CSHB 75(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."
00CS FOR HOUSE BILL NO. 75(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. ALASKA CLEAN WATER FUND. The sum of $8,815,400 is appropriated 07 to the Alaska clean water fund (AS 46.03.032) for the Alaska clean water loan program from 08 the following sources: 09 General fund $1,469,200 10 Federal receipts 7,346,200 11 * Sec. 2. ALASKA HOUSING FINANCE CORPORATION. (a) The sum of $77,600,000 12 from the available unrestricted cash in the general account of the Alaska housing finance 13 revolving fund (AS 18.56.082) is anticipated to be transferred to the general fund during the 14 fiscal year 1998 by the direction of the board of directors of the Alaska Housing Finance
01 Corporation. 02 (b) All unrestricted mortgage loan interest payments, mortgage loan commitment fees, 03 and all other unrestricted receipts received by or accrued to the Alaska Housing Finance 04 Corporation during fiscal year 1998 and all income earned on assets of the corporation during 05 that period are appropriated to the Alaska Housing Finance Corporation to hold as corporate 06 receipts for the purposes described in AS 18.56. The corporation shall allocate its corporate 07 receipts among the Alaska housing finance revolving fund (AS 18.56.082), housing assistance 08 loan fund (AS 18.56.420), and senior housing revolving fund (AS 18.56.710) in accordance 09 with procedures adopted by the board of directors. 10 (c) The following amounts are appropriated to the Alaska Housing Finance 11 Corporation (AHFC) from the sources indicated and for the following purposes: 12 PURPOSE AMOUNT SOURCE 13 Housing loan programs $350,000,000 AHFC corporate receipts 14 not subsidized by the Alaska 15 Housing Finance Corporation 16 Housing loan programs 50,000,000 AHFC corporate receipts 17 and projects subsidized derived from arbitrage 18 by the Alaska Housing earnings 19 Finance Corporation 20 * Sec. 3. ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY. The 21 sum of $16,000,000 from the available unrestricted cash in the Alaska Industrial Development 22 and Export Authority revolving fund (AS 44.88.060) is anticipated to be transferred to the 23 general fund as directed by the Alaska Industrial Development and Export Authority. The 24 transferred money shall be deposited in the general fund when received during fiscal year 25 1998. 26 * Sec. 4. ALASKA PERMANENT FUND CORPORATION. (a) The amount authorized 27 for transfer by the Alaska Permanent Fund Corporation under AS 37.13.145(b) is appropriated 28 from the earnings reserve account (AS 37.13.145) to the dividend fund (AS 43.23.045(a)) for 29 the payment of permanent fund dividends and administrative and associated costs. 30 (b) After money is transferred to the dividend fund under (a) of this section, the 31 amount calculated under AS 37.13.145 to offset the effect of inflation on the principal of the
01 Alaska permanent fund is appropriated from the earnings reserve account (AS 37.13.145) to 02 the principal of the Alaska permanent fund. 03 (c) The amount required to be deposited under AS 37.13.010(a)(1) and (2) during 04 fiscal year 1998 is appropriated to the principal of the Alaska permanent fund in satisfaction 05 of that requirement. 06 (d) The interest earned during fiscal year 1998 on revenue from the sources set out 07 in AS 37.13.010 while the revenue is held in trust, escrow, or otherwise before receipt by the 08 state is appropriated to the principal of the Alaska permanent fund. 09 * Sec. 5. ALASKA PUBLIC UTILITIES COMMISSION. The unexpended and 10 unobligated balance on June 30, 1997, of the Alaska Public Utilities Commission designated 11 program receipts account for regulatory cost charges under AS 42.05.254 and AS 42.06.286 12 for fiscal year 1997 is appropriated to the Alaska Public Utilities Commission for fiscal year 13 1998 expenditures. 