Alaska 2025-2026 Regular Session

Alaska Senate Bill SB135 Latest Draft

Bill / Comm Sub Version Filed 04/15/2025

                             
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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 
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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 
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(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 
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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 
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   * 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 
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   * 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 
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(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 
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(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 
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   * 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