SCS CSHB 418(FIN): "An Act designating certain receipts as program receipts, appropriations of which are not made from the unrestricted general fund; relating to the establishment of an administrative cost charge for the state's role in the community development quota program; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) 01 "An Act designating certain receipts as program receipts, appropriations of which 02 are not made from the unrestricted general fund; relating to the establishment 03 of an administrative cost charge for the state's role in the community 04 development quota program; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 37.05.146(b)(4) is amended by adding new subparagraphs to read: 07 (X) receipts of the Department of Community and Economic 08 Development under AS 08.01.065(a), (c), and (f); 09 (Y) receipts from the seafood marketing assessment under 10 AS 16.51.120 - 16.51.170, the salmon marketing tax under AS 43.76.110 - 11 43.76.130, and other receipts of the Alaska Seafood Marketing Institute; 12 (Z) the administrative cost charge under AS 44.33.113 for the 13 state's role in the federal community development quota program; 14 (AA) dive fishery management assessment receipts
01 (AS 43.76.150); 02 (BB) process service fees collected by the Department of Public 03 Safety; 04 (CC) Alaska Commercial Fisheries Entry Commission under 05 AS 16.43.160; 06 (DD) receipts of the Alaska Vocational Technical Center; 07 (EE) Alaska Pioneers' Home care and support receipts under 08 AS 47.55.030; 09 (FF) receipts of the Department of Transportation and Public 10 Facilities from tolls charged for use of the Whittier Tunnel; 11 (GG) receipts of the Department of Community and Economic 12 Development, division of insurance, from license fees and fees for services; 13 (HH) receipts of the division of the Department of Community 14 and Economic Development that regulates banking, securities, and corporations; 15 (II) receipts of the Department of Corrections from the 16 electronic prisoner monitoring program under AS 33.30.065(d); 17 (JJ) receipts of the Department of Corrections from the 18 operation of community residential centers; 19 (KK) receipts of the Alaska Police Standards Council; 20 (LL) receipts of the Department of Public Safety from fees for 21 fire and life safety plan checks under AS 18.70.080(b); 22 (MM) receipts of the Department of Transportation and Public 23 Facilities from the measurement standards and commercial vehicle enforcement 24 program; 25 (NN) receipts of the Department of Education and Early 26 Development for teacher certification under AS 14.20.020; 27 (OO) receipts of the Professional Teaching Practices 28 Commission from professional certification fees; 29 (PP) receipts of the Department of Health and Social Services, 30 Bureau of Vital Statistics; 31 (QQ) receipts of the Department of Corrections from the inmate
01 telephone system; 02 (RR) receipts of the Department of Public Safety from the 03 Alaska automated fingerprint system under AS 44.41.025(b); 04 * Sec. 2. AS 43.76.190(d) is amended to read: 05 (d) The dive fishery management assessment collected under this section shall 06 be deposited in the state treasury. Under AS 37.05.146(b), assessment receipts 07 shall be accounted for separately, and appropriations from the account are not 08 made from the unrestricted general fund [GENERAL FUND]. 09 * Sec. 3. AS 43.76.200(a) is amended to read: 10 (a) The legislature may make appropriations of revenue collected under 11 AS 43.76.190 to the Department of Fish and Game for funding of the qualified 12 regional dive fishery development association in the administrative area in which the 13 assessment was collected. Appropriations under this section are not made from 14 the unrestricted general fund. Funds received under this section by a qualified 15 regional dive fishery development association may be expended in accordance with the 16 annual operating plan developed under (b) of this section. 17 * Sec. 4. AS 44.33 is amended by adding a new section to read: 18 Sec. 44.33.113. Charges for community development quota program. (a) 19 If the governor delegates duties as described in AS 44.33.020(11) to the department, 20 the department shall determine and assess an annual administrative cost charge for the 21 administration of the state's role in the federal community development quota program. 22 The department shall by regulation establish the method for implementing the charge 23 in accordance with the provisions of this section. The department shall assess the 24 charges on community development quota groups with approved community 25 development plans for the fiscal year for which the charge is applicable. The 26 community development quota group shall pay the charge. 27 (b) The administrative cost charge under this section for a CDQ group shall 28 be determined by the department no later than the June 30 immediately preceding the 29 start of the applicable fiscal year. The department shall promptly notify the CDQ 30 group of the amount of the charge. The CDQ group shall pay the charge no later than 31 45 days after the department provides notice to the CDQ group of the amount of the
