00 HOUSE BILL NO. 341 01 "An Act repealing certain funds and accounts; relating to receipts of certain state 02 agencies and the accounting for and disposition of those receipts; making conforming 03 amendments; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE. The practices of designating program receipts for specific purposes, 08 subject to appropriation, and depositing money into specific funds and accounts allow the 09 segregation of unrestricted general fund revenue into special-purpose funds and accounts. It is 10 a purpose of this Act to end those practices. Those practices have certain of the faults sought 11 to be prevented by the dedicated fund prohibition set out in art. IX, sec. 7, Constitution of the 12 State of Alaska. The practices of designating program receipts and depositing money directly 13 into funds and accounts effectively limit the discretion of the legislature to expend receipts for 14 any public purpose. The practices create constituent interests that actively support the 01 continuance of appropriations for specific purposes. The purpose of this Act also is to reduce 02 the number of funding sources for appropriations so that the amount of expenditures of 03 unrestricted state revenue is readily apparent. 04  * Sec. 2. AS 04.11.590(c) is amended to read: 05 (c) The legislature may appropriate the annual estimated balance derived  06 from the sources described in (a) and (b) of this section [IN THE ACCOUNT 07 MAINTAINED BY THE COMMISSIONER OF ADMINISTRATION UNDER 08 AS 37.05.142 MAY BE USED BY THE LEGISLATURE TO MAKE 09 APPROPRIATIONS] to the Department of Public Safety to carry out the purposes of 10 AS 04.06. 11  * Sec. 3. AS 05.20.060(c) is amended to read: 12 (c) Fees collected under this section shall be deposited in the general fund 13 [BUILDING SAFETY ACCOUNT CREATED BY AS 44.31.025]. 14  * Sec. 4. AS 05.25.096(b) is amended to read: 15 (b) The legislature may appropriate the annual estimated balance of the 16 [DEPARTMENT OF ADMINISTRATION SHALL SEPARATELY ACCOUNT 17 FOR] fees collected under (a) of this section for boat registration that are deposited in 18 the general fund [. THE ANNUAL ESTIMATED BALANCE IN THAT ACCOUNT 19 MAY BE USED BY THE LEGISLATURE TO MAKE APPROPRIATIONS] to the 20 department and the Department of Administration to carry out the purposes of this 21 chapter. 22  * Sec. 5. AS 08.88.071(b) is amended to read: 23 (b) When an award is allowed under AS 08.88.455 - 08.88.495 [MADE 24 FROM THE REAL ESTATE SURETY FUND UNDER THIS CHAPTER], the 25 commission may suspend the license of the real estate licensee whose actions formed 26 the basis of the award. A suspension ordered under this subsection shall be lifted if the 27 licensee reaches an agreement with the commission on terms and conditions for the 28 repayment [TO THE REAL ESTATE SURETY FUND] of the money awarded to the 29 claimant and the costs of hearing the claim under AS 08.88.465 and if the licensee 30 satisfies the requirements of AS 08.88.095. The suspension shall be reimposed if the 31 licensee violates the terms of a repayment agreement entered into under this 01 subsection. 02  * Sec. 6. AS 08.88.173(b) is amended to read: 03 (b) If a loss covered by the fidelity bond required under this section is also 04 reimbursable as a claim under AS 08.88.455 - 08.88.495 [FROM THE REAL 05 ESTATE SURETY FUND], the owners' association that suffered the loss may not 06 recover under the bond until the association has filed a claim for reimbursement under 07 AS 08.88.460 and proceedings relating to the claim are concluded. 08  * Sec. 7. AS 08.88.281 is amended to read: 09 Sec. 08.88.281. Payment of fee [REAL ESTATE SURETY FUND]. Before 10 issuing a license to an applicant under this chapter, the commission shall ensure that 11 the applicant has complied with the provisions of AS 08.88.455 [AND IS COVERED 12 BY THE REAL ESTATE SURETY FUND ESTABLISHED IN AS 08.88.450]. 13  * Sec. 8. AS 08.88.455 is amended to read: 14 Sec. 08.88.455. Payments by real estate licensees. (a) A real estate licensee, 15 when applying for or renewing a real estate license, in lieu of obtaining a corporate 16 surety bond, shall pay to the commission in addition to the license fee, a [SURETY 17 FUND] fee not to exceed $125. [AFTER EACH TWO-YEAR LICENSING CYCLE, 18 IF THE COMMISSION FINDS THAT THE AVERAGE BALANCE IN THE 19 SURETY FUND DURING THE TWO-YEAR LICENSING CYCLE WAS LESS 20 THAN $250,000 OR MORE THAN $500,000, THE COMMISSION SHALL BY 21 REGULATION ADJUST THE SURETY FUND FEES SO THAT THE AVERAGE 22 BALANCE OF THE SURETY FUND DURING THE NEXT TWO-YEAR 23 LICENSING CYCLE IS ANTICIPATED TO BE AN AMOUNT THAT IS NOT 24 LESS THAN $250,000 OR MORE THAN $500,000. IN THIS SUBSECTION, 25 "AVERAGE BALANCE" MEANS THE AVERAGE BALANCE AFTER TAKING 26 INTO ACCOUNT ANTICIPATED EXPENDITURES FOR CLAIMS AGAINST 27 THE FUND, FOR HEARING AND LEGAL EXPENSES DIRECTLY RELATED 28 TO FUND OPERATIONS AND CLAIMS, AND FOR REAL ESTATE 29 EDUCATIONAL PURPOSES.] 30 (b) All fees collected under this section shall be deposited [PAID AT LEAST 31 ONCE A MONTH BY THE DEPARTMENT] into the general fund. [THESE 01 PAYMENTS SHALL BE CREDITED TO THE REAL ESTATE SURETY FUND.] 02  * Sec. 9. AS 08.88.455 is amended by adding a new subsection to read: 03 (c) The commission shall submit to the legislature a request for appropriation 04 each fiscal year to pay successful claims for reimbursement under AS 08.88.455 - 05 08.88.495. 06  * Sec. 10. AS 08.88.460(d) is amended to read: 07 (d) A claimant under this section shall pay a filing fee of $250 to the 08 commission at the time the claim is filed. The filing fee shall be refunded if the 09 (1) commission makes an award to the claimant [FROM THE REAL 10 ESTATE SURETY FUND]; 11 (2) claim is dismissed under (c) of this section; or 12 (3) claim is withdrawn by the claimant before the office of 13 administrative hearings (AS 44.64.010) holds a hearing on the claim. 14  * Sec. 11. AS 08.88.465(c) is amended to read: 15 (c) Before the commission finds that payment should be made [FROM THE 16 REAL ESTATE SURETY FUND], each real estate licensee against whom the claim is 17 made shall be afforded an opportunity to file with the commission, within 10 days 18 after receipt of notification of the claim under AS 08.88.460(b), either a written 19 statement in opposition to the claim or an application for the presentation of additional 20 evidence. 21  * Sec. 12. AS 08.88.470 is amended to read: 22 Sec. 08.88.470. Findings and payment. At the conclusion of the commission's 23 consideration of a claim made under AS 08.88.460, it shall make written findings and 24 conclusions on the evidence. If the commission finds that the claimant has suffered a 25 loss in a real estate transaction as a result of fraud, misrepresentation, deceit, or the 26 conversion of trust funds or the conversion of community association accounts under 27 the control of a community association manager on the part of a real estate licensee, 28 the commission may award a claimant reimbursement [FROM THE REAL ESTATE 29 SURETY FUND] for the claimant's loss up to $15,000. Not more than $15,000 may 30 be paid for each transaction regardless of the number of persons injured or the number 31 of parcels of real estate involved in the transaction. 01  * Sec. 13. AS 08.88.472(a) is amended to read: 02 (a) The commission may include in its appropriation request under  03 AS 08.88.455(c) the funds necessary to pay its [CHARGE TO THE REAL ESTATE 04 SURETY FUND] hearing and legal expenses related to claims presented under  05 AS 08.88.460 [FUND OPERATIONS] and claims made under AS 08.88.460. The 06 commission shall deposit into the general [REAL ESTATE SURETY] fund amounts 07 recovered for these expenses from the licensee under AS 08.88.071(b) or from other 08 parties under AS 08.88.490. 09  * Sec. 14. AS 08.88.472(b) is amended to read: 10 (b) An amount that is part of the commission's appropriation request 11 [CHARGED TO THE FUND BY THE COMMISSION] for costs under (a) of this 12 section may not be considered in determining the maximum reimbursement to be 13 awarded under AS 08.88.470 or in determining the maximum liability [OF THE 14 REAL ESTATE SURETY FUND] under AS 08.88.475. 15  * Sec. 15. AS 08.88.472(c) is amended to read: 16 (c) The commission may contract under AS 36.30 (State Procurement Code) 17 with a person for the person to perform legal services for the commission with regard 18 to a claim [AGAINST THE REAL ESTATE SURETY FUND]. The contract may 19 cover one or more claims. 20  * Sec. 16. AS 08.88.474 is amended to read: 21 Sec. 08.88.474. Payment of small claims judgment. If a claim originally filed 22 with the commission is dismissed and is heard as a small claims action under 23 AS 08.88.460(c) and the claimant prevails in the small claims action against a real 24 estate licensee, the commission shall make an award [FROM THE FUND] of any 25 outstanding portion of the small claims judgment on receipt of a copy of the final 26 judgment and an affidavit from the claimant stating that more than 30 days have 27 elapsed since the judgment became final and that the judgment has not yet been 28 satisfied by the licensee determined responsible. After payment of a small claims 29 judgment, the commission is subrogated to the claimant's rights in the judgment under 30 AS 08.88.490. 31  * Sec. 17. AS 08.88.475 is amended to read: 01 Sec. 08.88.475. Maximum liability. (a) The maximum liability for the  02 commission's appropriation request [OF THE REAL ESTATE SURETY FUND] 03 may not exceed $50,000 for any one real estate licensee. 04 (b) If the $50,000 liability [OF THE FUND] as provided in (a) of this section 05 is insufficient to pay in full the valid claims of all persons who have filed claims 06 against an individual licensee, the $50,000 shall be distributed among the claimants in 07 the ratio that their individual claims bear to the aggregate of valid claims, or in another 08 manner that the commission considers equitable. Distribution shall be among the 09 persons entitled to share in the recovery without regard to the order in which their 10 claims were filed. 