14 * Sec. 6. ALASKA SEAFOOD MARKETING INSTITUTE. An amount equal to the 15 unexpended and unobligated balance on June 30, 1997 of the fiscal year 1997 general fund 16 receipts from the salmon marketing tax (AS 43.76.110), from the seafood marketing 17 assessment (AS 16.51.120), and from the fisheries resource landing tax (AS 43.77.010) is 18 appropriated from the general fund to the Alaska Seafood Marketing Institute for marketing 19 Alaska seafood products during fiscal year 1998. 20 * Sec. 7. CONSTITUTIONAL BUDGET RESERVE FUND. (a) Amounts equal to the 21 deposits in the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) for 22 fiscal year 1997 that were made by operation of art. IX, sec. 17(d) to repay appropriations 23 from the budget reserve fund are appropriated from the budget reserve fund to the funds and 24 accounts from which they were transferred. 25 (b) If the unrestricted state revenue available for appropriation in fiscal year 1998 is 26 insufficient to cover the general fund appropriations made for fiscal year 1998, the amount 27 necessary to balance revenue and general fund appropriations is appropriated to the general 28 fund from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska). 29 (c) The appropriations in (a) and (b) of this section are made under art. IX, sec. 17(c), 30 Constitution of the State of Alaska. 31 * Sec. 8. DISASTER RELIEF AND FIRE SUPPRESSION. (a) Federal receipts received
01 for disaster relief are appropriated to the disaster 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 and the fire suppression 04 responsibilities of the Department of Natural Resources will continue to be made available 05 through the disaster declaration process. If fiscal year 1998 disaster relief and fire suppression 06 costs are not adequately funded by this Act, the Department of Military and Veterans' Affairs 07 or the Department of Natural Resources, respectively, shall submit a supplemental 08 appropriation request during the 1998 legislative session. 09 * Sec. 9. FEDERAL AND OTHER PROGRAM RECEIPTS. (a) Federal or other program 10 receipts as defined in AS 37.05.146 that exceed the amounts appropriated by this Act are 11 appropriated conditioned upon compliance with the program review provisions of 12 AS 37.07.080(h). 13 (b) If federal or other program receipts as defined in AS 37.05.146 exceed the 14 estimates appropriated by this Act, the appropriations from state funds for the affected 15 program may be reduced by the excess if the reductions are consistent with applicable federal 16 statutes. 17 (c) If federal or other program receipts as defined in AS 37.05.146 fall short of the 18 estimates appropriated by this Act, the affected appropriation is reduced by the amount of the 19 shortfall in receipts. 20 * Sec. 10. FISH AND GAME ENFORCEMENT. (a) To increase enforcement of the fish 21 and game laws of the state, the amount deposited in the general fund during the fiscal year 22 ending June 30, 1997, from criminal fines, penalties, and forfeitures imposed for violation of 23 AS 16 and its implementing regulations and from the sale of forfeited property or alternative 24 damages collected under AS 16.05.195 is appropriated to the fish and game fund 25 (AS 16.05.100). 26 (b) Appropriations totaling the estimated amount of the deposits described in (a) of 27 this section are made in sec. 37 of this Act to the Departments of Public Safety and Law for 28 increased enforcement, investigation, and prosecution of state fish and game laws. If the 29 receipts appropriated to the fish and game fund (AS 16.05.100) from the sources described in 30 (a) of this section during fiscal year 1998 fall short of the estimates appropriated by this Act, 31 each department's appropriation set out in sec. 37 of this Act is reduced proportionately.