01 charge. 02 (c) The aggregate total of administrative cost charges to all CDQ groups for 03 a fiscal year shall approximately equal, but may not exceed, the appropriations 04 authorized for that fiscal year for the state's role under AS 44.33.020(11), less 05 (1) appropriations from sources of program receipts under 06 AS 37.05.146(b) not collected under this section; and 07 (2) any reappropriations of charges collected under this section. 08 (d) Fifty percent of the aggregate total of administrative cost charges assessed 09 on all CDQ groups for a fiscal year shall be recovered through the standard portion of 10 the charges and 50 percent of the aggregate total shall be recovered through the 11 variable portion of the charges. The administrative cost charge assessed on a CDQ 12 group for a fiscal year shall consist of a standard portion and a variable portion. The 13 CDQ group's standard portion is calculated by dividing the aggregate total amount to 14 be recovered through this portion by the number of CDQ groups to be assessed a 15 charge. The CDQ group's variable portion is calculated by multiplying the aggregate 16 total amount to be recovered through this portion by a percentage that represents the 17 ratio of the value of the CDQ group's fisheries resource quota allocation to the total 18 value of fisheries resources allocated under the CDQ program for the applicable year. 19 (e) Notwithstanding any contrary provision of this section, the department may 20 adjust the variable portion of the administrative cost charge for a fiscal year to one or 21 more CDQ groups if the department finds that an inequitable result will occur absent 22 the adjustment, but the aggregate total of the charges to be paid by all CDQ groups 23 after the adjustment must equal the amount originally calculated for that fiscal year 24 under (c) of this section. 25 (f) The department may not assess or collect administrative charges under this 26 section from new CDQ groups representing communities that are not eligible for the 27 CDQ program on June 30, 2000, for a period of two years from the actual award of 28 a fisheries quota to that newly formed CDQ group. 29 (g) The department shall collect and enforce the administrative cost charge 30 assessed under this section. The receipts from the charge assessed under this section 31 shall be deposited in the community development quota program account in the state
01 treasury. Under AS 37.05.146(b), receipts from charges collected under this section 02 shall be accounted for separately, and appropriations from the account are not made 03 from the unrestricted general fund. The legislature may appropriate money from the 04 community development quota program account for expenditures by the department 05 for necessary costs incurred by the department in implementing any assigned role 06 under AS 44.33.020(11) or for any other public purpose. 07 (h) The Department of Administration shall identify the amount of the 08 appropriations for the state's role under AS 44.33.020(11) that lapses into the general 09 fund each year. The legislature may appropriate an amount equal to the lapsed amount 10 to the community development quota program for its operating costs for the next fiscal 11 year. 12 (i) The department may adopt regulations under AS 44.62 (Administrative 13 Procedure Act) to interpret or implement its duties under this section. 14 (j) In this section, 15 (1) "CDQ group" or "community development quota group" means an 16 applicant under 16 U.S.C. 1855(i), or a successor program, with an approved 17 community development plan; 18 (2) "CDQ program" or "community development quota program" means 19 the federal community development quota program established under 16 U.S.C. 20 1855(i), or a successor federal program approved by the United States Secretary of 21 Commerce; 22 (3) "fiscal year" has the meaning given in AS 37.05.920; 23 (4) "value" has the meaning given in AS 43.75.290. 24 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section 25 to read: 26 APPLICABILITY. This Act applies to administrative cost charges under 27 AS 44.33.113, enacted by sec. 4 of this Act, applicable for state fiscal years beginning on or 28 after July 1, 2000. 29 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 TRANSITION: REGULATIONS. The Department of Community and Economic
01 Development may proceed to adopt regulations necessary to interpret or implement sec. 4 of 02 this Act. Regulations to interpret or implement a provision of sec. 4 of this Act take effect 03 under AS 44.62 (Administrative Procedure Act), but not before the effective date of sec. 4 of 04 this Act. 05 * Sec. 7. AS 37.05.146(b)(4)(X), added by sec. 1 of this Act, and sec. 6 of this Act take 06 effect immediately under AS 01.10.070(c). 07 * Sec. 8. Section 1, except as otherwise provided by this Act, and secs. 4 and 5 of this Act 08 take effect June 30, 2000. 09 * Sec. 9. Sections 2 and 3 of this Act take effect July 1, 2000.