Enrolled HB 494: Relating to the methods of disbursement of money by the state, including employment compensation, unemployment payments, and permanent fund dividends, and to bank investments and deposits by the state; and providing for an effective date.
00Enrolled HB 494 01 Relating to the methods of disbursement of money by the state, including employment 02 compensation, unemployment payments, and permanent fund dividends, and to bank 03 investments and deposits by the state; and providing for an effective date. 04 _______________ 05 * Section 1. AS 03.20.030(a) is amended to read: 06 (a) Each agricultural and industrial fair association desiring to apply for an 07 operation and maintenance grant shall apply to the commissioner before August 1 of 08 the year preceding the fiscal year for which the grant is sought. It shall submit with 09 the application a planned program of operation and maintenance of the proposed fair, 10 the rules and regulations governing the fair, and a certificate signed by the president 11 and secretary of the association [,] certifying that the association will spend for the 12 proposed fair [,] a sum of money from their own funds equal in amount to the benefits 13 requested under this chapter. When satisfied that the association is entitled to receive 14 state aid under the provisions of this chapter, the commissioner shall make a
01 disbursement to [HAVE A WARRANT DRAWN IN FAVOR OF] the association [,] 02 in the sum to which it is entitled. The commissioner shall pay annually the sum to be 03 paid under the provisions of this chapter. 04 * Sec. 2. AS 03.20.035(a) is amended to read: 05 (a) Each agricultural and industrial fair association desiring to apply for a 06 capital improvement grant shall apply to the commissioner before August 1 of the year 07 preceding the fiscal year for which the grant is sought. It shall submit with the 08 application a proposed long-term capital improvement plan of the fair covering five 09 years from the time the application is submitted, which shall be certified by the 10 president and secretary of the association as having been reviewed and approved by 11 the governing body of the association. When satisfied that the association is entitled 12 to receive state aid under the provisions of this section, the commissioner shall make a 13 disbursement to [HAVE A WARRANT DRAWN IN FAVOR OF] the association [,] 14 in the sum to which it is entitled. 15 * Sec. 3. AS 08.48.061(c) is amended to read: 16 (c) The board may make expenditures from appropriated funds for any 17 purpose that is reasonably necessary for the proper performance of its duties under this 18 chapter. This may include the expenses of the board delegates to meetings of councils 19 of architect examiners, engineering examiners, land surveyor examiners, or landscape 20 architect examiners, or any of their subdivisions. The total amount of disbursements 21 [WARRANTS] issued in payment of the expenses incurred under this chapter may not 22 exceed the amount of money appropriated by the legislature. 23 * Sec. 4. AS 14.40.841 is amended to read: 24 Sec. 14.40.841. Alaska Aerospace Development Corporation 25 [REVOLVING] fund. The Alaska Aerospace Development Corporation 26 [REVOLVING] fund is established in the corporation. The [REVOLVING] fund 27 consists of appropriations made to the [REVOLVING] fund by the legislature, and 28 rents, fees, or other money or assets transferred to the [REVOLVING] fund by the 29 corporation. Amounts deposited in the [REVOLVING] fund may be pledged to the 30 payment of bonds of the corporation or expended for the purposes of the corporation 31 under AS 14.40.821 - 14.40.990.
