AS Title 37, Chapter 10: Public Funds

Article 1. Custodians of State Funds. Chapter 10. Public Funds. Sec. 37.10.010. Disbursements. The Department of Administration shall (1) disburse money only upon vouchers certified by the department, establishment, or agency concerned, or an officer or employee of it authorized in writing to certify the vouchers; (2) make an examination of vouchers necessary to ascertain whether they are in proper form, certified and approved, computed on the basis of the facts certified; and (3) be held accountable accordingly. Sec. 37.10.020. Vouchers to be approved by administrative officer. A voucher arising from the conduct of an office or administration of the state shall be approved by the administrative officer before reference to the Department of Administration for payment. Sec. 37.10.030. Responsibility of officer or employee approving or certifying voucher. (a) The officer or employee approving or certifying a voucher (1) is responsible for the existence and correctness of the facts recited in the certificate or stated on the voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved; (2) shall give bond in the form and manner prescribed by AS 39.15 to the state, and approved by the Department of Administration, in an amount fixed by the head of the department, agency, or establishment concerned, under standards prescribed by the Department of Administration; the premium on the bond shall be paid from funds made available for the administrative costs of the department, agency, or establishment concerned; officers already bonded under other provisions of law for the faithful performance of their duties are not required to give additional bond; and (3) shall be held accountable for and required to make good to the state the amount of an illegal, improper, or incorrect payment resulting from a false, inaccurate, or misleading certificate made by the officer or employee, or a payment prohibited by law or which does not represent a legal obligation under the appropriation or fund involved. (b) In (a) of this section, an approval or certification of a voucher is effective when an authorized person uses a password assigned by the department if the certification or the voucher itself is prepared and recorded by using an electronic accounting device that is a part of the computerized state accounting systems. Sec. 37.10.040. Enforcement of liability. The liability of a certifying officer or employee is enforced in the same manner as provided by law with respect to enforcement of the liability of a disbursing and other accountable officer. Article 2. Charges for State Services; Accounting. Sec. 37.10.050. Charges by state agencies; collection, accounting, and deposit of state money. (a) A state agency may not charge a fee for the provision of state services unless the fee (1) is set or otherwise authorized by statute; and (2) where a regulation is necessary, is set by or provided for in a regulation that meets the standards of AS 44.62.020 and 44.62.030. Unless specifically exempted by statute, a state agency authorized to collect or receive fees, licenses, taxes, or other money belonging to the state shall account for and remit the receipts, less fees to which the collector is entitled by statute or regulation, to the Department of Revenue at least once each month. The commissioner of administration shall separately account under AS 37.05.142 for receipts deposited under this subsection. A fee or other charge that is set by regulation may not exceed the estimated actual costs of the state agency in administering the activity or providing the service unless otherwise provided by the statute under which the regulation is adopted; however, this limitation does not apply to sale or lease of property by a state agency, fees charged by a resource agency for a designated regulatory service as defined in AS 37.10.058 , fees adopted by the Department of Natural Resources under AS 41.21.026 (f), AS 44.37.025 , and 44.37.027, or fees, rents, tolls, and other charges established or levied by the Department of Transportation and Public Facilities for the use of the Knik Arm bridge and appurtenant facilities. (b) Money collected for the state shall be deposited by the collector in the nearest bank to the account of the Department of Revenue when the Department of Revenue directs this to be done. (c) Except as provided in AS 37.10.052 (a), each state agency shall annually review fees collected by the agency. By October 1, each state agency shall submit a report to the office of management and budget regarding existing fee levels set by the agency by regulation and adjustments made to fee levels by the agency during the previous fiscal year, and recommended adjustments in fees set by statute that the agency collects. Each year by December 15, the office of management and budget shall submit a report to the Legislative Budget and Audit Committee summarizing the reports and recommendations and the extent to which the fee adjustments have been incorporated in the governor's budget. Within five days after the convening of each regular session of the legislature, the committee shall prepare a report on the status of fee regulations and making recommendations for changes in regulations or statutes as appropriate. The committee shall notify the legislature that the report is available. Sec. 37.10.052. Fees levied by resource agencies for designated regulatory services; negotiated service agreements. (a) Each resource agency shall, by regulation, establish a list of fixed fees for standard designated regulatory services that it provides. A fixed fee adopted under this subsection may not exceed the estimated average reasonable direct cost incurred by the resource agency in providing the standard designated regulatory service. The resource agency shall provide an explanation of the basis for the fixed fee. The resource agency shall review the list of fixed fees at least once every four years, identify any changes in the average actual and reasonable direct cost of providing each standard designated regulatory service for which a fixed fee has been established, and, by regulation, adjust the fees accordingly. The agency shall include the results of its review in the report submitted under AS 37.10.050 (c). (b) In the case of a designated regulatory service for which a resource agency has not established a fixed fee under (a) of this section, a resource agency shall, at the request of the person who will be billed for a designated regulatory service, attempt to reach a negotiated service agreement for provision of that service. A negotiated service agreement that is reached under this subsection is a contract that is enforceable by either party under generally applicable contract remedies provided by law. A negotiated service agreement reached under this subsection may include (1) the amount of the fee; (2) the structure or methodology by which the fee will be charged; (3) deadlines, sequences, or milestones for the provision of the regulatory service; and (4) other matters reasonably related to the cost of, or procedures for, the provision of the regulatory service. (c) A person requiring more than one regulatory service, at least one of which is a designated regulatory service, for an activity may petition the resource agency that will provide the