CSHB 20(CRA): "An Act relating to state aid to municipalities and certain other recipients, and for the village public safety officer program; relating to municipal dividends; relating to the public safety foundation program; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 20(CRA) 01 "An Act relating to state aid to municipalities and certain other recipients, and for the 02 village public safety officer program; relating to municipal dividends; relating to the 03 public safety foundation program; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 FINDINGS. The legislature finds that 08 (1) police, fire protection, emergency medical services, health services, and 09 roads are top priorities of the citizens of the state; 10 (2) the public safety foundation program is a return to the historically 11 successful original "revenue sharing for services" concept used from 1969 to 1980 to promote 12 more effective local governments and stable or reduced local taxes; 13 (3) municipalities should be held accountable for providing specific public 14 safety services with state shared revenues;
01 (4) the public safety foundation program is a positive incentive to incorporate 02 or for a municipality to accept more responsibility for roads and other high priority public 03 services; 04 (5) the village public safety officer program is designed to train and employ 05 individuals residing outside of municipalities as the first responders to public safety 06 emergencies, such as basic law enforcement, crime prevention, emergency medical assistance, 07 fire protection, and search and rescue; 08 (6) fully funding the municipal dividend from a portion of the excess earnings 09 of the permanent fund, after funding permanent fund dividends and inflation-proofing, will 10 not change the current calculation for the permanent fund dividend, but will save the local 11 taxpayers an average of $150 a year that would otherwise be required to support local public 12 services. 13 * Sec. 2. AS 18.70.075(a) is amended to read: 14 (a) A fire officer of a municipal fire department or a fire department registered 15 under AS 29.60.675 [AS 29.60.130], while providing fire protection or other 16 emergency services, has the authority to 17 (1) control and direct activities at the scene of a fire or emergency; 18 (2) order a person to leave a building or place in the vicinity of a fire or 19 emergency [,] for the purpose of protecting the person from injury; 20 (3) blockade a public highway, street, or private right-of-way 21 temporarily while at the scene of a fire or emergency; 22 (4) trespass upon property at or near the scene of a fire or emergency at 23 any time of the day or night; 24 (5) enter a building, including a private dwelling, or premises where a 25 fire is in progress, or where there is reasonable cause to believe a fire is in progress, to 26 extinguish the fire; 27 (6) enter a building, including a private dwelling, or premises near the 28 scene of a fire for the purpose of protecting the building or premises or for the purpose 29 of extinguishing the fire that is in progress in another building or premises; 30 (7) upon 24-hour notice to the owner or occupant, conduct a prefire 31 planning survey in all buildings, structures, or other places within the municipality or
01 the registered fire department's district, except the interior of a private dwelling, where 02 combustible material is or may become dangerous as a fire menace to the building; 03 (8) direct the removal or destruction of a fence, house, motor vehicle, 04 or other thing judged necessary to prevent the further spread of a fire. 05 * Sec. 3. AS 29.10.200 is amended by adding a new paragraph to read: 06 (60) AS 29.60.660 - 29.60.699 (public safety foundation program). 07 * Sec. 4. AS 29.20.640(b) is amended to read: 08 (b) Compliance with the provisions of this section is a prerequisite to receipt 09 of entitlements under the public safety foundation program (AS 29.60.660 - 10 29.60.699) [MUNICIPAL TAX RESOURCE EQUALIZATION ASSISTANCE 11 UNDER AS 29.60.010 - 29.60.080 AND PRIORITY REVENUE SHARING FOR 12 MUNICIPAL SERVICES UNDER AS 29.60.100 - 29.60.180]. If a municipality does 13 not comply with this section, the department shall withhold the entitlements 14 [ALLOCATIONS] until the required reports are filed. 15 * Sec. 5. AS 29.45.020 is amended to read: 16 Sec. 29.45.020. Taxpayer notice. (a) If a municipality levies and collects 17 property taxes, the governing body shall provide the following notice: 18 "NOTICE TO TAXPAYER 19 For the current fiscal year the (city)(borough) has been allocated the 20 following amount of state aid for school and municipal purposes under 21 the applicable financial assistance Acts: 22 PUBLIC SCHOOL FUNDING PROGRAM (AS 14.17) $ 23 STATE AID FOR RETIREMENT OF SCHOOL 24 CONSTRUCTION DEBT (AS 14.11.100) $ 25 PUBLIC SAFETY FOUNDATION PROGRAM 26 (AS 29.60.660 - 29.60.699) $ 27 [MUNICIPAL TAX RESOURCE EQUALIZATION 28 (AS 29.60.010 - 29.60.080) $ 29 PRIORITY REVENUE SHARING FOR 30 MUNICIPAL SERVICES (AS 29.60.100 - 29.60.180) $ 31 REVENUE SHARING FOR SAFE COMMUNITIES