11  * Sec. 18. AS 08.88.480 is amended to read: 12 Sec. 08.88.480. Order of claim payment. If the money received in the  13 appropriation to the commission [DEPOSITED IN THE REAL ESTATE SURETY 14 FUND] is insufficient at a given time to satisfy a legally [DULY] authorized claim 15 [AGAINST THE FUND], the commission shall, when sufficient money has been 16 [DEPOSITED IN THE FUND AND] appropriated, satisfy unpaid claims in the order 17 that the claims were originally filed, plus accumulated interest at the rate of eight 18 percent a year. 19  * Sec. 19. AS 08.88.490 is amended to read: 20 Sec. 08.88.490. Right to subrogation. When the commission has paid to a 21 claimant [FROM THE REAL ESTATE SURETY FUND] the sum awarded by the 22 commission, the commission shall be subrogated to all of the rights of the claimant to 23 the amount paid, and the claimant shall assign all right, title, and interest in that 24 portion of the claim to the commission. Money collected by the commission on the 25 claim shall be deposited into the general [TO THE REAL ESTATE SURETY] fund. 26  * Sec. 20. AS 08.88.495 is amended to read: 27 Sec. 08.88.495. Disciplinary action against brokers and salesmen.  28 Repayment in full of all obligations to the commission [REAL ESTATE SURETY 29 FUND] does not nullify or modify the effect of disciplinary proceedings brought 30 under the provisions of this chapter. 31  * Sec. 21. AS 12.25.195(c) is amended to read: 01 (c) Disposition of an offense under (a) of this section may not occur unless the 02 person cited for the offense pays the surcharge prescribed in AS 12.55.039 in addition 03 to the scheduled bail or fine amount. The surcharge required to be paid under this 04 subsection shall be deposited into the general fund [AND ACCOUNTED FOR 05 UNDER AS 37.05.142]. 06  * Sec. 22. AS 12.55.036(g) is amended to read: 07 (g) Money collected under this section shall be deposited into the general fund 08 [AND SEPARATELY ACCOUNTED FOR UNDER AS 37.05.142]. The annual 09 estimated balance of the amounts of [IN THE ACCOUNT MAINTAINED UNDER 10 AS 37.05.142 FOR] day fines collected under this section may be appropriated by the 11 legislature as follows: (1) 25 percent of the annual estimated balance for grants and 12 claims paid by the Council on Domestic Violence and Sexual Assault; (2) 25 percent 13 of the annual estimated balance for grants and claims paid by the Violent Crimes 14 Compensation Board; and (3) the balance for any lawful purpose. Nothing in this 15 subsection creates a dedicated fund. 16  * Sec. 23. AS 12.55.039(d) is amended to read: 17 (d) Money collected under this section shall be deposited into the general fund 18 [AND ACCOUNTED FOR UNDER AS 37.05.142]. 19  * Sec. 24. AS 12.62.160(d) is amended to read: 20 (d) Notwithstanding AS 40.25, a criminal justice agency may charge fees, 21 established by regulation or municipal ordinance, for processing requests for records 22 under this chapter, unless the request is from a criminal justice agency or is required 23 for purposes of discovery in a criminal case. In addition to fees charged under 24 AS 44.41.025 for processing fingerprints through the Alaska automated fingerprint 25 system, the department may charge fees for other services in connection with the 26 processing of information requests, including fees for contacting other jurisdictions to 27 determine the disposition of an out-of-state arrest or to clarify the nature of an out-of- 28 state conviction. The department may also collect and account for fees charged by the 29 Federal Bureau of Investigation for processing fingerprints forwarded to the bureau by 30 the department. The legislature may appropriate the annual estimated balance of the  31 amounts of the fees described in this subsection [IN THE ACCOUNT 01 MAINTAINED BY THE COMMISSIONER OF ADMINISTRATION UNDER 02 AS 37.05.142 MAY BE USED BY THE LEGISLATURE TO MAKE 03 APPROPRIATIONS] to the department to carry out the purposes of this chapter. 04  * Sec. 25. AS 13.26.410(f) is amended to read: 05 (f) The legislature may appropriate the annual estimated balance of the fees  06 collected under this section [IN THE ACCOUNT MAINTAINED UNDER 07 AS 37.05.142 MAY BE USED BY THE LEGISLATURE TO MAKE 08 APPROPRIATIONS] to the Department of Administration to carry out the purposes 09 of AS 44.21.400 - 44.21.410 (office of public advocacy). 10  * Sec. 26. AS 13.50.150(a) is amended to read: 11 (a) An applicant for a motor vehicle or identification document may donate $1 12 or more [TO THE FUND] to promote the donation of body parts under AS 13.52 13 (Health Care Decisions Act). The donation is voluntary and may be declined by the 14 applicant. The department shall make available to all applicants information on the 15 importance of making gifts. 16  * Sec. 27. AS 14.03.125(a) is amended to read: 17 (a) The commissioner may [FUND FOR THE IMPROVEMENT OF 18 SCHOOL PERFORMANCE IS CREATED AS AN ACCOUNT IN THE GENERAL 19 FUND. THE FUND SHALL BE USED BY THE COMMISSIONER TO] make grants 20 to a district located in the state for the purpose of improving school performance from  21 money appropriated by the legislature [. THE FUND CONSISTS OF MONEY 22 APPROPRIATED BY THE LEGISLATURE]. The commissioner shall annually 23 determine the amount requested for grants under this section and shall include the 24 amount in the department's budget request. 25  * Sec. 28. AS 14.11.008(a) is amended to read: 26 (a) In order to receive a grant under this chapter [OR AN APPROPRIATION 27 UNDER AS 37.05.560], a district must provide a percentage share of the project cost, 28 as determined under (b) or (c) of this section. A district shall provide the required 29 participating share within three years after the date that the appropriation bill funding 30 the grant is passed by the legislature. 31  * Sec. 29. AS 14.11.011(b) is amended to read: 01 (b) For a municipality that is a school district or a regional educational 02 attendance area to be eligible for a grant under this chapter, the district shall submit 03 (1) a six-year capital improvement plan that includes a description of 04 the district's fixed asset inventory system and preventive maintenance program not 05 [NO] later than September 1 of the fiscal year before the fiscal year for which the 06 request is made; the six-year plan must contain for each proposed project a detailed 07 scope of work, a project budget, and documentation of conditions justifying the 08 project; 09 (2) evidence that the district [HAS SECURED AND WILL 10 MAINTAIN ADEQUATE PROPERTY LOSS INSURANCE FOR THE 11 REPLACEMENT COST OF ALL FACILITIES FOR WHICH STATE FUNDS ARE 12 AVAILABLE UNDER AS 14.11.005 OR 14.11.007 OR] has a program of insurance 13 acceptable to the department; 14 (3) evidence acceptable to the department that the proposed project 15 should be a capital improvement project and not part of a preventive maintenance 16 program or regular custodial care program; and 17 (4) evidence acceptable to the department that the district 18 (A) has a preventive maintenance plan that 19 (i) includes a computerized maintenance management 20 program, cardex system, or other formal systematic means of tracking 21 the timing and costs associated with planned and completed 22 maintenance activities, including scheduled preventive maintenance; 23 (ii) addresses energy management for buildings owned 24 or operated by the district; 25 (iii) includes a regular custodial care program for 26 buildings owned or operated by the district; 27 (iv) includes preventive maintenance training for 28 facility managers and maintenance employees; 29 (v) includes renewal and replacement schedules for 30 electrical, mechanical, structural, and other components of facilities 31 owned or operated by the district; and 01 (B) is adequately adhering to the preventive maintenance plan. 02  * Sec. 30. AS 14.11.100(b) is amended to read: 03 (b) The commissioner shall administer the program of reimbursement 04 authorized under this section and shall provide by regulation for the filing of 05 applications for reimbursement, the form of proof of costs for which application for 06 reimbursement is made, and other regulations necessary to administer the program. An 07 amount due a municipality for reimbursement under this section may not be reduced 08 by the cost to the department to administer the reimbursement program. The 09 commissioner shall exclude from the total school construction cost of the local district 10 all state and federal funds included in these costs except funds provided under this 11 section [AND AS 43.50.140]. 12  * Sec. 31. AS 14.17.400(b) is amended to read: 13 (b) If the amount appropriated by the legislature for public education [TO 14 THE PUBLIC EDUCATION FUND] for purposes of this chapter is insufficient to 15 meet the amounts authorized under (a) of this section for a fiscal year, the department 16 shall reduce pro rata each district's basic need by the necessary percentage as 17 determined by the department. If the basic need of each district is reduced under this 18 subsection, the department shall also reduce state funding for centralized 19 correspondence study and the state boarding school by the same percentage. 20  * Sec. 32. AS 14.17.430 is amended to read: 21 Sec. 14.17.430. State funding for correspondence study. Except as provided 22 in AS 14.17.400(b) for a reduction in state funding, funding for the state centralized 23 correspondence study program or a district correspondence program, including a 24 district that offers a statewide correspondence study program, includes an allocation 25 from the amount appropriated by the legislature for public education under  26 AS 14.17.400(b) [PUBLIC EDUCATION FUND] in an amount calculated by 27 multiplying the ADM of the correspondence program by 80 percent. 28  * Sec. 33. AS 14.17.440(a) is amended to read: 29 (a) Except as provided in AS 14.17.400(b) for a reduction in state funding, 30 funding for state boarding schools established under AS 14.16.010 includes an 31 allocation from the amount appropriated by the legislature for public education  01 under AS 14.17.400(b) [PUBLIC EDUCATION FUND] in an amount calculated by 02 (1) determining the ADM of state boarding schools by applying the 03 school size factor to the student count as described in AS 14.17.450; 04 (2) multiplying the number obtained under (1) of this subsection by the 05 special needs factor in AS 14.17.420(a)(1) and multiplying that product by the base 06 student allocation; and 07 (3) multiplying the product determined under (2) of this subsection by 08 the district cost factor that is applicable to calculation of the state aid for the adjacent 09 school district under AS 14.17.460. 10  * Sec. 34. AS 14.17.610(b) is amended to read: 11 (b) Distribution of state aid under (a) of this section shall be made as required 12 under AS 14.17.410. If a district receives more state aid than it is entitled to receive 13 under this chapter, the district shall immediately remit the amount of overpayment to 14 the commissioner, to be returned to the general [PUBLIC EDUCATION] fund. The 15 department may make adjustments to a district's state aid to correct underpayments 16 made in previous fiscal years. 