01 * Sec. 5. AS 14.40.841 is amended by adding a new subsection to read: 02 (b) The corporation shall have custody of the fund and shall be responsible for 03 its management. The corporation is the fiduciary of the fund under AS 37.10.071 and 04 may invest amounts in the fund in accordance with an investment policy adopted by 05 the corporation. Notwithstanding AS 37.10.010 - 37.10.050, the corporation may 06 make disbursements from the fund in accordance with AS 37.25.050. 07 Notwithstanding AS 37.05.130 and 37.05.140, the corporation shall report 08 disbursements from the fund annually in accordance with AS 14.40.866(b)(1). An 09 appropriation made to the fund by the legislature shall be transferred from the state 10 treasury to the corporation for deposit in the fund. 11 * Sec. 6. AS 22.05.140(b) is amended to read: 12 (b) A salary disbursement [WARRANT] may not be issued to a justice of the 13 supreme court until the justice has filed with the state officer designated to issue salary 14 disbursements [WARRANTS] an affidavit that no matter referred to the justice for 15 opinion or decision has been uncompleted or undecided by the justice for a period of 16 more than six months. 17 * Sec. 7. AS 22.07.090(b) is amended to read: 18 (b) A salary disbursement [WARRANT] may not be issued to a judge of the 19 court of appeals until the judge has filed with the state officer designated to issue 20 salary disbursements [WARRANTS] an affidavit that no matter referred to the judge 21 for opinion or decision has been uncompleted or undecided by the judge for a period 22 of more than six months. 23 * Sec. 8. AS 22.10.190(b) is amended to read: 24 (b) A salary disbursement [WARRANT] may not be issued to a superior 25 court judge until the judge has filed with the state officer designated to issue salary 26 disbursements [WARRANTS] an affidavit that no matter referred to the judge for 27 opinion or decision has been uncompleted or undecided by the judge for a period of 28 more than six months. 29 * Sec. 9. AS 22.15.220(c) is amended to read: 30 (c) A salary disbursement [WARRANT] may not be issued to a district judge 31 or magistrate until the judge or magistrate has filed with the state officer designated to
01 issue salary disbursements [WARRANTS,] an affidavit that no matter referred to the 02 judge or magistrate for opinion or decision has been uncompleted or undecided by the 03 judge or magistrate for a period of more than six months. 04 * Sec. 10. AS 23.10.040(a) is amended to read: 05 (a) Except as otherwise provided by AS 37.25.050, an [AN] employer of 06 labor performing services in this state shall pay the wages or other compensation for 07 the services with lawful money of the United States or with negotiable checks, drafts, 08 or orders payable upon presentation without discount by a bank or depository inside 09 the state. 10 * Sec. 11. AS 23.20.135(a) is amended to read: 11 (a) The commissioner of revenue is ex officio the treasurer and custodian of 12 the fund and shall administer it as directed by the department. Disbursements 13 [CHECKS OR WARRANTS] shall be issued from [ON] the fund in accordance with 14 AS 37.25.050 and the regulations that the department adopts. The fund has three 15 separate accounts: 16 (1) a clearing account; [,] 17 (2) an unemployment trust fund account; [,] and 18 (3) a benefit account. 19 * Sec. 12. AS 23.20.145(b) is amended to read: 20 (b) The department shall from time to time requisition from the 21 unemployment trust fund amounts not exceeding the amounts standing to the state's 22 account in the fund that [WHICH] it considers necessary for the payment of benefits 23 for a reasonable future period. Upon receipt of an amount the department shall deposit 24 the money to the benefit account. A [CHECK OR WARRANT FOR THE] payment 25 [OF BENEFITS] may be made [ISSUED] solely from the benefit account. 26 * Sec. 13. AS 23.20.145(c) is amended to read: 27 (c) If money in the clearing account is not sufficient to provide for refunds of 28 contributions erroneously collected and payable under AS 23.20.225 and 29 23.20.526(a)(11), the department shall withdraw from the unemployment trust fund 30 the amounts not exceeding the amount standing to this state's account in the fund that 31 [WHICH] are necessary for the payment of the refunds, but no amounts may be
