CSSB 264(TRA): "An Act relating to aid for municipal road maintenance, and to the transfer of roads to municipalities; and providing for an effective date."
00CS FOR SENATE BILL NO. 264(TRA) 01 "An Act relating to aid for municipal road maintenance, and to the transfer of 02 roads to municipalities; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 29.45.020(a) is amended to read: 05 Sec. 29.45.020. Taxpayer notice. (a) If a municipality levies and collects 06 property taxes, the governing body shall provide the following notice: 07 "NOTICE TO TAXPAYER 08 For the current fiscal year the (city)(borough) has been allocated the following amount 09 of state aid for school and municipal purposes under the applicable financial assistance 10 Acts: 11 PUBLIC SCHOOL FOUNDATION PROGRAM 12 ASSISTANCE (AS 14.17) $ 13 STATE AID FOR RETIREMENT OF SCHOOL 14 CONSTRUCTION DEBT (AS 14.11.100) $
01 MUNICIPAL TAX RESOURCE EQUALIZATION 02 (AS 29.60.010 - 29.60.080) $ 03 PRIORITY REVENUE SHARING FOR 04 MUNICIPAL SERVICES (AS 29.60.100 - 29.60.180) $ 05 REVENUE SHARING FOR SAFE COMMUNITIES 06 (AS 29.60.350 - 29.60.375) $ 07 AID FOR MUNICIPAL ROAD MAINTENANCE 08 (AS 29.60.700 - 29.60.730) $ 09 TOTAL AID $ 10 The millage equivalent of this state aid, based on the dollar value of a mill in the 11 municipality during the current assessment year and for the preceding assessment year, 12 is: 13 MILLAGE EQUIVALENT 14 PREVIOUS YEAR THIS YEAR 15 PUBLIC SCHOOL FOUNDATION 16 PROGRAM ASSISTANCE . . . . MILLS . . . . MILLS 17 STATE AID FOR RETIREMENT 18 OF SCHOOL CONSTRUCTION 19 DEBT . . . .MILLS . . . .MILLS 20 MUNICIPAL TAX RESOURCE 21 EQUALIZATION . . . .MILLS . . . .MILLS 22 PRIORITY REVENUE SHARING 23 FOR MUNICIPAL SERVICES . . . .MILLS . . . .MILLS 24 REVENUE SHARING FOR SAFE 25 COMMUNITIES . . . .MILLS . . . .MILLS 26 AID FOR MUNICIPAL ROAD 27 MAINTENANCE . . . .MILLS . . . .MILLS 28 TOTAL MILLAGE 29 EQUIVALENT . . . .MILLS . . . .MILLS" 30 Notice shall be provided 31 (1) by furnishing a copy of the notice with tax statements mailed for
01 the fiscal year for which aid is received; or 02 (2) by publishing in a newspaper of general circulation in the 03 municipality a copy of the notice once each week for a period of three successive 04 weeks, with publication to occur not later than 45 days after the final adoption of the 05 municipality's budget. 06 * Sec. 2. AS 29.60 is amended by adding new sections to read: 07 Article 9. Aid for Municipal Road Maintenance. 08 Sec. 29.60.700. Aid for municipal road maintenance. (a) The department 09 shall pay to a municipality that has the power to provide for road maintenance and 10 exercises that power a grant based on each mile of road, street, or highway maintained 11 by the municipality excluding 12 (1) the official state highway system; 13 (2) roads, streets, or highways not dedicated to public use; 14 (3) roads, streets, or highways maintained under AS 19.30.111 - 15 19.30.251 (local service road program); 16 (4) alleyways; and 17 (5) roads, streets, or highways not used by automotive equipment. 18 (b) The amount of a grant to a municipality under this section for a year 19 equals $1,000 for each mile of road, street, or highway maintained by the municipality 20 during that year. 21 Sec. 29.60.710. Municipal road maintenance account. (a) The municipal 22 road maintenance account is established in the department. Money to carry out the 23 provisions of AS 29.60.700 - 29.60.730 may be annually appropriated by the 24 legislature from proceeds of the revenue from the tax on motor fuel under 25 AS 43.40.010(m) or from federal or other sources. If amounts in the account are 26 insufficient to pay each municipality's grant authorized under AS 29.60.700, the 27 amounts that are available shall be distributed pro rata among eligible municipalities. 28 (b) Unless otherwise provided in the appropriation, money appropriated to the 29 municipal road maintenance account for a fiscal year that exceeds the amount required 30 to fully fund grants authorized under AS 29.60.700 for that fiscal year shall be 31 allocated by the Department of Community and Regional Affairs to the Department