17  * Sec. 35. AS 14.17.900(b) is amended to read: 18 (b) Money to carry out the provisions of this chapter may be appropriated 19 annually by the legislature [INTO THE PUBLIC EDUCATION FUND]. If the 20 amount appropriated [TO THE FUND] for the purposes of this chapter is insufficient 21 to meet the allocations authorized under AS 14.17.400 - 14.17.470 for a fiscal year, 22 state aid shall be reduced according to AS 14.17.400(b). 23  * Sec. 36. AS 14.20.020(e) is amended to read: 24 (e) The legislature may use the annual estimated balance of the fees for  25 teacher certification collected under this section, exclusive of amounts relating to  26 the fees collected for criminal justice information and national criminal history  27 record checks, [IN THE ACCOUNT MAINTAINED BY THE COMMISSIONER 28 OF ADMINISTRATION UNDER AS 37.05.142 MAY BE USED BY THE 29 LEGISLATURE] to make appropriations to the department to carry out the purposes 30 of this section and to support the activities of the Professional Teaching Practices 31 Commission under AS 14.20.460, 14.20.470, and 14.20.500. 01  * Sec. 37. AS 16.05.480(e) is amended to read: 02 (e) Except as provided under AS 16.05.470 [AND AS 23.35.060], fees 03 collected from the sale of crewmember fishing licenses under this section may be 04 appropriated into the fish and game fund. 05  * Sec. 38. AS 18.60.360(c) is amended to read: 06 (c) The Department of Labor and Workforce Development shall give an 07 official receipt for an inspection fee collected under this section and shall transfer the 08 amount of the fee to the Department of Revenue for deposit in the general fund 09 [BUILDING SAFETY ACCOUNT CREATED UNDER AS 44.31.025 IN THE 10 STATE TREASURY]. 11  * Sec. 39. AS 18.60.395(e) is amended to read: 12 (e) A person shall pay a nonrefundable application fee of $200 when applying 13 for a license as a boiler operator. Fees collected under this section shall be deposited in 14 the general fund [BUILDING SAFETY ACCOUNT CREATED UNDER 15 AS 44.31.025]. 16  * Sec. 40. AS 18.60.800(f) is amended to read: 17 (f) Inspection fees collected under (b) of this section shall be deposited into 18 the general fund [BUILDING SAFETY ACCOUNT CREATED UNDER 19 AS 44.31.025]. 20  * Sec. 41. AS 18.62.030(b) is amended to read: 21 (b) Fees collected under (a) of this section shall be deposited into the general  22 fund [BUILDING SAFETY ACCOUNT CREATED UNDER AS 44.31.025]. 23  * Sec. 42. AS 18.74.180 is amended to read: 24 Sec. 18.74.180. Separate accounting. The fee received under AS 18.74.080(c) 25 and the civil penalties imposed under AS 18.74.160 shall be deposited into the general 26 fund [AND SEPARATELY ACCOUNTED FOR UNDER AS 37.05.142]. The 27 legislature may appropriate the annual estimated balance of those fees and civil  28 penalties [MONEY ACCOUNTED FOR UNDER THIS SECTION] to the fire 29 prevention and public safety fund established under AS 18.74.210. 30  * Sec. 43. AS 19.10.075(b) is amended to read: 31 (b) The legislature may appropriate 50 percent of the annual estimated  01 balance of the fines for offenses committed in a traffic safety corridor imposed under 02 AS 28.90.030 and collected [AND SEPARATELY ACCOUNTED FOR] by the state 03 [UNDER AS 37.05.142,] to the division of the Department of Transportation and 04 Public Facilities responsible for highway safety planning, for highway safety 05 programs. 06  * Sec. 44. AS 19.65.070(a) is amended to read: 07 (a) The Alaska marine highway system shall account for and remit to the 08 Department of Revenue in accordance with AS 37.10.050 all gross revenue generated 09 from the operation of the Alaska marine highway system during each annual operating 10 cycle. The money shall then be deposited in the general [ALASKA MARINE 11 HIGHWAY SYSTEM] fund. 12  * Sec. 45. AS 19.65.070(c) is amended to read: 13 (c) The Department of Revenue shall prepare a written report, not [NO] later 14 than the 10th legislative day of each regular legislative session, regarding the earnings 15 on gross revenue of the Alaska marine highway system that was deposited into the 16 general [ALASKA MARINE HIGHWAY SYSTEM] fund during the prior fiscal year 17 and projected earnings on gross revenue of the Alaska marine highway system that is 18 projected to be deposited into the general [ALASKA MARINE HIGHWAY 19 SYSTEM] fund for the current fiscal year and the next fiscal year. The Department of 20 Revenue shall notify the legislature that the report is available. 21  * Sec. 46. AS 23.05.067(a) is amended to read: 22 (a) Each insurer providing workers' compensation insurance and each 23 employer who is self-insured or uninsured for purposes of AS 23.30 in this state shall 24 pay an annual service fee to the department for the administrative expenses of the state 25 for workers' safety programs under AS 18.60 and the workers' compensation program 26 under AS 23.30 as follows: 27 (1) for each employer, 28 (A) except as provided in (b) of this section, the service fee 29 shall be paid each year to the department at the time that the annual report is 30 required to be filed under AS 23.30.155(m) or (n); and 31 (B) the service fee is 2.9 percent of all payments reported to the 01 Alaska Workers' Compensation Board under AS 23.30.155(m) or (n) [, 02 EXCEPT SECOND INJURY FUND PAYMENTS]; and 03 (2) for each insurer, the director of the division of insurance shall, 04 under (e) of this section, deposit from funds received from the insurer under 05 AS 21.09.210 a service fee of 1.82 percent of the direct premium income for workers' 06 compensation insurance received by the insurer during the year ending on the 07 preceding December 31, subject to all the deductions specified in AS 21.09.210(b). 08  * Sec. 47. AS 23.05.067(e) is amended to read: 09 (e) Annual service fees and civil penalties collected under this section shall be 10 deposited in the general fund [WORKERS' SAFETY AND COMPENSATION 11 ADMINISTRATION ACCOUNT IN THE STATE TREASURY. UNDER 12 AS 37.05.146(c), THE SERVICE FEES AND CIVIL PENALTIES SHALL BE 13 ACCOUNTED FOR SEPARATELY, AND APPROPRIATIONS FROM THE 14 ACCOUNT ARE NOT MADE FROM THE UNRESTRICTED GENERAL FUND]. 15 The legislature may appropriate [MONEY] from the general fund the annual  16 estimated balance of these service fees and civil penalties [ACCOUNT] for 17 expenditures by the department for necessary costs incurred by the department in the 18 administration of the workers' safety programs contained in AS 18.60 and of the 19 Alaska Workers' Compensation Act contained in AS 23.30. [NOTHING IN THIS 20 SUBSECTION CREATES A DEDICATED FUND OR DEDICATES THE MONEY 21 IN THE ACCOUNT FOR A SPECIFIC PURPOSE. MONEY DEPOSITED IN THE 22 ACCOUNT DOES NOT LAPSE AT THE END OF A FISCAL YEAR UNLESS 23 OTHERWISE PROVIDED BY AN APPROPRIATION.] 24  * Sec. 48. AS 23.15.125(b) is amended to read: 25 (b) Subject to (c) and (d) of this section, the agency may use money 26 appropriated to it [IN THE FUND ESTABLISHED UNDER THIS SECTION] to 27 guarantee 90 percent of the principal amount of a loan or to subsidize the interest rate 28 of a loan guaranteed by the agency for appropriate assistive technology that is best 29 suited for enabling a person with a disability to 30 (1) obtain or maintain employment; or 31 (2) live more independently. 01  * Sec. 49. AS 23.15.125(d) is amended to read: 02 (d) The director shall establish an assistive technology loan committee within 03 the agency. The committee shall consist of the director, or the director's designee, a 04 representative of a financial institution who is experienced with consumer loans, and 05 at least one but not more than three persons with disabilities. The committee shall 06 (1) establish guidelines for providing loans under this section, 07 including guidelines relating to the maximum amounts and duration of loans and 08 guidelines to ensure that persons with disabilities who live in rural or remote areas of 09 the state have adequate access to loans under this section; 10 (2) annually establish the percentage of money received by  11 appropriation [IN THE FUND] that may be used for subsidizing the interest rates on 12 loans guaranteed under this section; and 13 (3) make reports and recommendations to the legislature on the 14 operation of the loan program. 15  * Sec. 50. AS 23.15.136 is amended to read: 16 Sec. 23.15.136. Group insurance for certain licensees. The agency shall 17 purchase group insurance coverage under AS 39.30.090 for licensees holding current 18 operating agreements. The employer share of the insurance premium shall be paid 19 from appropriations received under AS 23.15.125(b) [THE VOCATIONAL 20 REHABILITATION SMALL BUSINESS ENTERPRISE REVOLVING FUND]. 21  * Sec. 51. AS 23.15.630(c) is amended to read: 22 (c) The department shall assess and collect, under AS 23.20.185 - 23.20.275, 23 interest and penalties for delinquent reports and payments due under this section. 24 Interest and penalties collected shall be deposited in the general fund [HANDLED 25 IN ACCORDANCE WITH AS 23.20.130(d).] 26  * Sec. 52. AS 23.15.640(c) is amended to read: 27 (c) The department shall require an individual who participated in a program 28 that was funded at least in part by a grant under AS 23.15.651 and that included as a 29 program element the provision of necessary tools, work-related clothing, safety gear, 30 or other necessities to obtain or retain employment under (a)(6) of this section to 31 reimburse the department for the portion of the grant that was spent on an element 01 listed in (a)(6) of this section. Repayment shall begin not [NO] later than six months 02 after the individual completes or leaves the state training and employment program 03 and may not be less than $25 each calendar month. The department shall separately 04 account for receipts under this subsection. The annual estimated receipts may be used 05 by the legislature to make appropriations to the department [TO THE 06 EMPLOYMENT ASSISTANCE AND TRAINING PROGRAM ACCOUNT 07 (AS 23.15.625)] for grants under AS 23.15.651. The department shall institute 08 collection procedures on outstanding promissory notes for amounts due under this 09 subsection. Collection procedures must include obtaining a judgment for default on a 10 promissory note. The department shall seek satisfaction of the judgment from an 11 individual's permanent fund dividend to the extent possible under AS 43.23.065 until 12 the judgment has been satisfied. The department shall implement this subsection by 13 regulation. 