SB 68: "An Act relating to the accounting for money received by the state from the mining license tax, mining lease payments, and royalties from mining in a municipality and on state tide and submerged land seaward of a municipality, and the availability of that money for appropriation to certain boroughs and municipalities outside of a borough."
00 SENATE BILL NO. 68 01 "An Act relating to the accounting for money received by the state from the mining 02 license tax, mining lease payments, and royalties from mining in a municipality and on 03 state tide and submerged land seaward of a municipality, and the availability of that 04 money for appropriation to certain boroughs and municipalities outside of a borough." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 38.05.135 is amended by adding new subsections to read: 07 (h) After making the deposit due to the permanent fund under 08 AS 37.13.010(a), 50 percent of the remaining amount of mineral lease rentals, 09 royalties, and royalty sale proceeds received for a lease under AS 38.05.135 - 10 38.05.160 and 38.05.181 that is located in a municipality or on state tide and 11 submerged land seaward of a municipality shall be deposited into the general fund and 12 separately accounted for under AS 37.05.142. The director shall apportion the amount 13 of rent, royalty, and royalty sale proceeds for a lease that is not entirely within a 14 municipality or on state tide and submerged land seaward of a municipality based on
01 the amount of surface area of the lease that is within the municipality or on state tide 02 and submerged land seaward of a municipality. 03 (i) Upon request 04 (1) by the commissioner of commerce, community, and economic 05 development, the legislature may appropriate money from the rent, royalty, and 06 royalty sale proceeds that are separately accounted for under (h) of this section from a 07 lease or portion of a lease in a borough and on state tide and submerged land seaward 08 of the borough to that borough; and 09 (2) by the commissioner of commerce, community, and economic 10 development or the commissioner of natural resources, the legislature may appropriate 11 money from the rent, royalty, and royalty sale proceeds that are separately accounted 12 for under (h) of this section from a lease or portion of a lease in a municipality outside 13 of a borough and on state tide and submerged land seaward of the municipality to that 14 municipality. 15 (j) Nothing in (h) of this section creates a dedicated fund or limits the 16 authority of a department to request funds or the authority of the legislature to 17 appropriate funds. 18 * Sec. 2. AS 43.65.010 is amended by adding new subsections to read: 19 (j) Proceeds from the tax imposed under this chapter shall be deposited into 20 the general fund and separately accounted for under AS 37.05.142. 21 (k) The commissioner shall adopt regulations for apportioning the proceeds 22 from tax received under this chapter based on the gross income attributable to mining 23 subject to tax under this chapter on property in each borough, in each municipality 24 outside of a borough, on state tide and submerged land seaward of each borough and 25 each municipality outside of a borough and in the area in the state that is not within a 26 municipality. The accounting for the proceeds from the tax under (j) of this section 27 shall identify the amount of proceeds from tax apportioned to each borough, each 28 municipality outside of a borough, and state tide and submerged land seaward of a 29 borough and a municipality outside of a borough in which there is mining activity 30 under the regulations adopted under this subsection. 31 (l) Upon request
01 (1) by the commissioner of commerce, community, and economic 02 development, the legislature may appropriate not more than 50 percent of the proceeds 03 from the tax that are separately accounted for and apportioned to a borough or to state 04 tide and submerged land seaward of the borough under (j) and (k) of this section to a 05 borough in which there is mining subject to the tax imposed under this chapter; and 06 (2) by the commissioner of commerce, community, and economic 07 development or the commissioner of natural resources, the legislature may appropriate 08 not more than 50 percent of the proceeds from the tax that are separately accounted for 09 and apportioned to a municipality or state tide and submerged land adjacent to a 10 municipality outside of a borough under (j) and (k) of this section to a municipality 11 outside of a borough in which there is mining subject to tax under this chapter. 12 (m) Nothing in (l) of this section creates a dedicated fund or limits the 13 authority of a department to request funds or the authority of the legislature to 14 appropriate funds.