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HB 325: "An Act relating to receipts of certain state agencies and the accounting for and disposition of those receipts; and providing for an effective date."

00 HOUSE BILL NO. 325 01 "An Act relating to receipts of certain state agencies and the accounting for and 02 disposition of those receipts; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 PURPOSE. The designation of program receipts for specific purposes, subject to 07 appropriation, is a policy that allows the segregation of unrestricted general fund revenue into 08 special-purpose accounts. It is a purpose of this Act to end that fiscal policy. The practice 09 has certain of the faults sought to be prevented by the dedicated fund prohibition set out in 10 art. IX, sec. 7, of the Alaska Constitution. The practice of designating program receipts 11 effectively limits the discretion of the legislature to expend receipts for any public purpose. 12 The practice creates constituent interests that actively support the continuance of 13 appropriations for specific purposes. The purpose of this Act also is to reduce the number of 14 funding sources for appropriations so that the amount of expenditures of unrestricted state

01 revenue is readily apparent. 02 * Sec. 2. AS 12.25.195(c) is amended to read: 03 (c) Disposition of an offense under (a) of this section may not occur unless the 04 person cited for the offense pays the surcharge prescribed in AS 12.55.039 in addition 05 to the scheduled bail or fine amount. The surcharge required to be paid under this 06 subsection shall be deposited into the general fund [AND ACCOUNTED FOR 07 UNDER AS 37.05.142]. 08 * Sec. 3. AS 12.62.160(d) is amended to read: 09 (d) Notwithstanding AS 40.25, a criminal justice agency may charge fees, 10 established by regulation or municipal ordinance, for processing requests for records 11 under this chapter, unless the request is from a criminal justice agency or is required 12 for purposes of discovery in a criminal case. In addition to fees charged under 13 AS 44.41.025 for processing fingerprints through the Alaska automated fingerprint 14 system, the department may charge fees for other services in connection with the 15 processing of information requests, including fees for contacting other jurisdictions to 16 determine the disposition of an out-of-state arrest or to clarify the nature of an out-of- 17 state conviction. The department may also collect and account for fees charged by the 18 Federal Bureau of Investigation for processing fingerprints forwarded to the bureau by 19 the department. [THE ANNUAL ESTIMATED BALANCE IN THE ACCOUNT 20 MAINTAINED BY THE COMMISSIONER OF ADMINISTRATION UNDER 21 AS 37.05.142 MAY BE USED BY THE LEGISLATURE TO MAKE 22 APPROPRIATIONS TO THE DEPARTMENT TO CARRY OUT THE PURPOSES 23 OF THIS CHAPTER.] 24 * Sec. 4. AS 14.40.368 is amended to read: 25 Sec. 14.40.368. Encumbrances and trespasses. Except as provided in 26 AS 14.40.365(b), for the land selected by the University of Alaska under 27 AS 14.40.365 that is subject to a lease, license, contract, prospecting site, claim, sale, 28 permit, right-of-way, or easement, or to trespass, 29 (1) if the lease, license, contract, prospecting site, claim, sale, permit, 30 right-of-way, easement, or trespass 31 (A) existed before the selection of the land by the University of

01 Alaska, the state is entitled to receive the income obtained from the lease, 02 license, contract, prospecting site, claim, sale, permit, right-of-way, easement, 03 or trespass until the land is conveyed to the University of Alaska by the 04 issuance of a document of interim conveyance or a patent; 05 (B) did not exist before the selection of the land by the 06 University of Alaska, the income obtained from the lease, license, contract, 07 prospecting site, claim, sale, permit, right-of-way, or easement, or from 08 trespass 09 (i) before the recording of the conveyance to the 10 University of Alaska by the issuance of a document of interim 11 conveyance or a patent shall be separately accounted for [UNDER 12 AS 37.05.142], and the legislature may appropriate the balance of the 13 account to the University of Alaska; nothing in this sub-subparagraph 14 creates a dedicated fund; 15 (ii) on the date of and after the recording of the 16 conveyance to the University of Alaska by the issuance of a document 17 of interim conveyance or a patent is the property of the University of 18 Alaska; 19 (2) the responsibility for the management of the land vests with the 20 University of Alaska on the date of recording of the conveyance of the land to the 21 university by a document of interim conveyance or patent. 22 * Sec. 5. AS 18.65.225 is amended to read: 23 Sec. 18.65.225. Alaska police training fund. The Alaska police training 24 fund is created in the general fund. The fund consists of appropriations made by the 25 legislature to the fund. [THE LEGISLATURE MAY APPROPRIATE TO THE 26 FUND THE ANNUAL ESTIMATED BALANCE IN THE ACCOUNTS 27 MAINTAINED UNDER AS 37.05.142 FOR MONEY COLLECTED UNDER 28 AS 12.25.195(c), AS 12.55.039, AS 28.05.151, AND AS 29.25.074.] The legislature 29 may make appropriations from the fund to (1) the Department of Public Safety for the 30 Public Safety Training Academy, including Village Public Safety Officers, (2) the 31 Alaska Police Standards Council to provide training for the law enforcement and