services or, if more than one resource agency will provide a regulatory service, the office of management and budget to establish a single fee for all regulatory services that are required for that class of activities. The resource agency or office of management and budget, as appropriate, shall grant the petition if it finds that the proposed fee meets the applicable requirements of this subsection and is likely to be used by the resource agency or office of management and budget more than once. If a petition under this subsection is granted, the resource agency or the office of management and budget shall make available to the public information concerning the single fee, including a list of regulatory services to be provided and the amount of the fee. If the resource agency or the office of management and budget denies the petition, the agency or office shall provide to the petitioner a statement setting out the agency's or office's reasons for denial. The single fee under this subsection must be (1) confined to the distinct economic sector in which the petitioner is or proposes to be engaged; (2) where necessary, limited by geography, facility size or capacity, or other relevant factors so as to provide a reasonable assurance that only similarly situated activities, with respect to cost, are included within the fixed fee; and (3) based on the estimated average reasonable direct cost of each designated regulatory service required for the activity and the average fee customarily charged for a regulatory service other than a designated regulatory service discounted by the amount of savings that may be achieved by avoiding regulatory overlap and, where applicable, coordinating multi-agency review of the activity to the maximum extent possible. (d) Except for fees determined under (a), (b), or (c) of this section or in AS 37.10.056 , a fee levied by a resource agency for a designated regulatory service must be based solely on the actual and reasonable direct cost incurred by the resource agency in providing the designated regulatory service to the person on whom that fee is levied, computed on a time-and-expense basis. (e) Nothing in this section authorizes or requires a resource agency to charge a fee for a designated regulatory service. (f) No action taken by a resource agency or the office of management and budget under (c) of this section is subject to AS 44.62 (Administrative Procedure Act). Sec. 37.10.054. Invoices for designated regulatory services. (a) Unless a negotiated service agreement reached under AS 37.10.052 (b) or (c) provides otherwise, a resource agency charging a fee for providing a designated regulatory service other than a standard designated regulatory service for which a fixed fee has been established under AS 37.10.052 (a) shall, on a monthly basis, provide the person who will be billed for the service with an invoice for services performed during that month. The invoice must be reasonably convenient to the reader, and reasonably susceptible to audit. The invoice must set out, in time increments of not greater than one-quarter hour for each employee, and separately for each expenditure, the purpose of the time or expenditure in sufficient detail to permit a reasonable person to determine whether the time or cost was an actual and reasonable direct cost. (b) If a person believes that an invoice rendered under (a) of this section exceeds the actual and reasonable direct cost of providing the designated regulatory service, the person may, within 30 days after receiving the invoice, request that the resource agency review the invoice. The resource agency shall review the invoice under the standards of this section and issue its final decision on the invoice within 30 days of receipt of a request for review. Sec. 37.10.056. Petitions to adopt regulations. A person requiring a designated regulatory service from a resource agency may petition the resource agency under AS 44.62.220 and 44.62.230 to adopt regulations that would establish, for a category of designated regulatory services, a fixed fee that is (1) confined to the distinct economic sector in which the petitioner is or proposes to be engaged; (2) where necessary, limited by geography, facility size or capacity, or other relevant factors so as to provide a reasonable assurance that only similarly situated regulatory services, with respect to cost, are included within the fixed fee; (3) likely to be used by the resource agency more than once; and (4) based on the average reasonable direct cost incurred by the agency in providing the designated regulatory service. Sec. 37.10.058. Definitions. In AS 37.10.050 — 37.10.058, (1) “agency” means a board, commission, or agency in the legislative, judicial, or executive branch, but does not include the University of Alaska or a public corporation; (2) “designated regulatory service” means a regulatory service provided under the following regulatory programs: (A) control of solid waste facilities under AS 46.03.020 (10)(D) and (E); (B) regulation of the disposal of waste into waters of the state under AS 46.03.100 ; (C) certification of federal permits or authorizations under 33 U.S.C. 1341 (sec. 401, Clean Water Act); (D) any authorization for the use or appropriation of water under AS 46.15 ; (E) administration of emission control permits for the air quality control program under AS 46.14 ; and (F) regulation of pesticides and broadcast chemicals registered under AS 46.03.320 (a)(4); (3) “direct cost” means the hourly rate of salary and benefits of each agency employee, including clerical staff, directly involved in providing a regulatory service, multiplied by the number of hours spent in performing the service, together with the expenditures for goods or third-party services made in providing that service; “direct cost” does not include (A) the costs and salaries of administrative, support, or supervisory personnel who are not directly engaged in providing the service; (B) other budgeted overhead expenses, including rent and utilities; (C) interagency charges that would not meet the requirements of AS 37.10.052 — 37.10.058 if those charges had been incurred or invoiced by the agency providing the designated regulatory service; (D) public consultation costs when the consultation is not required by law; (E) costs related to an appeal of permit issuance by a person other than the applicant for that permit; (F) expenses that are not reasonably necessary to comply with the law under which the service is provided; or (G) travel expenses for inspecting businesses having not more than 20 employees; (4) “distinct economic sector” means a commercial or industrial segment, or other category of land or water use, that, because of common operational, environmental, or other factors, tends to require similar designated regulatory services; each of the following is an example of a “distinct economic sector”: (A) oil and gas exploration, development, and production; (B) oil and gas processing and refining; (C) mineral exploration, development, and production; (D) coal exploration, development, and production; (E) commercial fishing; (F) seafood processing; (G) timber harvest; (H) timber processing; and (I) residential development; nothing in this paragraph precludes a resource agency from further subdividing activities listed in (A) — (I) of