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CSHB 100(FIN): "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 100(FIN)                                                                                          
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.  Federal or other program receipts as defined under AS 37.05.146 that exceed the                           
11 amounts appropriated in this Act are appropriated conditioned upon compliance with the                                  
12 program review provisions of AS 37.07.080(h).                                                                           
13    * Sec. 3.  If federal or other program receipts as defined under AS 37.05.146 exceed the                             
14 estimates appropriated by this Act, the appropriation from state funds for the affected program                         
01 may be reduced by the amount of the excess if the reductions are consistent with applicable                             
02 federal statutes.                                                                                                       
03    * Sec. 4.  Except as provided in sec. 5 of this Act, if federal or other program receipts as                         
04 defined under AS 37.05.146 fall short of the estimates appropriated by this Act, the affected                           
05 appropriation is reduced by the amount of the shortfall in receipts.                                                    
06    * Sec. 5.  If the federal receipts under 42 U.S.C. 1397 - 1397f (Title XX of the Social                              
07 Security Act) fall short of the estimate, the amount of the shortfall, not to exceed $6,310,800,                        
08 is appropriated from the general fund.                                                                                  
09    * Sec. 6.  (a)  Amounts necessary to fund the uses of the state insurance catastrophe reserve                        
10 account described in AS 37.05.289(a) are appropriated from that account to the Department                               
11 of Administration.                                                                                                      
12  (b)  Amounts equivalent to the amounts to be received in settlement of insurance                                       
13 claims for losses and the amounts to be received as recovery for losses are appropriated from                           
14 the general fund to the state insurance catastrophe reserve account established by                                      
15 AS 37.05.289.                                                                                                           
16  (c)  Amounts equivalent to the amounts to be received in settlement of claims against                                  
17 bonds guaranteeing the reclamation of state land are appropriated from the general fund to the                          
18 agency secured by the bond.  This appropriation is made for the purpose of reclaiming state                             
19 land affected by a use covered by the bond.                                                                             
20  (d)  The appropriations made in (b) and (c) of this section are contingent upon                                        
21 compliance with the program review provisions of AS 37.07.080(h).                                                       
22    * Sec. 7.  The amount required to pay interest on revenue anticipation notes issued by the                           
23 commissioner of revenue under AS 43.08 is appropriated from the general fund to the                                     
24 Department of Revenue for payment of interest on revenue anticipation notes issued by the                               
25 commissioner of revenue under AS 43.08.                                                                                 
26    * Sec. 8.  The amount required to be paid by the state for the principal of and interest on                          
27 all issued and outstanding state-guaranteed bonds is appropriated from the general fund to the                          
28 state bond committee to make all payments by the state required under its guarantee for                                 
29 principal and interest.                                                                                                 
30    * Sec. 9.  The sum of $5,793,767 is appropriated from the international airports revenue                             
31 fund (AS 37.15.430) to the state bond committee for payment of debt service and trustee fees                            
01 on outstanding international airports revenue bonds.                                                                    
02    * Sec. 10.  (a)  The sum of $9,628,221 is appropriated from the general fund to the Alaska                           
03 debt retirement fund (AS 37.15.011).                                                                                    
04  (b)  The sum of $9,628,221 is appropriated from the Alaska debt retirement fund                                        
05 (AS 37.15.011) to the state bond committee for lease payments to the Alaska Housing Finance                             
06 Corporation, City of Seward, City of Kenai, the Department of Natural Resources, and the                                
07 Alaska court system.                                                                                                    
08    * Sec. 11. (a)  The sum of $19,451,996 is appropriated from the general fund to the Alaska                           
09 debt retirement fund (AS 37.15.011).                                                                                    
10  (b)  The sum of $19,451,996 is appropriated from the Alaska debt retirement fund                                       
11 (AS 37.15.011) to the state bond committee for payment of debt service and trustee fees on                              
12 state general obligation bonds.                                                                                         
13  (c)  The sum of $1,885,287 is appropriated from the Alaska debt retirement fund                                        
14 (AS 37.15.011) to the state bond committee for payment of debt service and trustee fees on                              
15 state general obligation bonds.                                                                                         
16    * Sec. 12.  The amount authorized for transfer by the Alaska Permanent Fund Corporation                              
17 under AS 37.13.145(b) is appropriated from the earnings reserve account (AS 37.13.145) to                               
18 the dividend fund (AS 43.23.045(a)) for the payment of permanent fund dividends and                                     
19 administrative and associated costs.                                                                                    
20    * Sec. 13.  The amount calculated under AS 37.13.145 to offset the effect of inflation on                            
21 the principal of the Alaska permanent fund is appropriated to the principal of the Alaska                               
22 permanent fund from the balance in the earnings reserve account (AS 37.13.145) of the Alaska                            
23 permanent fund that remains after money is transferred to the dividend fund under sec. 12 of                            
24 this Act.                                                                                                               
25    * Sec. 14.  The interest earned during fiscal year 1996 on revenue from the sources set out                          
26 in AS 37.13.010 while the revenue is held in trust, escrow, or otherwise before receipt of the                          
27 revenue by the state is appropriated to the principal of the Alaska permanent fund.                                     
