Sectional Analysis for SB 28

Unincorporated Community Matching Grants

Section 1: Amends AS 37.06.020(b)

  1. technical amendment for "eligible"
  2. deletes language of AS 29.60.140 - see attached
  3. technical amendment referencing addition of all unincorporateds
  4. new language placing community definition in statute
  5. new language establishing new process of priority review by department
  6. deletes language regarding current process of apportioning funds

Section 2: Amends AS 37.06.020(c)

  1. changes from minimum $25,000 allocation to maximum $25,000
  2. new language regarding lapse of any excess amounts
  3. new language requiring prioritization of projects by department

Section 3: Amends AS 37.06.020(d)

  1. new language regarding community within an organized borough; only one entity per community which must be approved by the borough assembly.

Section 4: Amends AS 37.06.020(e) with technical changes and requires that:

  1. projects are submitted to department (was governor)
  2. written assembly approval of requested projects for communities
  3. department ranks based on health & safety considerations
  4. other technical changes to clarify the intent of new program

Section 5: Amends AS 37.06.020(h) by changing the lapse from five to four years.

Section 6: Amends AS 37.06.030(b) to state that the local share for an unincorporated community located within a borough is the same as for that borough.

Section 7: Effective date of bill.

SB 28 - S(CRA) 2/12/97: mj

Statute referenced in Section 1

Sec. 29.60.140. State aid to unincorporated communities.

(a) The department shall pay to each unincorporated community an entitlement each fiscal year to be used for a public purpose. The department with advice from the Department of Law shall determine whether there is in each unincorporated community an incorporated nonprofit entity or a Native village council that will agree to receive and spend the entitlement. If there is more than one qualified entity in an unincorporated community, the department shall pay the money under the entitlement to the entity that the department finds most qualified to receive and spend the money. The department may not pay money under an entitlement to a Native village council unless the council waives immunity from suit for claims arising out of activities of the council related to the entitlement. A waiver of immunity from suit under this subsection must be on a form provided by the Department of Law. If there is no qualified incorporated nonprofit entity or Native village council in an unincorporated community that is willing to receive money under an entitlement, the entitlement for that unincorporated community may not be paid. Neither this subsection nor any action taken under it enlarges or diminishes the governmental authority or jurisdiction of a Native village council. If at least $41,472,000 is appropriated for all entitlements under AS 29.60.010 - 29.60.310 for a fiscal year, the entitlement for each unincorporated community under this subsection for that year equals $40,000. Otherwise, the entitlement equals $25,000.

(b) In this section "unincorporated community" means a place in the unorganized borough that is not incorporated as a city and in which 25 or more persons reside as a social unit.

History - (Sec. 16 ch 74 SLA 1985; am Sec. 2 ch 122 SLA 1990)