01 * Sec. 11. FOUR DAM POOL TRANSFER FUND. The amount available in the four dam 02 pool transfer fund (AS 42.45.050) during fiscal year 1998 is appropriated to the following 03 funds in the following percentages for the purposes set out in AS 42.45.050: 04 Power cost equalization and rural electric 40 percent 05 capitalization fund (AS 42.45.100) 06 Southeast energy fund (AS 42.45.040) 40 percent 07 Power project fund (AS 42.45.010) 20 percent 08 * Sec. 12. INFORMATION SERVICES FUND. The sum of $55,000 is appropriated to 09 the information services fund (AS 44.21.045) for the Department of Administration, division 10 of information services programs, from designated program receipts. 11 * Sec. 13. INSURANCE AND BOND CLAIMS. (a) The amount necessary to fund the 12 uses of the state insurance catastrophe reserve account described in AS 37.05.289(a) is 13 appropriated from that account to the Department of Administration for those uses. 14 (b) Amounts received in settlement of insurance claims for losses and recovery for 15 losses are appropriated from the general fund to the state insurance catastrophe reserve account 16 (AS 37.05.289). 17 (c) Amounts received in settlement of claims against bonds guaranteeing the 18 reclamation of state land are appropriated from the general fund to the agency secured by the 19 bond for the purpose covered by the bond. 20 (d) The appropriations made by (b) and (c) of this section are contingent upon 21 compliance with the program review provisions of AS 37.07.080(h). 22 * Sec. 14. MARINE HIGHWAY SYSTEM FUND. The sum of $28,010,200 is 23 appropriated from the general fund to the Alaska marine highway system fund (AS 19.65.060). 24 * Sec. 15. MOTOR FUEL TAX. The following estimated amounts from the unreserved 25 special accounts in the general fund are included within the general fund amounts appropriated 26 by this Act: 27 Highway fuel tax account (AS 43.40.010(g)) $21,300,000 28 Aviation fuel tax account (AS 43.40.010(e)) 8,200,000 29 * Sec. 16. OCCUPATIONAL LICENSING. The unexpended and unobligated balance on 30 June 30, 1997, of the Department of Commerce and Economic Development, division of 31 occupational licensing, designated program receipts from occupational licensing fees under
01 AS 08.01.065 is appropriated to the division of occupational licensing for operating costs for 02 the fiscal year ending June 30, 1998. 03 * Sec. 17. OIL AND HAZARDOUS SUBSTANCE RELEASE PREVENTION 04 ACCOUNT. The following amounts are appropriated to the oil and hazardous substance 05 release prevention account (AS 46.08.010(a)(1)) in the oil and hazardous substance release 06 prevention and response fund (AS 46.08.010) from the sources indicated: 07 (1) the balance of the oil and hazardous substance release prevention mitigation 08 account (AS 46.08.020(b)) in the general fund on July 1, 1997, not otherwise appropriated by 09 this Act; 10 (2) the amount collected for the fiscal year ending June 30, 1997, estimated 11 to be $13,300,000, from the surcharge levied under AS 43.55.300. 12 * Sec. 18. OIL AND HAZARDOUS SUBSTANCE RELEASE RESPONSE ACCOUNT. 13 The following amounts are appropriated to the oil and hazardous substance release response 14 account (AS 46.08.010(a)(2)) in the oil and hazardous substance release prevention and 15 response fund (AS 46.08.010) from the following sources: 16 (1) the balance of the oil and hazardous substance release response mitigation 17 account (AS 46.08.025(b)) in the general fund on July 1, 1997, not otherwise appropriated by 18 this Act; 19 (2) the amount collected for the fiscal year ending June 30, 1997, from the 20 surcharge levied under AS 43.55.201. 21 * Sec. 19. RETAINED FEES. The amount retained to compensate the collector or trustee 22 of fees, licenses, taxes, or other money belonging to the state during the fiscal year ending 23 June 30, 1998, is appropriated for that purpose to the agency authorized by law to generate 24 the revenue. 25 * Sec. 20. SAFETY ADVISORY COUNCIL. The amount appropriated for the 1997 26 annual governor's safety conference (sec. 21, ch. 117, SLA 1996), plus the fiscal year 1997 27 program receipts of the Alaska Safety Advisory Council (AS 18.60.830), less the amount 28 expended or obligated for the 1997 annual governor's safety conference, is appropriated from 29 the designated program receipts to the Alaska Safety Advisory Council for costs of the 1998 30 annual governor's safety conference. 31 * Sec. 21. SALMON ENHANCEMENT TAX. The salmon enhancement tax collected
