HB 494: "An Act relating to the 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."
00 HOUSE BILL NO. 494 01 "An Act relating to the 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 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 22.05.140(b) is amended to read: 24 (b) A salary disbursement [WARRANT] may not be issued to a justice of the 25 supreme court until the justice has filed with the state officer designated to issue salary 26 disbursements [WARRANTS] an affidavit that no matter referred to the justice for 27 opinion or decision has been uncompleted or undecided by the justice for a period of 28 more than six months. 29 * Sec. 5. AS 22.07.090(b) is amended to read: 30 (b) A salary disbursement [WARRANT] may not be issued to a judge of the 31 court of appeals until the judge has filed with the state officer designated to issue
01 salary disbursements [WARRANTS] an affidavit that no matter referred to the judge 02 for opinion or decision has been uncompleted or undecided by the judge for a period 03 of more than six months. 04 * Sec. 6. AS 22.10.190(b) is amended to read: 05 (b) A salary disbursement [WARRANT] may not be issued to a superior 06 court judge until the judge has filed with the state officer designated to issue salary 07 disbursements [WARRANTS] an affidavit that no matter referred to the judge for 08 opinion or decision has been uncompleted or undecided by the judge for a period of 09 more than six months. 10 * Sec. 7. AS 22.15.220(c) is amended to read: 11 (c) A salary disbursement [WARRANT] may not be issued to a district judge 12 or magistrate until the judge or magistrate has filed with the state officer designated to 13 issue salary disbursements [WARRANTS,] an affidavit that no matter referred to the 14 judge or magistrate for opinion or decision has been uncompleted or undecided by the 15 judge or magistrate for a period of more than six months. 16 * Sec. 8. AS 23.10.040(a) is amended to read: 17 (a) Except as otherwise required by AS 37.25.050, an [AN] employer of 18 labor performing services in this state shall pay the wages or other compensation for 19 the services with lawful money of the United States or with negotiable checks, drafts, 20 or orders payable upon presentation without discount by a bank or depository inside 21 the state. 22 * Sec. 9. AS 23.20.135(a) is amended to read: 23 (a) The commissioner of revenue is ex officio the treasurer and custodian of 24 the fund and shall administer it as directed by the department. Disbursements 25 [CHECKS OR WARRANTS] shall be issued from [ON] the fund in accordance with 26 AS 37.25.050 and the regulations that the department adopts. The fund has three 27 separate accounts: 28 (1) a clearing account, 29 (2) an unemployment trust fund account, and 30 (3) a benefit account. 31 * Sec. 10. AS 23.20.145(b) is amended to read:
01 (b) The department shall from time to time requisition from the 02 unemployment trust fund amounts not exceeding the amounts standing to the state's 03 account in the fund that [WHICH] it considers necessary for the payment of benefits 04 for a reasonable future period. Upon receipt of an amount the department shall deposit 05 the money to the benefit account. A [CHECK OR WARRANT FOR THE] payment 06 [OF BENEFITS] may be made [ISSUED] solely from the benefit account. 07 * Sec. 11. AS 23.20.145(c) is amended to read: 08 (c) If money in the clearing account is not sufficient to provide for refunds of 09 contributions erroneously collected and payable under AS 23.20.225 and 10 23.20.526(a)(11), the department shall withdraw from the unemployment trust fund 11 the amounts not exceeding the amount standing to this state's account in the fund that 12 [WHICH] are necessary for the payment of the refunds, but no amounts may be 13 withdrawn from the unemployment trust fund for the refund of interest and penalty 14 payments. Upon receipt, the department, or the designee of the department, shall 15 deposit this money to the clearing account. A [CHECK OR WARRANT FOR THE] 16 payment of a refund shall be made [ISSUED] from the clearing account. 17 * Sec. 12. AS 23.20.145(d) is amended to read: 18 (d) Expenditures of the money in the benefit account and refunds from the 19 clearing account are not subject to provisions of law requiring specific appropriations 20 or other formal release by state officers of money in their custody. [ALL CHECKS 21 OR WARRANTS ISSUED BY THE STATE FOR THE PAYMENT OF BENEFITS 22 AND REFUNDS SHALL BEAR THE SIGNATURE OF THE COMMISSIONER OF 23 ADMINISTRATION AND COUNTERSIGNATURE OF THE AUTHORIZED 24 AGENT OF THE DEPARTMENT FOR THAT PURPOSE.] 