txt

SB 219: "An Act relating to the community dividend program; and providing for an effective date."

00 SENATE BILL NO. 219 01 "An Act relating to the community dividend program; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.60 is amended by adding new sections to read: 05 Article 10. Community Dividend Program. 06 Sec. 29.60.800. Community dividend fund. There is established in the 07 department the community dividend fund consisting of money appropriated to the 08 fund. Each fiscal year, the legislature may appropriate to the community dividend fund 09 from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) the 10 lesser of (1) one-third of the amount necessary to fully fund community dividends; or 11 (2) the amount that, when transferred, leaves a balance of $1,000,000,000 in the 12 budget reserve fund. One-third of the amount necessary to fully fund community 13 dividends may be appropriated from the earnings reserve account (AS 37.13.145), and 14 one-third may be appropriated from the Alaska capital income fund (AS 37.05.565).

01 Other appropriations may be made to the community dividend fund. The amount 02 appropriated to the fund during a fiscal year shall be held and distributed by the 03 department on July 1 of the fiscal year that immediately follows as community 04 dividends for the fiscal year during which the distribution is made. 05 Sec. 29.60.810. Amount of community dividends. (a) The community 06 dividend for a fiscal year for a municipality or a community eligible under (b) of this 07 section equals $70 for each person who resided in the municipality or community 08 during the immediately preceding fiscal year. The amount of the community dividend 09 for each municipality that is a school district and meets the local contribution 10 requirement under AS 14.17.410(b)(2) is increased by a school support factor equal to 11 $30 for each person who resided in the municipality during the immediately preceding 12 fiscal year. 13 (b) The department, with advice from the Department of Law, shall determine 14 whether there is, in each community, an incorporated nonprofit entity or a Native 15 village council that will agree to receive and spend the community dividend for the 16 benefit of the community. If there is more than one qualified entity in a community, 17 the department shall pay the dividend to the entity that the department finds most 18 qualified to receive and spend the money. The department may not pay a community 19 dividend unless the incorporated nonprofit entity or Native village council waives 20 immunity from suit for claims arising out of activities of the corporation or council 21 related to the dividend. A waiver of immunity from suit under this subsection must be 22 on a form provided by the Department of Law. If there is no qualified incorporated 23 nonprofit entity or Native village council in a community that is willing to receive and 24 spend the dividend for the benefit of the community, that community is not eligible for 25 the dividend and the dividend may not be paid. 26 (c) If the amount appropriated is not sufficient to fully fund community 27 dividends for a fiscal year under (a) of this section, each dividend shall be reduced on 28 a pro rata basis. If the amount appropriated exceeds that which is sufficient to fully 29 fund community dividends, each dividend shall be increased on a pro rata basis. 30 Sec. 29.60.820. Determination of population. For purposes of determining 31 the amount of a community dividend, the population of the municipality or community

01 shall be determined by using the numbers of permanent fund dividend recipients or 02 other population data that the department determines is reliable. In determining the 03 population of a borough, the population of each city in the borough shall be deducted 04 from the total population of the borough. 05 Sec. 29.60.829. Definition. In AS 29.60.800 - 29.60.829, "community" means 06 a place in the unorganized borough that (1) is not incorporated as a city and in which 07 25 or more persons reside as a social unit; or (2) is organized under federal law as an 08 Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in 09 existence under that subsection. This definition does not apply to the phrase 10 "community dividend." 11 * Sec. 2. This Act takes effect July 1, 2006.