01 corrections community of the state under AS 18.65.230, and (3) municipalities that 02 conduct their own police training programs. Nothing in this section creates a 03 dedicated fund. 04 * Sec. 6. AS 28.05.151(c) is amended to read: 05 (c) The supreme court shall require as a condition of the disposition of an 06 offense without appearance that a person charged with any offense for which a bail 07 forfeiture amount has been adopted shall pay the surcharge prescribed in 08 AS 12.55.039 in addition to the bail forfeiture amount established by the supreme 09 court. The surcharge required to be paid under this subsection shall be deposited into 10 the general fund [AND ACCOUNTED FOR UNDER AS 37.05.142]. 11 * Sec. 7. AS 29.25.074(a) is amended to read: 12 (a) A municipality may not enforce a penalty for violation of an ordinance for 13 which a surcharge is required to be imposed under AS 12.55.039 unless the 14 municipality authorizes the imposition of and provides for the collection of the 15 surcharge. The surcharge shall be deposited into the general fund of the state [AND 16 ACCOUNTED FOR UNDER AS 37.05.142]. Subject to appropriation, the legislature 17 may reimburse a municipality that collects a surcharge required to be imposed under 18 AS 12.55.039 for the cost to the municipality in collecting the surcharge and 19 transmitting the surcharge to the state. The reimbursement may not exceed 10 percent 20 of the surcharge collected and transmitted to the state. 21 * Sec. 8. AS 37.05.146(b) is amended to read: 22 (b) The [PROGRAM] receipts listed in this subsection are accounted for 23 separately, and appropriations from these [PROGRAM] receipts are not made from 24 the unrestricted general fund: 25 (1) federal receipts; 26 (2) University of Alaska receipts (AS 14.40.491); 27 (3) trust or custodial receipts [DESIGNATED PROGRAM 28 RECEIPTS; IN THIS PARAGRAPH, "DESIGNATED PROGRAM RECEIPTS" 29 MEANS MONEY RECEIVED BY THE STATE FROM A SOURCE OTHER THAN 30 THE STATE OR FEDERAL GOVERNMENT THAT IS] restricted to a specific use 31 by the terms of a gift, grant, bequest, or contract;

01 (4) receipts of or from the trust established by AS 37.14.400 - 02 37.14.450, except reimbursements described in AS 37.14.410[; 03 (5) RECEIPTS OF THE ALASKA FIRE STANDARDS COUNCIL 04 FOR WHICH A TAXPAYER IS ALLOWED A CREDIT UNDER AS 21.89.075]. 05 * Sec. 9. AS 37.05.146(c) is amended to read: 06 (c) The [PROGRAM] receipts of the following are accounted for separately, 07 and appropriations from these [PROGRAM] receipts are not made from the 08 unrestricted general fund: 09 (1) highway working capital fund (AS 44.68.210); 10 (2) correctional industries fund (AS 33.32.020); 11 (3) loan funds; 12 (4) international airport revenue fund (AS 37.15.430); 13 (5) corporate receipts earned or managed by a public corporation of the 14 state; 15 (6) fish and game fund (AS 16.05.100); 16 (7) school fund (AS 43.50.140); 17 (8) training and building fund (AS 23.20.130); 18 (9) retirement funds (AS 14.25, AS 22.25, AS 26.05.222, AS 39.35, 19 and former AS 39.37); 20 (10) permanent fund (art. IX, sec. 15, Alaska Constitution); 21 (11) public school trust fund (AS 37.14.110); 22 (12) second injury fund (AS 23.30.040); 23 (13) fishermen's fund (AS 23.35.060); 24 (14) FICA administration fund (AS 39.30.050); 25 (15) receipts of the employee benefits program established under 26 AS 39.30.150 - 39.30.180; 27 (16) receipts of the deferred compensation program established under 28 AS 39.45; 29 (17) clean air protection fund (AS 46.14.260); 30 (18) receipts of the group insurance programs established under 31 AS 39.30.090;

