CSSB 210(FIN): "An Act relating to the community revenue sharing program; and changing the name of the community revenue sharing program to the community assistance program."
00 CS FOR SENATE BILL NO. 210(FIN) 01 "An Act relating to the community revenue sharing program; and changing the name of 02 the community revenue sharing program to the community assistance program." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.20.640(b) is amended to read: 05 (b) Compliance with the provisions of this section is a prerequisite to receipt 06 of community assistance [REVENUE SHARING] under AS 29.60.850 - 29.60.879. If 07 a municipality does not comply with this section, the department shall withhold the 08 allocations until the required reports are filed. 09 * Sec. 2. AS 29.45.020 is amended to read: 10 Sec. 29.45.020. Taxpayer notice. (a) If a municipality levies and collects 11 property taxes, the governing body shall provide the following notice: 12 "NOTICE TO TAXPAYER 13 For the current fiscal year the (city)(borough) has been allocated the 14 following amount of state aid for school and municipal purposes under
01 the applicable financial assistance Acts: 02 PUBLIC SCHOOL FUNDING PROGRAM (AS 14.17) $ 03 STATE AID FOR RETIREMENT OF SCHOOL $ 04 CONSTRUCTION DEBT (AS 14.11.100) 05 COMMUNITY ASSISTANCE $ 06 [REVENUE SHARING] 07 PROGRAM (AS 29.60.850 - 29.60.879) 08 TOTAL AID $ 09 The millage equivalent of this state aid, based on the dollar value of a 10 mill in the municipality during the current assessment year and for the 11 preceding assessment year, is: 12 MILLAGE EQUIVALENT 13 PREVIOUS YEAR THIS YEAR 14 PUBLIC SCHOOL FUNDING . . . .MILLS . . . .MILLS 15 PROGRAM ASSISTANCE 16 STATE AID FOR RETIREMENT . . . .MILLS . . . .MILLS 17 OF SCHOOL CONSTRUCTION 18 DEBT 19 COMMUNITY ASSISTANCE . . . .MILLS . . . .MILLS 20 [REVENUE SHARING] 21 PROGRAM 22 TOTAL MILLAGE EQUIVALENT . . . .MILLS . . . .MILLS" 23 Notice shall be provided by 24 (1) furnishing a copy of the notice with tax statements mailed for the 25 fiscal year for which aid is received; or 26 (2) publishing in a newspaper of general circulation in the municipality 27 a copy of the notice once each week for a period of three successive weeks, with 28 publication to occur not later than 45 days after the final adoption of the municipality's 29 budget. 30 (b) Compliance with the provisions of this section is a prerequisite to receipt 31 of community assistance [REVENUE SHARING] under AS 29.60.850 - 29.60.879.
01 The department shall withhold annual allocations under those sections until municipal 02 officials demonstrate that the requirements of this section have been met. 03 * Sec. 3. AS 29.45.660(b) is amended to read: 04 (b) Compliance with the provisions of this section is a prerequisite to receipt 05 of community assistance [REVENUE SHARING] under AS 29.60.850 - 29.60.879. 06 The department shall withhold annual allocations under those sections until municipal 07 officials demonstrate that the requirements of this section have been met. 08 * Sec. 4. AS 29.60.810 is amended to read: 09 Sec. 29.60.810. Grant applications. A municipality or regional housing 10 authority that owns a harbor facility may submit to the Department of Transportation 11 and Public Facilities an application for a harbor facility grant to be used for 12 construction, expansion, major repair, or major maintenance of a harbor facility. The 13 application must include information about the project requested by the department. 14 For a proposed project to be eligible for a grant, the municipality or regional housing 15 authority must provide evidence acceptable to the department that the 16 (1) proposed project is a capital improvement project and not part of a 17 preventive maintenance program or regular custodial care program; 18 (2) municipality or regional housing authority will provide 50 percent 19 of the total project cost as matching funds for the state grant and that money received 20 by the municipality or regional housing authority from the state will not be used for 21 the matching funds except money received under 22 (A) AS 29.60.850 - 29.60.879 (community assistance 23 [REVENUE SHARING] program); 24 (B) AS 29.60.450, AS 43.75.130, and 43.75.137 (shared 25 fisheries business taxes); 26 (C) AS 43.52.200 - 43.52.295 (excise tax on overnight 27 accommodations on commercial passenger vessels); and 28 (D) a transfer agreement between the state and a municipality 29 for [PURSUANT TO] a sale under AS 35.10.120; 30 (3) municipality or regional housing authority has secured and will 31 maintain adequate property loss insurance for the replacement cost of the harbor
