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SB 287: "An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date."

00SENATE BILL NO. 287 01 "An Act relating to the unincorporated community capital project matching grant 02 program; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.06.020(b) is amended to read: 05  (b) The unincorporated community capital project matching grant fund is 06 established in the department and consists of appropriations to the fund. Appropriations 07 to the fund do not lapse except as provided in (h) of this section. The money in the 08 fund is held by the department in custody under this subsection for each 09 unincorporated community eligible for an allocation under this subsection. The 10 department shall establish an individual grant account within the fund for each eligible 11 unincorporated community [THAT WAS ENTITLED TO RECEIVE STATE AID 12 UNDER AS 29.60.140 DURING THE PRECEDING FISCAL YEAR]. As provided 13 in this subsection, each fiscal year the department shall allocate, to the individual grant 14 accounts, appropriations to the fund. An unincorporated community is eligible for an

01 allocation in a fiscal year if the requirements of (d) are met and the community (1) 02 was eligible to receive state aid under AS 29.60.140 during the preceding fiscal year; 03 or (2) is located in a borough, other than a unified municipality, and was a place 04 in which 25 or more individuals resided as a social unit during the preceding 05 fiscal year. The department shall credit interest earned on money in an individual 06 grant account to that account. Except as provided in (c) of this section, the amount 07 allocated under this subsection to an individual grant account in a fiscal year is 08 determined by dividing the total amount appropriated to the fund during that fiscal year 09 by the number of unincorporated communities eligible for an allocation during that 10 fiscal year. 11 * Sec. 2. AS 37.06.020(d) is amended to read: 12  (d) The department shall designate, in each eligible unincorporated community, 13 an incorporated nonprofit entity or a Native village council that agrees to receive and 14 spend grant money allocated to the unincorporated community's individual grant 15 account under (b) of this section. If the community is located in a borough, the 16 department may only designate an entity that has been approved by the assembly 17 and the department must have written evidence of that approval. If there is more 18 than one qualified entity in a community, the department shall designate the entity that 19 the department finds most qualified to make draws from that unincorporated 20 community's individual grant account and spend the money. If there is no qualified 21 incorporated nonprofit entity or Native village council in an unincorporated community 22 that will agree to receive and spend money allocated to the community under (b) of 23 this section, draws may not be made from the unincorporated community's individual 24 grant account and the amount allocated to the account lapses into the general fund. 25 An entity qualifies for designation under this subsection only if it 26  (1) was formed to serve a public or civic purpose; 27  (2) is registered and in good standing with the Department of 28 Commerce and Economic Development if it is a nonprofit corporation; 29  (3) agrees to use the grant money for a public purpose; 30  (4) provides the residents of the community with a public facility 31 or service;

01  (5) has held a public meeting to give residents of the community the 02 opportunity to express their preferences and ideas for use of the grant money; 03 and 04  (6) agrees to make a facility provided with grant money available 05 to every person in the community. 06 * Sec. 3. AS 37.06.020(e) is amended to read: 07  (e) By October 1 of each fiscal year, the incorporated nonprofit entity or 08 Native village council designated by the department under (d) of this section shall 09 submit to the governor a prioritized list of capital projects and estimated costs to be 10 financed with money from the community's individual grant account established under 11 (b) of this section. The list must include the amount and source of the local share 12 required by AS 37.06.030. If the community is located in a borough, the list is 13 subject to approval of the assembly and must be accompanied by written evidence 14 of that approval. The governor shall include in the capital improvements program 15 presented to the legislature under AS 37.07.060 the projects submitted by designated 16 entities under this subsection that the governor recommends for funding. If, in the 17 capital improvements program, the governor includes projects in other than the priority 18 order submitted by a designated entity, the governor shall provide the legislature with 19 a written statement of the reasons for that action. 20 * Sec. 4. This Act takes effect July 1, 1996.