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AK HB57
Bill
Status
2/18/2021
Primary Sponsor
Andrew Josephson
Click for details
AI Summary
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Clarifies statutory definitions for "available for appropriation" and "general fund" under Alaska Constitution Article IX, Section 17(d), addressing ambiguities in the budget reserve fund "sweep provision" that have caused disputes between legislative and executive branches.
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Defines "available for appropriation" to include immediately usable funds requiring further legislative action, trust receipts appropriated according to trust principles, and amounts from executive agency funds, while excluding illiquid assets and funds already appropriated.
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Establishes comprehensive list of 44 specific funds within the general fund that are exempt from the sweep provision because they require no further appropriation before expenditure or are required by law to be held separately.
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Defines "general fund" as the primary operating fund excluding funds held by legally separate entities, enterprise funds, debt service funds, special revenue funds, the Alaska permanent fund, internal service funds, and agency funds.
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Takes effect June 30, 2021, implementing statutory changes based on principles established in the 1994 Alaska Supreme Court case Hickel v. Cowper.
Legislative Description
Funds Subject To Cbr Sweep Provision
Education
Last Action
REFERRED TO FINANCE
4/5/2021