this paragraph into more appropriate subcategories; (5) “fee” means a charge assessed or requested by a state agency for the provision of a service to, the incurring of a burden or cost because of, or the conferring of a benefit upon, a person; “fee” does not include charges assessed or requested by the Department of Natural Resources associated with pipeline right-of-way leases granted under AS 38.35 ; (6) “hourly rate of salary and benefits” means the hourly increment of salary due the state employee under the salary schedule applicable to that employee, multiplied by 149 percent to account for the cost of employment benefits paid by the state to or on behalf of the employee; (7) “permit” means a permit, license, certificate, or approval; (8) “regulatory service” includes the following services provided by a resource agency: (A) an analysis, deliberation, testing, inspection, approval, or other review related to the application for or issuance, modification, extension, or revocation of a permit; and (B) an inspection, testing, monitoring, or compliance review undertaken under law or the terms of a permit; (9) “resource agency” means the Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources; (10) “standard designated regulatory service” means designated regulatory services for categories of activities that do not generally raise complex or controversial legal, technical, or policy issues. Sec. 37.10.060. Department of Revenue to deposit money in state treasury. All fees and receipts received by the Department of Revenue from any source shall be deposited in the state treasury at least once each month, and credited by the department to the proper fund. Article 3. Investment and Deposit of State Funds. Sec. 37.10.065. Investment of the Alaska Permanent Fund. [Repealed, § 10 ch 18 SLA 1980. For current law see AS 37.13 .] Sec. 37.10.070. Investment of residual money. (a) The commissioner shall invest, as set out in AS 37.10.071 , the money in the state treasury above an amount sufficient to meet immediate expenditure needs. In managing the invested assets, the commissioner shall (1) consider the status of the assets and liabilities on both a current and a probable future basis; (2) determine the appropriate investment objectives; (3) establish investment policies to achieve the objectives; and (4) act only in regard to the best financial interests of the state. (b) The commissioner may invest on the basis of probable total rate of return without regard to the distinction between principal and income and without regard to the generation of income. (c) In this section, “commissioner” means the commissioner of revenue. Sec. 37.10.071. Investment powers and duties. (a) In making investments under this section, the fiduciary of a state fund shall (1) act as official custodian of cash and investments by securing adequate and safe custodial facilities for them; (2) receive all items of cash and investments; (3) collect and deposit the principal of and income from owned or acquired investments; (4) invest and reinvest the assets in accordance with this section; (5) receive and spend appropriations to cover the cost of the exercise of duties under this section; (6) exercise the powers of an owner with respect to the assets; (7) perform all acts, not prohibited by this section, whether or not expressly authorized, that the fiduciary considers necessary or proper in administering the assets; (8) maintain accounting records in accordance with generally accepted accounting principles; (9) engage an independent certified public accountant to conduct an annual audit of the financial condition and investment transactions; (10) enter into and enforce contracts or agreements considered necessary, convenient, or desirable for the investment purposes of this section; and (11) when choosing to acquire or dispose of investments, secure competitive national or international market rates or prices, or the equivalence of those rates or prices in the judgment of the fiduciary. (b) Under this section, the fiduciary of a state fund or the fiduciary's designee may (1) delegate investment, custodial, or depository authority on a discretionary or nondiscretionary basis to officers or employees of the state or to independent firms, banks, financial institutions, or trust companies by designation through appointments, contracts, or letters of authority; (2) acquire or dispose of investments either directly, indirectly, or through investment pools or trusts, by competitive or negotiated agreements, contracts, or auctions, in public or private markets; (3) concentrate or diversify investments as the fiduciary considers appropriate to increase the probable total rate of return or to decrease the overall exposure to potentially adverse market value risks; (4) protect the market value or the rate of return of the investments by entering into forward agreements to buy or sell assets at a future date as a hedge against existing held assets or as a precommitment of future cash flows; (5) lend assets, under an agreement and for a fee, against deposited collateral of equivalent market value; (6) borrow assets on a short-term basis, under an agreement and for a fee, against the deposit of collateral consisting of other assets in order to accommodate temporary cash or investment needs; (7) hold investments in bearer or registered form in the name of the state, a fund, or nominees authorized by the fiduciary; (8) utilize consultants, advisors, custodians, investment services, and legal counsel for assistance in investment matters on either a continuing or a limited-term basis and with or without compensation; (9) declare records to be confidential and exempt from AS 40.25.110 and 40.25.120 if the records contain information that discloses the particulars of the business or the affairs of a private enterprise, investor, borrower, advisor, consultant, counsel, or manager. (c) In exercising investment, custodial, or depository powers or duties under this section, the fiduciary of a state fund shall apply the prudent investor rule and exercise the fiduciary duty in the sole financial best interest of the fund entrusted to the fiduciary. Among beneficiaries of a fund, the fiduciaries shall treat beneficiaries with impartiality. (d) In exercising investment, custodial, or depository powers or duties under this section, the fiduciary or the fiduciary's designee is liable for a breach of a duty that is assigned or delegated under this section, or under AS 14.40.255 , 14.40.280(c), 14.40.400(b), AS 37.10.070 , AS 37.14.160 , or 37.14.170. However, the fiduciary or the designee is not liable for a breach of a duty that has been delegated to another person if the delegation is prudent under the applicable standard of prudence set out in statute or if the duty is assigned by law to another person, except to the extent that the fiduciary or designee (1) knowingly participates in, or knowingly undertakes to conceal, an act or omission of another person knowing that the act or omission is a breach of that person's duties under this chapter; (2) by failure to comply with this section in the administration of specific responsibilities, enables another person to commit a breach of duty; or (3) has knowledge of a breach of duty by another person, unless the fiduciary or designee makes reasonable efforts under