25 * Sec. 13. AS 26.15.040(d) is amended to read: 26 (d) Money loaned shall be disbursed from [DELIVERED] to the borrower 27 [IN THE FORM OF A WARRANT DRAWN ON] the treasury, vouchered in the 28 manner prescribed for state disbursing officers, and charged against the Alaska World 29 War II veterans' revolving fund. Each voucher shall be approved by the commissioner 30 of community and economic development or any bonded deputy authorized to act as a 31 certifying officer. Upon repayment of loans by installments, or otherwise, in
01 accordance with the prescribed terms, or upon liquidation by foreclosure or other 02 process, or upon receipt of interest, the money so received shall be turned over to the 03 commissioner of revenue for deposit in the Alaska World War II veterans' revolving 04 fund. 05 * Sec. 14. AS 34.45.720(c) is amended to read: 06 (c) AS 34.45.110 - 34.45.780 do not apply to a disbursement [WARRANT] 07 for the payment of a permanent fund dividend. 08 * Sec. 15. AS 37.05.180 is amended to read: 09 Sec. 37.05.180. Limitation on payment disbursements [ OF 10 WARRANTS]. A disbursement under AS 37.25.050(a)(2) from [WARRANT 11 UPON] the state treasury shall [MAY NOT] be cancelled [PAID] unless collected by 12 the recipient [PRESENTED AT THE OFFICE OF THE COMMISSIONER OF 13 REVENUE] within six months after [OF] the date of its issuance. A disbursement 14 [WARRANT] not collected [PRESENTED] within that time is presumed abandoned, 15 except where the disbursement [WARRANT] is for the payment of a permanent fund 16 dividend or a benefit payment or refund under AS 14.25, AS 22.25, AS 26.05, 17 AS 39.30, AS 39.35, AS 39.37, or AS 39.45. Money held for an abandoned 18 disbursement [WARRANT] shall be delivered to the custody of the Department of 19 Revenue to be administered as unclaimed property under AS 34.45. 20 * Sec. 16. AS 37.10.075(d) is amended to read: 21 (d) The Department of Revenue may deposit funds in banks inside or outside 22 the state without requiring those banks in which the funds are deposited to pay interest 23 on the deposits. It is the intention of the legislature that the department may 24 compensate the banks for handling [CLEARING] state disbursements 25 [WARRANTS] in a manner determined by the commissioner of revenue to be in the 26 best interests of the state. 27 * Sec. 17. AS 37.10.078 is amended to read: 28 Sec. 37.10.078. Prohibited deposits and investments in certain banks. The 29 commissioner of revenue may not make investments or deposits with a bank doing 30 business in Alaska that has a general practice of 31 (1) charging a fee for handling disbursements [CASHING CHECKS
01 OR WARRANTS] issued by the state; or 02 (2) refusing to handle disbursements [CASH CHECKS OR 03 WARRANTS] issued by the state. 04 * Sec. 18. AS 37.10.100(b) is amended to read: 05 (b) However, if the sum recovered belongs to a city, school district, or 06 municipal government, the sum shall be transferred to it, less sums advanced by the 07 state in the suit, and not already repaid to it. The Department of Administration may 08 disburse [PAY] to the city, school district, or municipal corporation the sums 09 belonging to it [, UPON WARRANTS DRAWN AS PROVIDED BY LAW]. The 10 disbursements [WARRANTS] must be based upon vouchers approved by the 11 attorney general. 12 * Sec. 19. AS 37.25 is amended by adding a new section to read: 13 Sec. 37.25.050. Required methods of disbursement. (a) Notwithstanding 14 any provision of law to the contrary, unless federal law requires otherwise, a state 15 agency may not disburse money unless the disbursement is made 16 (1) by an electronic funds transfer to an account in a financial 17 institution; or 18 (2) from an account established by the state agency by contract with a 19 financial institution under which a person uses an electronic payment card issued by 20 the financial institution to access the money. 21 (c) In this section, 22 (1) "disbursement" includes wages and other employment benefits; 23 (2) "state agency" means a department, institution, board, commission, 24 division, authority, public corporation, committee, or other administrative unit of the 25 executive branch of state government, including the University of Alaska and the 26 Alaska Railroad Corporation. 27 * Sec. 20. AS 43.20.030(e) is amended to read: 28 (e) The department may credit or refund overpayments of taxes, taxes 29 erroneously or illegally assessed or collected, penalties collected without authority, 30 and taxes that are found unjustly assessed or excessive in amount, or otherwise 31 wrongfully collected. The department shall set limitations, specify the manner in
