00 CS FOR SENATE BILL NO. 29(CRA)
01 "An Act relating to certain programs of state aid to municipalities and recipients
02 in the unorganized borough; and providing for an effective date."
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
04 * Section 1. AS 29.10.200(50) is amended to read:
05 (50) AS 29.60.120(a) and (c) (priority revenue sharing [STATE AID]
06 for health facilities and hospitals);
07 * Sec. 2. AS 29.20.640(b) is amended to read:
08 (b) Compliance with the provisions of this section is a prerequisite to receipt
09 of municipal tax resource equalization assistance under AS 29.60.010 - 29.60.080 and
10 priority revenue sharing [STATE AID] for [MISCELLANEOUS] municipal services
11 under AS 29.60.100 - 29.60.180. If a municipality does not comply with this section,
12 the department shall withhold the allocations until the required reports are filed.
13 * Sec. 3. AS 29.45.020 is amended to read:
14 Sec. 29.45.020. Taxpayer notice. (a) If a municipality levies and collects
01 property taxes, the governing body shall provide the following notice:
02 "NOTICE TO TAXPAYER
03 For the current fiscal year the (city)(borough) has been allocated the following amount
04 of state aid for school and municipal purposes under the applicable financial assistance
05 Acts:
06 PUBLIC SCHOOL FOUNDATION PROGRAM
07 ASSISTANCE (AS 14.17) $
08 STATE AID FOR RETIREMENT OF SCHOOL
09 CONSTRUCTION DEBT (AS 14.11.100) $
10 MUNICIPAL TAX RESOURCE EQUALIZATION
11 [ASSISTANCE] (AS 29.60.010 - 29.60.080) $
12 PRIORITY REVENUE SHARING [STATE
13 AID] FOR [MISCELLANEOUS] MUNICIPAL
14 SERVICES (AS 29.60.100 - 29.60.180) $
15 REVENUE SHARING FOR SAFE COMMUNITIES
16 (AS 29.60.350 - 29.60.375) $
17 TOTAL AID $
18 The millage equivalent of this state aid, based on the dollar value of a mill in the
19 municipality during the current assessment year and for the preceding assessment year,
20 is:
21 MILLAGE EQUIVALENT
22 PREVIOUS YEAR THIS YEAR
23 PUBLIC SCHOOL FOUNDATION
24 PROGRAM ASSISTANCE . . . . MILLS . . . . MILLS
25 STATE AID FOR RETIREMENT
26 OF SCHOOL CONSTRUCTION
27 DEBT . . . .MILLS . . . .MILLS
28 MUNICIPAL TAX RESOURCE
29 EQUALIZATION [ASSISTANCE] . . . .MILLS . . . .MILLS
30 PRIORITY REVENUE SHARING
31 [STATE AID] FOR [MISCELLANEOUS]
01 MUNICIPAL SERVICES . . . .MILLS . . . .MILLS
02 REVENUE SHARING FOR SAFE
03 COMMUNITIES . . . .MILLS . . . .MILLS
04 TOTAL MILLAGE
05 EQUIVALENT . . . .MILLS . . . .MILLS"
06 Notice shall be provided
07 (1) by furnishing a copy of the notice with tax statements mailed for
08 the fiscal year for which aid is received; or
09 (2) by publishing in a newspaper of general circulation in the
10 municipality a copy of the notice once each week for a period of three successive
11 weeks, with publication to occur not later than 45 days after the final adoption of the
12 municipality's budget.
13 (b) Compliance with the provisions of this section is a prerequisite to receipt
14 of municipal tax resource equalization [ASSISTANCE] under AS 29.60.010 -
15 29.60.080 and priority revenue sharing [STATE AID] for [MISCELLANEOUS]
16 municipal services under AS 29.60.100 - 29.60.180. The department shall withhold
17 annual allocations under those sections until municipal officials demonstrate that the
18 requirements of this section have been met.
19 * Sec. 4. AS 29.45.660(b) is amended to read:
20 (b) Compliance with the provisions of this section is a prerequisite to receipt
21 of municipal tax resource equalization [ASSISTANCE] under AS 29.60.010 -
22 29.60.080 and priority revenue sharing [STATE AID] for [MISCELLANEOUS]
23 municipal services under AS 29.60.100 - 29.60.180. The department shall withhold
24 annual allocations under those sections until municipal officials demonstrate that the
25 requirements of this section have been met.
