and 16 of this Act take effect February 1, 2026. 19 * Sec. 20. Sections 3, 5, 8, 11, 13, 15, and 17 of this Act take effect July 1, 2035. 20 * Sec. 21. Except as provided in secs. 19 and 20 of this Act, this Act takes effect January 1, 21 2026. 22