the circumstances to remedy the breach. (e) The state shall defend and indemnify the fiduciary or an officer or employee of the state against liability under (d) of this section to the extent that the alleged act or omission was performed in good faith and was prudent under the applicable standard of prudence. (f) In this section, “fiduciary of a state fund” or “fiduciary” means (1) the commissioner of revenue for investments under AS 37.10.070 ; (2) with respect to the Alaska Retirement Management Board, for investments of the collective funds that it manages and administers, (A) each trustee who serves on the board of trustees; and (B) any other person who exercises control or authority with respect to management or disposition of assets for which the board is responsible or who gives investment advice to the board; or (3) the person or body provided by law to manage the investments for investments not subject to AS 37.10.070 . Sec. 37.10.075. Deposit of state funds. (a) When the commissioner of revenue determines that there are funds in the state treasury that are not being used for the purposes provided for in AS 37.10.070 , they may be deposited in financial institutions. Collateral may be required by the commissioner to secure state deposits provided for under this section. (b) The commissioner of revenue may require the banks in which state funds are deposited under a time deposit agreement to pay at least a minimum interest rate to be fixed by the Department of Revenue, and this interest when paid shall be deposited in the general fund or in the other funds that are established by law. (c) This section does not prohibit the Department of Revenue from depositing the funds that it considers necessary for the proper conduct of the office in solvent banks outside the state under the terms and conditions provided in this section. (d) The Department of Revenue may deposit funds in banks inside or outside the state without requiring those banks in which the funds are deposited to pay interest on the deposits. It is the intention of the legislature that the department may compensate the banks for handling state disbursements in a manner determined by the commissioner of revenue to be in the best interests of the state. (e) Banks holding state deposits shall, as a condition of retaining those deposits, submit all information concerning the deposits and other relevant matters that may be requested by the commissioner. Sec. 37.10.078. Prohibited deposits and investments in certain banks. The commissioner of revenue may not make investments or deposits with a bank doing business in Alaska that has a general practice of (1) charging a fee for handling disbursements issued by the state; or (2) refusing to handle disbursements issued by the state. Secs. 37.10.079 , 37.10.080. Purchase and sale of bonds. [Repealed, § 33 ch 141 SLA 1988.] Sec. 37.10.085. Financial aid to corporations by state or political subdivision. (a) Except as provided in AS 14.40.458 , (c) or (d) of this section, or AS 37.10.089 , neither the state nor a political subdivision of the state may (1) make a subscription to the capital stock of a corporation; (2) lend its credit for the use of a corporation; or (3) borrow money for the use of a corporation. (b) This section does not apply to debt issued by a municipality or a municipal joint insurance arrangement under AS 21.76.120 . (c) To the extent that the political subdivision is authorized to acquire, own, or operate a public utility, it may exercise that power by acquiring and owning, in a manner consistent with law, all of the capital stock of a corporation that owns or operates a public utility. The political subdivision's authority with respect to lending its credit and borrowing money for the use of the corporation is the same as if the political subdivision had acquired the assets of the corporation. (d) This section does not apply to investments of the assets of the public employees' retirement system established under AS 39.35 or the teachers' retirement system established under AS 14.25 , to the extent the investments are made in the stocks, bonds, and other securities of (1) a corporation licensed under AS 10.13 ; or (2) a corporation attempting to become licensed under AS 10.13 if the corporation intends to use the proceeds to fulfill the tasks necessary to become licensed under AS 10.13 . Sec. 37.10.087. Loans to bond construction funds. (a) (1) When a construction fund or account established to receive the proceeds of state general obligation bonds is temporarily exhausted, the commissioner of administration on recommendation of the state bond committee may temporarily transfer money from the general fund to the bond construction fund or account. (2) If the amount of the transfer exceeds 25 percent of the amount authorized for the general obligation bonds, the commissioner of administration shall obtain approval of the transfer from the Legislative Budget and Audit Committee before the transfer. (3) If a temporary transfer has already been made from the general fund to the bond construction fund or account, additional transfers may be made, but the total amount of the outstanding transfers not returned to the general fund under (d) of this section may not exceed 25 percent of the amount authorized for the general obligation bonds without approval from the Legislative Budget and Audit Committee. (b) Transfers under (a) of this section may be made only when the commissioner of revenue determines and certifies to the state bond committee that there is in the general fund an amount sufficient to meet current cash expenditure needs of the state. (c) The amount transferred to a construction fund or account under (a) of this section may not exceed anticipated receipts from the unsold general obligation bonds to be issued and the federal programs receipts estimated to be received for the general obligation bond construction program financed from the construction fund or account. (d) Money transferred from the general fund under (a) of this section shall be returned to the general fund within 15 months after the transfer. (e) The commissioner of administration shall notify the Legislative Budget and Audit Committee in writing of a transfer of money from the general fund under (a) of this section. Sec. 37.10.088. Department of Administration authorized to make advances to the University. (a) During any fiscal year the Department of Administration may make advances to the University of Alaska against verified receivables from appropriations for grants and contracts from federal or private sources of the university and upon condition that the university reimburse the fund for these advances from funds received by the university from federal or private sources. The advances may not exceed 80 percent of the verified receivables from grants and contracts appropriated from federal or private sources. (b) The total of advances in a fiscal year may not exceed 10 percent of the total of grants and contracts from federal and private sources appropriated to the university for that fiscal year. The amounts advanced in a fiscal year shall be repaid in full to the department within 120 days following the close of that fiscal year. If the repayment is not made on a timely basis, the department may withhold amounts due from state fund appropriations