26 * Sec. 5. AS 29.60.100 is amended to read:
27 Sec. 29.60.100. Priority revenue sharing for municipal services [REVENUE
28 SHARING PAYABLE]. In addition to the equalization entitlements paid under
29 AS 29.60.010 - 29.60.080, during each fiscal year the department shall pay priority
30 revenue sharing for municipal services to [AID]
31 (1) [TO] a municipality or other eligible recipient that has the power
01 to provide the services described in AS 29.60.110 - 29.60.130 and exercises the power
02 in the manner required by AS 29.60.100 - 29.60.180;
03 (2) [TO] an unincorporated community under AS 29.60.140.
04 * Sec. 6. AS 29.60.170 is amended to read:
05 Sec. 29.60.170. Municipal [MISCELLANEOUS] services account. The
06 municipal [MISCELLANEOUS] services account is established. Money to carry out
07 the provisions of AS 29.60.100 - 29.60.180 shall be allocated by the department to the
08 account in accordance with AS 29.60.280. If amounts in the account are insufficient
09 to pay each municipality's or other recipient's share authorized under AS 29.60.100 -
10 29.60.180, the amounts that are available shall be distributed pro rata among eligible
11 municipalities and other recipients.
12 * Sec. 7. AS 29.60.280(b) is amended to read:
13 (b) Money in the municipal [MISCELLANEOUS] services account established
14 in AS 29.60.170 that exceeds the amount required to fully fund distributions authorized
15 by AS 29.60.100 - 29.60.180 shall be reallocated to the tax equalization account
16 established in AS 29.60.060 and distributed according to the provisions of
17 AS 29.60.010 - 29.60.080.
18 * Sec. 8. AS 29.60.350 is amended to read:
19 Sec. 29.60.350. Safe communities [MUNICIPAL ASSISTANCE] fund. (a)
20 To implement the revenue sharing for safe communities program, there [THERE]
21 is established in the department the safe communities [MUNICIPAL ASSISTANCE]
22 fund consisting of the base amount account and the per capita account. The
23 legislature may appropriate to the safe communities [MUNICIPAL ASSISTANCE]
24 fund during each fiscal year a total [AN] amount equal to or greater than 30 percent
25 of the income tax revenue received by the state under AS 43.20.011(e) for the previous
26 fiscal year. Unless otherwise provided in the appropriation, the department shall
27 allocate one-third of the money appropriated to the base amount account and
28 two-thirds to the per capita account.
29 (b) The department shall distribute money from the safe communities
30 [MUNICIPAL ASSISTANCE] fund to each municipality on an annual basis as
31 provided in AS 29.60.360 and 29.60.370 and as adjusted under AS 29.60.373. A
01 municipality may not receive payment until it submits to the department a resolution
02 approved by the governing body of the municipality that requests the money.
03 Distribution of money from the safe communities [MUNICIPAL ASSISTANCE] fund
04 to all municipalities must be made on July 31 [FEBRUARY 1] of the state fiscal year
05 for which the appropriation to the fund is made. A municipality that incorporates after
06 July 1 [DECEMBER 31] of a state fiscal year is not eligible for a distribution under
07 this section until the following state fiscal year.
08 * Sec. 9. AS 29.60.350 is amended by adding new subsections to read:
09 (c) Money from the revenue sharing for the safe communities program
10 distributed to a municipality shall be used by that municipality only for the following
11 services in the following ranking of priority:
12 (1) police protection and related public safety services;
13 (2) fire protection and emergency medical services;
14 (3) water and sewer services not offset by user fees;
15 (4) solid waste management;
16 (5) other services determined by the governing body to have the highest
17 priority.
18 (d) Subsection (c) of this section may not be construed to require a
19 municipality to fund all requests it receives for services in a category with a higher
20 ranking of priority before funding services in a category with a lower ranking of
21 priority.