14  * Sec. 53. AS 23.15.645(e) is amended to read: 15 (e) In making a grant under this section, the board shall require that the 16 qualified entity and grantees of the qualified entity limit the amount of the grant 17 proceeds spent on administration so that the total spent on administration from the 18 grant [PROCEEDS OF THE EMPLOYMENT ASSISTANCE AND TRAINING 19 PROGRAM ACCOUNT], including amounts spent by the board itself, does not 20 exceed 20 percent of program expenses in the prior fiscal year. 21  * Sec. 54. AS 23.15.835(c) is amended to read: 22 (c) The Department of Labor and Workforce Development shall assess and 23 collect, under AS 23.20.185 - 23.20.275, interest and penalties for delinquent reports 24 and payments due under this section. Interest and penalties collected shall be 25 deposited in the general fund [HANDLED IN ACCORDANCE WITH 26 AS 23.20.130(d)]. 27  * Sec. 55. AS 23.20.130(a) is amended to read: 28 (a) There shall be maintained as special funds separate and apart from all 29 public funds of this state, an unemployment compensation fund that [WHICH] shall 30 be administered by the department exclusively for the purposes of this chapter [, AND 31 A TRAINING AND BUILDING FUND]. 01  * Sec. 56. AS 23.20.135(b) is amended to read: 02 (b) The department, or a designee of the department, shall immediately 03 deposit, upon receipt, all money payable to the fund in the clearing account. Refunds 04 of contributions erroneously collected and payable under AS 23.20.225 and 05 23.20.526(a)(11) may be paid from the clearing account in the same manner [, OR 06 FROM THE TRAINING AND BUILDING FUND]. Interest and penalty payments 07 may not be refunded from the unemployment compensation fund. After clearance, all 08 money in the clearing account, except for that portion of employee contributions under 09 AS 23.20.290(d) used to pay interest on advances received under AS 23.20.140, shall 10 be immediately deposited with the United States Secretary of the Treasury to the credit 11 of the account of this state in the unemployment trust fund established and maintained 12 under 42 U.S.C. 1104 (Sec. 904, Social Security Act), as amended. 13  * Sec. 57. AS 23.20.185(d) is amended to read: 14 (d) Interest collected under this section shall be deposited in the general 15 [PERIODICALLY BE TRANSFERRED FROM THE CLEARING ACCOUNT TO 16 THE TRAINING AND BUILDING] fund. 17  * Sec. 58. AS 23.20.190(c) is amended to read: 18 (c) Penalties collected under this section shall be deposited in the general 19 [PERIODICALLY BE TRANSFERRED FROM THE CLEARING ACCOUNT TO 20 THE TRAINING AND BUILDING] fund. 21  * Sec. 59. AS 23.20.195(c) is amended to read: 22 (c) Penalties collected under this section shall be deposited in the general 23 [PERIODICALLY BE TRANSFERRED FROM THE CLEARING ACCOUNT TO 24 THE TRAINING AND BUILDING] fund. 25  * Sec. 60. AS 23.30.015(c) is amended to read: 26 (c) Payment of second-injury compensation into the general [SECOND- 27 INJURY] fund as a result of death operates as an assignment to the employer of all 28 rights of the representative of the deceased to recover damages from the third person. 29  * Sec. 61. AS 23.30.015(e) is amended to read: 30 (e) An amount recovered by the employer under an assignment, whether by 31 action or compromise, shall be distributed as follows: 01 (1) the employer shall retain an amount equal to 02 (A) the expenses incurred by the employer with respect to the 03 action or compromise, including a reasonable attorney fee determined by the 04 board; 05 (B) the cost of all benefits actually furnished by the employer 06 under this chapter; 07 (C) all amounts paid as compensation and second-injury 08 [FUND] payments to the general fund, and, if the employer is self-insured or 09 uninsured, all service fees paid under AS 23.05.067; 10 (D) the present value of all amounts payable later as 11 compensation, computed from a schedule prepared by the board, and the 12 present value of the cost of all benefits to be furnished later under 13 AS 23.30.095 as estimated by the board; the amounts so computed and 14 estimated shall be retained by the employer as a trust fund to pay compensation 15 and the cost of benefits as they become due and to pay any finally remaining 16 excess sum to the person entitled to compensation or to the representative; and 17 (2) the employer shall pay any excess to the person entitled to 18 compensation or to the representative of that person. 19  * Sec. 62. AS 23.30.040(b) is amended to read: 20 (b) If an employee suffers a compensable injury that results in temporary total 21 disability, temporary partial disability, permanent partial disability, or permanent total 22 disability, the employer or insurance carrier shall contribute a [TO THE] second injury 23 payment to the general fund. The contribution shall be made annually at the time of 24 the report filing required by AS 23.30.155(m). The amount of the contribution is the 25 product of the compensation to which the employee is entitled for temporary total 26 disability, temporary partial disability, permanent partial disability, or permanent total 27 disability and the applicable contribution rate set out in column A of this subsection. A  28 second injury payment [PAYMENT] need not be made [TO THE SECOND 29 INJURY FUND] if the total contribution under this subsection is less than $20. By 30 December 15 of each year, the commissioner shall determine and make available to 31 the public the applicable contribution rate for the following calendar year according to 01 the reserve rate of the estimated total of second injury payments to the general fund 02 in column B of this subsection: 03 Column A Column B 04 Second Injury Payment Reserve Rate 05 [FUND] Contribution Rate 06 At Least But Less Than 07 (Percent) (Percent) (Percent) 08 6 0 50 09 5 50 75 10 4 75 100 11 3 100 125 12 2 125 150 13 1 150 175 14 0 175 15  * Sec. 63. AS 23.30.040(c) is amended to read: 16 (c) If an employee suffers a compensable injury that results in death and the 17 employee is not survived by a widow, widower, child, or dependent relative eligible to 18 receive death benefits under AS 23.30.215, the employer or insurance carrier shall pay 19 a $10,000 second injury payment to the general fund [TO THE SECOND INJURY 20 FUND]. 21  * Sec. 64. AS 23.30.040(d) is amended to read: 22 (d) The board may request an appropriation by the legislature in an  23 amount needed to refund a second injury payment made by an employer or  24 insurance carrier [INTO THE SECOND INJURY FUND] if the employer or 25 insurance carrier shows that it made the payment by mistake or inadvertence, or if it 26 shows there existed at the time of the death of the employee a beneficiary entitled to 27 benefits under AS 23.30.215. 28  * Sec. 65. AS 23.30.040(f) is amended to read: 29 (f) All amounts collected as civil penalties under AS 23.30.155(c) shall be 30 paid as second injury payments into the general [SECOND INJURY] fund. 31  * Sec. 66. AS 23.30.040(g) is amended to read: 01 (g) The attorney general may investigate claims and hire expert witnesses 02 necessary to prevent fraudulent or excessive claims involving second-injury  03 payments [FOR MONEY IN THE SECOND INJURY FUND]. 04  * Sec. 67. AS 23.30.040(h) is amended to read: 05 (h) Administration expenses of the state under this section and AS 23.30.205 06 must be paid by legislative appropriations from the general fund [FROM THE 07 SECOND INJURY FUND]. 08  * Sec. 68. AS 23.30.040(i) is amended to read: 09 (i) The amount of a second injury payment to the general [SECOND 10 INJURY] fund and the conditions under which a payment is required of an employer 11 or insurance carrier must be in accordance with the version of (b) of this section in 12 effect on the date that the injury to the employee occurred. 13  * Sec. 69. AS 23.30.205(a) is amended to read: 14 (a) If an employee who has a permanent physical impairment from any cause 15 or origin incurs a subsequent disability by injury arising out of and in the course of the 16 employment resulting in compensation liability for disability that is substantially 17 greater by reason of the combined effects of the preexisting impairment and 18 subsequent injury or by reason of the aggravation of the preexisting impairment than 19 that which would have resulted from the subsequent injury alone, the employer or the 20 insurance carrier shall in the first instance pay all awards of compensation provided by 21 this chapter, but the employer or the insurance carrier may [SHALL] be reimbursed 22 by legislative appropriation from the general [SECOND INJURY] fund for all 23 compensation payments subsequent to those payable for the first 104 weeks of 24 disability. 25  * Sec. 70. AS 23.30.205(b) is amended to read: 26 (b) If the subsequent injury of the employee results in the death of the 27 employee and it is determined that the death would not have occurred except for the 28 preexisting permanent physical impairment, the employer or the insurance carrier shall 29 in the first instance pay the compensation prescribed by this chapter, but the employer 30 or the insurance carrier may [SHALL] be reimbursed by legislative appropriation 31 from the general [SECOND INJURY] fund for all compensation payable in excess of 01 104 weeks. 02  * Sec. 71. AS 23.30.205(c) is amended to read: 03 (c) In order to qualify under this section for reimbursement [FROM THE 04 SECOND INJURY FUND], the employer must establish by written records that the 05 employer had knowledge of the permanent physical impairment before the subsequent 06 injury and that the employee was retained in employment after the employer acquired 07 that knowledge. 08  * Sec. 72. AS 23.30.205(e) is amended to read: 09 (e) Appropriations made for [THE] second injury payments [FUND] may 10 not be bound as to any question of law or fact by reason of an award or an 11 adjudication [TO WHICH IT WAS NOT A PARTY OR] in relation to which the 12 director was not notified at least three weeks before the award or adjudication that the 13 fund might be subject to liability for the injury or death. 14  * Sec. 73. AS 23.30.205(f) is amended to read: 15 (f) An employer or the employer's carrier shall notify the commissioner of 16 labor and workforce development of any possible second injury claim [AGAINST 17 THE SECOND INJURY FUND] as soon as practicable, but in no event later than 100 18 weeks after the employer or the employer's carrier have knowledge of the injury or 19 death. 