SB 328: "An Act relating to the national forest income program in the Department of Community and Economic Development and to the authority of the department to adopt regulations; and providing for an effective date."
00 SENATE BILL NO. 328 01 "An Act relating to the national forest income program in the Department of 02 Community and Economic Development and to the authority of the department to adopt 03 regulations; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 41.15.180 is amended by adding new subsections to read: 06 (k) The department may adopt regulations necessary to implement this section 07 that are consistent with federal law. 08 (l) If any provision of this section is determined by the department to be in 09 conflict with federal requirements regarding the allocation of money received by the 10 state from the federal government under (a) of this section, the provision that is in 11 conflict is inoperative to the extent of the conflict. The determination does not affect 12 the operation of any other provision of this section. Upon a determination that a 13 provision of this section is in conflict with federal requirements regarding the 14 allocation of money received from the federal government, the department may adopt
01 regulations that modify the requirements of that provision to the extent necessary to 02 comply with the federal requirements. 03 * Sec. 2. AS 44.33.020 is amended by adding a new section to read: 04 (b) The department may adopt regulations necessary to carry out its statutory 05 functions. 06 * Sec. 3. AS 44.33.113(a) is amended to read: 07 (a) If the governor delegates duties as described in AS 44.33.020(a)(11) 08 [AS 44.33.020(11)] to the department, the department shall determine and assess an 09 annual administrative cost charge for the administration of the state's role in the 10 federal community development quota program. The department shall by regulation 11 establish the method for implementing the charge in accordance with the provisions of 12 this section. The department shall assess the charges on community development 13 quota groups with approved community development plans for the fiscal year for 14 which the charge is applicable. The community development quota group shall pay the 15 charge. 16 * Sec. 4. AS 44.33.113(c) is amended to read: 17 (c) The aggregate total of administrative cost charges to all CDQ groups for a 18 fiscal year shall approximately equal, but may not exceed, the appropriations 19 authorized for that fiscal year for the state's role under AS 44.33.020(a)(11) 20 [AS 44.33.020(11)], less 21 (1) appropriations from sources of program receipts under 22 AS 37.05.146(b) and (c) not collected under this section; and 23 (2) any reappropriations of charges collected under this section. 24 * Sec. 5. AS 44.33.113(g) is amended to read: 25 (g) The department shall collect and enforce the administrative cost charge 26 assessed under this section. The receipts from the charge assessed under this section 27 shall be deposited in the community development quota program account in the state 28 treasury. Under AS 37.05.146(c), receipts from charges collected under this section 29 shall be accounted for separately, and appropriations from the account are not made 30 from the unrestricted general fund. The legislature may appropriate money from the 31 community development quota program account for expenditures by the department
01 for necessary costs incurred by the department in implementing any assigned role 02 under AS 44.33.020(a)(11) [AS 44.33.020(11)] or for any other public purpose. 03 * Sec. 6. AS 44.33.113(h) is amended to read: 04 (h) The Department of Administration shall identify the amount of the 05 appropriations for the state's role under AS 44.33.020(a)(11) [AS 44.33.020(11)] that 06 lapses into the general fund each year. The legislature may appropriate an amount 07 equal to the lapsed amount to the community development quota program for its 08 operating costs for the next fiscal year. 09 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).