28    * Sec. 15.  The amount required to be deposited under AS 37.13.010(a)(1) and (2) during                              
29 fiscal year 1996 is appropriated to the principal of the Alaska permanent fund in satisfaction                          
30 of that requirement.                                                                                                    
31    * Sec. 16.  The lapsing balance of the employment assistance and training program fund                               
01 (sec. 3, ch. 95, SLA 1989, as amended by sec. 33, ch. 2, FSSSLA 1992) on June 30, 1995,                                 
02 is appropriated to the unemployment compensation fund (AS 23.20.130) on July 1, 1995.                                   
03    * Sec. 17.  (a)  Except as provided in (b) and (c) of this section, all unrestricted mortgage                        
04 loan interest payments and all other unrestricted receipts, including, without limitation,                              
05 mortgage loan commitment fees, received by or accrued to the Alaska Housing Finance                                     
06 Corporation during the fiscal year 1996, and all income earned on assets of the corporation                             
07 during that period, are appropriated to the Alaska housing finance revolving fund                                       
08 (AS 18.56.082) for the purposes described in AS 18.56.                                                                  
09  (b)  All unrestricted mortgage loan interest payments and all other unrestricted receipts,                             
10 including, without limitation, mortgage loan commitment fees, received by or accrued to the                             
11 housing assistance loan fund (AS 18.56.420) in the Alaska Housing Finance Corporation                                   
12 during the fiscal year 1996, and all income earned on assets of that fund during that period,                           
13 are appropriated to the housing assistance loan fund in the Alaska Housing Finance                                      
14 Corporation for the purposes of that fund.                                                                              
15  (c)  All unrestricted mortgage loan interest payments and all other unrestricted receipts,                             
16 including, without limitation, mortgage loan commitment fees, received by or accrued to the                             
17 senior housing revolving fund (AS 18.56.710) in the Alaska Housing Finance Corporation                                  
18 during the fiscal year 1996, and all income earned on assets of that fund during that period,                           
19 are appropriated to the senior housing revolving fund in the Alaska Housing Finance                                     
20 Corporation for the purposes of that fund.                                                                              
21  (d)  The sum of $70,000,000 from the available unrestricted cash in the general                                        
22 account of the revolving fund, Alaska Housing Finance Corporation, is anticipated to be                                 
23 transferred by the direction of the Alaska Housing Finance Corporation board to the general                             
24 fund.  The funds shall be deposited to the general fund when received during fiscal year 1996.                          
25  (e)  The appropriations made by (a) - (c) of this section are contingent upon                                          
26 compliance with the program review provisions of AS 37.07.080(h).                                                       
27    * Sec. 18.  The sum of $10,350,000 is appropriated to the disaster relief fund                                       
28 (AS 26.23.300)  from the following sources:                                                                             
29 Federal receipts $9,000,000                                                                                             
30 General fund 1,350,000                                                                                                  
31    * Sec. 19.  The fiscal year 1996 general fund receipts of the tank registration fee program                          
01 under AS 46.03.385 are appropriated to the storage tank assistance fund (AS 46.03.410).                                 