01 (19) mental health trust fund (AS 37.14.031); 02 (20) Alaska children's trust (AS 37.14.200); 03 (21) [COMMERCIAL FISHERIES TEST FISHING OPERATIONS 04 (AS 16.05.050(a)(15)); 05 (22) REGULATORY COMMISSION OF ALASKA UNDER 06 AS 42.05 AND AS 42.06; 07 (23) ALASKA OIL AND GAS CONSERVATION COMMISSION 08 UNDER AS 31.05; 09 (24) RECEIPTS OF THE DEPARTMENT OF COMMUNITY AND 10 ECONOMIC DEVELOPMENT UNDER AS 08.01.065 (a), (c), AND (f); 11 (25) RECEIPTS FROM THE SEAFOOD MARKETING 12 ASSESSMENT UNDER AS 16.51.120 - 16.51.170, THE SALMON MARKETING 13 TAX UNDER AS 43.76.110 - 43.76.130, AND OTHER RECEIPTS OF THE 14 ALASKA SEAFOOD MARKETING INSTITUTE; 15 (26) THE ADMINISTRATIVE COST CHARGE UNDER 16 AS 44.33.113 FOR THE STATE'S ROLE IN THE FEDERAL COMMUNITY 17 DEVELOPMENT QUOTA PROGRAM; 18 (27) DIVE FISHERY MANAGEMENT ASSESSMENT RECEIPTS 19 (AS 43.76.150), SALMON FISHERY ASSESSMENT RECEIPTS (AS 43.76.220), 20 AND PERMIT BUY-BACK ASSESSMENT RECEIPTS (AS 43.76.300); 21 (28) PROCESS SERVICE FEES COLLECTED BY THE 22 DEPARTMENT OF PUBLIC SAFETY; 23 (29) ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION 24 UNDER AS 16.05.490, 16.05.530, and AS 16.43; 25 (30) RECEIPTS OF THE ALASKA VOCATIONAL TECHNICAL 26 CENTER; 27 (31) ALASKA PIONEERS' HOME CARE AND SUPPORT 28 RECEIPTS UNDER AS 47.55.030; 29 (32)] receipts of the Department of Transportation and Public Facilities 30 from tolls charged for use of the Whittier Tunnel; 31 [(33) RECEIPTS OF THE DEPARTMENT OF COMMUNITY AND

01 ECONOMIC DEVELOPMENT, DIVISION OF INSURANCE, FROM LICENSE 02 FEES AND FEES FOR SERVICES; 03 (34) RECEIPTS OF THE DIVISION OF THE DEPARTMENT OF 04 COMMUNITY AND ECONOMIC DEVELOPMENT THAT REGULATES 05 BANKING, SECURITIES, AND CORPORATIONS; 06 (35) RECEIPTS OF THE DEPARTMENT OF CORRECTIONS 07 FROM THE ELECTRONIC PRISONER MONITORING PROGRAM UNDER 08 AS 33.30.065(d); 09 (36) RECEIPTS OF THE DEPARTMENT OF CORRECTIONS 10 FROM THE OPERATION OF COMMUNITY RESIDENTIAL CENTERS; 11 (37) RECEIPTS OF THE ALASKA POLICE STANDARDS 12 COUNCIL; 13 (38) RECEIPTS OF THE DEPARTMENT OF PUBLIC SAFETY 14 FROM FEES FOR FIRE AND LIFE SAFETY PLAN CHECKS UNDER 15 AS 18.70.080(b); 16 (39) RECEIPTS OF THE DEPARTMENT OF TRANSPORTATION 17 AND PUBLIC FACILITIES FROM THE MESAUREMENT STANDARDS AND 18 COMMERCIAL VEHICLE ENFORCEMENT PROGRAM; 19 (40) RECEIPTS OF THE DEPARTMENT OF EDUCATION AND 20 EARLY DEVELOPMENT FOR TEACHER CERTIFICATION UNDER 21 AS 14.20.020; 22 (41) RECEIPTS OF THE PROFESSIONAL TEACHING 23 PRACTICES COMMISSION FROM PROFESSIONAL CERTIFICATION FEES; 24 (42) RECEIPTS OF THE DEPARTMENT OF HEALTH AND 25 SOCIAL SERVICES, BUEAU OF VITAL STATISTICS; 26 (43) RECEIPTS OF THE DEPARTMENT OF CORRECTIONS 27 FROM THE INMATE TELEPHONE SYSTEM; 28 (44) RECEIPTS OF THE DEPARTMENT OF PUBLIC SAFETY 29 FROM THE ALASKA AUTOMATED FINGERPRINT SYSTEM UNDER 30 AS 44.41.025(b); 31 (45) RECEIPTS OF THE DEPARTMENT OF ADMINISTRATION