01 withdrawn from the unemployment trust fund for the refund of interest and penalty 02 payments. Upon receipt, the department, or the designee of the department, shall 03 deposit this money to the clearing account. A [CHECK OR WARRANT FOR THE] 04 payment of a refund shall be made [ISSUED] from the clearing account. 05 * Sec. 14. AS 23.20.145(d) is amended to read: 06 (d) Expenditures of the money in the benefit account and refunds from the 07 clearing account are not subject to provisions of law requiring specific appropriations 08 or other formal release by state officers of money in their custody. [ALL CHECKS 09 OR WARRANTS ISSUED BY THE STATE FOR THE PAYMENT OF BENEFITS 10 AND REFUNDS SHALL BEAR THE SIGNATURE OF THE COMMISSIONER OF 11 ADMINISTRATION AND COUNTERSIGNATURE OF THE AUTHORIZED 12 AGENT OF THE DEPARTMENT FOR THAT PURPOSE.] 13 * Sec. 15. AS 26.15.040(d) is amended to read: 14 (d) Money loaned shall be disbursed [DELIVERED] to the borrower from 15 [IN THE FORM OF A WARRANT DRAWN ON] the treasury, vouchered in the 16 manner prescribed for state disbursing officers, and charged against the Alaska World 17 War II veterans' revolving fund. Each voucher shall be approved by the commissioner 18 of community and economic development or any bonded deputy authorized to act as a 19 certifying officer. Upon repayment of loans by installments, or otherwise, in 20 accordance with the prescribed terms, or upon liquidation by foreclosure or other 21 process, or upon receipt of interest, the money so received shall be turned over to the 22 commissioner of revenue for deposit in the Alaska World War II veterans' revolving 23 fund. 24 * Sec. 16. AS 34.45.720(c) is amended to read: 25 (c) AS 34.45.110 - 34.45.780 do not apply to a disbursement [WARRANT] 26 for the payment of a permanent fund dividend. 27 * Sec. 17. AS 37.10.075(d) is amended to read: 28 (d) The Department of Revenue may deposit funds in banks inside or outside 29 the state without requiring those banks in which the funds are deposited to pay interest 30 on the deposits. It is the intention of the legislature that the department may 31 compensate the banks for handling [CLEARING] state disbursements
01 [WARRANTS] in a manner determined by the commissioner of revenue to be in the 02 best interests of the state. 03 * Sec. 18. AS 37.10.078 is amended to read: 04 Sec. 37.10.078. Prohibited deposits and investments in certain banks. The 05 commissioner of revenue may not make investments or deposits with a bank doing 06 business in Alaska that has a general practice of 07 (1) charging a fee for handling disbursements [CASHING CHECKS 08 OR WARRANTS] issued by the state; or 09 (2) refusing to handle disbursements [CASH CHECKS OR 10 WARRANTS] issued by the state. 11 * Sec. 19. AS 37.10.100(b) is amended to read: 12 (b) If [HOWEVER IF] the sum recovered as described in (a) of this section 13 belongs to a city, school district, or municipal government, the sum shall be 14 transferred to it, less sums advanced by the state in the suit [,] and not already repaid 15 to it. The Department of Administration may disburse [PAY] to the city, school 16 district, or municipal corporation the sums belonging to it [, UPON WARRANTS 17 DRAWN AS PROVIDED BY LAW]. The disbursements [WARRANTS] must be 18 based upon vouchers approved by the attorney general. 19 * Sec. 20. AS 37.25 is amended by adding a new section to read: 20 Sec. 37.25.050. Methods of disbursement. (a) Except as provided in (b) of 21 this section, unless federal law requires otherwise, a state agency may not disburse 22 money unless the disbursement is made 23 (1) by an electronic funds transfer to an account in a financial 24 institution; or 25 (2) from an account established by the state agency by contract with a 26 financial institution under which a person uses an electronic payment card issued by 27 the financial institution to access the money. 28 (b) A state agency is not required to use the disbursement methods described 29 in (a) of the section if 30 (1) another state law or federal law requires that disbursement be made 31 by another disbursement method;
