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2 | 2 | | HB0222a -1- HB 222 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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5 | 5 | | 33-LS0819\B |
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11 | 11 | | HOUSE BILL NO. 222 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-THIRD LEGISLATURE - SECOND SESSION |
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16 | 16 | | |
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17 | 17 | | BY REPRESENTATIVE SUMNER |
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18 | 18 | | |
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19 | 19 | | Introduced: 1/8/24 |
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20 | 20 | | Referred: Prefiled |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to the Alaska permanent fund and the income and investments of the 1 |
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28 | 28 | | fund; relating to the permanent fund dividend; and providing for an effective date." 2 |
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29 | 29 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
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30 | 30 | | * Section 1. AS 37.13.120 is amended by adding a new subsection to read: 4 |
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31 | 31 | | (f) Notwithstanding (a) and (c) of this section, the board shall invest the fund 5 |
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32 | 32 | | assets to achieve a 25 percent ownership share of a natural gas pipeline originating on 6 |
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33 | 33 | | the North Slope. In this subsection, "natural gas pipeline" has the meaning given in 7 |
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34 | 34 | | AS 31.25.390. 8 |
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35 | 35 | | * Sec. 2. AS 37.13.145(b) is amended to read: 9 |
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36 | 36 | | (b) Each [AT THE END OF EACH] fiscal year, the legislature may |
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37 | 37 | | 10 |
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38 | 38 | | appropriate [CORPORATION SHALL TRANSFER] from the earnings reserve 11 |
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39 | 39 | | account to the dividend fund established under AS 43.23.045, the amount necessary 12 |
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40 | 40 | | to distribute a dividend of up to $1,000 to each eligible individual [50 PERCENT 13 |
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41 | 41 | | OF THE INCOME AVAILABLE FOR DISTRIBUTION UNDER AS 37.13.140]. 14 33-LS0819\B |
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42 | 42 | | HB 222 -2- HB0222a |
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43 | 43 | | New Text Underlined [DELETED TEXT BRACKETED] |
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44 | 44 | | |
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45 | 45 | | * Sec. 3. AS 37.13.145(b), as amended by sec. 2 of this Act, is amended to read: 1 |
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46 | 46 | | (b) Each fiscal year, the legislature may appropriate from the earnings reserve 2 |
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47 | 47 | | account to the dividend fund established under AS 43.23.045, 50 percent of the 3 |
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48 | 48 | | income available for distribution under AS 37.13.140 [THE AMOUNT 4 |
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49 | 49 | | NECESSARY TO DISTRIBUTE A DIVIDEND OF UP TO $1,000 TO EACH 5 |
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50 | 50 | | ELIGIBLE INDIVIDUAL]. 6 |
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51 | 51 | | * Sec. 4. AS 37.13.145(c) is amended to read: 7 |
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52 | 52 | | (c) After the appropriation [TRANSFER] under (b) and an appropriation 8 |
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53 | 53 | | under (e) of this section, the legislature may appropriate [CORPORATION SHALL 9 |
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54 | 54 | | TRANSFER] from the earnings reserve account to the principal of the fund an amount 10 |
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55 | 55 | | sufficient to offset the effect of inflation on the principal of the fund during that fiscal 11 |
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56 | 56 | | year. However, none of the amount appropriated [TRANSFERRED] shall be applied 12 |
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57 | 57 | | to increase the value of that portion of the principal attributed to the settlement of State 13 |
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58 | 58 | | v. Amerada Hess, et al., 1JU-77-847 Civ. (Superior Court, First Judicial District) on 14 |
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59 | 59 | | July 1, 2004. The corporation shall calculate the amount to appropriate 15 |
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60 | 60 | | [TRANSFER] to the principal under this subsection by 16 |
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61 | 61 | | (1) computing the average of the monthly United States Consumer 17 |
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62 | 62 | | Price Index for all urban consumers for each of the two previous calendar years; 18 |
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63 | 63 | | (2) computing the percentage change between the first and second 19 |
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64 | 64 | | calendar year average; and 20 |
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65 | 65 | | (3) applying that rate to the value of the principal of the fund on the 21 |
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66 | 66 | | last day of the fiscal year just ended, including that portion of the principal attributed 22 |
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67 | 67 | | to the settlement of State v. Amerada Hess, et al., 1JU-77-847 Civ. (Superior Court, 23 |