01 FROM THE BOAT REGISTRATION PROGRAM UNDER AS 05.25.096; 02 (46) STATE LAND DISPOSAL PROGRAM (AS 38.04.022); 03 (47) SHORE FISHERIES DEVELOPMENT LEASE PROGRAM 04 ACCOUNT (AS 38.05.082(f)); 05 (48) TIMBER RECEIPTS ACCOUNT (AS 38.05.110); 06 (49) WORKERS' SAFETY AND COMPENSATION 07 ADMINISTRATION ACCOUNT (AS 23.05.067); 08 (50) RECEIPTS OF FEES FOR RECORDING AND RELATED 09 SERVICES OF THE DEPARTMENT OF NATURAL RESOURCES 10 (AS 40.17.030(a)(10), 40.17.070; AS 44.37.025(b), 44.37.027(c); AS 45.29.303(b), 11 45.29.525, AND 45.29.619(b)); 12 (51) RECEIPTS DESCRIBED IN AS 46.03.482(b)(1) AND (2) 13 RECEIVED UNDER THE COMMERCIAL PASSENGER VESSEL 14 ENVIRONMENTAL COMPLIANCE PROGRAM; 15 (52) RECEIPTS OF THE DEPARTMENT OF COMMUNITY AND 16 ECONOMIC DEVELOPMENT FOR FEES FOR BUSINESS LICENSES AND 17 LICENSE ENDORSEMENTS UNDER AS 43.70; 18 (53) RECEIPTS OF FEES FOR CERTAIN INSPECTIONS 19 DEPOSITED UNDER AS 18.60.360, 18.60.800, AND AS 18.62.030 IN THE 20 BUILDING SAFETY ACCOUNT CREATED UNDER AS 44.31.025;] 21 (22) [(54)] passenger facility charges collected at state-owned and 22 operated airports under Federal Aviation Administration guidelines[; 23 (55) MONEY RECEIVED BY THE DEPARTMENT OF 24 ENVIRONMENTAL CONSERVATION FROM THE INSPECTION OF FOOD 25 UNDER AS 17.20; 26 (56) FEES RECEIVED BY THE DEPARTMENT OF NATURAL 27 RESOURCES UNDER AS 41.21.026 FOR THE USE OF STATE PARK SYSTEM 28 FACILITIES; 29 (57) APPLICATION AND RENEWAL FEES RECEIVED BY THE 30 DEPARTMENT OF PUBLIC SAFETY UNDER AS 18.65.400 - 18.65.490 FOR 31 LICENSES FOR SECURITY GUARDS AND SECURITY GUARD AGENCIES;

