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SB 234: "An Act relating to a community dividend program; and providing for an effective date."

00 SENATE BILL NO. 234 01 "An Act relating to a 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 program. (a) There is established in 07 the department the community dividend program. The department may adopt 08 regulations under AS 44.62 to carry out the purposes of the program. 09 (b) The legislature may appropriate amounts deposited into the Alaska capital 10 income fund (AS 37.05.565) or from other sources to the community dividend 11 program. Grants under the community dividend program shall be awarded as 12 described in (c) - (i) of this section. 13 (c) From the first $10,000,000 appropriated for a fiscal year for grants under 14 the program, the department shall

01 (1) award a base grant amount to each municipality, as follows: 02 (A) organized boroughs, $50,000; 03 (B) cities with a population of 04 (i) less than 100 persons, $25,000; 05 (ii) 100 - 249 persons, $30,000; 06 (iii) 250 - 500 persons, $35,000; 07 (iv) more than 500 persons, $40,000; and 08 (2) distribute any remaining portion as an additional base grant to 09 municipalities on a per capita basis. 10 (d) If the amount appropriated for grants under the program for a fiscal year is 11 insufficient to award the full amount under (c)(1) of this section to each municipality, 12 the department shall prorate the amount available for grants under (c)(1) of this 13 section. 14 (e) Following the grant awards made under (c) of this section, from the 15 remaining amount appropriated for grants under the program for the fiscal year, the 16 department shall distribute an organizational grant to certain organized boroughs, as 17 follows: 18 (1) a borough that first organized after the effective date of this section 19 and is less than two years old at the time of the award, $1,000,000; 20 (2) a borough that first organized after the effective date of this section 21 and is no more than three years old at the time of the award, $500,000. 22 (f) Subsection (e) of this section does not apply to a borough incorporated by 23 consolidation or to a unified municipality that occupies the area formerly occupied by 24 another borough. 25 (g) If the amount appropriated for grants under the program is insufficient to 26 award the full amount of organizational grants under (e) of this section to each eligible 27 borough, the department shall prorate the amount available for award under (e) of this 28 section. 29 (h) After the grant awards are made under (c) and (e) of this section, the 30 department shall distribute any remaining amount appropriated for grants under the 31 program for the fiscal year as supplemental grants on a per capita basis to the

01 organized boroughs that received a grant under (c)(1)(A) of this section. 02 (i) For purposes of grant awards under the program, 03 (1) the population of a municipality is the population as certified by the 04 department; 05 (2) in determining the population of a borough for purposes of 06 additional base grants under (c)(2) of this section, the department shall first deduct the 07 population of all cities in the borough. 08 (j) Grant money awarded under the program to a municipality may be used 09 only for the following public services: 10 (1) police protection and related public safety services; 11 (2) fire protection and emergency medical services; 12 (3) infrastructure maintenance; 13 (4) public education; 14 (5) fuel costs. 15 Sec. 29.60.810. Municipalities organized under federal law. To qualify to 16 receive grant money under AS 29.60.800 - 29.60.850, a municipality organized under 17 federal law as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) 18 and is continued in existence under 43 U.S.C. 1618(a) shall form a community 19 development corporation with authority to determine how grant money received under 20 AS 29.60.800 - 29.60.850 will be used in accordance with AS 29.60.800. The charter 21 must require that the governing board of the corporation shall be elected at an annual 22 election open to all residents of the municipality who are registered and qualified to 23 vote in state elections. The department may distribute grant money for the 24 municipality only to a corporation organized in accordance with this section and only 25 after the corporation has delivered a written waiver of sovereign immunity from legal 26 action by the state to recover all or a portion of the grant money distributed under 27 AS 29.60.800 - 29.60.850. 28 Sec. 29.60.850. Definitions. In AS 29.60.800 - 29.60.850, unless the context 29 otherwise requires, 30 (1) "borough" includes a unified municipality; 31 (2) "department" means the Department of Commerce, Community,

01 and Economic Development; 02 (3) "municipality" includes a municipality organized under federal law 03 as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is 04 continued in existence under 43 U.S.C. 1618(a); 05 (4) "program" means the community dividend program established in 06 AS 29.60.800. 07 * Sec. 2. This Act takes effect July 1, 2006.