01 (AS 29.60.350 - 29.60.375) $] 02 TOTAL AID $ 03 The millage equivalent of this state aid, based on the dollar value of a 04 mill in the municipality during the current assessment year and for the 05 preceding assessment year, is: 06 MILLAGE EQUIVALENT 07 PREVIOUS YEAR THIS YEAR 08 PUBLIC SCHOOL FUNDING 09 PROGRAM ASSISTANCE . . . .MILLS . . . .MILLS 10 STATE AID FOR RETIREMENT 11 OF SCHOOL CONSTRUCTION 12 DEBT . . . .MILLS . . . .MILLS 13 PUBLIC SAFETY FOUNDATION 14 PROGRAM . . . .MILLS . . . .MILLS 15 [MUNICIPAL TAX RESOURCE 16 EQUALIZATION . . . .MILLS . . . .MILLS 17 PRIORITY REVENUE SHARING 18 FOR MUNICIPAL SERVICES . . . .MILLS . . . .MILLS 19 REVENUE SHARING FOR SAFE 20 COMMUNITIES . . . .MILLS . . . .MILLS] 21 TOTAL MILLAGE EQUIVALENT . . . .MILLS . . . .MILLS" 22 Notice shall be provided by 23 (1) furnishing a copy of the notice with tax statements mailed for the 24 fiscal year for which aid is received; or 25 (2) publishing in a newspaper of general circulation in the municipality 26 a copy of the notice once each week for a period of three successive weeks, with 27 publication to occur not later than 45 days after the final adoption of the municipality's 28 budget. 29 (b) Compliance with the provisions of this section is a prerequisite to receipt 30 of entitlements under the public safety program (AS 29.60.660 - 29.60.699) 31 [MUNICIPAL TAX RESOURCE EQUALIZATION UNDER AS 29.60.010 -
01 29.60.080 AND PRIORITY REVENUE SHARING FOR MUNICIPAL SERVICES 02 UNDER AS 29.60.100 - 29.60.180]. The department shall withhold annual 03 entitlements [ALLOCATIONS] under those sections until municipal officials 04 demonstrate that the requirements of this section have been met. 05 * Sec. 6. AS 29.45.660(b) is amended to read: 06 (b) Compliance with the provisions of this section is a prerequisite to receipt 07 of entitlements under the public safety foundation program (AS 29.60.660 - 08 29.60.699) [MUNICIPAL TAX RESOURCE EQUALIZATION UNDER 09 AS 29.60.010 - 29.60.080 AND PRIORITY REVENUE SHARING FOR 10 MUNICIPAL SERVICES UNDER AS 29.60.100 - 29.60.180]. The department shall 11 withhold annual entitlements [ALLOCATIONS] under those sections until municipal 12 officials demonstrate that the requirements of this section have been met. 13 * Sec. 7. AS 29.60 is amended by adding new sections to read: 14 Article 8A. Public Safety Foundation Program. 15 Sec. 29.60.655. Municipal dividend fund. There is established in the 16 department the municipal dividend fund consisting of municipal dividends 17 appropriated and transferred to the fund under AS 37.13.145(e). Each fiscal year, the 18 legislature may appropriate money in the municipal dividend fund for the public safety 19 foundation program (AS 29.60.660 - 29.60.699). Any balance in the fund may be 20 appropriated for capital project matching grants (AS 37.06.010 - 37.06.090). 21 Sec. 29.60.660. Administration. (a) The public safety foundation program is 22 established in the department. Each fiscal year, the department shall distribute public 23 safety foundation entitlements to eligible municipalities and other recipients under 24 AS 29.60.665 - 29.60.699 from appropriations for the purpose from the municipal 25 dividend fund. A municipality qualifies for a public safety foundation entitlement for 26 a fiscal year if the municipality meets any eligibility requirements for the specific 27 entitlement and 28 (1) the municipality has conducted a regular election during the 29 preceding state fiscal year or when last required to do so by ordinance or charter and 30 has reported the results of the election to the commissioner; 31 (2) regular meetings of the governing body were held in the
