CSSSSB 328(FIN): "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; making conforming amendments; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 328(FIN) 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; making conforming amendments; 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 (m) In this section, "number of children in average daily membership" means 04 the number of full-time equivalent students enrolled and residing in the city school 05 district or regional education attendance area that receives a share of the income from 06 the public schools allocation of the fund created in (b) of this section. 07 * Sec. 2. AS 44.33.020 is amended by adding a new section to read: 08 (b) The department may adopt regulations necessary to carry out its statutory 09 functions. 10 * Sec. 3. AS 44.33.113(a) is amended to read: 11 (a) If the governor delegates duties as described in AS 44.33.020(a)(11) 12 [AS 44.33.020(11)] to the department, the department shall determine and assess an 13 annual administrative cost charge for the administration of the state's role in the 14 federal community development quota program. The department shall by regulation 15 establish the method for implementing the charge in accordance with the provisions of 16 this section. The department shall assess the charges on community development 17 quota groups with approved community development plans for the fiscal year for 18 which the charge is applicable. The community development quota group shall pay the 19 charge. 20 * Sec. 4. AS 44.33.113(c) is amended to read: 21 (c) The aggregate total of administrative cost charges to all CDQ groups for a 22 fiscal year shall approximately equal, but may not exceed, the appropriations 23 authorized for that fiscal year for the state's role under AS 44.33.020(a)(11) 24 [AS 44.33.020(11)], less 25 (1) appropriations from sources of program receipts under 26 AS 37.05.146(b) and (c) not collected under this section; and 27 (2) any reappropriations of charges collected under this section. 28 * Sec. 5. AS 44.33.113(g) is amended to read: 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(c), 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(a)(11) [AS 44.33.020(11)] or for any other public purpose. 07 * Sec. 6. AS 44.33.113(h) is amended to read: 08 (h) The Department of Administration shall identify the amount of the 09 appropriations for the state's role under AS 44.33.020(a)(11) [AS 44.33.020(11)] that 10 lapses into the general fund each year. The legislature may appropriate an amount 11 equal to the lapsed amount to the community development quota program for its 12 operating costs for the next fiscal year. 13 * Sec. 7. AS 41.15.180(m), enacted in sec. 1 of this Act, takes effect July 1, 2005. 14 * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect immediately under 15 AS 01.10.070(c).