01 (58) FEES RECEIVED BY THE DEPARTMENT OF PUBLIC 02 SAFETY UNDER AS 18.65.700 - 18.65.790 FOR THE ISSUANCE, RENEWAL, 03 AND REPLACEMENT OF PERMITS TO CARRY CONCEALED HANDGUNS; 04 (59) MONETARY RECOVERIES BY THE DEPARTMENT OF 05 HEALTH AND SOCIAL SERVICES OF MEDICAID EXPENDITURES FROM 06 RECIPIENTS, THIRD PARTIES, AND PROVIDERS UNDER AS 47; 07 (60) THE STATE'S SHARE OF OVERPAYMENTS COLLECTED 08 BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES UNDER 09 AS 47.05.080; 10 (61) INCOME RECEIVED BY THE DEPARTMENT OF HEALTH 11 AND SOCIAL SERVICES FROM A STATE OR FEDERAL AGENCY FOR 12 CHILDREN IN FOSTER CARE UNDER AS 47.14.100; 13 (62) FEES RECEIVED BY THE DEPARTMENT OF HEALTH AND 14 SOCIAL SERVICES UNDER AS 44.29.022 FOR NURSING AND PLANNING 15 SERVICES PROVIDED AT HEALTH CENTERS; 16 (63) FEES RECEIVED BY THE DEPARTMENT OF HEALTH AND 17 SOCIAL SERVICES UNDER AS 44.29.022 FOR GENETIC SCREENING CLINICS 18 AND SPECIALTY CLINICS; 19 (64) FEES RECEIVED BY THE DEPARTMENT OF HEALTH AND 20 SOCIAL SERVICES UNDER AS 18.08.080 FOR THE CERTIFICATION OF 21 EMERGENCY MEDICAL TECHNICIANS, EMERGENCY MEDICAL 22 DISPATCHERS, AND EMERGENCY MEDICAL TECHNICIAN INSTRUCTORS; 23 (65) FEES COLLECTED BY THE DEPARTMENT OF HEALTH 24 AND SOCIAL SERVICES UNDER AS 44.29.022 FROM THE CERTIFICATION 25 OF X-RAY MACHINES; 26 (66) FEES COLLECTED UNDER AS 44.29.022 BY THE 27 DEPARTMENT OF HEALTH AND SOCIAL SERVICES UNDER THE ALCOHOL 28 SAFETY ACTION PROGRAM; 29 (67) FEES RECEIVED BY THE DEPARTMENT OF HEALTH AND 30 SOCIAL SERVICES UNDER AS 47.33.910 FOR LICENSING ASSISTED LIVING 31 HOMES;

01 (68) CHARGES, RENTALS, AND FEES FOR AIRPORT OR AIR 02 NAVIGATION FACILITY CONTRACTS, LEASES, AND OTHER 03 ARRANGEMENTS UNDER AS 02.15.020 AND 02.15.090; 04 (69) FEES FOR UTILITY FACILITY PERMITS UNDER 05 AS 02.15.102, ENCROACHMENT PERMITS UNDER AS 02.15.106, UTILITY 06 RIGHT-OF-WAY PERMITS UNDER AS 19.25.010, AND UTILITY FACILITY 07 PERMITS UNDER AS 35.10.210; 08 (70) RECOVERIES OF REPAIR COSTS FOR DAMAGE TO 09 HIGHWAY FIXTURES; 10 (71) THE STATE'S SHARE OF CHILD SUPPORT COLLECTIONS 11 FOR REIMBURSEMENT OF THE COST OF THE ALASKA TEMPORARY 12 ASSISTANCE PROGRAM AS PROVIDED UNDER AS 25.27.120, 25.27.130, AND 13 AS 47.27.040; 14 (72) VEHICLE REGISTRATION FEES COLLECTED UNDER 15 AS 28.10.421 AND OTHER FEES AND CHARGES COLLECTED UNDER 16 AS 28.10.441; 17 (73) FEES FOR DRIVERS' LICENSES, DRIVERS' PERMITS, 18 RENEWALS, AND DRIVER SKILLS TESTS COLLECTED UNDER AS 28.15.271; 19 (74) USER FEES AND OTHER FEES COLLECTED BY THE 20 DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT UNDER 21 AS 14.57.010; 22 (75) STUDENT TUITION AND OTHER FEES RELATED TO 23 SCHOOLS THAT ARE OPERATED BY THE STATE AND COLLECTED UNDER 24 AS 14.07.030; 25 (76) RECEIPTS OF FEES FOR REGISTRATION AND RENEWAL 26 OF REGISTRATION FOR THE SALE OF BUSINESS OPPORTUNITIES UNDER 27 AS 45.66.040]. 28 * Sec. 10. AS 37.07.080(h) is amended to read: 29 (h) The increase of an appropriation item based on additional federal [OR 30 OTHER PROGRAM] receipts not specifically appropriated by the full legislature may 31 be expended in accordance with the following procedures:

