CSSB 72(FIN): "An Act relating to the community revenue sharing program; and providing for an effective date."
00 CS FOR SENATE BILL NO. 72(FIN) 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. The fund consists of 08 appropriations to the fund. In addition, by August 1 of each fiscal year, the 09 Department of Revenue shall transfer to the fund the lesser of 10 (1) $50,000,000; or 11 (2) an amount equal to three percent of the money received by the state 12 during the immediately preceding fiscal year from all mineral lease rentals, royalties, 13 royalty sale proceeds, federal mineral revenue sharing payments, and bonuses. 14 (b) Each fiscal year, the legislature may appropriate money in the community
01 revenue sharing fund to the department for community revenue sharing payments or 02 appropriate it for other public purposes. 03 (c) Nothing in this section creates a dedicated fund. 04 Sec. 29.60.855. Community revenue sharing payments for communities. 05 (a) Five percent of the amount appropriated for a fiscal year for community revenue 06 sharing payments is available for payments by the department to unincorporated 07 communities eligible under AS 29.60.865. The department shall calculate the amount 08 of each payment under (b) of this section and distribute the payments. 09 (b) The basic payment value for a fiscal year equals $25,000 for each 10 unincorporated community. If the amount available under (a) of this section for a 11 fiscal year 12 (1) is not sufficient to fully fund total basic payment values, the 13 amount paid to each unincorporated community shall be reduced on a pro rata basis so 14 that the entire available amount is distributed; 15 (2) exceeds the amount needed to fully fund each of the basic payment 16 values, the balance shall be added on a per capita basis to each basic payment value so 17 that the entire available amount is distributed; however, the maximum amount of a 18 community revenue sharing payment to an unincorporated community under this 19 subsection may not exceed $50,000. 20 Sec. 29.60.860. Community revenue sharing payments for municipalities 21 and reserves. (a) Ninety-five percent of the amount appropriated for a fiscal year for 22 community revenue sharing payments is available for payments by the department to 23 municipalities and to reserves eligible under AS 29.60.865. The amount of each 24 payment shall first be calculated by the department under (b) of this section and then 25 adjusted under (c) and (d) of this section. 26 (b) The basic payment value for a fiscal year equals $250,000 for a borough or 27 unified municipality and $75,000 for a city or reserve. If the amount available under 28 (a) of this section for a fiscal year 29 (1) is not sufficient to fully fund the total basic payment values, the 30 basic payment values shall be reduced on a pro rata basis so that the entire amount 31 available is accounted for;
01 (2) exceeds the amount needed to fully fund the total basic payment 02 values, the basic payment value calculated for each municipality and reserve shall be 03 increased on a per capita basis so that the entire amount available is accounted for. 04 (c) The community revenue sharing payment amount for each of the following 05 municipalities equals the basic payment value calculated under (b) of this section for 06 that municipality reduced by the following percent: 07 MUNICIPALITY PERCENT OF REDUCTION 08 Anchorage 39.76 percent 09 Fairbanks 17.73 percent 10 Juneau 9.04 percent 11 Fairbanks North Star Borough 2.34 percent 12 Matanuska-Susitna Borough 2.30 percent 13 Kenai Peninsula Borough 3.35 percent 14 Ketchikan 3.80 percent 15 Sitka 2.91 percent 16 Kodiak 2.38 percent 17 Kenai 2.04 percent 18 Valdez 1.94 percent 19 Kodiak Island Borough 0.97 percent 20 Ketchikan Gateway Borough 0.73 percent 21 Homer 1.08 percent 22 Palmer 1.06 percent 23 Petersburg 1.20 percent 24 North Slope Borough 0.57 percent 25 Wrangell 1.10 percent 26 Cordova 1.07 percent 27 Haines Borough 0.55 percent 28 Soldotna 0.52 percent 29 Nome 0.54 percent 30 Seward 0.56 percent 31 Wasilla 0.18 percent
01 Bristol Bay Borough 0.21 percent 02 Lake and Peninsula Borough 0.12 percent 03 Unalaska 0.20 percent 04 Denali Borough 0.07 percent 05 North Pole 0.32 percent 06 Dillingham 0.22 percent 07 Craig 0.29 percent 08 Yakutat 0.04 percent 09 Saxman 0.16 percent 10 Sand Point 0.11 percent 11 Saint Paul 0.12 percent 12 Skagway 0.09 percent 13 Hoonah 0.06 percent 14 King Cove 0.06 percent 15 Nenana 0.06 percent 16 Unalakleet 0.02 percent 17 Kachemak 0.03 percent 18 Huslia 0.03 percent 19 Pelican 0.03 percent 20 Atka 0.02 percent 21 Egegik 0.01 percent 22 (d) The community revenue sharing payment amount for each municipality or 23 reserve not subject to (c) of this section equals the basic payment value for that 24 municipality or reserve calculated under (b) of this section increased on a per capita 25 basis. The total amount used for payment increases under this subsection equals the 26 total amount by which payments are decreased under (c) of this section. 27 Sec. 29.60.865. Eligibility. The department, with advice from the Department 28 of Law, shall determine whether there is, in each reserve or unincorporated 29 community, an incorporated nonprofit entity or a Native village council that will agree 30 to receive and spend the community revenue sharing payment for the benefit of the 31 reserve or unincorporated community. If there is more than one qualified entity in a
01 reserve or unincorporated community, the department shall pay the dividend to the 02 entity that the department finds most qualified to receive and spend the money. The 03 department may not make the payment unless the incorporated nonprofit entity or 04 Native village council waives immunity from suit for claims arising out of activities of 05 the corporation or council related to the payment. A waiver of immunity from suit 06 under this subsection must be on a form provided by the Department of Law. If there 07 is not a qualified incorporated nonprofit entity or Native village council in a reserve or 08 unincorporated community that is willing to receive and spend the community revenue 09 sharing payment for the benefit of the reserve or unincorporated community, that 10 reserve or unincorporated community is not eligible for the payment, and the payment 11 may not be made. 12 Sec. 29.60.870. Determination of population. For purposes of determining 13 the amount of revenue sharing payments, the population of a municipality, reserve, or 14 unincorporated community shall be determined by using the numbers of permanent 15 fund dividend recipients or other population data that the department determines is 16 reliable. For purposes of determining the population of a borough, the population of 17 each city and reserve in the borough shall be deducted from the total borough 18 population. For purposes of determining the population of a unified municipality, the 19 population of each reserve in the unified municipality shall be deducted from the total 20 population of the unified municipality. 21 Sec. 29.60.879. Definitions. In AS 29.60.850 - 29.60.879, 22 (1) "reserve" means a place that is organized under federal law as an 23 Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in 24 existence under that subsection; 25 (2) "unincorporated community" has the meaning given in 26 AS 29.60.140. 27 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).