00 CONFERENCE CS FOR HOUSE BILL NO. 100 01 "An Act making appropriations for the operating and loan program expenses of 02 state government, for certain programs, and to capitalize funds; making 03 appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from 04 the constitutional budget reserve fund; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. Included within the general fund amounts appropriated in this Act, the 07 following amounts are from the unreserved special accounts in the general fund: 08 Highway fuel tax account (AS 43.40.010(g)) $25,500,000 09 Aviation fuel tax account (AS 43.40.010(e)) 7,000,000 10 * Sec. 2. Except for receipts of the fish and game fund (AS 16. 05.100), federal or other 11 program receipts as defined under AS 37.05.146 that exceed the amounts appropriated in this 12 Act are appropriated conditioned upon compliance with the program review provisions of 13 AS 37.07.080(h). Amounts appropriated from the fish and game fund (AS 16.05.100) in this 14 Act are limited to the amounts stated in this Act. 01 * Sec. 3. If federal or other program receipts as defined under AS 37.05.146 exceed the 02 estimates appropriated by this Act, the appropriation from state funds for the affected program 03 may be reduced by the amount of the excess if the reductions are consistent with applicable 04 federal statutes. 05 * Sec. 4. Except as provided in sec. 5 of this Act, if federal or other program receipts as 06 defined under AS 37.05.146 fall short of the estimates appropriated by this Act, the affected 07 appropriation is reduced by the amount of the shortfall in receipts. 08 * Sec. 5. If the federal receipts under 42 U.S.C. 1397 - 1397f (Title XX of the Social 09 Security Act) fall short of the estimate, the amount of the shortfall, not to exceed $6,310,800, 10 is appropriated from the general fund. 11 * Sec. 6. (a) Amounts necessary to fund the uses of the state insurance catastrophe reserve 12 account described in AS 37.05.289(a) are appropriated from that account to the Department 13 of Administration. 14 (b) Amounts equivalent to the amounts to be received in settlement of insurance 15 claims for losses and the amounts to be received as recovery for losses are appropriated from 16 the general fund to the state insurance catastrophe reserve account established by 17 AS 37.05.289. 18 (c) Amounts equivalent to the amounts to be received in settlement of claims against 19 bonds guaranteeing the reclamation of state land are appropriated from the general fund to the 20 agency secured by the bond. This appropriation is made for the purpose of reclaiming state 21 land affected by a use covered by the bond. 22 (d) The appropriations made in (b) and (c) of this section are contingent upon 23 compliance with the program review provisions of AS 37.07.080(h). 24 * Sec. 7. The amount required to pay interest on revenue anticipation notes issued by the 25 commissioner of revenue under AS 43.08 is appropriated from the general fund to the 26 Department of Revenue for payment of interest on revenue anticipation notes issued by the 27 commissioner of revenue under AS 43.08. 28 * Sec. 8. The amount required to be paid by the state for the principal of and interest on 29 all issued and outstanding state-guaranteed bonds is appropriated from the general fund to the 30 state bond committee to make all payments by the state required under its guarantee for 31 principal and interest. 01 * Sec. 9. The sum of $5,793,767 is appropriated from the international airports revenue 02 fund (AS 37.15.430) to the state bond committee for payment of debt service and trustee fees 03 on outstanding international airports revenue bonds. 04 * Sec. 10. (a) The sum of $9,628,221 is appropriated from the general fund to the Alaska 05 debt retirement fund (AS 37.15.011). 06 (b) The sum of $9,628,221 is appropriated from the Alaska debt retirement fund 07 (AS 37.15.011) to the state bond committee for lease payments to the Alaska Housing Finance 08 Corporation, City of Seward, City of Kenai, the Department of Natural Resources, and the 09 Alaska court system. 10 * Sec. 11. (a) The sum of $19,451,996 is appropriated from the general fund to the Alaska 11 debt retirement fund (AS 37.15.011). 12 (b) The sum of $19,451,996 is appropriated from the Alaska debt retirement fund 13 (AS 37.15.011) to the state bond committee for payment of debt service and trustee fees on 14 state general obligation bonds. 