01 which claims for credits or refunds are made, and give notice of allowance or 02 disallowance. When a refund is allowed to a taxpayer, it shall be paid out of the 03 general fund by a disbursement [ON A WARRANT] issued under a voucher 04 approved by the department. 05 * Sec. 21. AS 43.23.028(a) is amended to read: 06 (a) By October 1 of each year, the commissioner shall give public notice of 07 the value of each permanent fund dividend for that year and notice of the information 08 required to be disclosed under (3) of this subsection. In addition, the stub attached to 09 each individual dividend [CHECK AND] direct deposit advice must 10 (1) disclose the amount of each dividend attributable to income earned 11 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 12 Constitution of the State of Alaska; 13 (2) disclose the amount of each dividend attributable to income earned 14 by the permanent fund from appropriations to that fund and from amounts added to 15 that fund to offset the effects of inflation; 16 (3) disclose the amount by which each dividend has been reduced due 17 to each appropriation from the dividend fund, including amounts to pay the costs of 18 administering the dividend program and the hold harmless provisions of 19 AS 43.23.075; 20 (4) include a statement that an individual is not eligible for a dividend 21 when 22 (A) during the qualifying year, the individual was convicted of 23 a felony; 24 (B) during all or part of the qualifying year, the individual was 25 incarcerated as a result of the conviction of a 26 (i) felony; or 27 (ii) misdemeanor if the individual has been convicted of 28 a prior felony or two or more prior misdemeanors; 29 (5) include a statement that the legislative purpose for making 30 individuals listed under (4) of this subsection ineligible is to 31 (A) obtain reimbursement for some of the costs imposed on the
01 state criminal justice system related to incarceration or probation of those 02 individuals; 03 (B) provide funds for services for and payments to crime 04 victims and for grants for the operation of domestic violence and sexual assault 05 programs; 06 (6) disclose the total amount that would have been paid during the 07 previous fiscal year to individuals who were ineligible to receive dividends under 08 AS 43.23.005(d) if they had been eligible; 09 (7) disclose the total amount appropriated for the current fiscal year 10 under (b) of this section for each of the funds and agencies listed in (b) of this section. 11 * Sec. 22. AS 43.23.055(8) is amended to read: 12 (8) adopt regulations that establish procedures for an individual to 13 apply to have a dividend disbursement under AS 37.25.050(a)(2) [WARRANT] 14 reissued if it is [RETURNED TO THE DEPARTMENT AS UNDELIVERABLE OR 15 IT IS] not collected [PAID] within two years after [OF] the date of its issuance; 16 however, the department may not establish a time limit within which an application to 17 have a disbursement [WARRANT] reissued must be filed; 18 * Sec. 23. AS 43.40.070 is amended to read: 19 Sec. 43.40.070. Refund disbursements [WARRANTS]. Upon approval of a 20 refund claim by the department, a disbursement [WARRANT] shall be made from 21 [DRAWN ON] the highway fuel tax account in the general fund in favor of the 22 applicant in the amount of the claim. 23 * Sec. 24. AS 44.21.040(a) is amended to read: 24 (a) The Department of Administration shall keep books of account in 25 permanent form of the claims presented and of the disbursements made 26 [WARRANTS DRAWN]. These records must show 27 (1) the name of the claimant; [,] 28 (2) the amount of the claim; [,] 29 (3) the date of its presentation; [,] 30 (4) the date of its allowance or disallowance; [,] 31 (5) the date and number of each disbursement made [WARRANT