01 facility or has an adequate program of insurance; 02 (4) municipality or regional housing authority has a preventive 03 maintenance plan for the harbor facility and will be adequately adhering to the 04 preventive maintenance plan after completion of the proposed project. 05 * Sec. 5. AS 29.60.850(a) is amended to read: 06 (a) The community assistance [REVENUE SHARING] fund is established in 07 the general fund for the purpose of making community assistance [REVENUE 08 SHARING] payments to municipalities, reserves, and communities for any public 09 purpose. The fund consists of appropriations. Income earned on money in the fund 10 may be appropriated to the fund. Money in the fund does not lapse. 11 * Sec. 6. AS 29.60.850(b) is amended to read: 12 (b) Each fiscal year, the legislature may appropriate to the community 13 assistance [REVENUE SHARING] fund money received by the state during the 14 previous calendar year under AS 43.20.030(c). The amount may not exceed the 15 greater of 16 (1) $30,000,000 [$60,000,000]; or 17 (2) the amount that, when added to the fund balance on June 30 of the 18 previous fiscal year, equals $90,000,000 [$180,000,000]. 19 * Sec. 7. AS 29.60.850(c) is amended to read: 20 (c) The balance in the community assistance [REVENUE SHARING] fund 21 shall be determined on June 30 of each year. If the fund balance is at least $15,000,000 22 [$60,000,000], without further appropriation, the department shall distribute one-third 23 of that amount as community assistance [REVENUE SHARING] payments for the 24 immediately following fiscal year. Otherwise, no payments may be made. 25 * Sec. 8. AS 29.60.855 is amended to read: 26 Sec. 29.60.855. Basic community assistance [REVENUE SHARING] 27 payments. (a) The [DEPARTMENT SHALL CALCULATE THE] basic amount 28 used for determining the basic community assistance [REVENUE SHARING] 29 payment for a fiscal year [BY APPLYING THE FOLLOWING FORMULA: THE 30 AMOUNT AVAILABLE FOR PAYMENTS FOR THAT FISCAL YEAR UNDER 31 AS 29.60.850(c), MINUS 60,000,000, DIVIDED BY 60,000,000, PLUS ONE,
01 MULTIPLIED BY 384,000. HOWEVER, IF THE AMOUNT CALCULATED IS 02 LESS THAN $220,000, THE BASIC AMOUNT FOR THAT FISCAL YEAR] is 03 $384,000 [$220,000]. However, if the amount available for payments for that 04 fiscal year under AS 29.60.850(c) is less than the amount necessary to make the 05 payments under (b) of this section, the department shall reduce the basic amount 06 pro rata. 07 (b) Except as provided in (c) of this section, the basic community assistance 08 [REVENUE SHARING] payment for a fiscal year equals, for each 09 (1) unified municipality, the sum of the amounts calculated under (2) 10 and (3) of this subsection, rounded to the nearest dollar [$1,000]; 11 (2) borough, the basic amount, rounded to the nearest dollar [$1,000]; 12 (3) city and eligible reserve, one-fourth of the basic amount, rounded 13 to the nearest dollar [$100]; 14 (4) eligible community in the unorganized borough, one-twelfth of the 15 basic amount, rounded to the nearest dollar [$100]; 16 (5) eligible community in a unified municipality or borough, one- 17 nineteenth of the basic amount, rounded to the nearest dollar [$100]. 18 (c) The basic community assistance [REVENUE SHARING] payment 19 amount for a succeeding municipality formed when two or more municipalities merge, 20 consolidate, or unify after January 1, 2002, equals the sum of the amounts each of the 21 former municipalities would receive under (b) of this section calculated as if the 22 merger, consolidation, or unification had not occurred. 23 * Sec. 9. AS 29.60.860(a) is amended to read: 24 (a) Subject to (b) of this section, if the amount available for distribution under 25 AS 29.60.850(c) exceeds the amount needed to fully fund all the basic community 26 assistance [REVENUE SHARING] payments, the balance shall be distributed on a 27 per capita basis to municipalities, to reserves, and to communities in the unorganized 28 borough. 29 * Sec. 10. AS 29.60.860(b) is amended to read: 30 (b) The per capita amount distributed to each community in the unorganized 31 borough may not, when added to the basic community assistance [REVENUE