01 (2) use of the disbursement methods would cause substantial hardship 02 to the recipient of the disbursement; 03 (3) not more than five disbursements will be made to a recipient, or, on 04 average, to each recipient entitled to disbursement under the program for which the 05 disbursements are made; 06 (4) a vendor or grantee elects not to be paid by the disbursement 07 methods; 08 (5) the disbursement is to a state employee and 09 (A) is the only disbursement that the state agency will make to 10 the employee for the employment; or 11 (B) it is in the best interests of the state agency or the employee 12 to use another disbursement method to pay the employee; or 13 (6) use of another disbursement method is in the best interests of the 14 state agency. 15 (c) The commissioner of administration shall adopt regulations to implement 16 (b) of this section. 17 (d) A state agency is not liable to pay a fee imposed by a recipient's financial 18 institution for a disbursement made under (a) of this section. 19 (e) In this section, 20 (1) "disbursement" includes wages and other employment benefits; 21 (2) "state agency" means a department, institution, board, commission, 22 division, authority, public corporation, committee, or other administrative unit of the 23 executive branch of state government, including the University of Alaska. 24 * Sec. 21. AS 43.20.030(e) is amended to read: 25 (e) The department may credit or refund overpayments of taxes, taxes 26 erroneously or illegally assessed or collected, penalties collected without authority, 27 and taxes that are found unjustly assessed or excessive in amount, or otherwise 28 wrongfully collected. The department shall set limitations, specify the manner in 29 which claims for credits or refunds are made, and give notice of allowance or 30 disallowance. When a refund is allowed to a taxpayer, it shall be paid out of the 31 general fund by a disbursement [ON A WARRANT] issued under a voucher
01 approved by the department. 02 * Sec. 22. AS 43.23.028(a) is amended to read: 03 (a) By October 1 of each year, the commissioner shall give public notice of 04 the value of each permanent fund dividend for that year and notice of the information 05 required to be disclosed under (3) of this subsection. In addition, the stub attached to 06 each individual dividend disbursement [CHECK AND DIRECT DEPOSIT] advice 07 must 08 (1) disclose the amount of each dividend attributable to income earned 09 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 10 Constitution of the State of Alaska; 11 (2) disclose the amount of each dividend attributable to income earned 12 by the permanent fund from appropriations to that fund and from amounts added to 13 that fund to offset the effects of inflation; 14 (3) disclose the amount by which each dividend has been reduced due 15 to each appropriation from the dividend fund, including amounts to pay the costs of 16 administering the dividend program and the hold harmless provisions of 17 AS 43.23.075; 18 (4) include a statement that an individual is not eligible for a dividend 19 when 20 (A) during the qualifying year, the individual was convicted of 21 a felony; 22 (B) during all or part of the qualifying year, the individual was 23 incarcerated as a result of the conviction of a 24 (i) felony; or 25 (ii) misdemeanor if the individual has been convicted of 26 a prior felony or two or more prior misdemeanors; 27 (5) include a statement that the legislative purpose for making 28 individuals listed under (4) of this subsection ineligible is to 29 (A) obtain reimbursement for some of the costs imposed on the 30 state criminal justice system related to incarceration or probation of those 31 individuals;
01 (B) provide funds for services for and payments to crime 02 victims and for grants for the operation of domestic violence and sexual assault 03 programs; 04 (6) disclose the total amount that would have been paid during the 05 previous fiscal year to individuals who were ineligible to receive dividends under 06 AS 43.23.005(d) if they had been eligible; 07 (7) disclose the total amount appropriated for the current fiscal year 08 under (b) of this section for each of the funds and agencies listed in (b) of this section. 09 * Sec. 23. AS 43.23.055(8) is amended to read: 10 (8) adopt regulations that establish procedures for an individual to 11 apply to have a dividend disbursement under AS 37.25.050(a)(2) [WARRANT] 12 reissued if it is [RETURNED TO THE DEPARTMENT AS UNDELIVERABLE OR 13 IT IS] not collected [PAID] within two years after [OF] the date of its issuance; 14 however, the department may not establish a time limit within which an application to 15 have a disbursement [WARRANT] reissued must be filed; 16 * Sec. 24. AS 43.40.070 is amended to read: 17 Sec. 43.40.070. Refund disbursements [WARRANTS]. Upon approval of a 18 refund claim by the department, a disbursement [WARRANT] shall be made from 19 [DRAWN ON] the highway fuel tax account in the general fund in favor of the 20 applicant in the amount of the claim. 