CSHB 334(FIN): "An Act relating to the establishment of and accounting for an administrative cost charge for the state's role in the community development quota program and to the appropriation of receipts from the charge; relating to the accounting for and appropriations of the dive fishery management assessment; and providing for an effective date."
00CS FOR HOUSE BILL NO. 334(FIN) 01 "An Act relating to the establishment of and accounting for an administrative cost 02 charge for the state's role in the community development quota program and to 03 the appropriation of receipts from the charge; relating to the accounting for and 04 appropriations of the dive fishery management assessment; and providing for an 05 effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 37.05.146(b)(4) is amended by adding new subparagraphs to read: 08 (X) the administrative cost charge under AS 44.33.113 for the 09 state's role in the federal community development quota program; 10 (Y) dive fishery management assessment receipts 11 (AS 43.76.150); 12 * Sec. 2. AS 43.76.190(d) is amended to read: 13 (d) The dive fishery management assessment collected under this section shall 14 be deposited in the state treasury. Under AS 37.05.146(b), assessment receipts
01 shall be accounted for separately, and appropriations from the account are not 02 made from the unrestricted general fund [GENERAL FUND]. 03 * Sec. 3. AS 43.76.200(a) is amended to read: 04 (a) The legislature may make appropriations of revenue collected under 05 AS 43.76.190 to the Department of Fish and Game for funding of the qualified 06 regional dive fishery development association in the administrative area in which the 07 assessment was collected. Appropriations under this section are not made from 08 the unrestricted general fund. Funds received under this section by a qualified 09 regional dive fishery development association may be expended in accordance with the 10 annual operating plan developed under (b) of this section. 11 * Sec. 4. AS 44.33 is amended by adding a new section to read: 12 Sec. 44.33.113. Charges for community development quota program. (a) 13 If the governor delegates duties as described in AS 44.33.020(11) to the department, 14 the department shall determine and assess an annual administrative cost charge for the 15 administration of the state's role in the federal community development quota program. 16 The department shall by regulation establish the method for implementing the charge 17 in accordance with the provisions of this section. The department shall assess the 18 charges on community development quota groups with approved community 19 development plans for the fiscal year for which the charge is applicable. The 20 community development quota group shall pay the charge. 21 (b) The administrative cost charge under this section for a CDQ group shall 22 be determined by the department no later than the June 30 immediately preceding the 23 start of the applicable fiscal year. The department shall promptly notify the CDQ 24 group of the amount of the charge. The CDQ group shall pay the charge no later than 25 45 days after the department provides notice to the CDQ group of the amount of the 26 charge. 27 (c) The aggregate total of administrative cost charges to all CDQ groups for 28 a fiscal year shall approximately equal, but may not exceed, the appropriations 29 authorized for that fiscal year for the state's role under AS 44.33.020(11), less 30 (1) appropriations from sources of program receipts under 31 AS 37.05.146(b) not collected under this section; and
01 (2) any reappropriations of charges collected under this section. 02 (d) Fifty percent of the aggregate total of administrative cost charges assessed 03 on all CDQ groups for a fiscal year shall be recovered through the standard portion of 04 the charges and 50 percent of the aggregate total shall be recovered through the 05 variable portion of the charges. The administrative cost charge assessed on a CDQ 06 group for a fiscal year shall consist of a standard portion and a variable portion. The 07 CDQ group's standard portion is calculated by dividing the aggregate total amount to 08 be recovered through this portion by the number of CDQ groups to be assessed a 09 charge. The CDQ group's variable portion is calculated by multiplying the aggregate 10 total amount to be recovered through this portion by a percentage that represents the 11 ratio of the value of the CDQ group's fisheries resource quota allocation to the total 12 value of fisheries resources allocated under the CDQ program for the applicable year. 13 (e) Notwithstanding any contrary provision of this section, the department may 14 adjust the variable portion of the administrative cost charge for a fiscal year to one or 15 more CDQ groups if the department finds that an inequitable result will occur absent 16 the adjustment, but the aggregate total of the charges to be paid by all CDQ groups 17 after the adjustment must equal the amount originally calculated for that fiscal year 18 under (c) of this section. 19 (f) The department shall collect and enforce the administrative cost charge 20 assessed under this section. The receipts from the charge assessed under this section 21 shall be deposited in the community development quota program account in the state 22 treasury. Under AS 37.05.146(b), receipts from charges collected under this section 23 shall be accounted for separately, and appropriations from the account are not made 24 from the unrestricted general fund. The legislature may appropriate money from the 25 community development quota program account for expenditures by the department 26 for necessary costs incurred by the department in implementing any assigned role 27 under AS 44.33.020(11) or for any other public purpose. 28 (g) The Department of Administration shall identify the amount of the 29 appropriations for the state's role under AS 44.33.020(11) that lapses into the general 30 fund each year. The legislature may appropriate an amount equal to the lapsed amount 31 to the community development quota program for its operating costs for the next fiscal
01 year. 02 (h) The department may adopt regulations under AS 44.62 (Administrative 03 Procedure Act) to interpret or implement its duties under this section. 04 (i) In this section, 05 (1) "CDQ group" or "community development quota group" means an 06 applicant under 16 U.S.C. 1855(i), or a successor program, with an approved 07 community development plan; 08 (2) "CDQ program" or "community development quota program" means 09 the federal community development quota program established under 16 U.S.C. 10 1855(i), or a successor federal program approved by the United States Secretary of 11 Commerce; 12 (3) "fiscal year" has the meaning given in AS 37.05.920; 13 (4) "value" has the meaning given in AS 43.75.290. 14 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section 15 to read: 16 APPLICABILITY. This Act applies to administrative cost charges under 17 AS 44.33.113, enacted by sec. 4 of this Act, applicable for state fiscal years beginning on or 18 after July 1, 2000. 19 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section 20 to read: 21 TRANSITION: REGULATIONS. The Department of Community and Economic 22 Development may proceed to adopt regulations necessary to interpret or implement sec. 4 of 23 this Act. Regulations to interpret or implement a provision of sec. 4 of this Act take effect 24 under AS 44.62 (Administrative Procedure Act), but not before the effective date of sec. 4 of 25 this Act. 26 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 27 * Sec. 8. Sections 1, 4, and 5 of this Act take effect June 30, 2000. 28 * Sec. 9. Sections 2 and 3 of this Act take effect July 1, 2000.