22 * Sec. 10. AS 29.60.360 is amended to read:
23 Sec. 29.60.360. Base amount account distributions [OF ASSISTANCE].
24 (a) The base amount to be distributed from the base amount account [MUNICIPAL
25 ASSISTANCE FUND] to each municipality for the fiscal year shall be the amount
26 received by the municipality during fiscal year 1978 under AS 43.70.080 as that
27 section provided before the 1978 amendment. A city incorporated within a borough
28 after June 30, 1977, shall receive as a base amount a share of the amount distributed
29 to the borough in which it is located based on the ratio of population in the city to the
30 total population in the borough. A city incorporated outside a borough after June 30,
31 1977, shall receive as a base amount the amount received by the city in the state most
01 closely approximating it in population at the time of its incorporation. A borough
02 incorporated after June 30, 1977, shall receive as a base amount the amount received
03 by the borough in the state most closely approximating it in population at the time of
04 its incorporation, excluding each borough with a per capita full and true property
05 value exceeding $500,000. The base amount to be distributed to each municipality
06 organized under federal law shall be the amount received as a base amount by the city
07 most closely approximating it in population on June 30, 1977.
08 (b) If the amount in the base amount account from allocation of
09 appropriations [APPROPRIATED] to the safe communities [MUNICIPAL
10 ASSISTANCE] fund [BY THE LEGISLATURE] during a fiscal year is insufficient
11 for distribution of the full base amount to each municipality, the department shall
12 prorate the amount available for distribution [ON THE BASIS OF AMOUNTS
13 RECEIVED DURING THE FISCAL YEAR 1978 UNDER AS 43.70.080].
14 * Sec. 11. AS 29.60.365 is amended to read:
15 Sec. 29.60.365. Municipalities organized under federal law. To qualify to
16 receive money under AS 29.60.350 - 29.60.375 [AS 29.60.350 - 29.60.370], a
17 municipality organized under federal law as an Indian reserve that existed before
18 enactment of 43 U.S.C. 1618(a) and is continued in existence under that subsection
19 shall form a community development corporation with authority to determine how
20 money received under AS 29.60.350 - 29.60.375 [AS 29.60.350 - 29.60.370] will be
21 used. The charter must require that the governing board of the corporation shall be
22 elected at an annual election open to all residents of the municipality who are
23 registered and qualified to vote in state elections. The department may distribute
24 money for the municipality only to a corporation organized in accordance with this
25 section and only after the corporation has delivered a written waiver of sovereign
26 immunity from legal action by the state to recover all or a portion of the money
27 distributed under AS 29.60.350 - 29.60.375 [AS 29.60.350 - 29.60.370].
28 * Sec. 12. AS 29.60.370(a) is amended to read:
29 Sec. 29.60.370. Per capita account distribution [INCREASED
30 ASSISTANCE]. (a) The [IF THE] amount allocated to the per capita account in
31 the safe communities [MUNICIPAL ASSISTANCE] fund [AT THE TIME OF
01 DISTRIBUTION EXCEEDS THE BASE AMOUNT TO BE DISTRIBUTED UNDER
02 AS 29.60.360, THE EXCESS AMOUNT] shall be distributed to each municipality on
03 the basis of population. Population for the purpose of this section shall be as certified
04 by the commissioner of community and regional affairs. In determining the population
05 of a borough, the population of all cities in the borough shall be deducted from the
06 total population of the borough.
07 * Sec. 13. AS 29.60 is amended by adding new sections to read:
08 Sec. 29.60.372. Minimum payment. If a municipality qualifies for a payment
09 during a fiscal year under AS 29.60.010 - 29.60.080, 29.60.100 - 29.60.180, 29.60.290,
10 or 29.60.350 and if the total amount payable to the municipality under those sections
11 is less than $40,000, the department shall pay to the municipality a minimum payment
12 in an amount equal to the difference between the total amount payable under those
13 sections and $40,000 as adjusted under AS 29.60.373.
14 Sec. 29.60.373. Adjustment of payments. Adjustment of payments shall be
15 determined by prorating amounts payable under AS 29.60.360, 29.60.370, and
16 29.60.372 by a factor that, when applied, reduces all payments in equal proportion so
17 that total payments equal the amount appropriated to the safe communities fund.
18 * Sec. 14. AS 29.60.375 is amended to read:
19 Sec. 29.60.375. Definition. In AS 29.60.350 - 29.60.375 [AS 29.60.350 -
20 29.60.370] "municipality" includes a municipality organized under federal law as an
21 Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in
22 existence under that subsection.
23 * Sec. 15. AS 29.60.370(b) is repealed.
24 * Sec. 16. This Act takes effect July 1, 1997.