HB 481: "An Act relating to audits of recipients of grants and of certain other financial assistance from state agencies."
00HOUSE BILL NO. 481 01 "An Act relating to audits of recipients of grants and of certain other financial 02 assistance from state agencies." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.05.318 is amended to read: 05 Sec. 37.05.318. FURTHER REGULATIONS PROHIBITED. Notwithstanding 06 AS 44.62 ( [THE] Administrative Procedure Act) [(AS 44.62)], AS 37.05 ( [THE] 07 Fiscal Procedures Act) [(AS 37.05)], and AS 37.07 ( [THE] Executive Budget Act) 08 [(AS 37.07)], a state agency may not adopt regulations or impose additional 09 requirements or procedures to implement, interpret, make specific, or otherwise carry 10 out the provisions of AS 37.05.315 - 37.05.317 unless required by the federal 11 government for participation in federal programs or except as provided in 12 AS 37.05.810. 13 * Sec. 2. AS 37.05 is amended by adding a new section to read: 14 Sec. 37.05.810. AUDIT REQUIREMENT. (a) A person who receives a grant
01 or other financial assistance from a state agency shall submit to the office of 02 management and budget in the Office of the Governor 03 (1) a single audit of the person's operations for a fiscal year if the 04 amount of the financial assistance received by the person from state agencies during 05 the fiscal year is more than $150,000; 06 (2) a financial audit of the person's operations for a fiscal year if the 07 amount of the financial assistance received by the person from state agencies is 08 between $25,000 and $150,000. 09 (b) A person shall submit an audit required by (a) of this section within one 10 year of the end of the fiscal year covered by the audit, and the person shall pay the 11 cost of obtaining the audit. 12 (c) In this section, 13 (1) "financial assistance" means state money and includes state money 14 received through grants, provider agreements, cooperative agreements, and other 15 contracts; 16 (2) "person" does not include a state agency; 17 (3) "state agency" has the meaning given in AS 37.05.990 and also 18 includes public corporations, including the Alaska Railroad Corporation; 19 (4) "state money" means money appropriated to an agency or spent by 20 an agency, but does not include 21 (A) money held in trust by an agency for a person; 22 (B) public assistance provided under AS 47; 23 (C) goods and services purchased for the direct administration 24 or operation of a state agency; 25 (D) the license fees refunded to municipalities under 26 AS 04.11.610; 27 (E) state revenue sharing and municipal assistance money 28 provided under AS 29.60.010 - 29.60.375, unless the money is passed through 29 to a nonprofit organization; 30 (F) the tax proceeds refunded to municipalities under 31 AS 43.35.050;
01 (G) the tax proceeds received under AS 43.40.010; or 02 (H) the tax proceeds paid to municipalities under AS 43.75.130. 03 * Sec. 3. This Act does not apply to contracts for financial assistance that are entered into 04 before the effective date of this Act. In this section, "financial assistance" has the meaning 05 given in AS 37.05.810, enacted by sec. 2 of this Act.