HB 105: "An Act relating to the unorganized borough national forest receipts program; and providing for an effective date."
00HOUSE BILL NO. 105 01 "An Act relating to the unorganized borough national forest receipts program; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 41.15.180(b) is amended to read: 05 (b) Of that portion [THERE IS CREATED AS A SEPARATE ACCOUNT 06 IN THE GENERAL FUND THE UNORGANIZED BOROUGH NATIONAL FOREST 07 RECEIPTS FUND. THE FUND CONSISTS] of national forest income received by 08 the Department of Community and Regional Affairs under 16 U.S.C. 500 for the 09 percentage of a national forest located within the unorganized borough, 75 [. 10 SEVENTY-FIVE] percent [OF THE FUND] shall be allocated for public schools and 11 25 percent shall be allocated for public roads. 12 * Sec. 2. AS 41.15.180(c) is amended to read: 13 (c) From the percentage of the unorganized borough national forest receipts 14 [FUND] allocated to the public schools under (b) of this section, the commissioner
01 shall pay to each home rule or first class city located within the unorganized borough 02 and within a national forest or within 20 miles of a national forest, or regional 03 educational attendance area that has a school located within the unorganized borough 04 and within a national forest or within 20 miles of a national forest, a share of the 05 income allocated for [FROM THE] public schools under (b) of this section 06 [ALLOCATION OF THE FUND]. A home rule city, first class city, or regional 07 educational attendance area's share shall be calculated as the proportion of the number 08 of children in average daily membership of the city school district or regional 09 educational attendance area compared to the total number of children in average daily 10 membership in city school districts located within the unorganized borough and within 11 the national forest or within 20 miles of the national forest and in regional educational 12 attendance areas that have a school located within the unorganized borough and within 13 the national forest or within 20 miles of the national forest. 14 * Sec. 3. AS 41.15.180(d) is amended to read: 15 (d) From the percentage of the unorganized borough national forest receipts 16 [FUND] allocated to public roads under (b) of this section, the commissioner shall pay 17 to each 18 (1) home rule city, first class city, or second class city that exercises 19 road powers, that is located within the unorganized borough and within a national 20 forest or within 20 miles of a national forest, a share of the income allocated for 21 [FROM THE] roads under (b) of this section [ALLOCATION OF THE FUND]; a 22 home rule city, first class city, or second class city's share shall be calculated as the 23 proportion of the number of road miles within municipal boundaries over which the 24 community exercises road powers plus the number of state road miles maintained by 25 the municipality under agreement with the state compared to the total number of road 26 miles maintained by state or local governments in the unorganized borough and within 27 the national forest or within 20 miles of the national forest; 28 (2) municipality organized under federal law as an Indian reserve that 29 existed before the enactment of 43 U.S.C. 1618(a) and is continued in existence under 30 that subsection and that has formed a community development corporation under 31 AS 29.60.365, that exercises road powers and that is located within the unorganized
01 borough and within the national forest or within 20 miles of the national forest, a share 02 of the income allocated for [FROM THE] roads under (b) of this section 03 [ALLOCATION OF THE FUND]; the share due a municipality organized under 04 federal law that exercises road powers shall be calculated as the proportion of the 05 number of road miles within municipal boundaries over which the community 06 exercises road powers plus the number of state road miles maintained by the 07 municipality under agreement with the state compared to the total number of road 08 miles maintained by state or local governments in the unorganized borough and within 09 the national forest or within 20 miles of the national forest; however, the commissioner 10 may pay income from national forest receipts under this paragraph only after the 11 corporation has delivered a written waiver of sovereign immunity from legal action by 12 the state to recover all or a portion of the money distributed under this section. 13 * Sec. 4. AS 41.15.180(f) is amended to read: 14 (f) For the purpose of making distributions of national forest income under 15 this section [FROM THE FUND], the commissioner of community and regional affairs 16 shall consult with the commissioner of education [,] for purposes of determining the 17 number of children in average daily membership in the public schools affected by this 18 section, and with the commissioner of transportation and public facilities [,] to 19 determine the total number of road miles in the unorganized borough affected by this 20 section. 21 * Sec. 5. AS 41.15.180(j) is amended to read: 22 (j) That portion of the [UNORGANIZED BOROUGH] national forest income 23 subject to (b) of this section [RECEIPTS FUND] remaining [IN THE ACCOUNT] 24 unobligated and unexpended on June 30 of the [A] fiscal year in which the income 25 was to be distributed shall be deposited into the unrestricted portion of the general 26 fund and shall be used to offset expenses of the general fund for school and road 27 maintenance in the affected areas of the unorganized borough for which direct 28 distribution of funds has not been made. 29 * Sec. 6. DISTRIBUTION OF UNANTICIPATED RECEIPTS. If money accruing to the 30 unorganized borough national forest receipts fund is received by the State of Alaska on or 31 after the effective date of this Act, the money shall be deposited into the unrestricted portion
01 of the general fund and shall be used to offset expenses of the general fund for school and 02 road maintenance in the affected areas of the unorganized borough for which direct 03 distribution of national forest income has not been made under AS 41.15.180. 04 * Sec. 7. This Act takes effect July 1, 1997.