01 (1) the governor shall submit a revised program to the Legislative 02 Budget and Audit Committee for review; 03 (2) 45 days shall elapse before commencement of expenditures under 04 the revised program unless the Legislative Budget and Audit Committee earlier 05 recommends that the state take part in the federally [OR OTHERWISE] funded 06 activity; 07 (3) should the Legislative Budget and Audit Committee recommend 08 within the 45-day period that the state not initiate the additional activity, the governor 09 shall again review the revised program and if the governor determines to authorize the 10 expenditure, the governor shall provide the Legislative Budget and Audit Committee 11 with a statement of the governor's reasons before commencement of expenditures 12 under the revised program. 13 * Sec. 11. AS 37.10.050(a) is amended to read: 14 (a) A state agency may not charge a fee for the provision of state services 15 unless the fee (1) is set or otherwise authorized by statute; and (2) where a regulation 16 is necessary, is set by or provided for in a regulation that meets the standards of 17 AS 44.62.020 and 44.62.030. Unless specifically exempted by statute, a state agency 18 authorized to collect or receive fees, licenses, taxes, or other money belonging to the 19 state shall account for and remit the receipts, less fees to which the collector is entitled 20 by statute or regulation, to the Department of Revenue at least once each month. 21 [THE COMMISSIONER OF ADMINISTRATION SHALL SEPARATELY 22 ACCOUNT UNDER AS 37.05.142 FOR RECEIPTS DEPOSITED UNDER THIS 23 SUBSECTION.] A fee or other charge that is set by regulation may not exceed the 24 estimated actual costs of the state agency in administering the activity or providing the 25 service unless otherwise provided by the statute under which the regulation is adopted; 26 however, this limitation does not apply to sale or lease of property by a state agency or 27 fees charged by a resource agency for a designated regulatory service as defined in 28 AS 37.10.058. 29 * Sec. 12. AS 38.95.260 is amended to read: 30 Sec. 38.95.260. Disposition of sale proceeds seven years after the 31 judgment of escheat. Seven years after the judgment of escheat, net proceeds from

01 the sale of escheated real property may be transferred from the escheated real property 02 trust account to the general fund [AND CREDITED TO THE LAND DISPOSAL 03 INCOME ACCOUNT UNDER AS 38.04.022], unless a person who was the owner or 04 one of the owners of the property when the property escheated to the state has 05 outstanding child support obligations, in which case the proportion of the net proceeds 06 that is attributable to the ownership interest of the person shall be applied to the 07 satisfaction of the child support obligations and the balance remaining after the 08 satisfaction shall be credited to the land disposal income account. 09 * Sec. 13. AS 43.50.350 is amended to read: 10 Sec. 43.50.350. Deposit of proceeds. The tax collected by the department 11 shall be deposited in the general fund. [THE ANNUAL ESTIMATED BALANCE IN 12 THE ACCOUNT MAINTAINED BY THE COMMISSIONER OF 13 ADMINISTRATION UNDER AS 37.05.142 MAY BE USED BY THE 14 LEGISLATURE TO MAKE APPROPRIATIONS FOR HEALTH CARE, HEALTH 15 RESEARCH, HEALTH PROMOTION, AND HEALTH EDUCATION 16 PROGRAMS.] 17 * Sec. 14. AS 43.55.211 is amended to read: 18 Sec. 43.55.211. Use of revenue derived from surcharge. The legislature 19 may appropriate from the general fund an amount equal to the [ANNUAL 20 ESTIMATED BALANCE OF THE ACCOUNT MAINTAINED UNDER 21 AS 37.05.142 FOR DEPOSITS INTO THE GENERAL FUND OF THE] proceeds of 22 the surcharge levied under AS 43.55.201 to the response account in the oil and 23 hazardous substance release prevention and response fund established by 24 AS 46.08.010. 25 * Sec. 15. AS 43.55.221(a) is amended to read: 26 (a) Not later than 30 days after the end of each calendar quarter, the 27 commissioner of administration shall determine, as of the end of that quarter, the fiscal 28 year's 29 (1) unreserved and unobligated balance in the response account of the 30 oil and hazardous substance release prevention and response fund established in 31 AS 46.08.010; for purposes of this paragraph, the "unreserved and unobligated balance