for the university. (c) The commissioner of administration shall submit a quarterly report of all advances and reimbursements under this section to the Legislative Budget and Audit Committee. (d) The department shall establish the procedure for making advances to the university and for securing reimbursement from the university. Sec. 37.10.089. Loans to the education loan fund; bond purchase agreements and letters of credit. (a) If the education loan fund ( AS 14.42.210 ) is unable to fully finance loan demand in a fiscal year, the commissioner may invest in the education loan fund for the purpose of financing education loans under AS 14.43.161 — 14.43.175, 14.43.600 — 14.43.750, and AS 14.44.040 . The commissioner shall require the corporation to secure the investment of state money. (b) The commissioner may make investments under (a) of this section only when the commissioner determines that market conditions relating to tax-exempt private activity revenue bonds make the issuance of the bonds by the corporation impracticable or uneconomical for the purpose of financing education loans under AS 14.43.161 — 14.43.175, 14.43.600 — 14.43.750, and AS 14.44.040 . (c) The corporation shall repay money invested under (a) of this section under terms established by the commissioner and agreed to by the corporation. Except as provided in this section, the terms must be consistent with the duties of a fiduciary set out in AS 37.10.071 (c). (d) Notwithstanding any other provision of this section, the commissioner is authorized to enter into an agreement with the corporation to provide a bond purchase agreement and a letter of credit when market conditions relating to those credit enhancement mechanisms are uneconomical. The commissioner may require the corporation to pay the costs associated with providing credit enhancement and may charge the corporation a fee for this service. (e) The commissioner may charge the corporation interest on the investments under (a) of this section. The rate of interest may not exceed the five-year average return on the state's general fund. (f) The commissioner may charge the corporation an annual fee for the services provided under (d) of this section. The annual fee may not exceed 0.15 percent of the average principal outstanding and interest covered by the bond purchase agreement and the letter of credit. (g) If a draw on the bond purchase agreement and the letter of credit occurs under this section, the commissioner may charge the corporation an additional annual rate of interest not to exceed three percent on the bonds held under the bond purchase agreement and letter of credit. (h) The term of the investment under (a) of this section may not exceed four years and the commitment under (d) of this section may not exceed four years from the commencement of the initial investment, bond purchase agreement, and letter of credit. (i) The maximum amount of the investment under (a) of this section may not exceed $100,000,000. The maximum amount of the commitment under (d) of this section may not exceed $106,000,000. (j) The commissioner may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section. (k) In this section, (1) “commissioner” means the commissioner of revenue; (2) “corporation” means the Alaska Student Loan Corporation created under AS 14.42.100 . Article 4. Recovery of Money or Property Illegally Paid or Diverted. Sec. 37.10.090. Action by attorney general. Whenever money, funds, or property of a city, school district, municipal government, or the state are illegally paid or are diverted for an illegal purpose, or paid to a person not authorized by law to receive them, they may be recovered by an action instituted by the attorney general. When it appears to the attorney general that it is more advantageous to begin or conduct the action with additional counsel, the attorney general may choose and authorize additional counsel to bring the suit in the name of the proper party. Sec. 37.10.100. Costs of action and disposition of amount recovered. (a) The necessary and reasonable costs of the suit and of the additional counsel shall be advanced by the state, and a sum recovered in the suit shall be deposited in the state treasury. (b) If the sum recovered as described in (a) of this section belongs to a city, school district, or municipal government, the sum shall be transferred to it, less sums advanced by the state in the suit and not already repaid to it. The Department of Administration may disburse to the city, school district, or municipal corporation the sums belonging to it. The disbursements must be based upon vouchers approved by the attorney general. Article 5. Vocational Education Account. Sec. 37.10.200. Vocational education account. (a) The vocational education account is created in the general fund. (b) The account consists of (1) appropriations made by the legislature to the account; (2) gifts, bequests, and contributions; and (3) income and earnings of the account. (c) Money in the vocational education account may be appropriated by the legislature to the state and political subdivisions of the state, including regional educational attendance areas and municipal school districts, for vocational education programs and courses approved by the commissioner of labor and workforce development in consultation with the commissioner of education and early development for any other public purpose. (d) Nothing in this section dedicates funds for a specific purpose. (e) In this section, “vocational education” includes vocational training programs and courses taught at the secondary and postsecondary level of education. Article 6. Alaska Retirement Management Board. Sec. 37.10.210. Alaska Retirement Management Board. (a) The Alaska Retirement Management Board is established in the Department of Revenue. The board's primary mission is to serve as the trustee of the assets of the state's retirement systems, the State of Alaska Supplemental Annuity Plan, and the deferred compensation program for state employees, and the Alaska retiree health care trusts established under AS 39.30.097 . Consistent with standards of prudence, the board has the fiduciary obligation to manage and invest these assets in a manner that is sufficient to meet the liabilities and pension obligations of the systems, plan, program, and trusts. The board may, with the approval of the commissioner of revenue and upon agreement with the responsible fiduciary, manage and invest other state funds so long as the activity does not interfere with the board's primary mission. In making investments, the board shall exercise the powers and duties of a fiduciary of a state fund under AS 37.10.071 . (b) The Alaska Retirement Management Board consists of nine trustees, as follows: (1) two members, consisting of the commissioner of administration and the commissioner of revenue; (2) seven trustees appointed by the governor who meet the eligibility requirements for an Alaska permanent fund dividend and who are professionally credentialed or have recognized competence in investment management, finance, banking, economics, accounting, pension administration, or actuarial analysis as follows: (A) two trustees who are members of the general public; the trustees appointed under this subparagraph may not hold another state office, position, or employment and