SB 154: "An Act relating to state aid to municipalities, certain unincorporated communities, and certain other recipients; relating to the municipal revenue sharing program; and providing for an effective date."
00SENATE BILL NO. 154 01 "An Act relating to state aid to municipalities, certain unincorporated communities, 02 and certain other recipients; relating to the municipal revenue sharing program; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.70.075(a) is amended to read: 06 (a) A fire officer of a municipal fire department or a fire department registered 07 under AS 29.60.720 [AS 29.60.130], while providing fire protection or other 08 emergency services, has the authority to 09 (1) control and direct activities at the scene of a fire or emergency; 10 (2) order a person to leave a building or place in the vicinity of a fire 11 or emergency [,] for the purpose of protecting the person from injury; 12 (3) blockade a public highway, street, or private right-of-way 13 temporarily while at the scene of a fire or emergency; 14 (4) trespass upon property at or near the scene of a fire or emergency
01 at any time of the day or night; 02 (5) enter a building, including a private dwelling, or premises where 03 a fire is in progress, or where there is reasonable cause to believe a fire is in progress, 04 to extinguish the fire; 05 (6) enter a building, including a private dwelling, or premises near the 06 scene of a fire for the purpose of protecting the building or premises or for the purpose 07 of extinguishing the fire that is in progress in another building or premises; 08 (7) upon 24-hour notice to the owner or occupant, conduct a prefire 09 planning survey in all buildings, structures, or other places within the municipality or 10 the registered fire department's district, except the interior of a private dwelling, where 11 combustible material is or may become dangerous as a fire menace to the building; 12 (8) direct the removal or destruction of a fence, house, motor vehicle, 13 or other thing judged necessary to prevent the further spread of a fire. 14 * Sec. 2. AS 29.20.640(b) is amended to read: 15 (b) Compliance with the provisions of this section is a prerequisite to receipt 16 of entitlements under the municipal revenue sharing program (AS 29.60.700 - 17 29.60.730) [TAX RESOURCE EQUALIZATION ASSISTANCE UNDER 18 AS 29.60.010 - 29.60.080 AND PRIORITY REVENUE SHARING FOR MUNICIPAL 19 SERVICES UNDER AS 29.60.100 - 29.60.180]. If a municipality does not comply 20 with this section, the department shall withhold the entitlements [ALLOCATIONS] 21 until the required reports are filed. 22 * Sec. 3. AS 29.45.020 is amended to read: 23 Sec. 29.45.020. Taxpayer notice. (a) If a municipality levies and collects 24 property taxes, the governing body shall provide the following notice: 25 "NOTICE TO TAXPAYER 26 For the current fiscal year the (city)(borough) has been allocated the following 27 amount of state aid for school and municipal purposes under the applicable 28 financial assistance Acts: 29 PUBLIC SCHOOL FUNDING PROGRAM (AS 14.17) $ 30 STATE AID FOR RETIREMENT OF SCHOOL 31 CONSTRUCTION DEBT (AS 14.11.100) $
01 MUNICIPAL REVENUE SHARING PROGRAM 02 (AS 29.60.700 - 29.60.730) $ 03 [MUNICIPAL TAX RESOURCE EQUALIZATION 04 (AS 29.60.010 - 29.60.080) $ 05 PRIORITY REVENUE SHARING FOR 06 MUNICIPAL SERVICES (AS 29.60.100 - 29.60.180) $ 07 REVENUE SHARING FOR SAFE COMMUNITIES 08 (AS 29.60.350 - 29.60.375) $] 09 TOTAL AID $ 10 The millage equivalent of this state aid, based on the dollar value of a mill in 11 the municipality during the current assessment year and for the preceding 12 assessment year, is: 13 MILLAGE EQUIVALENT 14 PREVIOUS YEAR THIS YEAR 15 PUBLIC SCHOOL FUNDING 16 PROGRAM ASSISTANCE . . . .MILLS . . . .MILLS 17 STATE AID FOR RETIREMENT 18 OF SCHOOL CONSTRUCTION 19 DEBT . . . .MILLS . . . .MILLS 20 MUNICIPAL REVENUE SHARING 21 PROGRAMS . . . .MILLS . . . .MILLS 22 [MUNICIPAL TAX RESOURCE 23 EQUALIZATION . . . .MILLS . . . .MILLS 24 PRIORITY REVENUE SHARING 25 FOR MUNICIPAL SERVICES . . . .MILLS . . . .MILLS 26 REVENUE SHARING FOR SAFE 27 COMMUNITIES] . . . .MILLS . . . .MILLS 28 TOTAL MILLAGE EQUIVALENT . . . .MILLS . . . .MILLS" 29 Notice shall be provided by 30 (1) furnishing a copy of the notice with tax statements mailed for the 31 fiscal year for which aid is received; or
01 (2) publishing in a newspaper of general circulation in the municipality 02 a copy of the notice once each week for a period of three successive weeks, with 03 publication to occur not later than 45 days after the final adoption of the municipality's 04 budget. 05 (b) Compliance with the provisions of this section is a prerequisite to receipt 06 of entitlements under the municipal revenue sharing program (AS 29.60.700 - 07 29.60.730) [TAX RESOURCE EQUALIZATION UNDER AS 29.60.010 - 29.60.080 08 AND PRIORITY REVENUE SHARING FOR MUNICIPAL SERVICES UNDER 09 AS 29.60.100 - 29.60.180]. The department shall withhold annual entitlements 10 [ALLOCATIONS] under those sections until municipal officials demonstrate that the 11 requirements of this section have been met. 12 * Sec. 4. AS 29.45.660(b) is amended to read: 13 (b) Compliance with the provisions of this section is a prerequisite to receipt 14 of entitlements under the municipal revenue sharing program (AS 29.60.700 - 15 29.60.730) [TAX RESOURCE EQUALIZATION UNDER AS 29.60.010 - 29.60.080 16 AND PRIORITY REVENUE SHARING FOR MUNICIPAL SERVICES UNDER 17 AS 29.60.100 - 29.60.180]. The department shall withhold annual entitlements 18 [ALLOCATIONS] under those sections until municipal officials demonstrate that the 19 requirements of this section have been met. 20 * Sec. 5. AS 29.60 is amended by adding new sections to read: 21 Article 9. Municipal Revenue Sharing Program. 