CSSB 240(CRA): "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; and providing for an effective date."
00CS FOR SENATE BILL NO. 240(CRA) 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; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 37.05.146(b)(4) is amended by adding a new subparagraph to read: 07 (X) the administrative cost charge under AS 44.33.113 for the 08 state's role in the federal community development quota program; 09 * Sec. 2. AS 44.33 is amended by adding a new section to read: 10 Sec. 44.33.113. Charges for community development quota program. (a) 11 If the governor delegates duties as described in AS 44.33.020(11) to the department, 12 the department shall determine and assess an annual administrative cost charge for the 13 administration of the state's role in the federal community development quota program. 14 The department shall by regulation establish the method for implementing the charge
01 in accordance with the provisions of this section. The department shall assess the 02 charges on community development quota groups with approved community 03 development plans for the fiscal year for which the charge is applicable. The 04 community development quota group shall pay the charge. 05 (b) The administrative cost charge under this section for a CDQ group shall 06 be determined by the department no later than the June 30 immediately preceding the 07 start of the applicable fiscal year. The department shall promptly notify the CDQ 08 group of the amount of the charge. The CDQ group shall pay the charge no later than 09 45 days after the department provides notice to the CDQ group of the amount of the 10 charge. 11 (c) The aggregate total of administrative cost charges to all CDQ groups for 12 a fiscal year 13 (1) shall approximately equal, but may not exceed, the appropriations 14 authorized for that fiscal year for the state's role under AS 44.33.020(11), less 15 (A) appropriations from sources of program receipts under 16 AS 37.05.146(b) not collected under this section; and 17 (B) any reappropriations of charges collected under this section; 18 and 19 (2) may not exceed $400,000. 20 (d) Fifty percent of the aggregate total of administrative cost charges assessed 21 on all CDQ groups for a fiscal year shall be recovered through the standard portion of 22 the charges and 50 percent of the aggregate total shall be recovered through the 23 variable portion of the charges. The administrative cost charge assessed on a CDQ 24 group for a fiscal year shall consist of a standard portion and a variable portion. The 25 CDQ group's standard portion is calculated by dividing the aggregate total amount to 26 be recovered through this portion by the number of CDQ groups to be assessed a 27 charge. The CDQ group's variable portion is calculated by multiplying the aggregate 28 total amount to be recovered through this portion by a percentage that represents the 29 ratio of the value of the CDQ group's fisheries resource quota allocation to the total 30 value of fisheries resources allocated under the CDQ program for the applicable year. 31 (e) Notwithstanding any contrary provision of this section, the department may
01 adjust the administrative cost charge for a fiscal year to one or more CDQ groups if 02 the department finds that an inequitable result will occur absent the adjustment, but the 03 aggregate total of the charges to be paid by all CDQ groups after the adjustment must 04 equal the amount originally calculated for that fiscal year under (c) of this section. 05 (f) The department may not assess or collect administrative charges under this 06 section from a CDQ group that represents communities that are not eligible for the 07 CDQ program on June 30, 2000, for a period of two years from the actual award of 08 a fisheries quota to that CDQ group. 09 (g) The department shall collect and enforce the administrative cost charge 10 assessed under this section. The receipts from the charge assessed under this section 11 shall be deposited in the community development quota program account in the state 12 treasury. Under AS 37.05.146(b), receipts from charges collected under this section 13 shall be accounted for separately, and appropriations from the account are not made 14 from the unrestricted general fund. The legislature may appropriate money from the 15 community development quota program account for expenditures by the department 16 for necessary costs incurred by the department in implementing any assigned role 17 under AS 44.33.020(11) or for any other public purpose. 18 (h) The Department of Administration shall identify the amount of the 19 appropriations for the state's role under AS 44.33.020(11) that lapses into the general 20 fund each year. The legislature may appropriate an amount equal to the lapsed amount 21 to the community development quota program for its operating costs for the next fiscal 22 year. 23 (i) The department may adopt regulations under AS 44.62 (Administrative 24 Procedure Act) to interpret or implement its duties under this section. 25 (j) In this section, 26 (1) "CDQ group" or "community development quota group" means an 27 applicant under 16 U.S.C. 1855(i), or a successor program, with an approved 28 community development plan; 29 (2) "CDQ program" or "community development quota program" means 30 the federal community development quota program established under 16 U.S.C. 31 1855(i), or a successor federal program approved by the United States Secretary of
01 Commerce; 02 (3) "fiscal year" has the meaning given in AS 37.05.920; 03 (4) "value" has the meaning given in AS 43.75.290. 04 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 APPLICABILITY. This Act applies to administrative cost charges under 07 AS 44.33.113, enacted by sec. 2 of this Act, applicable for state fiscal years beginning on or 08 after July 1, 2000. 09 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section 10 to read: 11 TRANSITION: REGULATIONS. The Department of Community and Economic 12 Development may proceed to adopt regulations necessary to interpret or implement this Act. 13 Regulations to interpret or implement a provision of this Act take effect under AS 44.62 14 (Administrative Procedure Act), but not before the effective date of sec. 2 of this Act. 15 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 16 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect June 30, 2000.