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