02    * Sec. 20.  (a)  The balance of the oil and hazardous substance release prevention mitigation                        
03 account (AS 46.08.020(b)) in the general fund on July 1, 1995, not otherwise appropriated by                            
04 (b) and (c) of this section, is appropriated to the oil and hazardous substance release                                 
05 prevention account (AS 46.08.010(a)(1)) in the oil and hazardous substance release prevention                           
06 and response fund (AS 46.08.010).                                                                                       
07  (b)  The sum of $2,591,300 is appropriated from the oil and hazardous substance                                        
08 release prevention mitigation account (AS 46.08.020(b)) on July 1, 1995, to the storage tank                            
09 assistance fund (AS 46.03.410) for the fiscal year ending June 30, 1996.                                                
10  (c)  The sum of $1,000,000 is appropriated from the oil and hazardous substance                                        
11 release prevention mitigation account (AS 46.08.020(b)) to the general fund.                                            
12    * Sec. 21.  The balance in the oil and hazardous substance release response mitigation                               
13 account (AS 46.08.025(b)) in the general fund on July 1, 1995, is appropriated to the oil and                           
14 hazardous substance release response account (AS 46.08.010(a)(2)) in the oil and hazardous                              
15 substance release prevention and response fund (AS 46.08.010).                                                          
16    * Sec. 22.  (a)  The sum of $4,015,100, derived from the surcharge collected under                                   
17 AS 43.55.201 during fiscal year 1995, is appropriated from the general fund to the oil and                              
18 hazardous substance release response account (AS 46.08.010(a)(2)) in the oil and hazardous                              
19 substance release prevention and response fund (AS 46.08.010).                                                          
20  (b)  The appropriation made by (a) of this section is based on revenue estimates.  If                                  
21 the amount in the general fund that is derived from the surcharge collected under                                       
22 AS 43.55.201 during fiscal year 1995 is greater than the appropriation made by (a) of this                              
23 section, that appropriation is increased to that greater amount.                                                        
24    * Sec. 23.  (a)  The sum of $9,875,700, derived from the surcharge collected under                                   
25 AS 43.55.300 during fiscal year 1995, is appropriated from the general fund to the oil and                              
26 hazardous substance release prevention account (AS 46.08.010(a)(1)) in the oil and hazardous                            
27 substance release prevention and response fund (AS 46.08.010).                                                          
28  (b)  The appropriation made by (a) of this section is based on revenue estimates.  If                                  
29 the amount in the general fund that is derived from the surcharge collected under                                       
30 AS 43.55.300 during fiscal year 1995 is greater than the appropriation made by (a) of this                              
31 section, that appropriation is increased to that greater amount.                                                        
01    * Sec. 24.  The sum of $21,586,500 is appropriated to the information services fund                                  
02 (AS 44.21.045) for the Department of Administration, division of information services                                   
03 programs from the following sources:                                                                                    
04 General fund program receipts             $      55,000                                                                 
05 Inter-agency receipts 21,451,500                                                                                        
06 Inter-agency receipts/oil and hazardous                                                                                 
07      substance release prevention and response fund 80,000                                                              
08    * Sec. 25.  (a)  The sum of $24,000,000 is appropriated to the Department of Law from the                            
09 following sources, for costs relating to legal proceedings and audit activity involving oil and                         
10 gas revenue due or paid to the state or state title to oil and gas land, for the fiscal year ending                     
11 June 30, 1996:                                                                                                          
12      State corporation receipts $   6,000,000                                                                           
13      Budget reserve fund (art. IX, sec. 17,                                                                             
14      Constitution of the State of Alaska) 18,000,000                                                                    
15  (b)  The appropriation made by (a) of this section from the budget reserve fund                                        
16 (art. IX, sec. 17, Constitution of the State of Alaska) is made under art. IX, sec. 17(c),                              
17 Constitution of the State of Alaska.                                                                                    
18    * Sec. 26.  (a)  The sum of $80,322,400 is appropriated from the general fund to the                                 