may not be members or beneficiaries of a retirement system managed by the board; (B) one trustee who is employed as a finance officer for a political subdivision participating in either the public employees' retirement system or the teachers' retirement system; (C) two trustees who are members of the public employees' retirement system, selected from a list of four nominees submitted from among the public employees' retirement system bargaining units; (D) two trustees who are members of the teachers' retirement system selected from a list of four nominees submitted from among the teachers' retirement system bargaining units; (E) the lists of the nominees shall be submitted to the governor under (C) and (D) of this paragraph within the time period specified in regulations adopted under AS 37.10.240 (a). (c) The trustees, other than the two commissioners, shall serve for staggered terms of four years and may be reappointed to the board. (d) The governor may, by written notice to the trustee, remove an appointed trustee for cause. After an appointed trustee receives written notice of removal, the trustee may not participate in board business and may not be counted for purposes of establishing a quorum. (e) A vacancy on the board of trustees shall be promptly filled. A person filling a vacancy holds office for the balance of the unexpired term of the person's predecessor. A vacancy on the board does not impair the authority of a quorum of the board to exercise all the powers and perform all the duties of the board. (f) Five trustees constitute a quorum for the transaction of business and the exercise of the powers and duties of the board. (g) A trustee may not designate another person to serve on the board in the absence of the trustee. (h) The board shall provide annual training to its members on the duties and powers of a fiduciary of a state fund and other training as necessary to keep the members of the board educated about pension management and investment. (i) The board shall elect a trustee to serve as chair and a trustee to serve as vice-chair for one-year terms. A trustee may be reelected to serve additional terms as chair or vice-chair. Sec. 37.10.215. Attorney general. The attorney general is the legal counsel for the board and shall advise the board and represent it in a legal proceeding. Sec. 37.10.220. Powers and duties of the board. (a) The board shall (1) hold regular and special meetings at the call of the chair or of at least five members; meetings are open to the public, and the board shall keep a full record of all its proceedings; (2) after reviewing recommendations from the Department of Revenue, adopt investment policies for each of the funds entrusted to the board; (3) determine the appropriate investment objectives for the defined benefit plans established under the teachers' retirement system under AS 14.25 and the public employees' retirement system under AS 39.35 ; (4) assist in prescribing the policies for the proper operation of the systems and take other actions necessary to carry out the intent and purpose of the systems in accordance with AS 37.10.210 — 37.10.390; (5) provide a range of investment options and establish the rules by which participants can direct their investments among those options with respect to accounts established under (A) AS 14.25.340 — 14.25.350 (teachers' retirement system defined contribution individual accounts); (B) AS 39.30.150 — 39.30.180 (State of Alaska Supplementary Annuity Plan); (C) AS 39.35.730 — 39.35.750 (public employees' retirement system defined contribution individual accounts); and (D) AS 39.45.010 — 39.45.060 (public employees' deferred compensation program); (6) establish the rate of interest that shall be annually credited to each member's individual contribution account in accordance with AS 14.25.145 and AS 39.35.100 and the rate of interest that shall be annually credited to each member's account in the health reimbursement arrangement plan under AS 39.30.300 — 39.30.495; the rate of interest shall be adopted on the basis of the probable effective rate of interest on a long-term basis, and the rate may be changed from time to time; (7) adopt a contribution surcharge as necessary under AS 39.35.160 (c); (8) coordinate with the retirement system administrator to have an annual actuarial valuation of each retirement system prepared to determine system assets, accrued liabilities, and funding ratios and to certify to the appropriate budgetary authority of each employer in the system (A) an appropriate contribution rate for normal costs; and (B) an appropriate contribution rate for liquidating any past service liability; in this subparagraph, the appropriate contribution rate for liquidating the past service liability of the defined benefit retirement plan under AS 14.25.009 — 14.25.220 or the past service liability of the defined benefit retirement plan under AS 39.35.095 — 39.35.680 must be determined by a level percent of pay method based on amortization of the past service liability for a closed term of 25 years; (9) review actuarial assumptions prepared and certified by a member of the American Academy of Actuaries and conduct experience analyses of the retirement systems not less than once every four years, except for health cost assumptions, which shall be reviewed annually; the results of all actuarial assumptions prepared under this paragraph shall be reviewed and certified by a second member of the American Academy of Actuaries before presentation to the board; (10) contract for an independent audit of the state's actuary not less than once every four years; (11) contract for an independent audit of the state's performance consultant not less than once every four years; (12) obtain an external performance review to evaluate the investment policies of each fund entrusted to the board and report the results of the review to the appropriate fund fiduciary; (13) by the first day of each regular legislative session, report to the governor, the legislature, and the individual employers participating in the state's retirement systems on the financial condition of the systems in regard to (A) the valuation of trust fund assets and liabilities; (B) current investment policies adopted by the board; (C) a summary of assets held in trust listed by the categories of investment; (D) the income and expenditures for the previous fiscal year; (E) the return projections for the next calendar year; (F) one-year, three-year, five-year, and 10-year investment performance for each of the funds entrusted to the board; and (G) other statistical data necessary for a proper understanding of the financial status of the systems; (14) submit quarterly updates of the investment performance reports to the Legislative Budget and Audit Committee; (15) develop an annual operating budget; and (16) administer pension forfeitures required under AS 37.10.310 using the procedures of AS 44.62 (Administrative Procedure Act). (b) The board may (1) employ outside investment advisors to review investment policies; (2) enter into an agreement with the fiduciary of another state fund in order to assume the management and investment of those assets; (3) contract for other services necessary to execute the board's powers and duties; (4) enter into confidentiality agreements that would exempt records from AS 40.25.110 