01 municipality during the preceding state fiscal year and a record of the proceedings was 02 maintained; 03 (3) a municipal budget has been adopted for the municipal fiscal year 04 during which payment of the entitlement is authorized, and an audit or financial 05 statement for the preceding municipal fiscal year has been furnished to the 06 department; and 07 (4) all ordinances adopted by the municipality have been codified in 08 accordance with AS 29.25.050. 09 (b) The department shall adopt regulations necessary to implement the public 10 safety foundation program, which must include 11 (1) procedures and filing dates for submitting entitlement applications 12 and information relating to those applications; 13 (2) procedures by which the department shall notify a municipality or 14 other applicant in writing of the reasons for a proposed disallowance or adjustment of 15 any factor bearing on the determination of the applicant's eligibility for and amount of 16 entitlement. 17 (c) For purposes of the public safety foundation program, population shall be 18 determined by the latest figures of the United States Bureau of the Census or other 19 population data that in the judgment of the department is reliable. 20 (d) The department shall make payments under the public safety foundation 21 program no later than July 31, based on entitlement calculations made during the 22 preceding fiscal year. 23 Sec. 29.60.665. Municipal minimum entitlements and supplemental 24 minimum entitlements. (a) Each fiscal year, the department shall distribute 25 municipal minimum entitlements to each municipality. The amount of an entitlement 26 under this subsection is $25,000. 27 (b) A municipality is eligible for a supplemental minimum entitlement if the 28 total amount of money the municipality receives for a fiscal year under the public 29 safety foundation program, excluding the entitlement under this subsection, is less 30 than $45,000. The amount of an entitlement under this subsection is the amount 31 necessary to equal $45,000 when added to other amounts received under the public
01 safety foundation program. 02 (c) A municipality is eligible for a supplemental minimum entitlement if the 03 total amount of money the municipality receives for the fiscal year under the public 04 safety foundation program, excluding the entitlement under this subsection, is less 05 than the total amount the municipality received for fiscal year 2001 under former 06 AS 29.60.010 - 29.60.375. The amount of an entitlement under this subsection is the 07 amount necessary to equal, when added to other amounts received under the public 08 safety foundation program, the amount the municipality received for fiscal year 2001 09 under former AS 29.60.010 - 29.60.375. 10 Sec. 29.60.670. Road maintenance and driver usage entitlements. (a) 11 Each fiscal year, the department shall distribute road maintenance entitlements to 12 municipalities to be used for road maintenance except as provided in (d) of this 13 section. A municipality is eligible for a road maintenance entitlement under this 14 section only if it has power to provide for road maintenance and exercises that power. 15 The road maintenance entitlement is equal to $2,000 for each mile of road, street, or 16 highway maintained by the municipality and used by automotive equipment, 17 excluding (1) the official state highway system, (2) roads, streets, or highways not 18 dedicated to public use, (3) roads, streets, or highways maintained under AS 19.30.111 19 - 19.30.251 (local service road program), and (4) alleyways, as defined by regulations 20 of the Department of Transportation and Public Facilities. 21 (b) In addition to an entitlement under (a) of this section, a municipality may 22 receive an entitlement equal to $1,000 for each mile of a frozen waterway and a 23 connection from an inhabited area to a frozen waterway that may be safely used for 24 public transportation by automotive equipment and is so used during a portion of the 25 year if the waterway and connection are maintained during the period of use by the 26 municipality. The Department of Community and Economic Development, after 27 consultation with the Department of Transportation and Public Facilities, shall 28 determine which waterways and connections qualify and, where the waterways or 29 connections lie outside the corporate limits of a municipality and are maintained by a 30 combination of municipalities, which municipalities shall receive the payments under 31 this subsection, unless the municipalities involved have agreed in writing to a