22 Sec. 29.60.700. Municipal minimum entitlements. (a) The municipal 23 minimum entitlements account is established in the department and consists of money 24 appropriated to the account or transferred to the account under AS 29.60.710 or 25 29.60.720. Each state fiscal year, the department shall distribute money in the account 26 to each eligible municipality. The amount of an entitlement is $35,000. If there is not 27 enough money in the account to fully fund all entitlements for a fiscal year, the 28 department shall distribute the amount available on a pro rata basis so that each 29 entitlement is reduced by the same amount. Money in the account that exceeds the 30 amount required to fully fund entitlements for a fiscal year lapses into the general 31 fund.
01 (b) A municipality qualifies for a municipal minimum entitlement for a fiscal 02 year if 03 (1) the municipality has conducted a regular election during the 04 preceding state fiscal year or when last required to do so by ordinance or charter and 05 has reported the results of the election to the commissioner; 06 (2) regular meetings of the governing body were held in the 07 municipality during the preceding state fiscal year and a record of the proceedings was 08 maintained; 09 (3) a municipal budget has been adopted for the municipal fiscal year 10 during which payment of the entitlement is authorized, and an audit or financial 11 statement for the preceding municipal fiscal year has been furnished to the department; 12 and 13 (4) all ordinances adopted by the municipality have been codified in 14 accordance with AS 29.25.050. 15 Sec. 29.60.710. Municipal services entitlements. (a) The road maintenance 16 account is established in the department. Each fiscal year, the department shall 17 distribute money appropriated to the account to eligible municipalities to be used for 18 road maintenance. A municipality is eligible for a municipal services entitlement 19 under this section only if it is eligible for a municipal minimum entitlement under 20 AS 29.60.700 for that fiscal year and if it has power to provide for road maintenance 21 and exercises that power. If appropriations are not sufficient to fully fund entitlements 22 for a fiscal year under this section, entitlements shall be reduced on a pro rata basis. 23 If appropriations exceed the amount required to fully fund entitlements under this 24 section, the department shall transfer the excess amount to the municipal minimum 25 entitlements account. 26 (b) The road maintenance entitlement is equal to $1,200 for each mile of road, 27 street, or highway maintained by a municipality and used by automotive equipment, 28 excluding (1) the official state highway system, (2) roads, streets, or highways not 29 dedicated to public use, (3) roads, streets, or highways maintained under AS 19.30.111 30 - 19.30.251 (local service road program), and (4) alleyways, as defined by regulations 31 of the Department of Transportation and Public Facilities. In addition, the municipality
01 may receive an entitlement equal to $600 for each mile of a frozen waterway and a 02 connection from an inhabited area to a frozen waterway that may be safely used for 03 public transportation by automotive equipment and is so used during a portion of the 04 year if the waterway and connection are maintained during the period of use by the 05 municipality. The department, after consultation with the Department of 06 Transportation and Public Facilities, shall determine which waterways and connections 07 qualify and, where the waterways or connections lie outside the corporate limits of a 08 municipality and are maintained by a combination of municipalities, which 09 municipalities shall receive the payments under this subsection, unless the 10 municipalities involved have agreed in writing to a particular distribution. 11 Sec. 29.60.720. Fire and emergency medical services entitlements. (a) 12 Each fiscal year, the department shall pay to a municipality that has a fire department 13 registered with the state fire marshal or an organization certified by the state to provide 14 emergency medical services an entitlement to be used for fire or emergency medical 15 services. The amount of the entitlement is based on the number of individuals served 16 as determined by the department. The entitlement equals $5 for each individual who 17 receives fire protection services and $5 for each individual who receives emergency 18 medical services. A municipality is eligible for an entitlement under this subsection 19 only if it is eligible for a municipal minimum entitlement under AS 29.60.700 for that 20 fiscal year. 21 (b) Each fiscal year, the department shall pay to a fire department registered 22 with the state fire marshal or to an organization certified by the state to provide 23 emergency medical services an entitlement to be used for fire or emergency medical 24 services if the area served is not in a municipality. The amount of the entitlement is 25 based on the number of individuals served as determined by the department. The 26 entitlement equals $5 for each individual who receives fire protection services and $5 27 for each individual who receives emergency medical services. 28 (c) The fire and emergency medical services account is established in the 29 department. The department shall pay entitlements under this section from 30 appropriations to the account. If appropriations are not sufficient to fully fund 31 entitlements for a fiscal year, all entitlements under this section shall be reduced on