and 40.25.120 if the records contain information that could affect the value of investment by the board or that could impair the ability of the board to acquire, maintain, or dispose of investments. (c) Expenses for the board and the operations of the board shall be paid from the retirement fund. Sec. 37.10.230. Conflicts of interest. (a) Trustees are subject to the provisions of AS 39.50 . (b) If a trustee acquires, owns, or controls an interest, direct or indirect, in an entity or project in which assets under the control of the board are invested, the trustee shall immediately disclose the interest to the board. The disclosure is a matter of public record and shall be included in the minutes of the board meeting next following the disclosure. The board shall adopt regulations to restrict trustees from having a substantial interest in an entity or project in which assets under the control of the board are invested. Sec. 37.10.240. Regulations and open meetings. (a) The board may adopt regulations to implement AS 37.10.210 — 37.10.390. Regulations adopted by the board are not subject to the Administrative Procedure Act ( AS 44.62 ). The board shall adopt regulations required by AS 36.30.015 (f) relating to procurement. The board shall comply with the requirements of AS 44.62.310 — 44.62.319 (Open Meetings Act). (b) Notwithstanding (a) of this section, a regulation adopted under AS 37.10.210 — 37.10.390 shall be published in the Alaska Administrative Register and Alaska Administrative Code for informational purposes. A regulation adopted under this section shall conform to the style and format requirements of the drafting manual for administrative regulations that is published under AS 44.62.050 . (c) At least 30 days before the adoption, amendment, or repeal of a regulation under this chapter, the board shall provide notice of the action that is being considered. The notice must include publication in one or more newspapers of general circulation in each judicial district of the state. (d) A regulation adopted under this chapter takes effect 30 days after adoption by the board unless a later effective date is stated in the regulation. (e) Notwithstanding the other provisions of this section, a regulation may be adopted, amended, or repealed, effective immediately, as an emergency regulation. For an emergency regulation to be effective the board must find that the immediate adoption, amendment, or repeal of the regulation is necessary. The board shall, within 10 days after adoption of an emergency regulation, give notice of the adoption under (c) of this section. An emergency regulation adopted under this subsection may not remain in effect past the date of the next regular meeting of the board unless the board complies with the procedures set out in this section and adopts the regulation as a permanent regulation. (f) In this section, “regulation” has the meaning given in AS 44.62.640 (a). Sec. 37.10.250. Compensation of trustees. Trustees, other than trustees who are employees of the state, a political subdivision of the state, or a school district or regional educational attendance area in the state, receive an honorarium of $400 for each day spent at a meeting of the board or at a meeting of a subcommittee of the board or at a public meeting as a representative of the board, including a day in which a trustee travels to or from a meeting. Trustees who are state employees are entitled to administrative leave for service as a trustee.

Trustees who are employees of a political subdivision of the state or a school district or regional educational attendance area in the state are entitled to leave benefits provided by their employers comparable to those provided to state employees for service as a trustee. Trustees are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 . Sec. 37.10.260. Staff. (a) The Department of Revenue shall provide staff for the board. (b) The board may designate a trustee or an officer or employee of the Department of Revenue to be responsible for signing on behalf of the board a deed, contract, or other document that must be executed by or on behalf of the board. Sec. 37.10.270. Investment advisory council. (a) The board may appoint an investment advisory council composed of at least three and not more than five members. Members of the council shall possess experience and expertise in financial investments and management of investment portfolios for public, corporate, or union pension benefit funds, foundations, or endowments. (b) Members of the council serve at the pleasure of the board for staggered terms of three years. (c) The board shall establish the compensation of members of the council. Members of the council are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 . (d) The council shall (1) review the investments made by the board; (2) make recommendations to the board concerning the board's investment policies, investment strategy, and investment procedures; (3) advise the board on selection of performance consultants and on the form and content of annual reports; (4) provide other advice as requested by the board. (e) With approval of the board, the council may contract with other state agencies to provide investment advice. Sec. 37.10.280. Insurance. The board shall ensure that trusteed assets and its own services are protected. The board may purchase insurance or provide for self-insurance retention in amounts recommended by the commissioner of revenue and approved by the board to cover the acts, including fiduciary acts, errors, and omissions of its board members and agents. Insurance must protect the board and the state from liability to others and from loss of trusteed assets due to the acts or omissions of the trustees. Sec. 37.10.290. Exemption from taxation. Except as provided in AS 29.45.030 (a) for property acquired through foreclosure or deed in lieu of foreclosure, the board and all properties at any time owned by it, managed by it, or held by it in trust, and the income from those activities, are exempt from all taxes and assessments in the state. All security instruments issued by the board and income from them are exempt from all taxes and assessments in the state, including transfer taxes. Sec. 37.10.300. Limitations. The board may not engage in commercial banking activity or private trust activity. The board may not act as a depository or trustee for a private person, association, or corporation. The board may not act as a lender to a private person, association, or corporation of money from any source except state funds under management by the board. Sec. 37.10.310. Pension forfeiture by public officers convicted of crimes involving corruption. (a) A public officer, as defined in AS 39.52.960 , a legislator, or a person employed as a legislative director, as that term is defined in AS 24.60.990 , who is convicted of a federal or state felony offense of bribery, receiving a bribe, perjury, subornation of perjury, scheme to defraud, fraud, mail fraud, misuse of funds, corruption, or tax evasion may not receive a state pension benefit if the offense was committed on or after July 10, 2007 and was in connection with the person's official duties. (b) Pension benefits and employee contributions that accrue to a person before the date of the person's commission of the offense described in (a) of