01 of Transportation and Public Facilities for road improvements under AS 29.60.730(b). 02 Sec. 29.60.720. Regulations. The department shall adopt regulations necessary 03 to carry out the purposes of AS 29.60.700 - 29.60.730. The regulations must include 04 minimum road maintenance standards required for eligibility for grant money. The 05 department shall require a municipality to submit a performance report adequate to 06 demonstrate to the department that maintenance was performed by the municipality and 07 that the maintenance meets minimum standards prescribed by regulation. 08 Sec. 29.60.730. Transfer of roads to municipalities. (a) On application to 09 the Department of Transportation and Public Facilities by a municipality, a road, street, 10 or highway located within the boundaries of the municipality may be transferred to that 11 municipality by the Department of Transportation and Public Facilities if, after the 12 transfer, the municipality will qualify for a grant to maintain the road, street, or 13 highway under AS 29.60.700. 14 (b) Within 60 days after receiving a request from a municipality for the 15 transfer of a road, street, or highway, the Department of Transportation and Public 16 Facilities shall determine, and notify the municipality, whether the road, street, or 17 highway needs grading, surfacing, or other improvements before it is transferred to the 18 municipality under this section. Within 60 days after receiving the notification, the 19 municipality may withdraw its request for the transfer. If the Department of 20 Transportation and Public Facilities determines that the road, street, or highway may 21 be transferred after improvements are made to it and if the municipality does not 22 withdraw its request for the transfer, the Department of Transportation and Public 23 Facilities shall make those improvements, subject to appropriations for that purpose, 24 and transfer the road, street, or highway after the improvements are made. Money to 25 carry out this section shall be annually appropriated. 26 * Sec. 3. AS 43.40.010(g) is amended to read: 27 (g) The proceeds of the revenue from the tax on all motor fuels, except as 28 provided in (e), (f) , [AND] (j) , and (m) of this section, shall be deposited in a special 29 highway fuel tax account in the state general fund. The legislature may appropriate 30 funds from it for expenditure by the Department of Transportation and Public Facilities 31 directly or as matched with available federal-aid highway money for maintenance of
01 highways, construction of highway projects and ferries included in the program 02 provided for in AS 19.10.150, including approaches, appurtenances and related 03 facilities and acquisition of rights-of-way or easements, and other highway costs 04 including surveys, administration, and related matters. All departments of the state 05 government authorized to spend funds collected from taxes imposed by this chapter 06 shall perform, when feasible, all construction or reconstruction projects by contract 07 after the projects have been advertised for competitive bids, except that, when feasible, 08 arrangements shall be made with political subdivisions to carry out the construction 09 or reconstruction projects. If it is not feasible for the work to be performed by state 10 engineering forces, the commissioner of transportation and public facilities may 11 contract on a professional basis with private engineering firms for road design, bridge 12 design, and services in connection with surveys. If more than one private engineering 13 firm is available for the work , the contracts shall be entered into on a negotiated basis. 14 * Sec. 4. AS 43.40.010 is amended by adding a new subsection to read: 15 (m) Thirty-seven and one-half percent of the proceeds of the revenue from the 16 taxes on motor fuel used in motor vehicles licensed to be operated on public ways, 17 excluding the amount determined to have been spent by the state in its collection, shall 18 be deposited in a special municipal road maintenance account in the state general fund. 19 The legislature may appropriate funds from this account for grants to municipalities 20 under AS 29.60.700 and for road improvements under AS 29.60.730(b). 21 * Sec. 5. AS 29.60.110(a) is repealed. 22 * Sec. 6. This Act takes effect July 1, 1998.