00 SENATE BILL NO. 287                                                                                                     
01 "An Act relating to the unincorporated community capital project matching grant                                         
02 program; and providing for an effective date."                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 37.06.020(b) is amended to read:                                                                    
05  (b)  The unincorporated community capital project matching grant fund is                                              
06 established in the department and consists of appropriations to the fund. Appropriations                                
07 to the fund do not lapse except as provided in (h) of this section.  The money in the                                   
08 fund is held by the department in custody under this subsection for each                                                
09 unincorporated community eligible for an allocation under this subsection.  The                                         
10 department shall establish an individual grant account within the fund for each eligible                              
11 unincorporated community [THAT WAS ENTITLED TO RECEIVE STATE AID                                                        
12 UNDER AS 29.60.140 DURING THE PRECEDING FISCAL YEAR].  As provided                                                      
13 in this subsection, each fiscal year the department shall allocate, to the individual grant                             
14 accounts, appropriations to the fund.  An unincorporated community is eligible for an                                   
01 allocation in a fiscal year if the requirements of (d) are met and the community (1)                                
02 was eligible to receive state aid under AS 29.60.140 during the preceding fiscal year;                                 
03 or (2) is located in a borough, other than a unified municipality, and was a place                                      
04 in which 25 or more individuals resided as a social unit during the preceding                                           
05 fiscal year.  The department shall credit interest earned on money in an individual                                    
06 grant account to that account. Except as provided in (c) of this section, the amount                                    
07 allocated under this subsection to an individual grant account in a fiscal year is                                      
08 determined by dividing the total amount appropriated to the fund during that fiscal year                                
09 by the number of unincorporated communities eligible for an allocation during that                                      
10 fiscal year.                                                                                                            
11    * Sec. 2.  AS 37.06.020(d) is amended to read:                                                                       
12  (d)  The department shall designate, in each eligible unincorporated community,                                       
13 an incorporated nonprofit entity or a Native village council that agrees to receive and                                 
14 spend grant money allocated to the unincorporated community's individual grant                                          
15 account under (b) of this section.  If the community is located in a borough, the                                      
16 department may only designate an entity that has been approved by the assembly                                          
17 and the department must have written evidence of that approval.  If there is more                                      
18 than one qualified entity in a community, the department shall designate the entity that                                
19 the department finds most qualified to make draws from that unincorporated                                              
20 community's individual grant account and spend the money.  If there is no qualified                                     
21 incorporated nonprofit entity or Native village council in an unincorporated community                                  
22 that will agree to receive and spend money allocated to the community under (b) of                                      
23 this section, draws may not be made from the unincorporated community's individual                                      
24 grant account and the amount allocated to the account lapses into the general fund.                                    
25 An entity qualifies for designation under this subsection only if it                                                    
26   (1)  was formed to serve a public or civic purpose;                                                                  
27   (2)  is registered and in good standing with the Department of                                                       
28 Commerce and Economic Development if it is a nonprofit corporation;                                                     
29   (3)  agrees to use the grant money for a public purpose;                                                             
30   (4)  provides the residents of the community with a public facility                                                  
31 or service;                                                                                                             
01   (5)  has held a public meeting to give residents of the community the                                                
02 opportunity to express their preferences and ideas for use of the grant money;                                          
03 and                                                                                                                     
04   (6)  agrees to make a facility provided with grant money available                                                   
05 to every person in the community.                                                                                      
06    * Sec. 3.  AS 37.06.020(e) is amended to read:                                                                       
07  (e)  By October 1 of each fiscal year, the incorporated nonprofit entity or                                           
08 Native village council designated by the department under (d) of this section shall                                     
09 submit to the governor a prioritized list of capital projects and estimated costs to be                                 
10 financed with money from the community's individual grant account established under                                     
11 (b) of this section. The list must include the amount and source of the local share                                     
12 required by AS 37.06.030.  If the community is located in a borough, the list is                                       
13 subject to approval of the assembly and must be accompanied by written evidence                                         
14 of that approval.  The governor shall include in the capital improvements program                                      
15 presented to the legislature under AS 37.07.060 the projects submitted by designated                                    
16 entities under this subsection that the governor recommends for funding. If, in the                                     
17 capital improvements program, the governor includes projects in other than the priority                                 
18 order submitted by a designated entity, the governor shall provide the legislature with                                 
19 a written statement of the reasons for that action.                                                                     
20    * Sec. 4.  This Act takes effect July 1, 1996.