Enrolled SB 328: Relating to the national forest income program in the Department of Community and Economic Development and to the authority of the department to adopt regulations; making conforming amendments; and providing for an effective date.
00Enrolled SB 328 01 Relating to the national forest income program in the Department of Community and 02 Economic Development and to the authority of the department to adopt regulations; making 03 conforming amendments; and providing for an effective date. 04 _______________ 05 * Section 1. AS 41.15.180 is amended by adding new subsections to read: 06 (k) The department may adopt regulations necessary to implement this section 07 that are consistent with federal law. 08 (l) If any provision of this section is determined by the department to be in 09 conflict with federal requirements regarding the allocation of money received by the 10 state from the federal government under (a) of this section, the provision that is in 11 conflict is inoperative to the extent of the conflict. The determination does not affect 12 the operation of any other provision of this section. Upon a determination that a 13 provision of this section is in conflict with federal requirements regarding the 14 allocation of money received from the federal government, the department may adopt
01 regulations that modify the requirements of that provision to the extent necessary to 02 comply with the federal requirements. 03 (m) In this section, "number of children in average daily membership" means 04 the number of full-time equivalent students enrolled in the city school district or 05 regional educational attendance area, excluding correspondence students residing 06 outside the school district's or regional educational attendance area's boundaries, that 07 receives a share of the income from the public schools allocation of the fund created in 08 (b) of this section. 09 * Sec. 2. AS 44.33.020 is amended by adding a new subsection to read: 10 (b) The department may adopt regulations necessary to carry out its statutory 11 functions. 12 * Sec. 3. AS 44.33.113(a) is amended to read: 13 (a) If the governor delegates duties as described in AS 44.33.020(a)(11) 14 [AS 44.33.020(11)] to the department, the department shall determine and assess an 15 annual administrative cost charge for the administration of the state's role in the 16 federal community development quota program. The department shall by regulation 17 establish the method for implementing the charge in accordance with the provisions of 18 this section. The department shall assess the charges on community development 19 quota groups with approved community development plans for the fiscal year for 20 which the charge is applicable. The community development quota group shall pay 21 the charge. 22 * Sec. 4. AS 44.33.113(c) is amended to read: 23 (c) The aggregate total of administrative cost charges to all CDQ groups for a 24 fiscal year shall approximately equal, but may not exceed, the appropriations 25 authorized for that fiscal year for the state's role under AS 44.33.020(a)(11) 26 [AS 44.33.020(11)], less 27 (1) appropriations from sources of program receipts under 28 AS 37.05.146(b) and (c) not collected under this section; and 29 (2) any reappropriations of charges collected under this section. 30 * Sec. 5. AS 44.33.113(g) is amended to read: 31 (g) The department shall collect and enforce the administrative cost charge
01 assessed under this section. The receipts from the charge assessed under this section 02 shall be deposited in the community development quota program account in the state 03 treasury. Under AS 37.05.146(c), receipts from charges collected under this section 04 shall be accounted for separately, and appropriations from the account are not made 05 from the unrestricted general fund. The legislature may appropriate money from the 06 community development quota program account for expenditures by the department 07 for necessary costs incurred by the department in implementing any assigned role 08 under AS 44.33.020(a)(11) [AS 44.33.020(11)] or for any other public purpose. 09 * Sec. 6. AS 44.33.113(h) is amended to read: 10 (h) The Department of Administration shall identify the amount of the 11 appropriations for the state's role under AS 44.33.020(a)(11) [AS 44.33.020(11)] that 12 lapses into the general fund each year. The legislature may appropriate an amount 13 equal to the lapsed amount to the community development quota program for its 14 operating costs for the next fiscal year. 15 * Sec. 7. AS 41.15.180(m), enacted in sec. 1 of this Act, takes effect July 1, 2005. 16 * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect immediately under 17 AS 01.10.070(c).