01 particular distribution. 02 (c) Each fiscal year, the department shall distribute a driver usage entitlement 03 to each municipality equal to $10 for each person residing in the municipality. The 04 population of a municipality shall be as certified by the commissioner. In determining 05 the population of a borough, the populations of all cities in the borough shall be 06 subtracted from the total population of the borough. 07 (d) The governing body may by ordinance authorize the municipality to use 08 for education the portion of each entitlement received by the municipality under (a) of 09 this section that is designated in the ordinance. The amount that may be designated in 10 the ordinance may not exceed 55 percent of the entitlement. 11 Sec. 29.60.675. Fire and emergency medical services entitlements. (a) 12 Each fiscal year, the department shall pay to a municipality that has a fire department 13 registered with the state fire marshal or an organization certified by the state to 14 provide emergency medical services an entitlement to be used for fire or emergency 15 medical services except as provided in (c) of this section. The amount of the 16 entitlement is based on the number of individuals served as determined by the 17 department. The entitlement equals $20 for each individual who receives fire 18 protection services and $20 for each individual who receives emergency medical 19 services. 20 (b) Each fiscal year, the department shall pay to a fire department registered 21 with the state fire marshal or to an organization certified by the state to provide 22 emergency medical services an entitlement to be used for fire or emergency medical 23 services if the area served by the fire department or organization is not also served by 24 a municipality. The amount of the entitlement is based on the number of individuals 25 served as determined by the department. The entitlement equals $20 for each 26 individual who receives fire protection services and $20 for each individual who 27 receives emergency medical services. 28 (c) The governing body may by ordinance authorize the municipality to use 29 for education the portion of each entitlement received by the municipality under (a) of 30 this section that is designated in the ordinance. The amount that may be designated in 31 the ordinance may not exceed 55 percent of the entitlement.
01 Sec. 29.60.680. Police protection services entitlements. Each fiscal year, 02 the department shall pay to a municipality that provides police protection services an 03 entitlement to be used for police protection services. The amount of the entitlement is 04 based on the number of individuals served as determined by the department. The 05 entitlement equals $20 for each individual who receives police protection services. 06 Sec. 29.60.685. State aid to municipalities and other eligible recipients for 07 health facilities and hospitals. (a) The department shall pay 08 (1) to a municipality that has the power to provide hospital facilities 09 and services and that exercises that power, $167 a bed for each bed actually used for 10 patient care, limited to the number of beds provided for in the construction design of 11 the hospital, or $45,000 a hospital for those hospitals with 10 or more beds, or $9,000 12 a hospital for those hospitals with less than 10 beds, as the municipality may elect; 13 money received under this paragraph may be used only for hospitals and shall be 14 apportioned among qualifying hospitals as the municipality determines; 15 (2) on the basis set out in (1) of this subsection to a municipality for a 16 nonprofit hospital not operated by a municipality if the municipality first certifies to 17 the department that the nonprofit hospital is in compliance with all standards for 18 hospitals that have been adopted by the municipality; money may not be paid on 19 behalf of a nonprofit hospital without this certification; payments to the municipality 20 shall be transferred to the nonprofit hospital in accordance with the basis by which the 21 payment was generated by the hospital, and shall be applied to the annual cost of 22 operation and maintenance of the hospital or for the provision of health care service at 23 the hospital as the directors of the hospital determine; 24 (3) to a municipality in which a health facility is operated, $360 a bed 25 for each bed actually used for patient care, limited to the number of beds provided for 26 in the construction design of the health facility, or $1,600 a health facility as the 27 municipality determines. 28 (b) A hospital may not receive payment under both (a)(1) and (a)(2) of this 29 section. 30 (c) Money received by a municipality under (a)(3) of this section shall be used 31 for expenses of health services or operation and maintenance of health facilities as the