01 SHARING] payment for that community, exceed the basic amount calculated under 02 AS 29.60.855(b)(3). If the per capita distribution for a community in the unorganized 03 borough, when added to the basic community assistance [REVENUE SHARING] 04 payment for that community, would exceed the basic amount calculated under 05 AS 29.60.855(b)(3), the excess amount shall be distributed on a per capita basis to 06 other communities in the unorganized borough. 07 * Sec. 11. AS 29.60.865 is amended to read: 08 Sec. 29.60.865. Eligibility requirements for reserves and communities. (a) 09 The department, with advice from the Department of Law, shall determine whether 10 there is in each community or reserve an incorporated nonprofit entity or a Native 11 village council that will agree to receive and spend the community assistance 12 [REVENUE SHARING] payment. If there is more than one qualified entity in a 13 reserve or community in the unorganized borough, the department shall pay the money 14 to the entity that the department finds most qualified to receive and spend the money 15 on behalf of the reserve or community. The department may not make a community 16 assistance [REVENUE SHARING] payment to a Native village council unless the 17 council waives immunity from suit for claims arising out of activities of the council 18 related to the payment. A waiver of immunity from suit under this section must be on 19 a form provided by the Department of Law. If there is no qualified incorporated 20 nonprofit entity or Native village council in a reserve or community that is willing to 21 receive the community assistance [REVENUE SHARING] payment and use the 22 payment on behalf of that reserve or community, the payment for that reserve or 23 community may not be paid. Neither this section nor any action taken under it enlarges 24 or diminishes the governmental authority or jurisdiction of a Native village council. 25 (b) The department may make a community assistance [REVENUE 26 SHARING] payment on behalf of a community in a borough or unified municipality 27 only to the municipality for payment by the municipality to an incorporated nonprofit 28 entity or Native village council that has been approved by the assembly and meets the 29 requirements of (a) of this section. The department shall have written evidence of the 30 assembly approval. If there is more than one qualified entity in a community in a 31 borough or unified municipality, one of the entities may receive the entire payment, or
01 the payment may be shared between two or more of the qualified entities, as 02 determined by the assembly. 03 (c) A community in a borough or unified municipality is eligible for a 04 community assistance [REVENUE SHARING] payment only if at least three of the 05 following services are generally available to all residents of the community and each 06 of the three services, in any combination, are provided by one or more qualifying 07 incorporated nonprofit entities or a Native village council or are substantially paid for 08 by the residents of the community through taxes, charges, or assessments levied or 09 authorized by the borough or unified municipality: 10 (1) fire protection; 11 (2) emergency medical; 12 (3) water and sewer; 13 (4) solid waste management; 14 (5) public road or ice road maintenance; 15 (6) public health; 16 (7) search and rescue. 17 * Sec. 12. AS 29.71.040(h)(2) is amended to read: 18 (2) "state money" includes state reimbursement to municipalities for 19 school or related construction, foundation funding for education, municipal assistance, 20 community assistance, revenue sharing, and state funds for capital projects. 21 * Sec. 13. AS 36.10.090(b) is amended to read: 22 (b) A local government or school district covered by the provisions of this 23 chapter that is found to be in violation of these provisions may be required to forfeit 24 all or part of the state aid made available for the project in which the violation occurs 25 and in addition may be denied up to 12 months of state community assistance 26 [REVENUE SHARING] or public school funding. A state department or agency head 27 found to be in violation of this chapter may be required to forfeit the position of 28 department or agency head. 29 * Sec. 14. AS 36.10.125(c) is amended to read: 30 (c) In an action brought under (b) of this section, the court may, in its 31 discretion, order denial of state community assistance, revenue sharing, or public