15 (c) The sum of $1,885,287 is appropriated from the Alaska debt retirement fund 16 (AS 37.15.011) to the state bond committee for payment of debt service and trustee fees on 17 state general obligation bonds. 18 * Sec. 12. The amount authorized for transfer by the Alaska Permanent Fund Corporation 19 under AS 37.13.145(b) is appropriated from the earnings reserve account (AS 37.13.145) to 20 the dividend fund (AS 43.23.045(a)) for the payment of permanent fund dividends and 21 administrative and associated costs. 22 * Sec. 13. (a) Subject to (e) of this section, the sum of $2,703,700 is appropriated from 23 the dividend fund (AS 43.23.045) to the Department of Corrections for fiscal year 1996 for 24 operation of statewide institutions. 25 (b) Subject to (e) of this section, if the amount in the dividend fund (AS 43.23.045) 26 that would have been paid to individuals who are ineligible to receive dividends under 27 AS 43.23.005(d) if they had been eligible exceeds the amount appropriated from the dividend 28 fund under (a) of this section, the difference between those two amounts is appropriated to the 29 Department of Corrections for statewide operations for fiscal year 1996. 30 (c) Subject to (e) of this section, if the amount in the dividend fund (AS 43.23.045) 31 that would have been paid to individuals who are ineligible to receive dividends under 01 AS 43.23.005(d) if they had been eligible is less than the amount appropriated from the 02 dividend fund under (a) of this section, the amount appropriated under (a) of this section is 03 reduced by the amount of the difference. 04 (d) Subject to (e) of this section, the general fund appropriation to the Department of 05 Corrections for statewide operations made in sec. 47 of this Act for fiscal year 1996 is 06 reduced by an amount equal to that appropriated under (b) of this section. 07 (e) The appropriations made by this section are contingent upon the passage in 1995 08 by the Nineteenth Alaska State Legislature and enactment into law of a bill amending 09 AS 43.23.028(b) to provide that disclosure of certain appropriations from the dividend fund 10 is not required if the amount appropriated for those appropriations during a fiscal year does 11 not exceed the amount that would have been paid in that same fiscal year to persons who are 12 ineligible to receive dividends under AS 43.23.005(d) if they had been eligible. 13 * Sec. 14. The amount calculated under AS 37.13.145 to offset the effect of inflation on 14 the principal of the Alaska permanent fund is appropriated to the principal of the Alaska 15 permanent fund from the balance in the earnings reserve account (AS 37.13.145) of the Alaska 16 permanent fund that remains after money is transferred to the dividend fund under sec. 12 of 17 this Act. 18 * Sec. 15. The interest earned during fiscal year 1996 on revenue from the sources set out 19 in AS 37.13.010 while the revenue is held in trust, escrow, or otherwise before receipt of the 20 revenue by the state is appropriated to the principal of the Alaska permanent fund. 21 * Sec. 16. The amount required to be deposited under AS 37.13.010(a)(1) and (2) during 22 fiscal year 1996 is appropriated to the principal of the Alaska permanent fund in satisfaction 23 of that requirement. 24 * Sec. 17. The lapsing balance of the employment assistance and training program fund 25 (sec. 3, ch. 95, SLA 1989, as amended by sec. 33, ch. 2, FSSSLA 1992) on June 30, 1995, 26 is appropriated to the unemployment compensation fund (AS 23.20.130) on July 1, 1995. 27 * Sec. 18. (a) Except as provided in (b) and (c) of this section, all unrestricted mortgage 28 loan interest payments and all other unrestricted receipts, including, without limitation, 29 mortgage loan commitment fees, received by or accrued to the Alaska Housing Finance 30 Corporation during the fiscal year 1996, and all income earned on assets of the corporation 31 during that period, are appropriated to the Alaska housing finance revolving fund 01 (AS 18.56.082) for the purposes described in AS 18.56. 