SB 8 — An Act allowing federally recognized tribal governments to receive contributions from permanent fund dividends.

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"An Act allowing federally recognized tribal governments to receive contributions from permanent fund dividends." CS FOR SENATE BILL NO.

88(STA) 01 "An Act allowing federally recognized tribal governments to receive contributions from 02 permanent fund dividends." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

05 (a) Notwithstanding AS 43.23.069, the Department of Revenue shall prepare 06 the electronic Alaska permanent fund dividend application to allow an applicant who 07 files electronically to direct that money be subtracted from the dividend payment and 08 contributed to the peace officer and firefighter survivors' fund or to one or more of the 09 educational organizations, community foundations, 09 [OR] charitable organizations, or 10 federally recognized tribal governments that 10 appear on the contribution list 11 contained in the application.

A contribution to anthe 11peace officer and firefighter 12 survivors' fund or to an organization may be $25, $50, $75, $100, or more, in 13 increments of $50, up to the 12 total amount of the permanent fund dividend that the 14 applicant is entitled to receive.

If 13 the total amount of contributions elected by an applicant exceeds the amount of the 14 permanent fund dividend that the applicant is 02 entitled to receive, contributions shall be deducted from the dividend in the order of 03 priority elected by the applicant on the 02 application until the entire amount of the 04 dividend that the applicant is entitled to 03 receive is allocated for contribution.

The 05 electronic dividend application form must 04 include notice that seven percent of the 06 money contributed will be used for 05 administrative costs incurred in implementing this 07 section, and money from the 06 dividend fund will not be used for that purpose.

0708 * Sec.

0809 (b) The department shall list each federally recognized tribal government 0910 eligible under (c) of this section, educational organization, community foundation, or 1011 charitable organization eligible under (c) and (d) of this sectionsection, and each university 1112 campus that applies under (l) of this sectionsection, and the peace officer and firefighter 13 survivors' fund on the contribution list.

The department 12 shall maintain an electronic 14 database for the contribution list that is accessible to the 13 public and that permits 15 searches by organization or fund name, geographic location, and type.

14 The department 16 shall provide a statement of the contributions made by an individual 15 that is suitable for 17 federal income tax purposes to each individual who elects to 16 contribute under (a) of 18 this section.

1719 * Sec.

1820 (c) The department may not include a charitable organization or federally 1921 recognized tribal government, other than a community foundation, on the 2022 contribution list for a dividend year unless the purpose of the charitable organization 2123 or federally recognized tribal government is to provide services for youth 2224 development, workforce development, arts and culture, aid and services to the elderly, 2325 low-income individuals, individuals in emergency situations, victims of crime, 2426 disabled individuals, individuals with mental illness, primary, vocational, and higher 2527 education, health and dental care, recreational facilities, child abuse and neglect, 2628 economic development, food assistance, libraries, public broadcasting, recycling of 2729 waste, animal rescue, and zoos.

The department may not include on the contribution 2830 list an educational organization, community foundation, [OR] charitable organization, 2931 or federally recognized tribal government that is the affiliate of a group.

For 30 purposes of this subsection, 3102 (1) "affiliate" means an organization or foundation that directly or 03 indirectly through one or more intermediaries controls, is controlled by, or is under 0204 common control with, a group;

0305 (2) "group" has the meaning given in AS 15.13.400(8)(B).

0406 * Sec.

0507 (d) Except for each campus of the University of Alaska and each federally 0608 recognized tribal government, the department may include an educational 0709 organization, community foundation, or charitable organization on the contribution list 0810 for a current dividend year only if the organization 0911 (1) before March 31 of the qualifying year, files an application for 1012 inclusion on the list for that dividend year on the form required by the department;

1113 (2) is exempt from taxation under 26 U.S.C.

501(c)(3) (Internal 1214 Revenue Code) as an educational or a charitable organization on the date of 1315 application;

1416 (3) was qualified for tax exempt status under 26 U.S.C.

501(c)(3) 1517 (Internal Revenue Code) as an educational or a charitable organization during the two 1618 calendar years that immediately precede the year the application is filed;

1719 (4) unless exempted under federal law, has a current Internal Revenue 1820 Service Form 990 on file with the United States Department of the Treasury, Internal 1921 Revenue Service, or, if the Internal Revenue Service has granted a filing extension for 2022 the current year, has on file that form for the immediately preceding year;

2123 (5) is directed by a voluntary board of directors or local advisory 2224 board, a majority of whose members are residents of the state;

2325 (6) if a community foundation, provided in the state aid during the two 2426 calendar years that immediately precede the year the application is filed, or, if an 2527 education organization or charitable organization, provided in the state services during 2628 the two calendar years that immediately precede the year the application is filed;

2729 (7) receives at least $100,000 or five percent of its total annual 2830 receipts, whichever is less, from contributions;

2931 (8) has completed and provided to the department a financial audit 30 with an unqualified opinion conducted by an independent certified public accountant 3102 for the fiscal year to which the Internal Revenue Service Form 990 required under (4) 03 of this subsection applies;

this paragraph applies only to an organization that is 0204 required by the federal government to complete a financial audit by an independent 0305 certified public accountant;

and 0406 (9) does not make grants or contributions to an organization that is 0507 exempt from taxation under 26 U.S.C.

0608 * Sec.

0709 (f) The department shall charge an application fee of $250 for each 0810 educational organization, community foundation, [OR] charitable organization, or 0911 federally recognized tribal government that files an application under (d) of this 1012 section or for each university campus that files an application under (l) of this section.

1113 The application fees shall be separately accounted for under AS 37.05.142.

The annual 1214 estimated balance in the account maintained under AS 37.05.142 for application fees 1315 collected under this subsection may be appropriated for costs of administering this 1416 section.

1517 * Sec.

1618 (m) In addition to the application fee in (f) of this section, the department shall 1719 withhold a coordination fee from each organization, foundation, [OR] university 1820 campus, or federally recognized tribal government that receives contributions under 1921 this section in the immediately preceding dividend year.

The coordination fee for an 2022 organization, foundation, [OR] university campus, or federally recognized tribal 2123 government that receives contributions under this section shall be seven percent of 2224 the amount of contributions reported by the department under (j) of this section for the 2325 organization, foundation, [OR] university campus, or federally recognized tribal 2426 government for the immediately preceding dividend year.

The coordination fee shall 2527 be separately accounted for under AS 37.05.142 and shall be accounted for separately 2628 from the application fee collected under (f) of this section.

The annual estimated 2729 balance in the account maintained under AS 37.05.142 for coordination fees collected 2830 under this subsection may be appropriated for costs of administering this section.

The 31 department may not withhold a coordination fee for contributions to the peace officer and firefighter survivors' fund.

02 * Sec.