01 in the response account" means the cash balance of the account less the sum of 02 (A) reserves for outstanding appropriations from the account; 03 (B) encumbrances of money in the account; and 04 (C) other liabilities of the account; 05 (2) [BALANCE OF THE ACCOUNT MAINTAINED UNDER 06 AS 37.05.142 THAT ACCOUNTS FOR THE] proceeds of the surcharge that are 07 deposited in the general fund; 08 (3) the balance of the response mitigation account established by 09 AS 46.08.025(b) that originated from the sources described in AS 46.08.025(a)(3) and 10 that is available for appropriation to the response account of the fund established in 11 AS 46.08.010. 12 * Sec. 16. AS 43.55.231(b) is amended to read: 13 (b) The amount of money required to be appropriated from the general fund to 14 the response account in the oil and hazardous substance release prevention and 15 response fund by (a) of this section is the amount, determined for the last day of the 16 preceding fiscal year, that is the sum of the actual or estimated balance of 17 (1) [THE ACCOUNT MAINTAINED UNDER AS 37.05.142 TO 18 ACCOUNT FOR] all proceeds of the surcharge that are deposited into the general 19 fund; and 20 (2) the portion of the balance of the response mitigation account 21 established by AS 46.08.025(b) that originated from the recovery of money described 22 in AS 46.08.025(a)(3). 23 * Sec. 17. AS 43.55.310 is amended to read: 24 Sec. 43.55.310. Use of revenue derived from surcharge. The legislature 25 may appropriate from the general fund an amount equal to [THE ANNUAL 26 ESTIMATED BALANCE OF THE ACCOUNT MAINTAINED UNDER 27 AS 37.05.142 FOR DEPOSITS INTO THE GENERAL FUND OF] the proceeds of 28 the surcharge levied under AS 43.55.300 to the oil and hazardous substance release 29 prevention account in the oil and hazardous substance release prevention and response 30 fund established by AS 46.08.010. 31 * Sec. 18. AS 43.76.190(d) is amended to read:

01 (d) The dive fishery management assessment collected under this section shall 02 be deposited in the state treasury. [UNDER AS 37.05.146(c), ASSESSMENT 03 RECEIPTS SHALL BE ACCOUNTED FOR SEPARATELY, AND 04 APPROPRIATIONS FROM THE ACCOUNT ARE NOT MADE FROM THE 05 UNRESTRICTED GENERAL FUND.] 06 * Sec. 19. AS 43.76.310(d) is amended to read: 07 (d) A permit buy-back assessment collected under this section shall be 08 deposited in the state treasury. [THE DEPARTMENT SHALL SEPARATELY 09 ACCOUNT FOR THE AMOUNTS COLLECTED AND INTEREST ACCRUED ON 10 THE AMOUNTS COLLECTED FOR EACH PERMIT BUY-BACK ASSESSMENT 11 IMPOSED UNDER AS 43.76.300. THE LEGISLATURE MAY APPROPRIATE 12 REVENUE GENERATED BY A PERMIT BUY-BACK ASSESSMENT AND 13 INTEREST ACCRUED ON THE ASSESSMENT TO THE BUY-BACK FUND 14 ESTABLISHED FOR THE FISHERY IN WHICH THE ASSESSMENT WAS 15 COLLECTED FOR THE PURPOSE OF SUPPORTING THE BUY-BACK 16 PROGRAM FOR THAT FISHERY UNDER AS 16.43.310 AND 16.43.320.] 17 * Sec. 20. AS 44.33.113(c) is amended to read: 18 (c) The aggregate total of administrative cost charges to all CDQ groups for a 19 fiscal year shall approximately equal, but may not exceed, the appropriations 20 authorized for that fiscal year for the state's role under AS 44.33.020(11), less 21 [(1) APPROPRIATIONS FROM SOURCES OF PROGRAM 22 RECEIPTS UNDER AS 37.05.146(b) AND (c) NOT COLLECTED UNDER THIS 23 SECTION; AND 24 (2)] any reappropriations of charges collected under this section. 25 * Sec. 21. AS 44.33.113(g) is amended to read: 26 (g) The department shall collect and enforce the administrative cost charge 27 assessed under this section. The receipts from the charge assessed under this section 28 shall be deposited in [THE COMMUNITY DEVELOPMENT QUOTA PROGRAM 29 ACCOUNT IN] the state treasury. [UNDER AS 37.05.146(c), RECEIPTS FROM 30 CHARGES COLLECTED UNDER THIS SECTION SHALL BE ACCOUNTED 31 FOR SEPARATELY, AND APPROPRIATIONS FROM THE ACCOUNT ARE