02 (b) All unrestricted mortgage loan interest payments and all other unrestricted receipts, 03 including, without limitation, mortgage loan commitment fees, received by or accrued to the 04 housing assistance loan fund (AS 18.56.420) in the Alaska Housing Finance Corporation 05 during the fiscal year 1996, and all income earned on assets of that fund during that period, 06 are appropriated to the housing assistance loan fund in the Alaska Housing Finance 07 Corporation for the purposes of that fund. 08 (c) All unrestricted mortgage loan interest payments and all other unrestricted receipts, 09 including, without limitation, mortgage loan commitment fees, received by or accrued to the 10 senior housing revolving fund (AS 18.56.710) in the Alaska Housing Finance Corporation 11 during the fiscal year 1996, and all income earned on assets of that fund during that period, 12 are appropriated to the senior housing revolving fund in the Alaska Housing Finance 13 Corporation for the purposes of that fund. 14 (d) The sum of $70,000,000 from the available unrestricted cash in the general 15 account of the revolving fund, Alaska Housing Finance Corporation, is anticipated to be 16 transferred by the direction of the Alaska Housing Finance Corporation board to the general 17 fund. The funds shall be deposited to the general fund when received during fiscal year 1996. 18 (e) The sum of $110,000,000 from the available unrestricted cash in the general 19 account of the revolving fund, Alaska Housing Finance Corporation, is anticipated to be 20 transferred by the direction of the Alaska Housing Finance Corporation board to the general 21 fund. The funds shall be deposited to the general fund when received during fiscal year 1996. 22 (f) Subsection (d) of this section takes effect only if the appropriation in this Act that 23 appropriates the amount necessary to balance revenue and general fund appropriations from 24 the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) to the general 25 fund (sec. 43(b) of this Act) is approved by the affirmative vote of at least three-fourths of 26 the members of each house of the legislature and the appropriation is enacted into law. 27 Subsection (e) of this section takes effect only if the appropriation made by (d) of this section 28 does not take effect. 29 (g) The appropriations made by (a) - (c) of this section are contingent upon 30 compliance with the program review provisions of AS 37.07.080(h). 31 * Sec. 19. (a) The sum of $9,000,000 is appropriated from federal receipts to the disaster 01 relief fund (AS 26.23.300). 02 (b) It is the intent of the legislature that funding necessary to meet the disaster relief 03 responsibilities of the Department of Military and Veterans' Affairs will continue to be made 04 available through the disaster declaration process outlined in the current funding agreement. 05 During the 1996 legislative session, the department shall submit a supplemental appropriation 06 request for fiscal year 1996 disaster relief costs. 07 * Sec. 20. The fiscal year 1996 general fund receipts of the tank registration fee program 08 under AS 46.03.385 are appropriated to the storage tank assistance fund (AS 46.03.410). 09 * Sec. 21. (a) The balance of the oil and hazardous substance release prevention mitigation 10 account (AS 46.08.020(b)) in the general fund on July 1, 1995, not otherwise appropriated by 11 (b) and (c) of this section, is appropriated to the oil and hazardous substance release 12 prevention account (AS 46.08.010(a)(1)) in the oil and hazardous substance release prevention 13 and response fund (AS 46.08.010). 14 (b) The sum of $2,791,300 is appropriated from the oil and hazardous substance 15 release prevention mitigation account (AS 46.08.020(b)) on July 1, 1995, to the storage tank 16 assistance fund (AS 46.03.410) for the fiscal year ending June 30, 1996. 17 (c) The sum of $1,600,000 is appropriated from the oil and hazardous substance 18 release prevention mitigation account (AS 46.08.020(b)) on July 1, 1995, to the Department 19 of Community and Regional Affairs for grants for the bulk fuel system repair and upgrade 20 program. 21 * Sec. 22. The balance in the oil and hazardous substance release response mitigation 22 account (AS 46.08.025(b)) in the general fund on July 1, 1995, is appropriated to the oil and 23 hazardous substance release response account (AS 46.08.010(a)(2)) in the oil and hazardous 24 substance release prevention and response fund (AS 46.08.010). 25 * Sec. 23. (a) The sum of $4,015,100, derived from the surcharge collected under 26 AS 43.55.201 during fiscal year 1995, is appropriated from the general fund to the oil and 27 hazardous substance release response account (AS 46.08.010(a)(2)) in the oil and hazardous 28 substance release prevention and response fund (AS 46.08.010). 