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68 | 68 | | First Judicial District). 24 |
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69 | 69 | | * Sec. 5. AS 37.13.145(d) is amended to read: 25 |
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70 | 70 | | (d) Notwithstanding (b) of this section, income earned on money awarded in 26 |
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71 | 71 | | or received as a result of State v. Amerada Hess, et al., 1JU-77-847 Civ. (Superior 27 |
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72 | 72 | | Court, First Judicial District), including settlement, summary judgment, or adjustment 28 |
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73 | 73 | | to a royalty-in-kind contract that is tied to the outcome of this case, or interest earned 29 |
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74 | 74 | | on the money, or on the earnings of the money shall be treated in the same manner as 30 |
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75 | 75 | | other income of the Alaska permanent fund, except that it is not available for 31 33-LS0819\B |
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76 | 76 | | HB0222a -3- HB 222 |
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77 | 77 | | New Text Underlined [DELETED TEXT BRACKETED] |
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78 | 78 | | |
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79 | 79 | | appropriation [DISTRIBUTION] to the dividend fund under (b) of this section, for 1 |
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80 | 80 | | an appropriation [TRANSFERS] to the principal under (c) of this section, or for an 2 |
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81 | 81 | | appropriation under (e) of this section, and shall be annually deposited into the Alaska 3 |
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82 | 82 | | capital income fund (AS 37.05.565). 4 |
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83 | 83 | | * Sec. 6. AS 37.13.300(b) is amended to read: 5 |
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84 | 84 | | (b) The corporation shall 6 |
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85 | 85 | | (1) hold and invest the mental health trust fund subject to 7 |
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86 | 86 | | AS 37.13.120, except that it may not be used for an investment described in 8 |
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87 | 87 | | AS 37.13.120(f); 9 |
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88 | 88 | | (2) at least quarterly, prepare, publish, and distribute to the Board of 10 |
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89 | 89 | | Trustees of the Alaska Mental Health Trust Authority a financial report showing 11 |
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90 | 90 | | investment revenue and expenditures, including the allocation of the cash assets of the 12 |
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91 | 91 | | mental health trust fund among investments; 13 |
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92 | 92 | | (3) annually prepare, publish, and distribute to the Board of Trustees of 14 |
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93 | 93 | | the Alaska Mental Health Trust Authority financial statements prepared in accordance 15 |
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94 | 94 | | with generally accepted accounting principles consistently applied, and an audit report 16 |
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95 | 95 | | prepared by a certified public accountant; 17 |
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96 | 96 | | (4) periodically advise the Board of Trustees of the Alaska Mental 18 |
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97 | 97 | | Health Trust Authority when revisions to long-range investment policy, including 19 |
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98 | 98 | | asset allocation changes, are contemplated, and provide an opportunity for 20 |
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99 | 99 | | consultation and comment on the changes before they are implemented; and 21 |
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100 | 100 | | (5) transfer to the mental health trust settlement income account the net 22 |
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101 | 101 | | income available for distribution attributable to the mental health trust fund at the end 23 |
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102 | 102 | | of each fiscal year. 24 |
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103 | 103 | | * Sec. 7. AS 37.13.300(c) is amended to read: 25 |
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104 | 104 | | (c) Net income from the mental health trust fund may not be included in the 26 |
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105 | 105 | | computation of the amount [NET INCOME OR MARKET VALUE] available for 27 |
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106 | 106 | | [DISTRIBUTION OR] appropriation under AS 37.13.140(b) [AS 37.13.140]. 28 |
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107 | 107 | | * Sec. 8. AS 43.23.025(a) is amended to read: 29 |
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108 | 108 | | (a) By October 1 of each year, the commissioner shall determine the value of 30 |
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109 | 109 | | each permanent fund dividend for that year by 31 33-LS0819\B |
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110 | 110 | | HB 222 -4- HB0222a |
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111 | 111 | | New Text Underlined [DELETED TEXT BRACKETED] |
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112 | 112 | | |
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113 | 113 | | (1) determining the total amount available for dividend payments, 1 |
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114 | 114 | | which equals 2 |
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115 | 115 | | (A) the amount appropriated [OF INCOME OF THE 3 |