19 Alaska debt retirement fund (AS 37.15.011).                                                                             
20  (b)  The sum of $80,322,400 is appropriated from the Alaska debt retirement fund                                       
21 (AS 37.15.011) to the Department of Education for state aid for costs of school construction                            
22 under AS 14.11.100.                                                                                                     
23    * Sec. 27.  An amount equal to the amount appropriated for the costs of the 1995 annual                              
24 governor's safety conference (sec. 28, ch. 3, FSSLA 1994), plus the fiscal year 1995 program                            
25 receipts of the Safety Advisory Council (AS 18.60.830), less the amount expended or                                     
26 obligated for expenditure for the costs of the 1995 annual governor's safety conference, is                             
27 appropriated from the general fund to the Safety Advisory Council for costs of the 1996                                 
28 annual governor's safety conference.                                                                                    
29    * Sec. 28.  The amount required to pay claims awarded under AS 08.88.470 is appropriated                             
30 from the real estate surety fund (AS 08.88.450) to the Department of Commerce and                                       
31 Economic Development, division of occupational licensing, to pay claims awarded under                                   
01 AS 08.88.470.                                                                                                           
02    * Sec. 29.  The balance on June 30, 1995, of the Alaska Public Utilities Commission                                  
03 program receipts account for regulatory cost charges under AS 42.05.253 and AS 42.06.285                                
04 for fiscal year 1995 is appropriated to the Alaska Public Utilities Commission for fiscal year                          
05 1996 expenditures.                                                                                                      
06    * Sec. 30.  An amount equal to the fiscal year 1995 general fund receipts from the salmon                            
07 marketing tax under AS 43.76.110 and from the seafood marketing assessment under                                        
08 AS 16.51.120, less the amount of those receipts that was expended or obligated for                                      
09 expenditure during fiscal year 1995, is appropriated from the general fund to the Alaska                                
10 Seafood Marketing Institute for marketing Alaska seafood products during fiscal year 1996.                              
11    * Sec. 31.  The sum of $28,263,200 is appropriated from the general fund to the Alaska                               
12 marine highway system fund (AS 19.65.060) to continue to provide stable services to the                                 
13 public.                                                                                                                 
14    * Sec. 32.  The amount available in the four dam pool transfer fund (AS 42.45.050) during                            
15 fiscal year 1996 is appropriated to the following funds in the following percentages for the                            
16 purposes set out in AS 42.45.050:                                                                                       
17 Power cost equalization and rural electric                                                                              
18      capitalization fund (AS 42.45.100) 40 percent                                                                      
19 Southeast energy fund (AS 42.45.040) 40 percent                                                                         
20 Power project fund (AS 42.45.010) 20 percent                                                                            
21    * Sec. 33.  The sum of  $9,097,800 is appropriated from the general fund to the Alaska                               
22 clean water fund (AS 46.03.032) for the Alaska clean water loan program from the following                              
23 sources:                                                                                                                
24  General fund       $1,516,300                                                                                          
25  Federal receipts        7,581,500                                                                                      
26    * Sec. 34.  The amounts necessary to refund to local governments their share of taxes and                            
27 fees collected under the following programs are appropriated to the Department of Revenue                               
28 from the general fund for payment in fiscal year 1996:                                                                  
29   (1)  fisheries tax revenue for fiscal year 1995 (AS 43.75);                                                           
30   (2)  fishery resource landing tax revenue for fiscal year 1995 (AS 43.77);                                            
31   (3)  amusement and gaming tax revenue for fiscal year 1996 (AS 43.35);                                                
01   (4)  aviation fuel tax revenue for fiscal year 1996 (AS 43.40.010);                                                   
02   (5)  electric and telephone cooperative tax revenue for fiscal year 1996                                              
03 (AS 10.25.570); and                                                                                                     
04   (6)  liquor license fee revenue for fiscal year 1996 (AS 04.11).                                                      
05    * Sec. 35.  The amount equal to the salmon enhancement tax collected under AS 43.76.010                              