01 DRAWN]; [,] 02 (6) the name of the payee ; [,] and 03 (7) the appropriation from [AGAINST] which the disbursement 04 [WARRANT] is made [DRAWN]. 05 * Sec. 25. AS 44.77.040(b) is amended to read: 06 (b) The department, after the hearing, may affirm, reverse, or modify its 07 original decision. Upon acceptance by the claimant of the decision of the department 08 or if the claimant does not obtain judicial review as set out in (c) of this section, the 09 department shall make [ISSUE] a disbursement from [WARRANT AGAINST] the 10 proper appropriation for the sum the department finds due the claimant. 11 * Sec. 26. AS 44.99.205(a) is amended to read: 12 (a) A state agency may not place a picture of an elected state official on an 13 application form [, A WARRANT,] or a direct deposit notice provided by the agency. 14 * Sec. 27. AS 44.99.205(b) is amended to read: 15 (b) A state agency may not place a message on or with an application form [, 16 A WARRANT,] or a direct deposit notice provided by the agency unless the message 17 is 18 (1) from a state agency employee who is not an elected state official; 19 and 20 (2) required by law, necessary for the operation of the document, 21 related to seasonal health issues including flu shot reminders, or related to a program 22 or activity of a state agency. 23 * Sec. 28. AS 45.95.020(d) is amended to read: 24 (d) Money loaned shall be delivered to the borrower as provided in 25 AS 37.25.050 [THE FORM OF A WARRANT DRAWN ON THE TREASURY], 26 vouchered in the manner prescribed for state disbursing officers, and charged against 27 the small business revolving loan fund. Each voucher shall be approved by the 28 commissioner or a bonded deputy authorized to act as a certifying officer. Upon 29 repayment of loans by installments, or otherwise, in accordance with the prescribed 30 terms, or upon liquidation by foreclosure or other process, or upon receipt of interest, 31 the money so received shall be turned over to the commissioner of revenue for deposit
01 in the small business revolving loan fund. 02 * Sec. 29. AS 47.25.265 is amended to read: 03 Sec. 47.25.265. Cancellation of disbursements [WARRANTS]. (a) 04 Disbursements issued under AS 37.25.050(a)(2) for [WARRANTS ISSUED TO] a 05 general relief assistance recipient after the date of death of the recipient shall be 06 [RETURNED TO THE DEPARTMENT OF ADMINISTRATION AND] canceled. 07 (b) General relief assistance disbursements made under AS 37.25.050(a)(2) 08 [WARRANTS ISSUED] before the death of the recipient but not collected by the 09 recipient before [NEGOTIATED AT] death shall be [RETURNED TO THE 10 DEPARTMENT OF ADMINISTRATION, AND SHALL BE] canceled, unless 11 claimed by the authorized representative of the estate of the recipient within 90 days 12 after [OF] the date of death. 13 (c) The state is not liable to the estate, heirs, or creditors of the deceased 14 general relief assistance recipient for payment on disbursements [WARRANTS] 15 canceled under (a) and (b) of this section. 16 * Sec. 30. AS 47.25.460(d) is amended to read: 17 (d) Each award shall be paid on a monthly basis. In case it is impracticable by 18 reason of slow or interrupted means of communication for a disbursement 19 [WARRANT] covering a month's assistance to reach the recipient in due course, the 20 department may transmit disbursements [WARRANTS] covering assistance for 21 future months and may deliver all of them to the recipient at one time. 22 * Sec. 31. AS 47.25.515 is amended to read: 23 Sec. 47.25.515. Cancellation of disbursements [WARRANTS]. (a) 24 Disbursements [WARRANTS] issued to a recipient of assistance under AS 47.25.430 25 - 47.25.615 after the date of death of the recipient shall be [RETURNED TO THE 26 DEPARTMENT OF ADMINISTRATION AND] canceled. 27 (b) Assistance disbursements under AS 37.25.050(a)(2) [WARRANTS] 28 issued before the death of the recipient but not collected before [NEGOTIATED AT] 29 death shall be [RETURNED TO THE DEPARTMENT OF ADMINISTRATION, 30 AND SHALL BE] canceled, unless claimed by the authorized representative of the 31 estate of the recipient within 90 days after [OF] the date of death.
01 (c) The state is not liable to the estate, heirs, or creditors of the deceased 02 assistance recipient for payment on disbursements [WARRANTS] canceled under (a) 03 or (b) of this section. 04 * Sec. 32. AS 43.05.170 is repealed. 05 * Sec. 33. This Act takes effect January 1, 2006.