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116 | 116 | | ALASKA PERMANENT FUND TRANSFERRED] to the dividend fund 4 |
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117 | 117 | | under AS 37.13.145(b) during the current year; 5 |
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118 | 118 | | (B) plus the unexpended and unobligated balances of prior 6 |
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119 | 119 | | fiscal year appropriations that lapse into the dividend fund under 7 |
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120 | 120 | | AS 43.23.045(d); 8 |
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121 | 121 | | (C) less the amount necessary to pay prior year dividends from 9 |
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122 | 122 | | the dividend fund in the current year under AS 43.23.005(h), 43.23.021, and 10 |
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123 | 123 | | 43.23.055(3) and (7); 11 |
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124 | 124 | | (D) less the amount necessary to pay dividends from the 12 |
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125 | 125 | | dividend fund due to eligible applicants who, as determined by the department, 13 |
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126 | 126 | | filed for a previous year's dividend by the filing deadline but who were not 14 |
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127 | 127 | | included in a previous year's dividend computation; 15 |
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128 | 128 | | (E) less appropriations from the dividend fund during the 16 |
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129 | 129 | | current year, including amounts to pay costs of administering the dividend 17 |
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130 | 130 | | program and the hold harmless provisions of AS 43.23.240; 18 |
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131 | 131 | | (2) determining the number of individuals eligible to receive a 19 |
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132 | 132 | | dividend payment for the current year and the number of estates and successors 20 |
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133 | 133 | | eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 21 |
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134 | 134 | | (3) dividing the amount determined under (1) of this subsection by the 22 |
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135 | 135 | | amount determined under (2) of this subsection. 23 |
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136 | 136 | | * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 24 |
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137 | 137 | | read: 25 |
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138 | 138 | | CONDITIONAL EFFECT. (a) Sections 2 and 4 - 8 of the Act take effect only if, 26 |
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139 | 139 | | before January 1, 2034, construction on a natural gas pipeline originating on the North Slope 27 |
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140 | 140 | | has begun. 28 |
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141 | 141 | | (b) Section 3 of this Act takes effect only if, 29 |
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142 | 142 | | (1) before January 1, 2034, a natural gas pipeline originating on the North 30 |
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143 | 143 | | Slope is completed; and 31 33-LS0819\B |
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144 | 144 | | HB0222a -5- HB 222 |
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145 | 145 | | New Text Underlined [DELETED TEXT BRACKETED] |
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146 | 146 | | |
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147 | 147 | | (2) the pipeline described in (1) of this subsection has at least 25 percent of its 1 |
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148 | 148 | | ownership share held by Alaska permanent fund assets. 2 |
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149 | 149 | | (c) On December 1 of each year, beginning in 2024 and ending in 2034, the 3 |
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150 | 150 | | commissioner of natural resources shall notify the revisor of statutes whether 4 |
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151 | 151 | | (1) construction on a natural gas pipeline originating on the North Slope has 5 |
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152 | 152 | | begun; 6 |
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153 | 153 | | (2) a natural gas pipeline originating on the North Slope is completed. 7 |
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154 | 154 | | (d) In this section, "natural gas pipeline" has the meaning given in AS 31.25.390. 8 |
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155 | 155 | | * Sec. 10. If secs. 2 and 4 - 8 of this Act take effect, they take effect July 1 of the calendar 9 |
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156 | 156 | | year after the commissioner of natural resources determines that construction of a natural gas 10 |
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157 | 157 | | pipeline originating on the North Slope, as defined in sec. 9(d) of this Act, has begun. 11 |
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158 | 158 | | * Sec. 11. If sec. 3 of this Act takes effect, it takes effect July 1 of the calendar year after the 12 |
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159 | 159 | | commissioner of natural resources determines that a natural gas pipeline originating on the 13 |
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160 | 160 | | North Slope, as defined in sec. 9(d) of this Act, is completed. 14 |
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161 | 161 | | * Sec. 12. Except as provided in secs. 10 and 11 of this Act, this Act takes effect July 1, 15 |
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162 | 162 | | 2024. 16 |
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