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HB 398: "An Act relating to disposition of income of the Alaska permanent fund; and providing for an effective date."

00 HOUSE BILL NO. 398 01 "An Act relating to disposition of income of the Alaska permanent fund; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.13.145(b) is amended to read: 05 (b) After the transfers under (c) and (e) of this section, at [AT] the end of 06 each fiscal year, the corporation shall transfer from the earnings reserve account to the 07 dividend fund established under AS 43.23.045, 50 percent of the income available for 08 distribution under AS 37.13.140 minus any amount transferred under (e) of this 09 section, or the balance in the account, whichever is less. 10 * Sec. 2. AS 37.13.145(c) is amended to read: 11 (c) At the end of each fiscal year [AFTER THE TRANSFER UNDER (b) 12 OF THIS SECTION], the corporation shall transfer from the earnings reserve account 13 to the principal of the fund an amount sufficient to offset the effect of inflation on 14 principal of the fund during that fiscal year. The corporation shall calculate the

01 amount to transfer to the principal under this subsection by 02 (1) computing the average of the monthly United States Consumer 03 Price Index for all urban consumers for each of the two previous calendar years; 04 (2) computing the percentage change between the first and second 05 calendar year average; and 06 (3) applying that rate to the value of the principal of the fund on the 07 last day of the fiscal year just ended. 08 * Sec. 3. AS 37.13.145(d) is amended to read: 09 (d) Notwithstanding (b) and (e) of this section, income earned on money 10 awarded in or received as a result of State v. Amerada Hess, et al., 1JU-77-847 Civ. 11 (Superior Court, First Judicial District), including settlement, summary judgment, or 12 adjustment to a royalty-in-kind contract that is tied to the outcome of this case, or 13 interest earned on the money, or on the earnings of the money shall be treated in the 14 same manner as other income of the Alaska permanent fund, except that it is not 15 available for distribution to the dividend fund, and shall be annually deposited into the 16 principal of the Alaska permanent fund. 17 * Sec. 4. AS 37.13.145 is amended by adding a new subsection to read: 18 (e) If, on June 30 of any fiscal year, the balance in the budget reserve fund 19 (art. IX, sec. 17, Constitution of the State of Alaska) is less than $1,500,000,000, the 20 commissioner of revenue shall notify the corporation of the amount necessary to bring 21 the budget reserve fund balance up to $1,500,000,000. After the transfer under (c) of 22 this section, the corporation shall transfer to the budget reserve fund from the earnings 23 reserve account the amount identified by the commissioner or the balance in the 24 account, whichever is less. 25 * Sec. 5. This Act takes effect June 29, 2002.