01 NOT MADE FROM THE UNRESTRICTED GENERAL FUND. THE 02 LEGISLATURE MAY APPROPRIATE MONEY FROM THE COMMUNITY 03 DEVELOPMENT QUOTA PROGRAM ACCOUNT FOR EXPENDITURES BY 04 THE DEPARTMENT FOR NECESSARY COSTS INCURRED BY THE 05 DEPARTMENT IN IMPLEMENTING ANY ASSIGNED ROLE UNDER 06 AS 44.33.020(11) OR FOR ANY OTHER PUBLIC PURPOSE.] 07 * Sec. 22. AS 46.08.020(a) is amended to read: 08 (a) The legislature may appropriate from the following sources to the 09 prevention account in the fund: 10 (1) from the general fund an amount equal to [THE ANNUAL 11 ESTIMATED BALANCE OF THE ACCOUNT MAINTAINED UNDER 12 AS 37.05.142 FOR DEPOSITS INTO THE GENERAL FUND OF] the proceeds of 13 the oil conservation surcharge levied by AS 43.55.300; 14 (2) money received from other state sources, from federal or other 15 sources, or from a private donor; 16 (3) money recovered or otherwise received from parties responsible for 17 the containment and cleanup of oil or a hazardous substance at a specific site, but 18 excluding money 19 (A) from performance bonds and other forms of financial 20 responsibility held in escrow pending satisfactory performance of a privately 21 financed response action; and 22 (B) described in AS 46.08.025(a)(3); and 23 (4) fines, penalties, or damages recovered under AS 46.08.005 - 24 46.08.080 or other law for costs incurred by the state as a result of the release or 25 threatened release of oil or a hazardous substance[; AND 26 (5) THE INTEREST EARNED ON THE BALANCE OF THE 27 ACCOUNTS MAINTAINED UNDER AS 37.05.142 FOR DEPOSITS INTO THE 28 GENERAL FUND FROM THE PROCEEDS OF THE SURCHARGES LEVIED 29 UNDER AS 43.55.201 AND 43.55.300]. 30 * Sec. 23. AS 46.08.025(a) is amended to read: 31 (a) The legislature may appropriate from the following sources to the oil and

01 hazardous substance release response account in the fund: 02 (1) from the general fund, an amount equal to [THE ANNUAL 03 ESTIMATED BALANCE OF THE ACCOUNT MAINTAINED UNDER 04 AS 37.05.142 FOR DEPOSIT INTO THE GENERAL FUND OF] the proceeds of the 05 oil conservation surcharge levied by AS 43.55.201; 06 (2) money received from other state sources, from federal or other 07 sources, or from a private donor; and 08 (3) money recovered or otherwise received from parties responsible for 09 the containment and cleanup of oil or a hazardous substance at a specific site for 10 which the state expended money from the former oil and hazardous substance release 11 response fund before October 2, 1994 or for which the state expended money from the 12 response account, but excluding 13 (A) money from performance bonds and other forms of 14 financial responsibility held in escrow pending satisfactory performance of a 15 privately financed response action; 16 (B) fines, penalties, and damages described in 17 AS 46.08.020(a)(4). 18 * Sec. 24. AS 04.11.590(c); AS 05.25.096(b); AS 12.55.036(g), 12.55.039(d); 19 AS 13.26.410(f); AS 14.20.020(e); AS 18.50.225(d), 18.50.272(e); AS 18.60.360(c), 20 18.60.800(f), 18.60.810(f); AS 18.62.030(b); AS 23.05.067(e); AS 25.27.125(b); 21 AS 37.05.142, 37.05.144, 37.05.146(a); AS 37.10.420(a)(1)(B); AS 38.04.022; 22 AS 38.05.082(f), 38.05.110(b); AS 40.17.075; AS 41.23.470(e); AS 44.31.025; 23 AS 44.33.113(c)(1), 44.33.113(g); AS 44.37.025(f), 44.37.027(f); AS 45.29.530; 24 AS 45.66.040(b); AS 46.03.482, and 46.03.490(5) are repealed. 25 * Sec. 25. This Act takes effect July 1, 2004.