01 under AS 43.76.010 - 43.76.030 in calendar year 1996 and deposited in the general fund under 02 AS 43.76.025(c) is appropriated from the general fund to the Department of Commerce and 03 Economic Development for payment in fiscal year 1998 to qualified regional associations 04 operating within a region designated under AS 16.10.375. 05 * Sec. 22. SHARED TAXES AND FEES. The amount necessary to refund to local 06 governments their share of taxes and fees collected in the listed fiscal years under the 07 following programs is appropriated to the Department of Revenue from the general fund for 08 payment in fiscal year 1998: 09 REVENUE SOURCE FISCAL YEAR COLLECTED 10 fisheries taxes (AS 43.75) 1997 11 fishery resource landing tax (AS 43.77) 1997 12 amusement and gaming taxes (AS 43.35) 1998 13 aviation fuel tax (AS 43.40.010) 1998 14 electric and telephone cooperative tax (AS 10.25.570) 1998 15 liquor license fee (AS 04.11) 1998 16 * Sec. 23. STATE DEBT AND OTHER OBLIGATIONS. (a) The amount required to pay 17 interest on revenue anticipation notes issued by the commissioner of revenue under AS 43.08 18 is appropriated from the general fund to the Department of Revenue for payment of the 19 interest on those notes. 20 (b) The amount required to be paid by the state for principal and interest on all issued 21 and outstanding state-guaranteed bonds is appropriated from the general fund to the state bond 22 committee for payment of principal and interest on those bonds. 23 (c) The sum of $73,270,700 is appropriated from the general fund to the Alaska debt 24 retirement fund (AS 37.15.011). 25 (d) The sum of $10,342,390 is appropriated from the Alaska debt retirement fund 26 (AS 37.15.011) to the state bond committee for trustee fees and lease payments to the City 27 of Seward, the City of Kenai, the City of Palmer, the Department of Natural Resources, and 28 the Alaska Court System. 29 (e) The sum of $14,251,658 is appropriated from the Alaska debt retirement fund 30 (AS 37.15.011) to the state bond committee for payment of debt service and trustee fees on 31 state general obligation bonds.
01 (f) The sum of $5,837,534 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 (g) The sum of $62,288,400 is appropriated from the Alaska debt retirement fund 05 (AS 37.15.011) to the Department of Education for state aid for costs of school construction 06 under AS 14.11.100. 07 * Sec. 24. STATE TRAINING AND EMPLOYMENT PROGRAM. The lapsing balance 08 of the employment assistance and training program account (AS 23.15.625) on June 30, 1997, 09 is appropriated to the unemployment compensation fund (AS 23.20.130). 10 * Sec. 25. STATUTORY BUDGET RESERVE FUND. If the unrestricted state revenue 11 available for appropriation in fiscal year 1998 is insufficient to cover the general fund 12 appropriations made for fiscal year 1998, the amount necessary to balance revenue and general 13 fund appropriations is appropriated to the general fund from the budget reserve fund 14 (AS 37.05.540). 15 * Sec. 26. STORAGE TANK ASSISTANCE FUND. (a) The fiscal year 1998 general 16 fund receipts of the tank registration fee program under AS 46.03.385 are appropriated to the 17 storage tank assistance fund (AS 46.03.410). 18 (b) The sum of $2,910,600 is appropriated from the oil and hazardous substance 19 release prevention account (AS 46.08.010(a)(1)) to the storage tank assistance fund 20 (AS 46.03.410) for the fiscal year ending June 30, 1998. 21 * Sec. 27. STUDENT LOAN PROGRAM. The amount from student loan borrowers of 22 the Alaska Commission on Postsecondary Education that is assessed for loan origination fees 23 for the fiscal year ending June 30, 1998, is appropriated to the origination fee account 24 (AS 14.43.120(u)) within the student loan fund of the Alaska Student Loan Corporation for 25 the purposes specified in AS 14.43.120(u). 26 * Sec. 28. DIVISION OF INSURANCE. The unexpended and unobligated balance on 27 June 30, 1997, of the Department of Commerce and Economic Development, division of 28 insurance, designated program receipts from insurance fees under AS 21.06.250 is appropriated 29 to the Department of Commerce and Economic Development, division of insurance, for 30 operating costs for the fiscal year ending June 30, 1998. 31 * Sec. 29. ALASKA SCIENCE AND TECHNOLOGY FOUNDATION. The unexpended
