Legislature(2005 - 2006)BELTZ 211

03/22/2005 03:30 PM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SJR 8 CONST. AM: PERMANENT FUND P.O.M.V. TELECONFERENCED
Heard & Held
*+ SJR 14 REPEAL FEDERAL ESTATE TAX TELECONFERENCED
Moved SJR 14 Out of Committee
+ SB 24 REEMPLOYMENT OF RETIREES TELECONFERENCED
Heard & Held
*+ SB 143 STATE INFO SYSTEM PLAN: LEGISLATURE TELECONFERENCED
Heard & Held
+ HB 90 STATE TREASURY WARRANTS TELECONFERENCED
Moved HB 90 Out of Committee
+ HB 97 OATHS; NOTARIES PUBLIC; STATE SEAL TELECONFERENCED
Moved SCS CSHB 97(STA) Out of Committee
Bills Previously Heard/Scheduled
                 HB 90-STATE TREASURY WARRANTS                                                                              
                                                                                                                                
4:14:59 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT  announced the next  order of business to  be HB
90.  He  noted that  the  prime  sponsor is  Representative  Paul                                                               
Seaton,  but that  Representative Gruenberg  would introduce  the                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  MAX GRUENBERG  told  members similar  legislation                                                               
passed  the House  last  year,  but didn't  make  it through  the                                                               
Senate.  HB 90  simply codifies  the National  Bank of  Alaska v.                                                               
Univentures  1231  decision,  which   dealt  with  whether  state                                                               
warrants are negotiable instruments.                                                                                            
                                                                                                                                
The Legislature has never adopted the  use of checks to pay state                                                               
debts;  it  uses  warrants.  Until that  case  was  decided,  the                                                               
state's position was that it  didn't have to consider warrants as                                                               
negotiable  instruments in  the technical  sense. That  means the                                                               
state could stop payment on a  warrant even after a bank had made                                                               
payment on it.                                                                                                                  
                                                                                                                                
HB 90  specifically states that  warrants drawn by the  state are                                                               
negotiable instruments  under the  Uniform Commercial  Code. That                                                               
makes  it   clear  the  state   must  honor  the   checks  unless                                                               
requirements  and procedures  set out  in the  Uniform Commercial                                                               
Code are  followed. Certainly, the  state could dishonor  a check                                                               
if it notifies the bank before it is cashed.                                                                                    
                                                                                                                                
CHAIR THERRIAULT  asked what a negotiable  instrument allows that                                                               
wasn't allowed on a warrant.                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  answered  a negotiable  instrument  is                                                               
defined in AS 45.03.104(a) as a  document drawn on a bank that is                                                               
to be served as evidence of a  debt to be paid. If properly drawn                                                               
and presented, it  must be honored unless proper  notice is given                                                               
to the bank in advance. That allows  the bank to rely on the bona                                                               
fides of that instrument.                                                                                                       
                                                                                                                                
Although the state pays a  lot of its debts electronically rather                                                               
that with checks,  those that it does pay would  be honored under                                                               
the Uniform Commercial Code.                                                                                                    
                                                                                                                                
4:20:07 PM                                                                                                                    
                                                                                                                                
KIM GARNERO,  Director of Finance, Department  of Administration,                                                               
affirmed that HB  90 simply codifies a 1992  Alaska Supreme Court                                                               
ruling.  Since  that decision,  the  state  has administered  its                                                               
warrants as  negotiable instruments so no  administrative changes                                                               
are necessary if this legislation passes.                                                                                       
                                                                                                                                
SENATOR  HUGGINS asked  why, if  the  court ruling  was in  1992,                                                               
there is a rush to do something about it now in 2005.                                                                           
                                                                                                                                
MS. GARNERO responded it's not a  bad idea to align the statutory                                                               
language with the Alaska Supreme Court ruling.                                                                                  
                                                                                                                                
CHAIR  THERRIAULT recapped  this  would align  statutes with  the                                                               
findings of the court.                                                                                                          
                                                                                                                                
MS. GARNERO said that is correct.                                                                                               
                                                                                                                                
4:22:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   maintained  that   in  the   area  of                                                               
commercial law,  financial institutions  and lawyers look  to the                                                               
statutes rather than case law.                                                                                                  
                                                                                                                                
CHAIR  THERRIAULT  added HB  90  would  reduce confusion  because                                                               
someone could reference the statutes  and they would have to know                                                               
that the court overrode it.                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG agreed.                                                                                                
                                                                                                                                
CHAIR  THERRIAULT  noted  there  was  no  further  testimony.  He                                                               
mentioned the zero fiscal note and asked for a motion.                                                                          
                                                                                                                                
SENATOR  WAGONER moved  HB 90  out of  committee with  individual                                                               
recommendations and attached fiscal note.                                                                                       
                                                                                                                                
CHAIR  THERRIAULT announced  that without  objection, the  motion                                                               
carried.                                                                                                                        

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