21 * Sec. 25. AS 44.21.040(a) is amended to read: 22 (a) The Department of Administration shall keep books of account in 23 permanent form of the claims presented and of the disbursements made 24 [WARRANTS DRAWN]. These records must show 25 (1) the name of the claimant; [,] 26 (2) the amount of the claim; [,] 27 (3) the date of its presentation; [,] 28 (4) the date of its allowance or disallowance; [,] 29 (5) the date and number of each disbursement made; [WARRANT 30 DRAWN,] 31 (6) the name of the payee; [,] and
01 (7) the appropriation from [AGAINST] which the disbursement 02 [WARRANT] is made [DRAWN]. 03 * Sec. 26. AS 44.77.040(b) is amended to read: 04 (b) The department, after the hearing, may affirm, reverse, or modify its 05 original decision. Upon acceptance by the claimant of the decision of the department 06 or if the claimant does not obtain judicial review as set out in (c) of this section, the 07 department shall make [ISSUE] a disbursement from [WARRANT AGAINST] the 08 proper appropriation for the sum the department finds due the claimant. 09 * Sec. 27. AS 45.95.020(d) is amended to read: 10 (d) Money loaned shall be delivered to the borrower as provided in 11 AS 37.25.050 [THE FORM OF A WARRANT DRAWN ON THE TREASURY], 12 vouchered in the manner prescribed for state disbursing officers, and charged against 13 the small business revolving loan fund. Each voucher shall be approved by the 14 commissioner or a bonded deputy authorized to act as a certifying officer. Upon 15 repayment of loans by installments, or otherwise, in accordance with the prescribed 16 terms, or upon liquidation by foreclosure or other process, or upon receipt of interest, 17 the money so received shall be turned over to the commissioner of revenue for deposit 18 in the small business revolving loan fund. 19 * Sec. 28. AS 47.25.265 is amended to read: 20 Sec. 47.25.265. Cancellation of disbursements [WARRANTS]. (a) 21 Disbursements [WARRANTS] issued to a general relief assistance recipient after the 22 date of death of the recipient shall be [RETURNED TO THE DEPARTMENT OF 23 ADMINISTRATION AND] canceled. 24 (b) General relief assistance disbursements made [WARRANTS ISSUED] 25 before the death of the recipient but not collected by the recipient before 26 [NEGOTIATED AT] death shall be [RETURNED TO THE DEPARTMENT OF 27 ADMINISTRATION, AND SHALL BE] canceled, unless claimed by the authorized 28 representative of the estate of the recipient within 90 days after [OF] the date of death. 29 (c) The state is not liable to the estate, heirs, or creditors of the deceased 30 general relief assistance recipient for payment on disbursements [WARRANTS] 31 canceled under (a) and (b) of this section.
01 * Sec. 29. AS 47.25.460(d) is amended to read: 02 (d) Each award shall be paid on a monthly basis. In case it is impracticable by 03 reason of slow or interrupted means of communication for a disbursement 04 [WARRANT] covering a month's assistance to reach the recipient in due course, the 05 department may transmit disbursements [WARRANTS] covering assistance for 06 future months and may deliver all of them to the recipient at one time. 07 * Sec. 30. AS 47.25.515 is amended to read: 08 Sec. 47.25.515. Cancellation of disbursements [WARRANTS]. (a) 09 Disbursements [WARRANTS] issued to a recipient of assistance under AS 47.25.430 10 - 47.25.615 after the date of death of the recipient shall be [RETURNED TO THE 11 DEPARTMENT OF ADMINISTRATION AND] canceled. 12 (b) Assistance disbursements [WARRANTS] issued before the death of the 13 recipient but not collected before [NEGOTIATED AT] death shall be [RETURNED 14 TO THE DEPARTMENT OF ADMINISTRATION, AND SHALL BE] canceled, 15 unless claimed by the authorized representative of the estate of the recipient within 90 16 days after [OF] the date of death. 17 (c) The state is not liable to the estate, heirs, or creditors of the deceased 18 assistance recipient for payment on disbursements [WARRANTS] canceled under (a) 19 or (b) of this section. 20 * Sec. 31. Sections 4 and 5 of this Act take effect July 1, 2004. 21 * Sec. 32. Except as provided by sec. 31 of this Act, this Act takes effect January 1, 2006.