20  * Sec. 74. AS 23.30.247(c) is amended to read: 21 (c) This section may not be construed to prohibit an employer from requiring a 22 prospective employee to fill out a preemployment questionnaire or application 23 regarding the person's prior health or disability history as long as it is meant to either 24 document written notice for [SECOND INJURY FUND] reimbursement under 25 AS 23.30.205(c) or determine whether the employee has the physical or mental 26 capacity to meet the documented physical or mental demands of the work. 27  * Sec. 75. AS 23.30.395(34) is amended to read: 28 (34) "reserve rate" means the estimated total of [UNENCUMBERED] 29 second injury payments to the general fund [BALANCE] on October 31 of each year 30 as a percentage of appropriation amounts for second injury payments 31 [DISBURSEMENTS FROM THE SECOND INJURY FUND] during the 12-month 01 period ending on June 30 of the same calendar year; 02  * Sec. 76. AS 23.35.010 is amended to read: 03 Sec. 23.35.010. Creation of Fishermen's Claims [FUND] Advisory and  04 Appeals Council. There is within the Department of Labor and Workforce 05 Development a Fishermen's Claims [FUND] Advisory and Appeals Council. 06  * Sec. 77. AS 23.35.050 is amended to read: 07 Sec. 23.35.050. Regulations. The department may adopt regulations to carry 08 out the purposes of this chapter [, INCLUDING THOSE THAT ARE NECESSARY 09 OR ADVISABLE TO PROTECT THE FUND BY LIMITING OR SUSPENDING 10 PAYMENTS FROM THE FUND]. The regulations must be uniform in application. 11  * Sec. 78. AS 23.35.090 is amended to read: 12 Sec. 23.35.090. Assistance after discharge. A fisherman is also entitled to 13 such assistance after discharge from the hospital during period of convalescence as the 14 department allows [IN CONSIDERATION OF THE CONDITION OF THE FUND]. 15  * Sec. 79. AS 23.35.100 is amended to read: 16 Sec. 23.35.100. Transportation, hospital, nursing, medical, and surgical  17 expenses. The department may request an appropriation to pay [OUT OF THE 18 FUND] all reasonable transportation charges incurred under AS 23.35.080 and 19 23.35.090, including cost of returning the fisherman to the boat or home of the 20 fisherman or to another place that reasonably meets with the fisherman's convenience, 21 and the reasonable hospital, nursing, medical, and surgical expense incurred in the 22 examination, treatment, and care of the fisherman. 23  * Sec. 80. AS 23.35.150(2) is amended to read: 24 (2) "council" means the Fishermen's Claims [FUND] Advisory and 25 Appeals Council; 26  * Sec. 81. AS 25.27.125 is amended to read: 27 Sec. 25.27.125. Disposition [ACCOUNTING AND DISPOSITION] of  28 federal receipts and agency collections. (a) Federal incentive payments received by 29 the state under 42 U.S.C. 658 shall be deposited in the general fund [AND THE 30 COMMISSIONER OF ADMINISTRATION SHALL SEPARATELY ACCOUNT 31 FOR THE PAYMENTS]. The legislature may appropriate a portion or all of the 01 annual estimated balance of the amounts received as described in this subsection 02 [IN THE ACCOUNT MAY BE USED BY THE LEGISLATURE] to make 03 appropriations to the Department of Revenue to carry out the purposes of 04 AS 25.27.020. 05 (b) The legislature may also appropriate a portion or all of the annual 06 estimated balance of the amounts received as described in (a) of this section [IN 07 THE ACCOUNT MAINTAINED BY THE COMMISSIONER OF 08 ADMINISTRATION UNDER AS 37.05.142 MAY BE USED BY THE 09 LEGISLATURE TO MAKE APPROPRIATIONS] to the Department of Health and 10 Social Services to carry out the purposes of AS 47.14.100 - 47.14.130 and AS 47.27. 11  * Sec. 82. AS 26.23.020(i) is amended to read: 12 (i) If the governor declares a condition of disaster emergency, the governor 13 may expend during a fiscal year not more than $1,000,000 of state funds for each 14 [PER] disaster declaration [, INCLUDING THE ASSETS OF THE DISASTER 15 RELIEF FUND,] to 16 (1) save lives, protect property and public health and safety, or lessen 17 or avert the threat of the disaster that poses a direct and imminent threat of sufficient 18 severity and magnitude to justify state action; 19 (2) implement provisions of law relating to disaster relief to cope with 20 the disaster; 21 (3) alleviate the effects of the disaster by making grants or loans to 22 persons or political subdivisions on terms the governor considers appropriate or by 23 other means the governor considers appropriate. 24  * Sec. 83. AS 26.23.050(b) is amended to read: 25 (b) Whenever [,] and to the extent that [,] money is needed to cope with a 26 disaster, the first recourse shall be to money regularly appropriated to state and local 27 agencies. For oil or hazardous substances discharges, the [THE] second recourse 28 shall be to money available in [THE DISASTER RELIEF FUND OR, FOR OIL OR 29 HAZARDOUS SUBSTANCES DISCHARGES,] the oil and hazardous substance 30 release prevention and response fund [, AS THE GOVERNOR DETERMINES 31 APPROPRIATE]. If money available from these sources is insufficient, and if the 01 governor finds that other sources of money to cope with the disaster are not available 02 or are insufficient, the governor may, notwithstanding the limitations imposed by 03 AS 37.07.080(e), 04 (1) transfer and spend money appropriated for other purposes; or 05 (2) borrow money for a term not to exceed two years. 06  * Sec. 84. AS 28.05.151(c) is amended to read: 07 (c) The supreme court shall require as a condition of the disposition of an 08 offense without appearance that a person charged with any offense for which a bail 09 forfeiture amount has been adopted shall pay the surcharge prescribed in 10 AS 12.55.039 in addition to the bail forfeiture amount established by the supreme 11 court. The surcharge required to be paid under this subsection shall be deposited into 12 the general fund [AND ACCOUNTED FOR UNDER AS 37.05.142]. 13  * Sec. 85. AS 28.90.030(c) is amended to read: 14 (c) The [NOTWITHSTANDING THE REQUIREMENTS OF (b) OF THIS 15 SECTION AND AS 37.05.142, THE] Alaska Court System shall deposit fines 16 collected under this section for offenses committed in a traffic safety corridor in the 17 general fund [IF THE FINE IS COLLECTED AT A COURT LOCATION WHERE 18 SEPARATE ACCOUNTING FOR TRAFFIC SAFETY CORRIDOR FINES IS NOT 19 ACHIEVABLE]. 20  * Sec. 86. AS 29.25.074(a) is amended to read: 21 (a) A municipality may not enforce a penalty for violation of an ordinance for 22 which a surcharge is required to be imposed under AS 12.55.039 unless the 23 municipality authorizes the imposition of and provides for the collection of the 24 surcharge. The surcharge shall be deposited into the general fund of the state [AND 25 ACCOUNTED FOR UNDER AS 37.05.142]. Subject to appropriation, the legislature 26 may reimburse a municipality that collects a surcharge required to be imposed under 27 AS 12.55.039 for the cost to the municipality in collecting the surcharge and 28 transmitting the surcharge to the state. The reimbursement may not exceed 10 percent 29 of the surcharge collected and transmitted to the state. 30  * Sec. 87. AS 36.10.180(a) is amended to read: 31 (a) The preferences established in AS 36.10.150 - 36.10.175 apply to work 01 performed 02 (1) under a contract for construction, repair, preliminary surveys, 03 engineering studies, consulting, maintenance work, or any other retention of services 04 necessary to complete a given project that is let by the state or an agency of the state, a 05 department, office, state board, commission, public corporation, or other 06 organizational unit of or created under the executive, legislative, or judicial branch of 07 state government, including the University of Alaska and the Alaska Railroad 08 Corporation, or by a political subdivision of the state including a regional school board 09 with respect to an educational facility under AS 14.11.020; 10 (2) on a public works project under a grant to a municipality under 11 AS 37.05.315 [OR AS 37.06.010]; 12 (3) on a public works project under a grant to a named recipient under 13 AS 37.05.316; 14 (4) on a public works project under a grant to an unincorporated 15 community under AS 37.05.317 or AS 37.06.020; and 16 (5) on any other public works project or construction project that is 17 funded in whole or in part by state money. 18  * Sec. 88. AS 37.05.146(b) is amended to read: 19 (b) The [PROGRAM] receipts listed in this subsection are accounted for 20 separately [, AND APPROPRIATIONS FROM THESE PROGRAM RECEIPTS ARE 21 NOT MADE FROM THE UNRESTRICTED GENERAL FUND]: 22 (1) federal receipts; 23 (2) University of Alaska receipts (AS 14.40.491); 24 (3) trust or custodial receipts [DESIGNATED PROGRAM 25 RECEIPTS; IN THIS PARAGRAPH, "DESIGNATED PROGRAM RECEIPTS" 26 MEANS MONEY RECEIVED BY THE STATE FROM A SOURCE OTHER THAN 27 THE STATE OR FEDERAL GOVERNMENT THAT IS] restricted to a specific use 28 by the terms of a gift, grant, bequest, or contract; 29 (4) receipts of or from the trust established by AS 37.14.400 - 30 37.14.450, except reimbursements described in AS 37.14.410; 31 (5) receipts of the Alaska Fire Standards Council for which a taxpayer 01 is allowed a credit under AS 21.89.075. 02  * Sec. 89. AS 37.05.146(c) is amended to read: 03 (c) The [PROGRAM] receipts of the following are accounted for separately [, 04 AND APPROPRIATIONS FROM THESE PROGRAM RECEIPTS ARE NOT 05 MADE FROM THE UNRESTRICTED GENERAL FUND]: 06 (1) [HIGHWAY WORKING CAPITAL FUND (AS 44.68.210); 07 (2) REPEALED 08 (3)] loan funds; 09 (2) [(4)] international airport revenue fund (AS 37.15.430); 10 (3) [(5)] corporate receipts earned or managed by a public corporation 11 of the state; 12 (4) [(6)] fish and game fund (AS 16.05.100); 13 (5) [(7) SCHOOL FUND (AS 43.50.140); 14 (8) TRAINING AND BUILDING FUND (AS 23.20.130); 15 (9)] retirement funds (AS 14.25, AS 22.25, AS 26.05.222, AS 39.35, 16 and former AS 39.37); 17 (6) [(10)] permanent fund (art. IX, sec. 15, Alaska Constitution); 18 (7) [(11)] public school trust fund (AS 37.14.110); 19 (8) [(12) SECOND INJURY FUND (AS 23.30.040); 20 (13) FISHERMEN'S FUND (AS 23.35.060); 21 (14) FICA ADMINISTRATION FUND (AS 39.30.050); 22 (15)] receipts of the employee benefits program established under 23 AS 39.30.150 - 39.30.180; 24 (9) [(16)] receipts of the deferred compensation program established 25 under AS 39.45; 26 (10) [(17) CLEAN AIR PROTECTION FUND (AS 46.14.260); 27 (18)] receipts of the group insurance programs established under 28 AS 39.30.090; 29 (11) [(19)] mental health trust fund (AS 37.14.031); 30 (12) [(20) ALASKA CHILDREN'S TRUST (AS 37.14.200); 31 (21) COMMERCIAL FISHERIES TEST FISHING OPERATIONS 01 (AS 16.05.050(a)(14)); 02 (22) REGULATORY COMMISSION OF ALASKA UNDER 03 AS 42.05 AND AS 42.06; 04 (23) ALASKA OIL AND GAS CONSERVATION COMMISSION 05 UNDER AS 31.05; 06 (24) RECEIPTS