29 (b) The appropriation made by (a) of this section is based on revenue estimates. If 30 the amount in the general fund that is derived from the surcharge collected under 31 AS 43.55.201 during fiscal year 1995 is greater than the appropriation made by (a) of this 01 section, that appropriation is increased to that greater amount. 02 * Sec. 24. (a) The sum of $9,875,700, derived from the surcharge collected under 03 AS 43.55.300 during fiscal year 1995, is appropriated from the general fund to the oil and 04 hazardous substance release prevention account (AS 46.08.010(a)(1)) in the oil and hazardous 05 substance release prevention and response fund (AS 46.08.010). 06 (b) The appropriation made by (a) of this section is based on revenue estimates. If 07 the amount in the general fund that is derived from the surcharge collected under 08 AS 43.55.300 during fiscal year 1995 is greater than the appropriation made by (a) of this 09 section, that appropriation is increased to that greater amount. 10 * Sec. 25. The sum of $21,586,500 is appropriated to the information services fund 11 (AS 44.21.045) for the Department of Administration, division of information services 12 programs from the following sources: 13 General fund program receipts $ 55,000 14 Inter-agency receipts 21,451,500 15 Inter-agency receipts/oil and hazardous 16 substance release prevention and response fund 80,000 17 * Sec. 26. (a) The sum of $20,000,000 is appropriated to the Department of Law from the 18 following sources, for costs relating to legal proceedings and audit activity involving oil and 19 gas revenue due or paid to the state or state title to oil and gas land, for the fiscal year ending 20 June 30, 1996: 21 State corporation receipts $ 3,160,000 22 Budget reserve fund (art. IX, sec. 17, 23 Constitution of the State of Alaska) 16,840,000 24 (b) The appropriation made by (a) of this section from the budget reserve fund 25 (art. IX, sec. 17, Constitution of the State of Alaska) is made under art. IX, sec. 17(c), 26 Constitution of the State of Alaska. 27 * Sec. 27. (a) The sum of $80,322,400 is appropriated from the general fund to the 28 Alaska debt retirement fund (AS 37.15.011). 29 (b) The sum of $80,322,400 is appropriated from the Alaska debt retirement fund 30 (AS 37.15.011) to the Department of Education for state aid for costs of school construction 31 under AS 14.11.100. 01 * Sec. 28. An amount equal to the amount appropriated for the costs of the 1995 annual 02 governor's safety conference (sec. 28, ch. 3, FSSLA 1994), plus the fiscal year 1995 program 03 receipts of the Safety Advisory Council (AS 18.60.830), less the amount expended or 04 obligated for expenditure for the costs of the 1995 annual governor's safety conference, is 05 appropriated from the general fund to the Safety Advisory Council for costs of the 1996 06 annual governor's safety conference. 07 * Sec. 29. The amount required to pay claims awarded under AS 08.88.470 is appropriated 08 from the real estate surety fund (AS 08.88.450) to the Department of Commerce and 09 Economic Development, division of occupational licensing, to pay claims awarded under 10 AS 08.88.470. 11 * Sec. 30. The balance on June 30, 1995, of the Alaska Public Utilities Commission 12 program receipts account for regulatory cost charges under AS 42.05.253 and AS 42.06.285 13 for fiscal year 1995 is appropriated to the Alaska Public Utilities Commission for fiscal year 14 1996 expenditures. 15 * Sec. 31. An amount equal to the fiscal year 1995 general fund receipts from the salmon 16 marketing tax under AS 43.76.110 and from the seafood marketing assessment under 17 AS 16.51.120, less the amount of those receipts that was expended or obligated for 18 expenditure during fiscal year 1995, is appropriated from the general fund to the Alaska 19 Seafood Marketing Institute for marketing Alaska seafood products during fiscal year 1996. 20 * Sec. 32. The sum of $28,263,200 is appropriated from the general fund to the Alaska 21 marine highway system fund (AS 19.65.060) to continue to provide stable services to the 22 public. 