HB 181: "An Act relating to the accounting for money received by the state from the mining license tax, mining lease payments, and royalties from mining on state tide and submerged land seaward of a municipality, and the availability of that money for appropriation to certain boroughs and municipalities outside of a borough."
00 HOUSE BILL NO. 181 01 "An Act relating to the accounting for money received by the state from the mining 02 license tax, mining lease payments, and royalties from mining on state tide and 03 submerged land seaward of a municipality, and the availability of that money for 04 appropriation to certain boroughs and municipalities outside of a borough." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 38.05.135 is amended by adding new subsections to read: 07 (h) After making the deposit due to the permanent fund under 08 AS 37.13.010(a), 50 percent of the remaining amount of mineral lease rentals, 09 royalties, and royalty sale proceeds received for a lease under AS 38.05.135 - 10 38.05.160 and 38.05.181 that is located on state tide and submerged land seaward of a 11 municipality shall be deposited into the general fund and separately accounted for 12 under AS 37.05.142. The director shall apportion the amount of rent, royalty, and 13 royalty sale proceeds for a lease that is not entirely on state tide and submerged land 14 seaward of a municipality based on the amount of surface area of the lease that is on
01 state tide and submerged land seaward of a municipality. 02 (i) Upon request, 03 (1) the legislature may appropriate money from the rent, royalty, and 04 royalty sale proceeds that are separately accounted for under (h) of this section from a 05 lease or portion of a lease on state tide and submerged land seaward of a borough to 06 that borough; and 07 (2) the legislature may appropriate money from the rent, royalty, and 08 royalty sale proceeds that are separately accounted for under (h) of this section from a 09 lease or portion of a lease on state tide and submerged land seaward of a municipality 10 outside of a borough to that municipality. 11 (j) Nothing in (h) of this section creates a dedicated fund or limits the 12 authority of a department to request funds or the authority of the legislature to 13 appropriate funds. 14 * Sec. 2. AS 43.65.010 is amended by adding new subsections to read: 15 (j) Proceeds from the tax imposed under this chapter shall be deposited into 16 the general fund and separately accounted for under AS 37.05.142. 17 (k) The commissioner shall adopt regulations for apportioning the proceeds 18 from tax received under this chapter based on the gross income attributable to mining 19 subject to tax under this chapter on property, on state tide and submerged land seaward 20 of each borough and each municipality outside of a borough and in the area in the state 21 that is on state tide and submerged land that is not seaward of a municipality. The 22 accounting for the proceeds from the tax under (j) of this section shall identify the 23 amount of proceeds from tax apportioned to state tide and submerged land seaward of 24 a borough and a municipality outside of a borough in which there is mining activity 25 under the regulations adopted under this subsection. 26 (l) Upon request 27 (1) by the commissioner of commerce, community, and economic 28 development, the legislature may appropriate not more than 50 percent of the proceeds 29 from the tax that are separately accounted for and apportioned to state tide and 30 submerged land seaward of a borough under (j) and (k) of this section to the borough; 31 and
01 (2) by the commissioner of commerce, community, and economic 02 development or the commissioner of natural resources, the legislature may appropriate 03 not more than 50 percent of the proceeds from the tax that are separately accounted for 04 and apportioned to state tide and submerged land seaward of a municipality outside of 05 a borough under (j) and (k) of this section to the municipality outside of a borough. 06 (m) Nothing in (l) of this section creates a dedicated fund or limits the 07 authority of a department to request funds or the authority of the legislature to 08 appropriate funds.