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CSHB 92(FIN): "An Act relating to borrowing in anticipation of revenues; relating to revenue anticipation notes; relating to short-term borrowing; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 92(FIN) 01 "An Act relating to borrowing in anticipation of revenues; relating to revenue 02 anticipation notes; relating to short-term borrowing; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 43.08.010 is amended to read: 06 Sec. 43.08.010. Borrowing in anticipation of revenues permitted. The 07 commissioner is hereby authorized to borrow money on behalf of the state, when in 08 the judgment of the commissioner it becomes necessary in order to meet 09 appropriations for any fiscal year in anticipation of the collection of the revenues for 10 that year. Money borrowed shall be used only for the purposes and within the amounts 11 of appropriations authorized. The authorization to borrow money includes entering 12 into revenue anticipation notes and other forms of short-term borrowing. 13 * Sec. 2. AS 43.08.020 is amended to read: 14 Sec. 43.08.020. Agreements to borrow money; payment [ISSUANCE AND

01 PAYMENT OF NOTES]. Money borrowed under this chapter [THE 02 COMMISSIONER SHALL ISSUE NOTES FOR THE AMOUNTS BORROWED IN 03 ANTICIPATION OF THE COLLECTION OF REVENUES, DIRECT OR 04 INDIRECT, FOR THAT YEAR. THE NOTES ISSUED BY THE COMMISSIONER 05 UNDER THIS CHAPTER MAY BE RENEWED FROM TIME TO TIME BUT ALL 06 SUCH NOTES AND RENEWALS THEREOF] and the interest thereon shall be paid 07 from revenues by the end of the fiscal year next succeeding the year in which the 08 money was borrowed [NOTES WERE ISSUED]. 09 * Sec. 3. AS 43.08.030 is amended to read: 10 Sec. 43.08.030. Security and payment. Money borrowed [NOTES ISSUED] 11 under this chapter shall, with interest thereon, be paid from revenues in anticipation of 12 the collection of which the money was borrowed [SAME WERE ISSUED] and the 13 full faith, credit, resources, and taxing power of the state are hereby pledged to the 14 payment. To further secure the repayment of the money borrowed, [PAYMENT OF 15 THE NOTES] the commissioner may pledge on behalf of the state such collateral as in 16 the discretion of the commissioner may be necessary to effect such borrowing most 17 advantageous to the state. 18 * Sec. 4. AS 43.08.035(a) is amended to read: 19 (a) There is appropriated each fiscal year from the general fund the amount 20 necessary for the payment of interest on money borrowed [REVENUE 21 ANTICIPATION NOTES ISSUED] under this chapter when the term of the 22 borrowing agreement [THOSE NOTES] measured from the date the money is 23 borrowed [OF ISSUANCE] to the date of first maturity does not exceed nine months. 24 * Sec. 5. AS 43.08.040 is amended to read: 25 Sec. 43.08.040. Terms for agreements to borrow money [SALE OF 26 NOTES]. An agreement to borrow money [NOTES] authorized [TO BE ISSUED] 27 under this chapter shall be entered into [SOLD] by the commissioner on terms the 28 commissioner determines are in the best financial interests of the state [IN THE 29 MANNER AND AT THE PRICE OR PRICES AS THE COMMISSIONER SHALL 30 DETERMINE, AT EITHER PUBLIC OR PRIVATE SALE; HOWEVER, A NOTE 31 MAY NOT BE SOLD AT LESS THAN PAR AND ACCRUED INTEREST].

01 * Sec. 6. AS 43.08.050 is amended to read: 02 Sec. 43.08.050. Execution of agreements to borrow money [NOTES]. An 03 agreement to borrow [NOTES FOR] money authorized under this chapter 04 [BORROWED] in anticipation of revenues shall be signed by the governor and 05 countersigned by the lieutenant governor. The governor's signature may be a facsimile 06 signature. 07 * Sec. 7. AS 43.08.050 is amended by adding a new subsection to read: 08 (b) Within 30 days after an agreement to borrow money is executed under this 09 chapter, the commissioner shall notify the Legislative Budget and Audit Committee 10 that an agreement has been entered into and include 11 (1) the financial terms of the agreement; and 12 (2) an explanation for the determination that the agreement was in the 13 best financial interests of the state. 14 * Sec. 8. AS 43.08.060 is repealed. 15 * Sec. 9. This Act takes effect July 1, 2021.