OF THE DEPARTMENT OF COMMERCE, 07 COMMUNITY, AND ECONOMIC DEVELOPMENT UNDER AS 08.01.065 AND 08 FROM FINES AND PENALTIES COLLECTED IN LICENSING AND 09 DISCIPLINARY ACTIONS FOR OCCUPATIONS UNDER AS 08.01.010; 10 (25) RECEIPTS FROM THE SEAFOOD MARKETING 11 ASSESSMENT UNDER AS 16.51.120 - 16.51.170, AND RECEIPTS OF THE 12 ALASKA SEAFOOD MARKETING INSTITUTE; 13 (26) THE ADMINISTRATIVE COST CHARGE UNDER 14 AS 44.33.113 FOR THE STATE'S ROLE IN THE FEDERAL COMMUNITY 15 DEVELOPMENT QUOTA PROGRAM; 16 (27) DIVE FISHERY MANAGEMENT ASSESSMENT RECEIPTS 17 (AS 43.76.150), SALMON FISHERY ASSESSMENT RECEIPTS (AS 43.76.220), 18 AND PERMIT BUY-BACK ASSESSMENT RECEIPTS (AS 43.76.300); 19 (28) PROCESS SERVICE FEES COLLECTED BY THE 20 DEPARTMENT OF PUBLIC SAFETY; 21 (29) ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION 22 UNDER AS 16.05.490, 16.05.530, AND AS 16.43; 23 (30) RECEIPTS OF THE ALASKA VOCATIONAL TECHNICAL 24 CENTER; 25 (31) ALASKA PIONEERS' HOME AND ALASKA VETERANS' 26 HOME CARE AND SUPPORT RECEIPTS UNDER AS 47.55.030; 27 (32) RECEIPTS OF THE DEPARTMENT OF TRANSPORTATION 28 AND PUBLIC FACILITIES FROM TOLLS CHARGED FOR USE OF THE 29 WHITTIER TUNNEL; 30 (33) RECEIPTS OF THE DEPARTMENT OF COMMERCE, 31 COMMUNITY, AND ECONOMIC DEVELOPMENT, DIVISION OF 01 INSURANCE, FROM LICENSE FEES AND FEES FOR SERVICES; 02 (34) RECEIPTS OF THE DEPARTMENT OF COMMERCE, 03 COMMUNITY, AND ECONOMIC DEVELOPMENT FROM ITS FUNCTIONS 04 RELATING TO BANKING, SECURITIES, AND CORPORATIONS; 05 (35) RECEIPTS OF THE DEPARTMENT OF CORRECTIONS 06 FROM THE ELECTRONIC PRISONER MONITORING PROGRAM UNDER 07 AS 33.30.065(d); 08 (36) RECEIPTS OF THE DEPARTMENT OF CORRECTIONS 09 FROM THE OPERATION OF COMMUNITY RESIDENTIAL CENTERS; 10 (37) RECEIPTS OF THE ALASKA POLICE STANDARDS 11 COUNCIL; 12 (38) RECEIPTS OF THE DEPARTMENT OF PUBLIC SAFETY 13 FROM FEES FOR FIRE AND LIFE SAFETY PLAN CHECKS UNDER 14 AS 18.70.080(b); 15 (39) RECEIPTS OF THE DEPARTMENT OF TRANSPORTATION 16 AND PUBLIC FACILITIES FROM THE MEASUREMENT STANDARDS AND 17 COMMERCIAL VEHICLE ENFORCEMENT PROGRAM; 18 (40) RECEIPTS OF THE DEPARTMENT OF EDUCATION AND 19 EARLY DEVELOPMENT FOR TEACHER CERTIFICATION UNDER 20 AS 14.20.020; 21 (41) RECEIPTS OF THE PROFESSIONAL TEACHING 22 PRACTICES COMMISSION FROM PROFESSIONAL CERTIFICATION FEES; 23 (42) RECEIPTS OF THE DEPARTMENT OF HEALTH AND 24 SOCIAL SERVICES, BUREAU OF VITAL STATISTICS; 25 (43) RECEIPTS OF THE DEPARTMENT OF CORRECTIONS 26 FROM THE INMATE TELEPHONE SYSTEM; 27 (44) RECEIPTS OF THE DEPARTMENT OF PUBLIC SAFETY 28 FROM THE ALASKA AUTOMATED FINGERPRINT SYSTEM UNDER 29 AS 44.41.025(b); 30 (45) RECEIPTS OF THE DEPARTMENT OF ADMINISTRATION 31 FROM THE BOAT REGISTRATION PROGRAM UNDER AS 05.25.096; 01 (46) STATE LAND DISPOSAL PROGRAM (AS 38.04.022); 02 (47) SHORE FISHERIES DEVELOPMENT LEASE PROGRAM 03 ACCOUNT (AS 38.05.082(f)); 04 (48) TIMBER RECEIPTS ACCOUNT (AS 38.05.110); 05 (49) WORKERS' SAFETY AND COMPENSATION 06 ADMINISTRATION ACCOUNT (AS 23.05.067); 07 (50) RECEIPTS OF FEES FOR RECORDING AND RELATED 08 SERVICES OF THE DEPARTMENT OF NATURAL RESOURCES 09 (AS 40.17.030(a)(10), 40.17.070; AS 44.37.025(b), 44.37.027(c); AS 45.29.303(b), 10 45.29.525, AND 45.29.619(b)); 11 (51) RECEIPTS DESCRIBED IN AS 46.03.482(b)(1) AND (2) 12 RECEIVED UNDER THE COMMERCIAL PASSENGER VESSEL 13 ENVIRONMENTAL COMPLIANCE PROGRAM; 14 (52) RECEIPTS OF THE DEPARTMENT OF COMMERCE, 15 COMMUNITY, AND ECONOMIC DEVELOPMENT FOR FEES FOR BUSINESS 16 LICENSES AND LICENSE ENDORSEMENTS UNDER AS 43.70; 17 (53) RECEIPTS OF FEES FOR CERTAIN INSPECTIONS 18 DEPOSITED UNDER AS 05.20.060, AS 18.60.360, 18.60.395, 18.60.800, AND 19 AS 18.62.030 IN THE BUILDING SAFETY ACCOUNT CREATED UNDER 20 AS 44.31.025; 21 (54)] passenger facility charges collected at state-owned and operated 22 airports under Federal Aviation Administration guidelines [; 23 (55) MONEY RECEIVED BY THE DEPARTMENT OF 24 ENVIRONMENTAL CONSERVATION FROM THE INSPECTION OF FOOD 25 UNDER AS 17.20; 26 (56) FEES RECEIVED BY THE DEPARTMENT OF NATURAL 27 RESOURCES UNDER AS 41.21.026 FOR THE USE OF STATE PARK SYSTEM 28 FACILITIES; 29 (57) APPLICATION AND RENEWAL FEES RECEIVED BY THE 30 DEPARTMENT OF PUBLIC SAFETY UNDER AS 18.65.400 - 18.65.490 FOR 31 LICENSES FOR SECURITY GUARDS AND SECURITY GUARD AGENCIES; 01 (58) FEES RECEIVED BY THE DEPARTMENT OF PUBLIC 02 SAFETY UNDER AS 18.65.700 - 18.65.790 FOR THE ISSUANCE, RENEWAL, 03 AND REPLACEMENT OF PERMITS TO CARRY CONCEALED HANDGUNS; 04 (59) MONETARY RECOVERIES BY THE DEPARTMENT OF 05 HEALTH AND SOCIAL SERVICES OF MEDICAID EXPENDITURES FROM 06 RECIPIENTS, THIRD PARTIES, AND PROVIDERS UNDER AS 47; 07 (60) THE STATE'S SHARE OF OVERPAYMENTS COLLECTED 08 BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES UNDER 09 AS 47.05.080; 10 (61) INCOME RECEIVED BY THE DEPARTMENT OF HEALTH 11 AND SOCIAL SERVICES FROM A STATE OR FEDERAL AGENCY FOR 12 CHILDREN IN FOSTER CARE UNDER AS 47.14.100; 13 (62) FEES RECEIVED BY THE DEPARTMENT OF HEALTH AND 14 SOCIAL SERVICES UNDER AS 44.29.022 FOR NURSING AND PLANNING 15 SERVICES PROVIDED AT HEALTH CENTERS; 16 (63) FEES RECEIVED BY THE DEPARTMENT OF HEALTH AND 17 SOCIAL SERVICES UNDER AS 44.29.022 FOR GENETIC SCREENING CLINICS 18 AND SPECIALTY CLINICS; 19 (64) FEES RECEIVED BY THE DEPARTMENT OF HEALTH AND 20 SOCIAL SERVICES UNDER AS 18.08.080 FOR THE CERTIFICATION OF 21 EMERGENCY MEDICAL TECHNICIANS, EMERGENCY MEDICAL 22 DISPATCHERS, AND EMERGENCY MEDICAL TECHNICIAN INSTRUCTORS; 23 (65) FEES COLLECTED BY THE DEPARTMENT OF HEALTH 24 AND SOCIAL SERVICES UNDER AS 44.29.022 FROM THE CERTIFICATION 25 OF X-RAY MACHINES; 26 (66) FEES COLLECTED UNDER AS 44.29.022 BY THE 27 DEPARTMENT OF HEALTH AND SOCIAL SERVICES UNDER THE ALCOHOL 28 SAFETY ACTION PROGRAM; 29 (67) FEES RECEIVED BY THE DEPARTMENT OF HEALTH AND 30 SOCIAL SERVICES UNDER AS 47.32; 31 (68) CHARGES, RENTALS, AND FEES FOR AIRPORT OR AIR 01 NAVIGATION FACILITY CONTRACTS, LEASES, AND OTHER 02 ARRANGEMENTS UNDER AS 02.15.020 AND 02.15.090; 03 (69) FEES FOR UTILITY FACILITY PERMITS UNDER 04 AS 02.15.102, ENCROACHMENT PERMITS UNDER AS 02.15.106, UTILITY 05 RIGHT-OF-WAY PERMITS UNDER AS 19.25.010, AND UTILITY FACILITY 06 PERMITS UNDER AS 35.10.210; 07 (70) RECOVERIES OF REPAIR COSTS FOR DAMAGE TO 08 HIGHWAY FIXTURES; 09 (71) THE STATE'S SHARE OF CHILD SUPPORT COLLECTIONS 10 FOR REIMBURSEMENT OF THE COST OF THE ALASKA TEMPORARY 11 ASSISTANCE PROGRAM AS PROVIDED UNDER AS 25.27.120, 25.27.130, AND 12 AS 47.27.040; 13 (72) VEHICLE REGISTRATION FEES COLLECTED UNDER 14 AS 28.10.421 AND OTHER FEES AND CHARGES COLLECTED UNDER 15 AS 28.10.441; 16 (73) FEES FOR DRIVERS' LICENSES, DRIVERS' PERMITS, 17 RENEWALS, AND DRIVER SKILLS TESTS COLLECTED UNDER AS 28.15.271; 18 (74) USER FEES AND OTHER FEES COLLECTED BY THE 19 DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT UNDER 20 AS 14.57.010; 21 (75) STUDENT TUITION AND OTHER FEES RELATED TO 22 SCHOOLS THAT ARE OPERATED BY THE STATE AND COLLECTED UNDER 23 AS 14.07.030; 24 (76) RECEIPTS OF FEES FOR REGISTRATION AND RENEWAL 25 OF REGISTRATION FOR THE SALE OF BUSINESS OPPORTUNITIES UNDER 26 AS 45.66.040; 27 (77) EMISSION CONTROL PERMIT RECEIPTS ACCOUNT 28 (AS 46.14.265); 29 (78) WORKERS' COMPENSATION BENEFITS GUARANTY 30 FUND (AS 23.30.082); 31 (79) RECEIPTS OF THE DEPARTMENT OF ENVIRONMENTAL 01 CONSERVATION FROM THE REGISTRATION OF PESTICIDES AND 02 BROADCAST CHEMICALS AND THE LICENSING OF PESTICIDE 03 APPLICATORS UNDER AS 44.46.025; 04 (80) PROCEEDS FROM PRISON EMPLOYMENT, INCLUDING 05 DEDUCTIONS FROM PRISONER WAGES FOR THE COST OF CONFINEMENT 06 UNDER AS 33.30.201(b) AND FORFEITED WAGES UNDER AS 33.30.201(e); 07 (81) FEES COLLECTED UNDER AS 18.74.080; 08 (82) CIVIL LEGAL SERVICES FUND UNDER AS 37.05.590]. 09  * Sec. 90. AS 37.05.287(b) is amended to read: 10 (b) The Department of Administration shall annually review the state 11 insurance program to ensure that, to the extent reasonable, adequate insurance 12 coverage or reserves are maintained to satisfy all reasonably foreseeable claims or 13 judgments for which payment may be due under the state insurance program during 14 the next fiscal year. The department shall annually obtain an independent actuarial 15 assessment of the state insurance program. Not [NO] later than February 1 of each 16 calendar year, the department shall submit to the presiding officers of each house of 17 the legislature a review of the state insurance program, and an independent actuarial 18 assessment [, AND A CERTIFIED AUDIT OF THE STATE INSURANCE 19 CATASTROPHE RESERVE ACCOUNT]. 20  * Sec. 91. AS 37.07.080(h) is amended to read: 21 (h) The increase of an appropriation item based on additional federal [OR 22 OTHER PROGRAM] receipts not specifically appropriated by the full legislature may 23 be expended in accordance with the following procedures: 24 (1) the governor shall submit a revised program to the Legislative 25 Budget and Audit Committee for review; 26 (2) 45 days shall elapse before commencement of expenditures under 27 the revised program unless the Legislative Budget and Audit Committee earlier 28 recommends that the state take part in the federally [OR OTHERWISE] funded 29 activity; 30 (3) should the Legislative Budget and Audit Committee recommend 31 within the 45-day period that the state not initiate the additional activity, the governor 01 shall again review the revised program and if the governor determines to authorize the 02 expenditure, the governor shall provide the Legislative Budget and Audit Committee 03 with a statement of the governor's reasons before commencement of expenditures 04 under the revised program. 05  * Sec. 92. AS 37.10.050(a) is amended to read: 06 (a) A state agency may not charge a fee for the provision of state services 07 unless the fee (1) is set or otherwise authorized by statute; and (2) where a regulation 08 is necessary, is set by or provided for in a regulation that meets the standards of 09 AS 44.62.020 and 44.62.030. Unless specifically exempted by statute, a state agency 10 authorized to collect or receive fees, licenses, taxes, or other money belonging to the 11 state shall account for and remit the receipts, less fees to which the collector is entitled 12 by statute or regulation, to the Department of Revenue at least once each month. [THE 13 COMMISSIONER OF ADMINISTRATION SHALL SEPARATELY ACCOUNT 14 UNDER AS 37.05.142 FOR RECEIPTS DEPOSITED UNDER THIS 15 SUBSECTION.] A fee or other charge that is set by regulation may not exceed the 16 estimated actual costs of the state agency in administering the activity or providing the 17 service unless otherwise provided by the statute under which the regulation is adopted; 18 however, this limitation does not apply to sale or lease of property by a state agency, 19 fees charged by a resource agency for a designated regulatory service as defined in 20 AS 37.10.058, or fees adopted by the Department of Natural Resources under 21 AS 44.37.025 or 44.37.027. 