01 municipality determines. 02 (d) Before money may be distributed under this section, the commissioner of 03 health and social services shall certify to the commissioner of community and 04 economic development that any accumulation of assets by nonprofit corporations or 05 other recipients under this section is dedicated irrevocably to a public purpose. 06 (e) In this section, 07 (1) "health facility" means a health facility that is licensed or certified 08 by the state or approved under regulations adopted by the department and that is 09 owned or operated or both by a municipality or by a nonprofit corporation or other 10 nonprofit sponsor; in this paragraph, "facility" 11 (A) includes a public health center, maternity home, 12 community mental health center, facility for the mentally or physically 13 handicapped, nursing home, convalescent center, domestic violence or sexual 14 assault shelter qualified to receive a grant or contract under AS 18.66, or 15 alcohol or drug abuse facility that meets standards established under AS 47.37; 16 but 17 (B) excludes a facility operated or wholly supported by the 18 state or the federal government; 19 (2) "hospital" means a licensed hospital determined by the Department 20 of Health and Social Services to be a general or special hospital; the term excludes a 21 facility operated or wholly supported by the state or the federal government, or both. 22 Sec. 29.60.690. State aid to unincorporated communities. (a) The 23 department shall pay to each unincorporated community $10,000 as an entitlement 24 each fiscal year to be used for a public purpose. The department with advice from the 25 Department of Law shall determine whether there is in each unincorporated 26 community an incorporated nonprofit entity or a Native village council that will agree 27 to receive and spend the entitlement. If there is more than one qualified entity in an 28 unincorporated community, the department shall pay the money under the entitlement 29 to the entity that the department finds most qualified to receive and spend the money. 30 The department may not pay money under an entitlement to a Native village council 31 unless the council waives immunity from suit for claims arising out of activities of the
01 council related to the entitlement. A waiver of immunity from suit under this 02 subsection must be on a form provided by the Department of Law. If there is no 03 qualified incorporated nonprofit entity or Native village council in an unincorporated 04 community that is willing to receive money under an entitlement, the entitlement for 05 that unincorporated community may not be paid. Neither this subsection nor any 06 action taken under it enlarges or diminishes the governmental authority or jurisdiction 07 of a Native village council. 08 (b) In this section "unincorporated community" means a place in the 09 unorganized borough that is not incorporated as a city and in which 25 or more 10 persons reside as a social unit. 11 Sec. 29.60.695. State aid for the village public safety officer program. The 12 Department of Community and Economic Development shall pay to the Department 13 of Public Safety an entitlement each fiscal year to be used for the village public safety 14 officer program (AS 18.65.670). The amount of the entitlement shall be calculated by 15 multiplying $15 by the number of permanent fund dividends paid by the Department 16 of Revenue during the calendar year immediately preceding the year the entitlement is 17 paid. 18 Sec. 29.60.699. Applicability. AS 29.60.660 - 29.60.685 apply to home rule 19 and general law municipalities. 20 * Sec. 8. AS 37.06.020(b) is amended to read: 21 (b) The unincorporated community capital project matching grant fund is 22 established in the department and consists of appropriations to the fund. 23 Appropriations to the fund do not lapse except as provided in (h) of this section. The 24 money in the fund is held by the department in custody under this subsection for each 25 unincorporated community eligible for an allocation under this subsection. The 26 department shall establish an individual grant account within the fund for each 27 unincorporated community that was entitled to receive state aid under AS 29.60.690 28 [AS 29.60.140] during the preceding fiscal year. As provided in this subsection, each 29 fiscal year the department shall allocate, to the individual grant accounts, 30 appropriations to the fund. An unincorporated community is eligible for an allocation 31 in a fiscal year if the community was eligible to receive state aid under AS 29.60.690