23 * Sec. 33. The amount available in the four dam pool transfer fund (AS 42.45.050) during 24 fiscal year 1996 is appropriated to the following funds in the following percentages for the 25 purposes set out in AS 42.45.050: 26 Power cost equalization and rural electric 27 capitalization fund (AS 42.45.100) 40 percent 28 Southeast energy fund (AS 42.45.040) 40 percent 29 Power project fund (AS 42.45.010) 20 percent 30 * Sec. 34. The sum of $9,097,800 is appropriated to the Alaska clean water fund 31 (AS 46.03.032) for the Alaska clean water loan program from the following sources: 01 General fund $1,516,300 02 Federal receipts 7,581,500 03 * Sec. 35. The amounts necessary to refund to local governments their share of taxes and 04 fees collected under the following programs are appropriated to the Department of Revenue 05 from the general fund for payment in fiscal year 1996: 06 (1) fisheries tax revenue for fiscal year 1995 (AS 43.75); 07 (2) fishery resource landing tax revenue for fiscal year 1995 (AS 43.77); 08 (3) amusement and gaming tax revenue for fiscal year 1996 (AS 43.35); 09 (4) aviation fuel tax revenue for fiscal year 1996 (AS 43.40.010); 10 (5) electric and telephone cooperative tax revenue for fiscal year 1996 11 (AS 10.25.570); and 12 (6) liquor license fee revenue for fiscal year 1996 (AS 04.11). 13 * Sec. 36. The amount equal to the salmon enhancement tax collected under AS 43.76.010 14 - 43.76.030 in calendar year 1994 and deposited in the general fund under AS 43.76.025(c) 15 is appropriated from the general fund to the Department of Commerce and Economic 16 Development for payment in fiscal year 1996 to provide financing for qualified regional 17 associations operating within a region designated under AS 16.10.375. 18 * Sec. 37. The sum of $250,000 is appropriated to the Department of Administration for 19 payment to the Public Safety Employees Association health trust to satisfy the monetary terms 20 of the collective bargaining agreement between the state and the Public Safety Employees 21 Association for the fiscal year ending June 30, 1996, from the following sources: 22 General fund $203,600 23 International airports revenue fund 46,400 24 * Sec. 38. (a) Failure of the legislature to adopt a separate appropriation item to fund the 25 monetary terms of the collective bargaining agreement covering supervisory unit employees 26 negotiated between the state and the Alaska Public Employees' Association constitutes 27 rejection of the monetary terms of that agreement in accordance with AS 23.40.215. Money 28 appropriated in this Act may not be used to implement the negotiated monetary terms of that 29 agreement. 30 (b) Failure of the legislature to adopt a separate appropriation item to fund the 31 monetary terms of the collective bargaining agreement covering unlicensed employees of the 01 Alaska marine highway system negotiated between the state and the Inlandboatmen's Union 02 constitutes rejection of the monetary terms of that agreement in accordance with 03 AS 23.40.215. Money appropriated in this Act may not be used to implement the negotiated 04 monetary terms of that agreement. 05 (c) Failure of the legislature to adopt a separate appropriation item to fund the 06 monetary terms of the collective bargaining agreement covering labor trades and crafts unit 07 employees negotiated between the state and Public Employees' Local 71 (AFL-CIO) 08 constitutes rejection of the monetary terms of that agreement in accordance with 09 AS 23.40.215. Money appropriated in this Act may not be used to implement the negotiated 10 monetary terms of that agreement. 11 * Sec. 39. An amount equal to the amount received from the City and Borough of Sitka 12 in the fiscal year ending June 30, 1996, from operation of the Sitka airport under the 13 agreement with the City and Borough of Sitka, not to exceed $500,000, is appropriated from 14 the general fund to the Department of Transportation and Public Facilities for maintenance 15 services at the Sitka airport. 16 * Sec. 40. (a) The unexpended and unobligated balance of the appropriation made by sec. 17 34(a), ch. 3, FSSLA 1994, is appropriated to the Department of Public Safety, Violent Crimes 18 Compensation Board, for grants and payment of claims for the fiscal year ending June 30, 19 1996. 20 (b) The unexpended and unobligated balance of the appropriation made by sec. 34(b), 21 ch. 3, FSSLA 1994, is appropriated to the Department of Public Safety, Council on Domestic 22 Violence and Sexual Assault, for grants and payment of claims for the fiscal year ending 23 June 30, 1996. 