22  * Sec. 93. AS 37.10.420(a) is amended to read: 23 (a) For purposes of applying art. IX, sec. 17(b), Constitution of the State of 24 Alaska, 25 (1) "the amount available for appropriation" or "funds available for 26 appropriation" means 27 (A) the unrestricted revenue accruing to the general fund 28 during the fiscal year; and  29 (B) [GENERAL FUND PROGRAM RECEIPTS AS 30 DEFINED IN AS 37.05.146; 31 (C)] the unreserved [, UNDESIGNATED] general fund balance 01 carried forward from the preceding fiscal year that is not subject to the 02 repayment obligation imposed by art. IX, sec. 17(d), Constitution of the State 03 of Alaska; [AND 04 (D) THE BALANCE IN THE STATUTORY BUDGET 05 RESERVE FUND ESTABLISHED IN AS 37.05.540;] 06 (2) "the amount appropriated for the previous fiscal year" means the 07 amount appropriated from the 08 (A) constitutional budget reserve fund under the authority 09 granted in art. IX, sec. 17, Constitution of the State of Alaska; and 10 (B) same revenue sources used to calculate the money available 11 for appropriation for the current fiscal year; and 12 (3) "the amount of appropriations made in the previous calendar year 13 for the previous fiscal year" means appropriations made from sources identified in (2) 14 of this subsection for a fiscal year that were enacted during the calendar year that ends 15 on December 31 of that same fiscal year. 16  * Sec. 94. AS 37.10.420(b) is amended to read: 17 (b) If the amount appropriated from the budget reserve fund has not been 18 repaid under art. IX, sec. 17(d), Constitution of the State of Alaska, the Department of 19 Administration shall transfer to the budget reserve fund the amount of money 20 comprising the unreserved [, UNDESIGNATED] general fund balance to be carried 21 forward as of June 30 of the fiscal year, or as much of it as is necessary to complete 22 the repayment. The transfer shall be made on or before December 16 of the following 23 fiscal year. 24  * Sec. 95. AS 37.10.420(c) is amended to read: 25 (c) In this section, "unrestricted revenue accruing to the general fund" or 26 "unreserved [, UNDESIGNATED] general fund balance carried forward" is money 27 not restricted by law to a specific use that accrues to the general fund according to 28 accepted principles of governmental or fund accounting adopted for the state 29 accounting system established under AS 37.05.150 in effect on July 1, 1990. 30  * Sec. 96. AS 37.13.145(d) is amended to read: 31 (d) Notwithstanding (b) of this section, income earned on money awarded in 01 or received as a result of State v. Amerada Hess, et al., 1JU-77-847 Civ. (Superior 02 Court, First Judicial District), including settlement, summary judgment, or adjustment 03 to a royalty-in-kind contract that is tied to the outcome of this case, or interest earned 04 on the money, or on the earnings of the money shall be treated in the same manner as 05 other income of the Alaska permanent fund, except that it is not available for 06 distribution to the dividend fund or for transfers to the principal under (c) of this 07 section, and shall be annually deposited into the general fund [ALASKA CAPITAL 08 INCOME FUND (AS 37.05.565)]. 09  * Sec. 97. AS 37.14.410(a) is amended to read: 10 (a) Amounts received by the state as reimbursement for expenses related to the 11 Exxon Valdez oil spill incurred by the state on or before December 31, 1992, shall be 12 deposited in the general fund [AND, EXCEPT AS REQUIRED UNDER (b) OF THIS 13 SECTION, MAY NOT BE CREDITED TO AN OIL AND HAZARDOUS 14 SUBSTANCE RELEASE MITIGATION ACCOUNT UNDER AS 46.04.010 OR TO 15 AN ACCOUNT ESTABLISHED IN AS 46.08.020 OR 46.08.025]. 16  * Sec. 98. AS 37.15.012 is amended to read: 17 Sec. 37.15.012. Continuing debt service appropriation. The amounts 18 required annually to pay the principal, interest, and redemption premium on all issued 19 and outstanding general obligation bonds of the state are appropriated each fiscal year 20 from the general [ALASKA DEBT RETIREMENT] fund to the state bond committee 21 to make all required payments of principal, interest, and redemption premium. [IF 22 THE BALANCE OF THE ALASKA DEBT RETIREMENT FUND IS 23 INSUFFICIENT TO FULLY PAY THESE AMOUNTS, THE NECESSARY 24 ADDITIONAL AMOUNTS ARE APPROPRIATED FROM THE GENERAL FUND 25 TO THE STATE BOND COMMITTEE TO MAKE ALL REQUIRED PAYMENTS 26 OF PRINCIPAL, INTEREST, AND REDEMPTION PREMIUM.] 27  * Sec. 99. AS 37.15.015(a) is amended to read: 28 (a) Before a general or special election in which a bond issue is offered for 29 ratification, the state bond committee shall publish a notice of existing state bonded 30 indebtedness at least once a week for three consecutive weeks in a newspaper of 31 general circulation in each of the four judicial districts of the state. The first notice 01 shall be published at least 20 days before the date of the election. A notice must 02 contain 03 (1) the current total bonded indebtedness of the state; 04 (2) the cost of the debt service on the current indebtedness; 05 (3) the projected amount of state general obligation debt principal that 06 could be issued and paid for from the general [ALASKA DEBT RETIREMENT] 07 fund; 08 (4) the estimated debt service requirements for the bond issue offered 09 for ratification; and 10 (5) whether the bond issue offered for ratification will be repaid with 11 amounts from the general [ALASKA DEBT RETIREMENT] fund. 12  * Sec. 100. AS 37.15.170(c) is amended to read: 13 (c) Before December 1 of each year, the state bond committee shall report to 14 the governor the current fund balance available to meet the obligation to pay the  15 principal, interest, and redemption premium on all issued and outstanding  16 general obligation bonds of the state during the current and following state fiscal  17 years [IN THE ALASKA DEBT RETIREMENT FUND]. The report must contain an 18 estimate of the amount of state general obligation debt principal that could be issued 19 and paid for from the fund. The state bond committee shall notify the legislature that 20 the report is available. 21  * Sec. 101. AS 38.05.082(f) is amended to read: 22 (f) [THE SHORE FISHERIES DEVELOPMENT LEASE PROGRAM 23 ACCOUNT IS ESTABLISHED IN THE STATE TREASURY.] The legislature may  24 appropriate the annual estimated balance of the rents, fees, and other proceeds 25 received by the department in connection with the issuance of shore fisheries 26 development leases under this section [SHALL BE DEPOSITED INTO THE 27 ACCOUNT. THE LEGISLATURE MAY APPROPRIATE MONEY DEPOSITED 28 INTO THE ACCOUNT] for the operation of the shore fisheries development lease 29 program by the department or for any other public purpose. 30  * Sec. 102. AS 38.05.110(b) is amended to read: 31 (b) [THE TIMBER RECEIPTS ACCOUNT IS ESTABLISHED IN THE 01 STATE TREASURY.] The legislature may appropriate the annual estimated  02 balance of the revenue from the sale of timber from state lands [SHALL BE 03 DEPOSITED IN THE TIMBER RECEIPTS ACCOUNT. THE LEGISLATURE 04 MAY APPROPRIATE MONEY DEPOSITED INTO THE TIMBER RECEIPTS 05 ACCOUNT] for implementation of the state timber disposal program by the 06 department or for any other public purpose. 07  * Sec. 103. AS 38.95.260 is amended to read: 08 Sec. 38.95.260. Disposition of sale proceeds seven years after the judgment  09 of escheat. Seven years after the judgment of escheat, net proceeds from the sale of 10 escheated real property may be transferred from the escheated real property trust 11 account to the general fund [AND CREDITED TO THE LAND DISPOSAL 12 INCOME ACCOUNT UNDER AS 38.04.022], unless a person who was the owner or 13 one of the owners of the property when the property escheated to the state has 14 outstanding child support obligations, in which case the proportion of the net proceeds 15 that is attributable to the ownership interest of the person shall be applied to the 16 satisfaction of the child support obligations and the balance remaining after the 17 satisfaction shall be credited to the land disposal income account. 18  * Sec. 104. AS 39.50.200(b)(11) is amended to read: 19 (11) Fishermen's Claims [FUND] Advisory and Appeals Council 20 (AS 23.35.010); 21  * Sec. 105. AS 41.23.470(e) is amended to read: 22 (e) The legislature may appropriate the annual estimated balance of the  23 revenue collected based on the activities authorized or directed by this section [IN 24 THE ACCOUNT MAINTAINED BY THE COMMISSIONER OF 25 ADMINISTRATION UNDER AS 37.05.142 MAY BE APPROPRIATED BY THE 26 LEGISLATURE] to the department to carry out the purposes of AS 41.23.400 - 27 41.23.510. 28  * Sec. 106. AS 43.50.350 is amended to read: 29 Sec. 43.50.350. Disposition of proceeds. The tax collected by the department 30 shall be deposited in the general fund. The legislature may appropriate the annual 31 estimated balance of the tax proceeds [IN THE ACCOUNT MAINTAINED BY THE 01 COMMISSIONER OF ADMINISTRATION UNDER AS 37.05.142 MAY BE USED 02 BY THE LEGISLATURE TO MAKE APPROPRIATIONS] for health care, health 03 research, health promotion, and health education programs. 04  * Sec. 107. AS 43.55.211 is amended to read: 05 Sec. 43.55.211. Use of revenue derived from surcharge. The legislature may 06 appropriate from the general fund an amount equal to the annual estimated balance 07 [OF THE ACCOUNT MAINTAINED UNDER AS 37.05.142 FOR DEPOSITS INTO 08 THE GENERAL FUND] of the proceeds of the surcharge levied under AS 43.55.201 09 to the response account in the oil and hazardous substance release prevention and 10 response fund established by AS 46.08.010. 11  * Sec. 108. AS 43.55.231(b) is amended to read: 12 (b) The amount of money required to be appropriated from the general fund to 13 the response account in the oil and hazardous substance release prevention and 14 response fund by (a) of this section is the amount, determined for the last day of the 15 preceding fiscal year, that is the sum of the actual or estimated balance of 16 (1) [THE ACCOUNT MAINTAINED UNDER AS 37.05.142 TO 17 ACCOUNT FOR] all proceeds of the surcharge that are deposited into the general 18 fund; and 19 (2) the portion of the balance of the response mitigation account 20 established by AS 46.08.025(b) that originated from the recovery of money described 21 in AS 46.08.025(a)(3). 