SB 72: "An Act relating to the community revenue sharing program; and providing for an effective date."
00 SENATE BILL NO. 72 01 "An Act relating to the community revenue sharing program; and providing for an 02 effective 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 Revenue Sharing Program. 06 Sec. 29.60.850. Community revenue sharing fund. (a) The community 07 revenue sharing fund is established in the general fund. By August 1 of each fiscal 08 year, the Department of Revenue shall transfer to the fund an amount equal to six 09 percent of the money received by the state during the immediately preceding fiscal 10 year from the following sources: 11 (1) disposals of state land or interests in state land, together with the 12 fixtures on the land; 13 (2) disposals of minerals, including sand, gravel, stone, and water, 14 mineral lease rentals, royalties, royalty sale proceeds, and federal mineral revenue
01 sharing payments and bonuses; 02 (3) state taxation of the production and transportation of minerals in 03 which the state has an interest; 04 (4) state taxation of property used in the exploration for and production 05 and transportation of minerals in which the state has an interest; 06 (5) state taxation of income derived from the production and 07 transportation of minerals; and 08 (6) timber produced or processed. 09 (b) Each fiscal year, the legislature may appropriate money in the community 10 revenue sharing fund to the department for community revenue sharing payments or 11 appropriate it for other public purposes. 12 (c) Nothing in this section creates a dedicated fund. 13 Sec. 29.60.860. Amount of community revenue sharing payments. (a) The 14 basic community revenue sharing payment for a fiscal year equals 15 (1) $250,000 for a borough or unified municipality; 16 (2) $75,000 for a city or reserve eligible under (c) of this section; and 17 (3) $25,000 for an unincorporated community eligible under (c) of this 18 section. 19 (b) If the amount appropriated for a fiscal year 20 (1) is not sufficient to fully fund all the basic payments, the amount 21 paid to each recipient shall be reduced on a pro rata basis so that the entire amount 22 appropriated is distributed; 23 (2) exceeds the amount needed to fully fund all the basic payments, the 24 balance shall be distributed on a per capita basis to each recipient of a basic payment 25 under (a)(1) or (2) of this section. 26 (c) The department, with advice from the Department of Law, shall determine 27 whether there is, in each reserve or unincorporated community, an incorporated 28 nonprofit entity or a Native village council that will agree to receive and spend the 29 community revenue sharing payment for the benefit of the reserve or unincorporated 30 community. If there is more than one qualified entity in a reserve or unincorporated 31 community, the department shall pay the dividend to the entity that the department
01 finds most qualified to receive and spend the money. The department may not make 02 the payment unless the incorporated nonprofit entity or Native village council waives 03 immunity from suit for claims arising out of activities of the corporation or council 04 related to the payment. A waiver of immunity from suit under this subsection must be 05 on a form provided by the Department of Law. If there is not a qualified incorporated 06 nonprofit entity or Native village council in a reserve or unincorporated community 07 that is willing to receive and spend the community revenue sharing payment for the 08 benefit of the reserve or unincorporated community, that reserve or unincorporated 09 community is not eligible for the payment, and the payment may not be made. 10 Sec. 29.60.870. Determination of population. For purposes of determining 11 the amount of a revenue sharing payment under AS 29.60.860(b)(2), the population of 12 the municipality or reserve shall be determined by using the numbers of permanent 13 fund dividend recipients or other population data that the department determines is 14 reliable. For purposes of determining the population of a borough, the population of 15 each city and reserve in the borough shall be deducted from the total population of the 16 borough. For purposes of determining the population of a unified municipality, the 17 population of each reserve in the unified municipality shall be deducted from the total 18 population of the unified municipality. 19 Sec. 29.60.879. Definitions. In AS 29.60.850 - 29.60.879, 20 (1) "reserve" means a place that is organized under federal law as an 21 Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in 22 existence under that subsection; 23 (2) "unincorporated community" has the meaning given in 24 AS 29.60.140. 25 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).