01 and unobligated balance in the Alaska science and technology endowment earnings reserve 02 on June 30, 1997, is appropriated to the Alaska Science and Technology Foundation to award 03 as grants under AS 37.17.030(d) for the fiscal year ending June 30, 1998. 04 * Sec. 30. (a) Subject to (b) of this section, the sum of $30,000,000 is appropriated from 05 the general fund to the Department of Health and Social Services for medical assistance and 06 allocated equally for Medicaid non-facility and Medicaid facilities components, and the 07 appropriation from federal receipts made by sec. 37 of this Act to the Department of Health 08 and Social Services for medical assistance and allocated for the Medicaid non-facility and 09 Medicaid facilities components is reduced by a total of $30,000,000. 10 (b) The appropriation made by (a) of this section takes effect only if the federal 11 medical assistance percentage under the Medicaid program in effect on January 31, 1998, is 12 the same as the percentage in effect on March 15, 1997. 13 * Sec. 31. Revenues generated or retained by the Alaska Railroad Corporation before or 14 during the fiscal year ending June 30, 1998, and income earned on revenues generated or 15 retained by the Alaska Railroad Corporation before or during the fiscal year ending 16 June 30, 1998, are appropriated to the Alaska Railroad Corporation for railroad and related 17 purposes for the fiscal year ending June 30, 1998. This appropriation does not authorize the 18 expenditure of funds appropriated by sec. 145, ch. 208, SLA 1990 (Locomotives, rolling stock 19 - $9,000,000) or the expenditure of interest earned on those funds. 20 * Sec. 32. (a) Federal funds received by the Alaska Railroad Corporation before or during 21 the fiscal year ending June 30, 1997, are appropriated to the Alaska Railroad Corporation for 22 the purposes for which the funds were received by the corporation. 23 (b) Federal funds received by the Alaska Railroad Corporation during the fiscal year 24 ending June 30, 1998, are appropriated to the Alaska Railroad Corporation for the purposes 25 for which the funds are received by the corporation, subject to the program review provisions 26 of AS 37.07.080(h). 27 * Sec. 33. DENIAL OF GENERAL SALARY INCREASES. (a) Failure of the legislature 28 to adopt a separate appropriation item for cost-of-living adjustments negotiated between the 29 state and bargaining organizations representing state employees constitutes rejection of the 30 monetary terms of those collective bargaining agreements in accordance with AS 23.40.215. 31 Money appropriated by this Act may not be used to implement a negotiated pay raise.
01 (b) Unless otherwise required by law, money appropriated by this Act may not be 02 used to implement an adjustment to the compensation of state employees that is based on an 03 increase in the cost of living and is not determined by the employee's job performance or 04 longevity in state service. 05 (c) This section does not apply to the compensation of officers or employees of the 06 University of Alaska or to collective bargaining units negotiated between the University of 07 Alaska and bargaining organizations representing employees of the university. 08 * Sec. 34. DENIAL OF UNIVERSITY OF ALASKA SALARY INCREASES. (a) Failure 09 of the legislature to adopt a separate appropriate item for pay increases negotiated between 10 the University of Alaska and bargaining organizations representing university employees 11 constitutes rejection of the monetary terms of those collective bargaining agreements in 12 accordance with AS 23.40.215. Money appropriated by this Act may not be used to 13 implement a negotiated pay raise. 14 (b) Unless otherwise required by law, money appropriated by this Act may not be 15 used to implement a pay increase for employees of the University of Alaska except as the 16 Board of Regents or their designee consider necessary to retain an essential employee. 17 * Sec. 35. NONLAPSE OF APPROPRIATIONS. The appropriations made by secs. 1, 2, 18 8, 10, 11, 12, 13(b), 14, 17, 18, 24, 26(a), and 27 of this Act are for the capitalization of funds 19 and do not lapse under AS 37.25.010. 20 * Sec. 36. EFFECTIVE DATE FOR SECTION 30. If sec. 30(a) of this Act takes effect 21 under sec. 30(b) of this Act, it takes effect on February 1, 1998. 22 (SECTION 37 OF THIS ACT BEGINS ON PAGE 14)