06 - 43.76.030 in calendar year 1994 and deposited in the general fund under AS 43.76.025(c)                               
07 is appropriated from the general fund to the Department of Commerce and Economic                                        
08 Development for payment in fiscal year 1996 to provide financing for qualified regional                                 
09 associations operating within a region designated under AS 16.10.375.                                                   
10    * Sec. 36.  The sum of $50,000 is appropriated from the agricultural revolving loan fund                             
11 (AS 03.10.040) to the general fund.                                                                                     
12    * Sec. 37.  The sum of $250,000 is appropriated to the Department of  Administration for                             
13 payment to the Public Safety Employees Association health trust to satisfy the monetary terms                           
14 of the collective bargaining agreement between the state and the Public Safety Employees                                
15 Association for the fiscal year ending June 30, 1996, from the following sources:                                       
16 General fund $203,600                                                                                                   
17 International airports revenue fund 46,400                                                                              
18    * Sec. 38.  (a)  Failure of the legislature to adopt a separate appropriation item to fund the                       
19 monetary terms of the collective bargaining agreement covering supervisory unit employees                               
20 negotiated between the state and the Alaska Public Employees' Association constitutes                                   
21 rejection of the monetary terms of that agreement in accordance with AS 23.40.215.  Money                               
22 appropriated for personal services in this Act may not be used to implement the negotiated                              
23 monetary terms of that agreement.                                                                                       
24    (b)  Failure of the legislature to adopt a separate appropriation item to fund the                                   
25 monetary terms of the collective bargaining agreement covering unlicensed employees of the                              
26 Alaska marine highway system negotiated between the state and the Inlandboatmen's Union                                 
27 constitutes rejection of the monetary terms of that agreement in accordance with                                        
28 AS 23.40.215.  Money appropriated for personal services in this Act may not be used to                                  
29 implement the negotiated monetary terms of that agreement.                                                              
30  (c)  Failure of the legislature to adopt a separate appropriation item to fund the                                     
31 monetary terms of the collective bargaining agreement covering labor trades and crafts unit                             
01 employees negotiated between the state and Public Employees' Local 71 (AFL-CIO)                                         
02 constitutes rejection of the monetary terms of that agreement in accordance with                                        
03 AS 23.40.215.  Money appropriated for personal services in this Act may not be used to                                  
04 implement the negotiated monetary terms of that agreement.                                                              
05    * Sec. 39.  Amounts equal to the amounts deposited in the budget reserve fund (art. IX,                              
06 sec. 17, Constitution of the State of Alaska) for the fiscal year ending June 30, 1995, by                              
07 operation of art. IX, sec. 17(d) to repay appropriations made from the budget reserve fund are                          
08 appropriated from the budget reserve fund to the funds and accounts from which they were                                
09 transferred.  The appropriations made by this section are made under art. IX, sec. 17(c),                               
10 Constitution of the State of Alaska.                                                                                    
11    * Sec. 40.  If the unrestricted state revenue available for appropriation in the fiscal year that                    
12 ends June 30, 1996, is insufficient to cover the general fund appropriations made for that fiscal                       
13 year, the amount necessary to balance revenue and general fund appropriations is appropriated                           
14 to the general fund from the budget reserve fund (AS 37.05.540).                                                        
15    * Sec. 41.  In its review of agency operations plans prepared under AS 37.07.080, it is the                          
16 intent of the legislature that the office of management and budget control state expenditures                           
17 in order to prevent any cash or budget shortfalls over fiscal year 1996.  These controls are                            
18 intended to limit the use of the budget reserve fund (art. IX, sec. 17, Constitution of the State                       
19 of Alaska) to the greatest extent possible, and to reduce supplemental budget requests in the                           
20 Second Session of the Nineteenth Alaska State Legislature.                                                              
21    * Sec. 42.  The appropriations made by secs. 17 - 24, 31, 32, and 33 of this Act are for                             
22 capitalization of funds and do not lapse under AS 37.25.010.                                                            
23 (SECTION 43 OF THIS ACT BEGINS ON PAGE 12)