01 a pro rata basis. If appropriations exceed the amount required to fully fund 02 entitlements, the department shall transfer the excess amount to the municipal 03 minimum entitlements account. 04 Sec. 29.60.730. Administration. (a) The department shall adopt regulations 05 necessary to implement AS 29.60.700 - 29.60.730, which must include 06 (1) procedures and filing dates for submitting entitlement applications 07 and information relating to those applications; 08 (2) procedures by which the department shall notify a municipality or 09 other applicant in writing of the reasons for a proposed disallowance or adjustment of 10 any factor bearing on the determination of the applicant's eligibility for and amount 11 of entitlement. 12 (b) For purposes of AS 29.60.700 - 29.60.730, population shall be determined 13 by the latest figures of the United States Bureau of the Census or other population data 14 that in the judgment of the department is reliable. 15 (c) The department shall make payments under AS 29.60.700 - 29.60.730 no 16 later than July 31, based on entitlement calculations made during the preceding fiscal 17 year. 18 * Sec. 6. AS 37.06.010(g) is amended to read: 19 (g) For purposes of this section, in calculating the population of a borough , the 20 population of each city in the borough is excluded. The determination of population 21 shall be based upon data used by the Department of Community and Regional Affairs 22 under AS 29.60.730(b) [AS 29.60.020]. 23 * Sec. 7. AS 41.15.180(d) is amended to read: 24 (d) From the percentage of the unorganized borough national forest receipts 25 fund allocated to public roads under (b) of this section, the commissioner shall pay to 26 each 27 (1) home rule city, first class city, or second class city that exercises 28 road powers, that is located within the unorganized borough and within a national 29 forest or within 20 miles of a national forest, a share of the income from the roads 30 allocation of the fund; a home rule city, first class city, or second class city's share 31 shall be calculated as the proportion of the number of road miles within municipal
01 boundaries over which the community exercises road powers plus the number of state 02 road miles maintained by the municipality under agreement with the state compared 03 to the total number of road miles maintained by state or local governments in the 04 unorganized borough and within the national forest or within 20 miles of the national 05 forest; 06 (2) municipality organized under federal law as an Indian reserve that 07 existed before the enactment of 43 U.S.C. 1618(a) and is continued in existence under 08 that subsection and that has formed a community development corporation under 09 former AS 29.60.365, that exercises road powers , and that is located within the 10 unorganized borough and within the national forest or within 20 miles of the national 11 forest a share of the income from the roads allocation of the fund; the share due a 12 municipality organized under federal law that exercises road powers shall be calculated 13 as the proportion of the number of road miles within municipal boundaries over which 14 the community exercises road powers plus the number of state road miles maintained 15 by the municipality under agreement with the state compared to the total number of 16 road miles maintained by state or local governments in the unorganized borough and 17 within the national forest or within 20 miles of the national forest; however, the 18 commissioner may pay income from national forest receipts under this paragraph only 19 after the corporation has delivered a written waiver of sovereign immunity from legal 20 action by the state to recover all or a portion of the money distributed under this 21 section. 22 * Sec. 8. AS 42.45.110(b) is amended to read: 23 (b) An eligible electric utility is entitled to receive power cost equalization 24 (1) for sales of power to local community facilities, calculated in the 25 aggregate for each community served by the electric utility, for actual consumption of 26 not more than 70 kilowatt-hours per month for each resident of the community; the 27 number of community residents shall be determined under AS 29.60.730(b) 28 [AS 29.60.020]; and 29 (2) for actual consumption of not more than 700 kilowatt-hours per 30 month sold to each customer in all classes served by the electric utility except 31 (A) customers of the utility under (1) of this subsection; and
01 (B) customers that are state or federal offices or state or federal 02 facilities other than public schools. 03 * Sec. 9. AS 29.10.200(54), 29.10.200(55); AS 29.60.010, 29.60.020, 29.60.030, 29.60.040, 04 29.60.050, 29.60.060, 29.60.070, 29.60.080, 29.60.100, 29.60.110, 29.60.120, 29.60.130, 05 29.60.150, 29.60.160, 29.60.170, 29.60.180, 29.60.280, 29.60.290, 29.60.300, 29.60.310, 06 29.60.350, 29.60.360, 29.60.365, 29.60.370, 29.60.372, 29.60.373, and 29.60.375 are repealed. 07 * Sec. 10. This Act takes effect July 1, 1999.