01 [AS 29.60.140] during the preceding fiscal year. The department shall credit interest 02 earned on money in an individual grant account to that account. Except as provided in 03 (c) of this section, the amount allocated under this subsection to an individual grant 04 account in a fiscal year is determined by dividing the total amount appropriated to the 05 fund during that fiscal year by the number of unincorporated communities eligible for 06 an allocation during that fiscal year. 07 * Sec. 9. AS 37.06.030(a) is amended to read: 08 (a) For each draw made by a municipality under AS 37.06.010, the 09 municipality shall contribute a local share to the cost of the capital project for which 10 the draw is made. The amount of the local share equals the local share percentage as 11 calculated under (1) of this subsection, divided by the state share percentage as 12 calculated under (2) of this subsection, multiplied by the amount of the draw. For 13 purposes of this subsection, 14 (1) the local share percentage is 15 (A) 30 percent for a municipality with a population of 5,000 or 16 more; 17 (B) for a municipality with a population of 1,000 to and 18 including [-] 4,999, the greater of 19 (i) 15 percent; or 20 (ii) the percentage obtained by dividing the amount that 21 would be received by the municipality from a property tax levy of 22 1/1000 [1/1000TH] of a mill per $1,000 of grant funds received by the 23 sum of that first amount plus the amount of the grant or draw, but not 24 more than 30 percent; 25 (C) for a municipality with a population of under 1,000, the 26 greater of 27 (i) five percent; or 28 (ii) the percentage obtained by dividing the amount that 29 would be received by the municipality from a property tax levy of 30 1/1000 [1/1000TH] of a mill per $1,000 of grant funds received by the 31 sum of that first amount plus the amount of the grant or draw, but not
01 more than 30 percent; 02 (2) the state share percentage equals one minus the local share 03 percentage; 04 (3) the local share to be contributed by a municipality may be satisfied 05 with (A) federal, municipal, or local money; (B) labor, materials, or equipment used 06 directly in the construction of the project, or land, including land transferred by the 07 state to the municipality; the department shall determine the value of a contribution 08 under this subparagraph; (C) money from another nonstate source; (D) money 09 received by the municipality under AS 29.60.655 - 29.60.699 [AS 29.60.010 - 10 29.60.375]; (E) state taxes refunded or reimbursed to the municipality whose use for 11 the purposes of this subsection is not prohibited; (F) allocations of state aid for the 12 costs of school construction debt under AS 14.11.100; and (G) money obtained from 13 the sale or lease of land or other assets transferred by the state to the municipality; 14 except as provided in this paragraph, the local share may not be satisfied with money 15 from, or with the portion of an asset that was obtained with money from, an 16 appropriation, allocation, entitlement, grant, or other payment from the state. 17 * Sec. 10. AS 37.06.030(b) is amended to read: 18 (b) For each draw made by an entity or council under AS 37.06.020, the 19 incorporated entity or Native village council that makes the draw shall contribute a 20 local share of the cost of the capital project for which the draw is made. The amount 21 of the local share equals the local share percentage as calculated under (1) of this 22 subsection, divided by the state share percentage as calculated under (2) of this 23 subsection, multiplied by the amount of the draw. For purposes of this subsection, 24 (1) the local share percentage is five percent; 25 (2) the state share percentage equals one minus the local share 26 percentage; 27 (3) the local share may be satisfied from (A) federal or local money; 28 (B) labor, materials, or equipment used directly in the construction of the project, or 29 land, including land transferred by the state; the department shall determine the value 30 of a contribution under this subparagraph; (C) money from another nonstate source; 31 (D) money received by the unincorporated community under AS 29.60.655 -