01 school funding, forfeiture of office or position, or injunctive or other relief. If the court 02 finds for the plaintiff in an action brought under (b) of this section, it may award the 03 plaintiff an amount equal to the actual costs and attorney fees incurred by the plaintiff. 04 * Sec. 15. AS 36.15.050(h)(3) is amended to read: 05 (3) "state money" includes state reimbursement to school districts for 06 school or related construction, foundation funding for education, municipal assistance, 07 community assistance, revenue sharing, and state funds for capital projects. 08 * Sec. 16. AS 44.33.020(a) is amended to read: 09 (a) The Department of Commerce, Community, and Economic Development 10 shall 11 (1) advise and assist local governments; 12 (2) advise the governor and other commissioners on the delivery of 13 government services to rural areas, including services relating to public safety, justice, 14 economic development, natural resource management, education, and public health; 15 (3) make recommendations to the governor and other commissioners 16 about policy changes that would affect rural governments and rural affairs; 17 (4) serve as staff for the Local Boundary Commission; 18 (5) conduct studies and carry out experimental and pilot projects for 19 the purpose of developing solutions to community and regional problems; 20 (6) promote cooperative solutions to problems affecting more than one 21 community or region, including joint service agreements, regional compacts, and other 22 forms of cooperation; 23 (7) serve as a clearinghouse for information useful in solution of 24 community and regional problems, and channel to the appropriate authority requests 25 for information and services; 26 (8) advise and assist community and regional governments on matters 27 of finance, including but not limited to bond marketing and procurement of federal 28 funds; 29 (9) prepare suggested guidelines relating to the content of notice of 30 bond sale advertisements, prospectuses, and other bonding matters issued by local 31 governments;
01 (10) administer state funds appropriated for the benefit of unorganized 02 regions within the state, allowing for maximum participation by local advisory 03 councils and similar bodies; 04 (11) as assigned through a delegation by the governor, administer and 05 implement the state's role in the federal community development quota program 06 established under 16 U.S.C. 1855(i) or a successor federal program; the department 07 may adopt regulations under a delegation from the governor to implement duties under 08 this paragraph; 09 (12) carry out those administrative functions in the unorganized 10 borough that the legislature may prescribe; 11 (13) study existing and proposed laws and state activities that affect 12 community and regional affairs and submit to the governor recommended changes in 13 those laws and activities; 14 (14) coordinate activities of the state that affect community and 15 regional affairs; 16 (15) assist in the development of new communities and serve as the 17 agent of the state for purposes of participation in federal programs relating to new 18 communities; 19 (16) supervise planning, management, and other activities required for 20 local eligibility for financial aid under those federal and state programs that provide 21 assistance to community and regional governments; 22 (17) advise and assist municipalities on procedures of assessment, 23 valuation, and taxation, and notify municipalities of major errors in those procedures; 24 (18) apply for, receive, and use funds from federal and other sources, 25 public or private, for use in carrying out the powers and duties of the department; 26 (19) request and utilize the resources of other agencies of state 27 government in carrying out the purposes of this chapter to the extent the [SUCH] 28 utilization is more efficient than maintaining departmental staff, reimbursing the other 29 agencies when appropriate; 30 (20) administer state and, as appropriate, federal programs for revenue 31 sharing, community assistance, grants, and other forms of financial assistance to