22  * Sec. 109. AS 43.76.190(d) is amended to read: 23 (d) The dive fishery management assessment collected under this section shall 24 be deposited in the state treasury. [UNDER AS 37.05.146(c), ASSESSMENT 25 RECEIPTS SHALL BE ACCOUNTED FOR SEPARATELY, AND 26 APPROPRIATIONS FROM THE ACCOUNT ARE NOT MADE FROM THE 27 UNRESTRICTED GENERAL FUND.] 28  * Sec. 110. AS 43.76.310(d) is amended to read: 29 (d) A permit buy-back assessment collected under this section shall be 30 deposited in the state treasury. [THE DEPARTMENT SHALL SEPARATELY 31 ACCOUNT FOR THE AMOUNTS COLLECTED AND INTEREST ACCRUED ON 01 THE AMOUNTS COLLECTED FOR EACH PERMIT BUY-BACK ASSESSMENT 02 IMPOSED UNDER AS 43.76.300.] The legislature may appropriate an amount  03 equal to the estimated annual revenue generated by a permit buy-back assessment 04 and interest accrued on the assessment [TO THE BUY-BACK FUND 05 ESTABLISHED FOR THE FISHERY IN WHICH THE ASSESSMENT WAS 06 COLLECTED] for the purpose of supporting the buy-back program for that fishery 07 under as 16.43.310 and 16.43.320. 08  * Sec. 111. AS 44.27.052(a) is amended to read: 09 (a) The council may 10 (1) hold public and private hearings; 11 (2) enter into contracts, within the limit of funds available, with 12 individuals, organizations, and institutions for services furthering the educational 13 objectives of the council's programs; 14 (3) enter into contracts, within the limit of funds available, with local 15 and regional associations for cooperative endeavors furthering the educational 16 objectives of the council's programs; 17 (4) accept gifts, contributions, and bequests of unrestricted funds from 18 individuals, foundations, corporations, and other organizations or institutions for the 19 purpose of furthering the educational objectives of the council's programs; and 20 (5) make and sign agreements and do and perform any acts necessary 21 to carry out the purposes of AS 44.27.040 - 44.27.058 [AS 44.27.040 - 44.27.060]. 22  * Sec. 112. AS 44.33.113(c) is amended to read: 23 (c) The aggregate total of administrative cost charges to all CDQ groups for a 24 fiscal year shall approximately equal, but may not exceed, the appropriations 25 authorized for that fiscal year for the state's role under AS 44.33.020(a)(11), less 26 [(1) APPROPRIATIONS FROM SOURCES OF PROGRAM 27 RECEIPTS UNDER AS 37.05.146(b) AND (c) NOT COLLECTED UNDER THIS 28 SECTION; AND 29 (2)] any reappropriations of charges collected under this section. 30  * Sec. 113. AS 44.33.113(g) is amended to read: 31 (g) The department shall collect and enforce the administrative cost charge 01 assessed under this section. The receipts from the charge assessed under this section 02 shall be deposited in [THE COMMUNITY DEVELOPMENT QUOTA PROGRAM 03 ACCOUNT IN] the state treasury. [UNDER AS 37.05.146(c), RECEIPTS FROM 04 CHARGES COLLECTED UNDER THIS SECTION SHALL BE ACCOUNTED 05 FOR SEPARATELY, AND APPROPRIATIONS FROM THE ACCOUNT ARE 06 NOT MADE FROM THE UNRESTRICTED GENERAL FUND.] The legislature 07 may appropriate an amount equal to the annual estimated revenue derived 08 [MONEY] from the community development quota program account for expenditures 09 by the department for necessary costs incurred by the department in implementing any 10 assigned role under AS 44.33.020(a)(11) or for any other public purpose. 11  * Sec. 114. AS 46.14.270 is amended to read: 12 Sec. 46.14.270. Penalties and fees [SPECIAL ACCOUNT]. Civil or criminal 13 penalties, fines, assessments, or damages, and interest, attorney fees, and costs 14 collected as a result of a violation relating to this chapter and interest collected under 15 AS 46.14.255 shall be deposited in the general fund. [AND CREDITED TO A 16 SPECIAL ACCOUNT CALLED THE "CLEAN AIR PROTECTION ACCOUNT."] 17  * Sec. 115. AS 46.14.400(d) is amended to read: 18 (d) A municipality or a local air quality district seeking department approval 19 for a local air quality control program shall enter into a cooperative agreement with 20 the department that is designed to avoid unnecessary duplication of responsibilities. 21 The cooperative agreement must include provisions specifying 22 (1) the respective duties and authority of the department and the 23 municipality or local air quality district in the administration of the local air quality 24 control program; 25 (2) the authority of the municipality or the local air quality district to 26 employ staff to administer the local air quality control program; 27 (3) duties of staff employed under (2) of this subsection; 28 (4) the procedures that must be followed by the municipality or local 29 air quality district when requesting that the department request a legislative  30 appropriation [MONEY FROM THE CLEAN AIR PROTECTION FUND] to cover 31 the costs of implementing the municipality's or district's air quality program; 01 (5) the procedures that will be used by the department in approving a 02 request under (4) of this subsection and submitting it to the legislature for funding; 03 (6) respective enforcement responsibilities of the department and the 04 municipality or the local air quality district; 05 (7) that, if the municipality or local air quality control district seeks 06 authority to take action under (f) of this section, the municipality or local air quality 07 control district will use procedures that are substantially equivalent to those required 08 under AS 46.14.010 and 46.14.015. 09  * Sec. 116. AS 47.05.200(c) is amended to read: 10 (c) Each fiscal year, the state's share of recovered overpayments obtained 11 because of the required contract audits under this section shall be deposited with the 12 commissioner of revenue under AS 37.10.050 [AND SEPARATELY ACCOUNTED 13 FOR BY THE COMMISSIONER OF ADMINISTRATION UNDER AS 37.05.142]. 14 The legislature may appropriate a portion of the estimated balance of these recovered  15 overpayments [IN THE ACCOUNT] to the department to pay for the annual audits 16 described in this section. 17  * Sec. 117. The following funds and accounts are repealed: 18 (1) AS 08.88.450 (real estate surety fund); 19 (2) AS 13.50.160 (anatomical gift awareness fund); 20 (3) AS 14.11.005 (school construction grant fund); 21 (4) AS 14.11.007 (major maintenance grant fund); 22 (5) AS 14.17.300 (public education fund); 23 (6) AS 18.65.225 (Alaska police training fund); 24 (7) AS 19.65.060 (Alaska marine highway system fund); 25 (8) AS 23.15.125(a) (assistive technology loan guarantee fund); 26 (9) AS 23.15.130 (vocational rehabilitation small business enterprise 27 revolving fund); 28 (10) AS 23.15.625 (employment assistance and training program account); 29 (11) AS 23.15.830 (Alaska technical and vocational education program 30 account); 31 (12) AS 23.20.130(d) (training and building fund); 01 (13) AS 23.30.040(a) (second injury fund); 02 (14) AS 23.35.060 (fishermen's fund); 03 (15) AS 23.30.082 (workers' compensation benefits guaranty fund); 04 (16) AS 26.23.300 (disaster relief fund); 05 (17) AS 26.23.400 (fuel emergency fund); 06 (18) AS 37.05.289 (state insurance catastrophe reserve account); 07 (19) AS 37.05.520 (Railbelt energy fund); 08 (20) AS 37.05.540 (budget reserve fund); 09 (21) AS 37.05.550 (Alaska marine highway system vessel replacement fund); 10 (22) AS 37.05.560 (educational facilities maintenance and construction fund); 11 (23) AS 37.05.565 (Alaska capital income fund); 12 (24) AS 37.05.580 (tobacco use education and cessation fund); 13 (25) AS 37.05.590 (civil legal services fund); 14 (26) AS 37.06.010 (municipal capital project matching grant fund); 15 (27) AS 37.06.020 (unincorporated community capital project matching grant 16 fund); 17 (28) AS 37.14.200 (Alaska children's trust); 18 (29) AS 37.14.700 (Alaska veterans' memorial endowment); 19 (30) AS 37.15.011 (Alaska debt retirement fund); 20 (31) AS 38.04.022 (state land disposal income fund); 21 (32) AS 39.30.050 (FICA administration fund); 22 (33) AS 41.17.300 (state land reforestation fund); 23 (34) AS 41.35.380 (Alaska historical commission receipts account); 24 (35) AS 43.50.140 (school fund); 25 (36) AS 43.60.050 (alcohol and other drug abuse treatment and prevention 26 fund); 27 (37) AS 44.27.060 (art in public places fund); 28 (38) AS 44.31.025 (building safety account); 29 (39) AS 44.33.115 (Exxon Valdez oil spill unincorporated rural community 30 grant fund); 31 (40) AS 44.68.130(c) (special revolving fund - surplus property); 01 (41) AS 44.68.210 (highways equipment working capital fund); 02 (42) AS 46.03.482 (commercial passenger vessel environmental compliance 03 fund); 04 (43) AS 46.14.260 (clean air protection fund). 05 * Sec. 118. The following are repealed: 06 (1) AS 08.88.472(d); 07 (2) AS 13.50.150(b), 13.50.190(4); 08 (3) AS 19.65.080; 09 (4) AS 23.35.150(4); 10 (5) AS 28.10.181(t) and 28.10.421(d)(14); 11 (6) AS 37.05.500; 12 (7) AS 37.06.030, 37.06.040, 37.06.080, and 37.06.090; 13 (8) AS 37.14.210, 37.14.220, 37.14.225, 37.14.230, 37.14.240, 37.14.250, 14 37.14.260, and 37.14.270; 15 (9) AS 37.14.720, 37.14.730, and 37.14.740; 16 (10) AS 41.17.310 and 41.17.320; 17 (11) AS 43.50.190(d); 18 (12) AS 44.27.050(5); 19 (13) AS 44.68.220, 44.68.230, 44.68.240, and 44.68.250; 20 (14) AS 46.03.490(5). 21  * Sec. 119. (a) AS 37.05.142 and 37.05.144 are repealed. 22 (b) The following are repealed: 23 (1) AS 18.50.225(d) and 18.50.272(e); 24 (2) AS 28.90.030(b) and 28.90.030(d). 25  * Sec. 120. (a) AS 37.05.146(a) is repealed. 26 (b) The following are repealed: 27 (1) AS 40.17.075; 28 (2) AS 44.37.025(f) and 44.37.027(f); 29 (3) AS 45.29.530; 30 (4) AS 45.66.040(b); 31 (5) AS 46.14.265. 01  * Sec. 121. The uncodified law of the State of Alaska is amended by adding a new section 02 to read: 03 REPEAL OF TEMPORARY LAW. (a) The following subfunds or accounts 04 established in the general fund under authority or direction of federal law are repealed: 05 (1) Adak Airport Operations Fund; 06 (2) Alaska Transportation Infrastructure Bank; 07 (3) Donated Commodity Fee Fund; 08 (4) Election Fund, established under the "Help America Vote Act"; 09 (5) Federal Highway Administration - Airspace Leases Fund; 10 (6) Fisheries Disaster Fund; and 11 (7) Trans-Alaska Pipeline Rebate Fund. 12 (b) The School Trust Land Sales Fund, a subfund established in the general fund 13 under authority of other state law, is repealed. 14  * Sec. 122. The uncodified law of the State of Alaska is amended by adding a new section 15 to read: 16 TRANSITIONAL PROVISIONS. The unencumbered balances in the funds and 17 accounts repealed in secs. 117 and 121 of this Act shall be deposited into the general fund. 18 This Act does not affect already encumbered funds in the funds and accounts listed in secs. 19 117 and 121 of this Act. 20 * Sec. 123. This Act takes effect July 1, 2008.