SB 3: "An Act relating to the community dividend program; and providing for an effective date."
00 SENATE BILL NO. 3 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 11. Community Dividend Program. 06 Sec. 29.60.850. Community dividend fund. (a) 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 general fund the amount necessary to fully fund community dividends. If the 10 legislature determines that amounts in the general fund are not sufficient to fully fund 11 the community dividend fund or that it is not in the best interests of the state to use 12 general fund money for that purpose, the legislature may consider making the 13 appropriation from the following sources in the following order: 14 (1) the budget reserve fund (art. IX, sec. 17, Constitution of the State
01 of Alaska); 02 (2) the Alaska capital income fund (AS 37.05.565); 03 (3) the earnings reserve account (AS 37.13.145). 04 (b) Other appropriations may be made to the community dividend fund in 05 addition to those made under (a) of this section. 06 (c) The amount appropriated to the fund during a fiscal year shall be held and 07 distributed by the department on July 1 of the fiscal year that immediately follows as 08 community dividends for the fiscal year during which the distribution is made. 09 Sec. 29.60.860. Amount of community dividends. (a) The community 10 dividend for a fiscal year for a municipality or a community eligible under (b) of this 11 section equals 12 (1) $70 for each individual who resided in the municipality or 13 community during the immediately preceding fiscal year; and 14 (2) for each municipality that is a school district and meets the local 15 contribution requirement under AS 14.17.410(b)(2), an additional school support 16 factor equal to $30 for each individual who resided in the municipality during the 17 immediately preceding fiscal year. 18 (b) The department, with advice from the Department of Law, shall determine 19 whether there is, in each community, an incorporated nonprofit entity or a Native 20 village council that will agree to receive and spend the community dividend for the 21 benefit of the community. If there is more than one qualified entity in a community, 22 the department shall pay the dividend to the entity that the department finds most 23 qualified to receive and spend the money. The department may not pay a community 24 dividend unless the incorporated nonprofit entity or Native village council waives 25 immunity from suit for claims arising out of activities of the corporation or council 26 related to the dividend. A waiver of immunity from suit under this subsection must be 27 on a form provided by the Department of Law. If there is no qualified incorporated 28 nonprofit entity or Native village council in a community that is willing to receive and 29 spend the dividend for the benefit of the community, that community is not eligible for 30 the dividend and the dividend may not be paid. 31 (c) If the amount appropriated is not sufficient to fully fund community
01 dividends for a fiscal year under (a) of this section, each dividend shall be reduced on 02 a pro rata basis. If the amount appropriated exceeds that which is sufficient to fully 03 fund community dividends, each dividend shall be increased on a pro rata basis. 04 Sec. 29.60.870. Determination of population. For purposes of determining 05 the amount of a community dividend, the population of the municipality or community 06 shall be determined by using the numbers of permanent fund dividend recipients or 07 other population data that the department determines is reliable. For purposes of 08 determining the portion of the community dividend under AS 29.60.860(a)(1) for a 09 borough, the population of each city in the borough shall be deducted from the total 10 population of the borough. 11 Sec. 29.60.879. Definition. In AS 29.60.850 - 29.60.879, "community" means 12 a place in the unorganized borough that (1) is not incorporated as a city and in which 13 25 or more individuals reside as a social unit; or (2) is organized under federal law as 14 an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued 15 in existence under that subsection. This definition does not apply to the phrase 16 "community dividend." 17 * Sec. 2. This Act takes effect July 1, 2007.