01 community and regional governments; 02 (21) administer the state programs relating to commerce or community 03 development, enforce the laws relating to these programs, and adopt regulations under 04 these laws; 05 (22) register corporations; 06 (23) collect corporation franchise taxes; 07 (24) enforce state laws regulating public utilities and other public 08 service enterprises, banking and securities, insurance, and other businesses and 09 enterprises touched with a public interest; 10 (25) make veterans' loans; 11 (26) furnish the budgeting, clerical, and administrative services for 12 regulatory agencies and professional and occupational licensing boards not otherwise 13 provided for; 14 (27) conduct studies, enter into contracts and agreements, and make 15 surveys relating to the economic development of the state and, when appropriate, 16 assemble, analyze, and disseminate the findings obtained; 17 (28) provide factual information and technical assistance for potential 18 industrial and commercial investors; 19 (29) receive gifts, grants, and other aid that facilitate the powers and 20 duties of the department from agencies and instrumentalities of the United States or 21 other public or private sources; 22 (30) establish and activate programs to achieve balanced economic 23 development in the state and advise the governor on economic development policy 24 matters; 25 (31) formulate a continuing program for basic economic development 26 and for the necessary promotion, planning, and research that will advance the 27 economic development of the state; 28 (32) cooperate with private, governmental, and other public institutions 29 and agencies in the execution of economic development programs; 30 (33) review the programs and annual reports of other departments and 31 agencies as they are related to economic development and prepare an annual report on
01 the economic growth of the state; 02 (34) administer the economic development programs of the state; 03 (35) perform all other duties and powers necessary or proper in 04 relation to economic development and planning for the state; 05 (36) request tourism-related businesses in the state to provide data 06 regarding occupancy levels, traffic flow and gross receipts and to participate in visitor 07 surveys conducted by the department; data collected under this paragraph that 08 discloses the particulars of an individual business is not a matter of public record and 09 shall be kept confidential; however, this restriction does not prevent the department 10 from using the data to formulate tourism economic impact information including 11 expenditure patterns, tax receipts and fees, employment and income attributable to 12 tourism, and other information considered relevant to the planning, evaluation, and 13 policy direction of tourism in the state; 14 (37) provide administrative and budgetary services to the Real Estate 15 Commission under AS 08.88 as requested by the commission; 16 (38) sell at cost, to the extent possible, publications and promotional 17 materials developed by the department; 18 (39) as delegated by the governor, administer under 16 U.S.C. 1856 19 the internal waters foreign processing permit procedures and collect related fees; 20 (40) administer state laws relating to the issuance of business licenses; 21 (41) comply with AS 15.07.055 to serve as a voter registration agency 22 to the extent required by state and federal law, including 42 U.S.C. 1973gg (National 23 Voter Registration Act of 1993); 24 (42) [REPEALED 25 (43)] carry out other functions and duties, consistent with law, 26 necessary or appropriate to accomplish the purpose of this chapter; 27 (43) [(44)] administer the Alaska BIDCO assistance program under 28 AS 37.17.500 - 37.17.690 and adopt regulations to carry out the provisions of those 29 statutes; 30 (44) [(45)] supply necessary clerical and administrative services for the 31 Alcoholic Beverage Control Board and the Marijuana Control Board.
01 * Sec. 17. AS 46.07.080(2) is amended to read: 02 (2) "village" means 03 (A) a second class city; 04 (B) a first class city with a population of less than 1,000; 05 (C) a home rule municipality with a population of less than 06 1,000; 07 (D) the Annette Island Reserve established by 25 U.S.C. 495 08 for the Metlakatla Indian Community; 09 (E) a community with a population between 25 and 1,000 that 10 is represented by 11 (i) a council organized under 25 U.S.C. 476 (sec. 16 of 12 the Indian Reorganization Act); 13 (ii) a traditional village council recognized by the 14 United States as eligible for federal aid to Indians; or 15 (iii) an incorporated nonprofit entity or Native village 16 council that the Department of Commerce, Community, and Economic 17 Development, with advice from the Department of Law, has 18 determined is eligible to receive and spend a community assistance 19 [REVENUE SHARING] payment under AS 29.60.865, if the 20 incorporated nonprofit entity or Native village council agrees to act as a 21 village governing body for the purposes of this chapter and provides for 22 the ongoing maintenance of a project funded under this chapter.