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REPRESENTATIVE ANDREW JOSEPHSON

(907) 465-4939 | State Capitol Building, Room 502 | WEBSITE
  PDF IconStatement PDF  | Sponsor's BILL Listing

Sponsor    Statement

Sponsor Statement for House Bill 57

HB 57 codifies the funds sources subject to the sweep provision outlined in art. IX, sec. 17 (d) of the Constitution of Alaska by defining “available for appropriation” and “general fund.” Clear and concise statutory definitions of these terms are essential since a fund source must meet both of these standards to be subject to the sweep.

The initial legislative attempt to define this term occurred in 19941 and the section of law dealing with the term “available for appropriation”2 was found to be broadly unconstitutional by Alaska Supreme Court in the case Hickel v. Cowper.3 This decision provides a clear framework for determining what funds must be “available for appropriation” in the view of the court and Hickel v. Cowper is used as a basis for the definition created in HB 57. This legislation is the first attempt to correct this unconstitutional statute in 27 years.

HB 57 also aims to define “general fund” in a way that clarifies which fund types are excluded from the general fund and formally addresses which funds within the general fund cannot be swept. This definition makes clear that the general fund does not include monies such as the Power Cost Equalization (PCE, held by a corporation) or Earnings Reserve Account (ERA, an account of the permanent fund). This new definition of “general fund” provides a remedy to the confusion that currently arises about what the “general fund” truly is. The term “general fund” takes on different meanings depending on whether the budgeting process is being discussed or the organization of funds in the state treasury is being referenced and depending. It also varies significantly based on which legislative or executive branch agency’s view is being considered.

In the summer of 2019, this lack of agreement came to a head when the Office of Management and Budget subjectively added funds to the list of those subject to the sweep and the Attorney General provided legal analysis suggesting that the PCE fund was in fact considered “general fund.” 4 This caused consternation. HB 57 creates a unified legal view of the term “general fund,” thereby protecting the balances of various self-sustaining funds (like the PCE) and eliminating the ability of future administrations to alter interpretation of the general fund’s composition so significantly.


 
[signed]
REPRESENTATIVE ANDREW JOSEPHSON

SPONSOR STATEMENTS from Alaska House Majority Coalition

An Act relating to the Funter Bay marine park unit of the state park system; relating to protection of the social and historical significance of the Unangax cemetery located in Funter Bay and providing for the amendment of the management plan for the Funter Bay marine park unit; and providing for an effective date.

From the office of Representative Hannan


House Bill 104: Motor Fuels Tax

From the office of Representative Josephson


HB 110 – Electronic Smoking Products Excise Tax

From the office of Representative Hannan


House Bill 115 – Renewal or extension of aquatic farming and aquatic plant and shellfish hatchery site leases and requiring a report to the legislature.

From the office of Representative Story


House Bill 123 – An Act Providing for State Recognition of Federally Recognized Tribes

From the office of Representative Zulkosky


Sectional Analysis HB 128 Version A

From the office of Representative Fields


House Bill 155 – Court System Provide Visitors & Experts

From the office of Representative Tuck


House Bill 162 – Fisheries Rehabilitation Permits

From the office of Representative Tuck


An Act relating to shared ownership; and relating to the sharing and sale of raw milk and raw milk products.

From the office of Representative Tarr


An Act relating to public school funding for social and emotional learning; and providing for an effective date

From the office of Representative Hopkins


Sponsor Statement HB 26 version A

From the office of Representative Tarr


Sponsor Statement HB 27 v. A
An Act naming the irene Webber Bridge.

From the office of Representative Stutes


Sponsor Statement for House Bill 30

From the office of Representative Josephson


Observe Daylight Saving Time All Year

From the office of Representative Stutes


Shellfish Enhancement Projects; Hatcheries; Fees

From the office of Representative Ortiz


Special Education Service Agency – Sunset Extension

From the office of Representative Story


Sponsor Statement for House Bill 45

From the office of Representative Josephson


House Bill 47– Renaming the Alaska Native Language Preservation and Advisory Council as the Council for Alaska Native Languages; and relating to the Council for Alaska Native Languages

From the office of Representative Story


An Act relating to sexual abuse of a minor; relating to sexual assault; relating to the code of military justice; relating to consent; relating to the testing of sexual assault examination kits; and providing for an effective date.

From the office of Representative Tarr


An Act establishing the Alaska Invasive Species Council in the Department of Fish and Game; relating to management of invasive species; relating to invasive species management decals; and providing for an effective date.

From the office of Representative Tarr


Sponsor Statement for House Bill 55

From the office of Representative Josephson


Sponsor Statement for House Bill 57

From the office of Representative Josephson


Sponsor Statement House Bill 63

From the office of Representative Stutes


An Act relating to regional fisheries development associations; and related to developing fishery management assessments

From the office of Representative Stutes


Elections, Voting, Ballots

From the office of Representative Tuck


Prohibition of Conversion Therapy on Youth and Vulnerable Adults

From the office of Representative Hannan


HB 9—The Education Funding Act

From the office of Representative Hannan


House Bill 90 Sponsor Statement Version A Rental vehicles; Vehicle rental networks; Vehicle rental taxes

From the office of Representative Wool


An Act relating to the State Physical Therapy and Occupational Therapy Board; relating to the practice of physical therapy; and relating to the practice of occupational therapy.

From the office of Representative Claman