24 (c) Twenty-five percent of the money collected during fiscal year 1996 from day fines 25 imposed under AS 12.55, less an amount equal to the amount expended or obligated under 26 sec. 34(a), ch. 3, FSSLA 1994, or under (a) of this section, is appropriated to the Department 27 of Public Safety, Violent Crimes Compensation Board, for grants and payment of claims. 28 (d) Twenty-five percent of the money collected during fiscal year 1996 from day fines 29 imposed under AS 12.55, less an amount equal to the amount expended or obligated under 30 sec. 34(b), ch. 3, FSSLA 1994, or under (b) of this section, is appropriated to the Department 31 of Public Safety, Council on Domestic Violence and Sexual Assault, for grants and payment 01 of claims. 02 * Sec. 41. The sum of $437,000 is appropriated from the general fund to the Department 03 of Corrections for the fiscal year ending June 30, 1996, to fully fund the renegotiated contracts 04 of the Community Jails component, contingent upon the department securing a written 05 contractual guarantee from each contracted operator of a community jail that the rates 06 negotiated under the auspices of the Community Jails Task Force may not be increased and 07 shall remain in effect through at least July 1, 1998, and that the scope of services specified 08 in each contract may not be unilaterally diminished during this same time period. 09 * Sec. 42. The sum of $17,000,000 from the available unrestricted cash in the Alaska 10 Industrial Development and Export Authority revolving fund (AS 44.88.060) is anticipated to 11 be transferred by the direction of the Alaska Industrial Development and Export Authority 12 board to the general fund. The funds shall be deposited to the general fund when received 13 during fiscal year 1996. 14 * Sec. 43. (a) Amounts equal to the amounts deposited in the budget reserve fund (art. IX, 15 sec. 17, Constitution of the State of Alaska) for the fiscal year ending June 30, 1995, by 16 operation of art. IX, sec. 17(d) to repay appropriations made from the budget reserve fund are 17 appropriated from the budget reserve fund to the funds and accounts from which they were 18 transferred. The appropriations made by this subsection are made under art. IX, sec. 17(c), 19 Constitution of the State of Alaska. 20 (b) If the unrestricted state revenue available for appropriation in fiscal year 1996 is 21 insufficient, after the appropriation to the general fund made in sec. 44 of this Act, to cover 22 the general fund appropriations made for fiscal year 1996, the amount necessary to balance 23 revenue and general fund appropriations is appropriated to the general fund from the budget 24 reserve fund (art. IX, sec. 17, Constitution of the State of Alaska). If the appropriation made 25 by this subsection is approved by the affirmative vote of at least three-fourths of the members 26 of each house of the legislature, the appropriation is made under art. IX, sec. 17(c), 27 Constitution of the State of Alaska. If the appropriation made by this subsection is not 28 approved by at least three-fourths vote of each house of the legislature, then the appropriation 29 is made under art. IX, sec. 17(b), Constitution of the State of Alaska and the amount 30 appropriated under this subsection is limited to the amount permitted under art. IX, sec. 17(b). 31 * Sec. 44. If the unrestricted state revenue available for appropriation in the fiscal year that 01 ends June 30, 1996, is insufficient to cover the general fund appropriations made for that fiscal 02 year, the amount necessary to balance revenue and general fund appropriations is appropriated 03 to the general fund from the budget reserve fund (AS 37.05.540). 04 * Sec. 45. In its review of agency operations plans prepared under AS 37.07.080, it is the 05 intent of the legislature that the office of management and budget control state expenditures 06 in order to prevent any cash or budget shortfalls over fiscal year 1996. These controls are 07 intended to limit the use of the budget reserve fund (art. IX, sec. 17, Constitution of the State 08 of Alaska) to the greatest extent possible, and to reduce supplemental budget requests in the 09 Second Session of the Nineteenth Alaska State Legislature. 10 * Sec. 46. The appropriations made by secs. 18 - 25, 32, 33, and 34 of this Act are for 11 capitalization of funds and do not lapse under AS 37.25.010. 12 (SECTION 47 OF THIS ACT BEGINS ON PAGE 15)