this section are not diminished or impaired by that subsection. (c) A state pension benefit under (a) of this section does not include (1) insurance, voluntary wage reductions, involuntary wage reductions, or supplemental or health benefits under AS 39.30.090 — 39.30.495 or former AS 39.37.145 ; (2) member or employee contributions under AS 14.25.050 , 14.25.055, 14.25.075, 14.25.340, 14.25.360(a), AS 22.25.011 , AS 39.35.160 , 39.35.165(f), 39.35.180, 39.35.730, 39.35.760(a), or former AS 39.37.070 . (d) In a pension forfeiture matter under this section, the board may award to a spouse, dependent, or former spouse of the person governed by the limitations in (a) of this section some or all of the amount that, but for the forfeiture under (a) of this section, may otherwise be payable. In determining whether to make an award under this subsection, the board shall consider the totality of circumstances, including (1) the role, if any, of the person's spouse, dependent, or former spouse in connection with the illegal conduct for which the person was convicted; and (2) the degree of knowledge, if any, possessed by the person's spouse, dependent, or former spouse in connection with the illegal conduct for which the person was convicted. Sec. 37.10.390. Definitions. In AS 37.10.210 — 37.10.390, unless the context otherwise requires, (1) “board” means the board of trustees of the Alaska Retirement Management Board; (2) “fund” means the fund or funds composed of the assets of each of the retirement systems administered and managed by the board; (3) “recognized competence” means a minimum of 10 years' professional experience working or teaching in the field of investment management, finance, banking, economics, accounting, pension administration, or actuarial analysis; (4) “retirement systems” or “systems” means the teachers' retirement system, the judicial retirement system, the Alaska National Guard and Alaska Naval Militia retirement system, the public employees' retirement system, the State of Alaska Teachers' and Public Employees' Retiree Health Reimbursement Arrangement Plan, and the elected public officers' retirement system under former AS 39.37 . Article 7. Constitutional Budget Reserve Fund. Sec. 37.10.410. “Administrative proceedings involving taxes” defined. (a) The following money received by the state is considered to be received as a result of the termination of an administrative proceeding for purposes of applying art. IX, sec. 17(a), Constitution of the State of Alaska: (1) past due taxes that are received by the state for each tax year for which a request for an informal conference under AS 43.05.240 is made to the Department of Revenue, together with penalties and interest on the taxes; (2) past due taxes that are received by the state after a request for a formal hearing under AS 43.05.241 is made to the Department of Revenue, together with penalties and interest on the taxes. (b) Money received by the state under the following conditions is not considered to be received as the result of the termination of an administrative proceeding for purposes of applying art. IX, sec. 17(a), Constitution of the State of Alaska: (1) taxes that are not due at the time the request for the proceeding was made under AS 43.05.240 , 43.05.241, or 43.05.242; (2) taxes set out in a return not audited by the Department of Revenue at the date of collection; or (3) taxes collected for a tax year for which the taxpayer did not give notice of appeal of an assessment made by the Department of Revenue. Sec. 37.10.420. “Money available for appropriation” defined. (a) For purposes of applying art. IX, sec. 17(b), Constitution of the State of Alaska, (1) “the amount available for appropriation” or “funds available for appropriation” means (A) the unrestricted revenue accruing to the general fund during the fiscal year; (B) general fund program receipts as defined in AS 37.05.146 ; (C) the unreserved, undesignated general fund balance carried forward from the preceding fiscal year that is not subject to the repayment obligation imposed by art. IX, sec. 17(d), Constitution of the State of Alaska; and (D) the balance in the statutory budget reserve fund established in AS 37.05.540 ; (2) “the amount appropriated for the previous fiscal year” means the amount appropriated from the (A) constitutional budget reserve fund under the authority granted in art. IX, sec. 17, Constitution of the State of Alaska; and (B) same revenue sources used to calculate the money available for appropriation for the current fiscal year; and (3) “the amount of appropriations made in the previous calendar year for the previous fiscal year” means appropriations made from sources identified in (2) of this subsection for a fiscal year that were enacted during the calendar year that ends on December 31 of that same fiscal year. (b) If the amount appropriated from the budget reserve fund has not been repaid under art. IX, sec. 17(d), Constitution of the State of Alaska, the Department of Administration shall transfer to the budget reserve fund the amount of money comprising the unreserved, undesignated general fund balance to be carried forward as of June 30 of the fiscal year, or as much of it as is necessary to complete the repayment. The transfer shall be made on or before December 16 of the following fiscal year. (c) In this section, “unrestricted revenue accruing to the general fund” or “unreserved, undesignated general fund balance carried forward” is money not restricted by law to a specific use that accrues to the general fund according to accepted principles of governmental or fund accounting adopted for the state accounting system established under AS 37.05.150 in effect on July 1, 1990. (d) An appropriation under art. IX, sec. 17(b), Constitution of the State of Alaska, requires an affirmative vote of the majority of the members of each house of the legislature. An appropriation under art. IX, sec. 17(c) requires an affirmative vote of three-fourths of the members of each house of the legislature. Sec. 37.10.430. Management of the budget reserve fund. (a) The Department of Revenue may transfer management responsibility over all or a portion of the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) to the Alaska Permanent Fund Corporation. (b) By March 15 of each year, the Department of Revenue shall, after consulting with the Alaska Permanent Fund Corporation, prepare a report setting out the balance in the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) on January 1 and on December 31 of the previous calendar year. The report shall state the nominal, real, and realized return on the budget reserve fund compared to the nominal, real, and realized return on the permanent fund and the general fund during the previous calendar year. (c) A special subaccount is established in the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska). Money in the subaccount shall be invested to yield higher returns than might be feasible to obtain with other money in the budget reserve fund. In establishing or modifying the investment policy for the subaccount in the constitutional budget reserve fund, the commissioner of revenue shall assume that those funds will not be needed for at least five years. Income earned on money in the subaccount shall be retained in the subaccount by the department.