01 29.60.699 [AS 29.60.010 - 29.60.375]; or (E) money obtained from the sale or lease of 02 land or other assets transferred by the state; except as provided in this paragraph, the 03 local share may not be satisfied with money from, or with the portion of an asset that 04 was obtained with money from, an appropriation, allocation, entitlement, grant, or 05 other payment from the state. 06 * Sec. 11. AS 37.13.145 is amended by adding a new subsection to read: 07 (e) At the end of the fiscal year, after the transfers under (b) and (c) of this 08 section and subject to appropriation, the corporation shall transfer a municipal 09 dividend from the earnings reserve account to the municipal dividend fund established 10 under AS 29.60.655. The municipal dividend equals the lesser of 11 (1) the amount calculated by multiplying $150 by the number of 12 permanent fund dividends paid by the Department of Revenue during the calendar 13 year immediately preceding the year the transfer is made under this subsection; or 14 (2) the balance of the earnings reserve account on the date of the 15 transfer under this subsection. 16 * Sec. 12. AS 41.15.180(d) is amended to read: 17 (d) From the percentage of the unorganized borough national forest receipts 18 fund allocated to public roads under (b) of this section, the commissioner shall pay to 19 each 20 (1) home rule city, first class city, or second class city that exercises 21 road powers, that is located within the unorganized borough and within a national 22 forest or within 20 miles of a national forest, a share of the income from the roads 23 allocation of the fund; a home rule city, first class city, or second class city's share 24 shall be calculated as the proportion of the number of road miles within municipal 25 boundaries over which the community exercises road powers plus the number of state 26 road miles maintained by the municipality under agreement with the state compared to 27 the total number of road miles maintained by state or local governments in the 28 unorganized borough and within the national forest or within 20 miles of the national 29 forest; 30 (2) municipality organized under federal law as an Indian reserve that 31 existed before the enactment of 43 U.S.C. 1618(a) and is continued in existence under
01 that subsection and that has formed a community development corporation under 02 former AS 29.60.365, that exercises road powers, and that is located within the 03 unorganized borough and within the national forest or within 20 miles of the national 04 forest a share of the income from the roads allocation of the fund; the share due a 05 municipality organized under federal law that exercises road powers shall be 06 calculated as the proportion of the number of road miles within municipal boundaries 07 over which the community exercises road powers plus the number of state road miles 08 maintained by the municipality under agreement with the state compared to the total 09 number of road miles maintained by state or local governments in the unorganized 10 borough and within the national forest or within 20 miles of the national forest; 11 however, the commissioner may pay income from national forest receipts under this 12 paragraph only after the corporation has delivered a written waiver of sovereign 13 immunity from legal action by the state to recover all or a portion of the money 14 distributed under this section. 15 * Sec. 13. AS 29.10.200(55), 29.10.200(56); AS 29.60.010, 29.60.020, 29.60.030, 16 29.60.040, 29.60.050, 29.60.060, 29.60.070, 29.60.080, 29.60.100, 29.60.110, 29.60.120, 17 29.60.130, 29.60.140, 29.60.150, 29.60.160, 29.60.170, 29.60.180, 29.60.280, 29.60.290, 18 29.60.300, 29.60.310, 29.60.350, 29.60.360, 29.60.365, 29.60.370, 29.60.372, 29.60.373, and 19 29.60.375 are repealed. 20 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION. Notwithstanding AS 37.06.020(b), as amended in sec. 8 of this Act, 23 an unincorporated community that was entitled to receive state aid for fiscal year 2001 under 24 former AS 29.60.140 is eligible for an allocation for fiscal year 2002 under AS 37.06.020(b). 25 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 REVISOR'S INSTRUCTION. In AS 37.06.010(g), 37.06.030(c), and 28 AS 42.45.110(b), the revisor of statutes shall change the statute reference from AS 29.60.020 29 to AS 29.60.660(c). 30 * Sec. 16. This Act takes effect June 30, 2001.