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Alaska State Representative Bruce Weyhrauch Information

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State Treasury Warrants
Sponsor Statement for HB 373
Alaska State Legislature
Alaska State Legislature
Attachments Attachments
 
Released:
January 16, 2004
Linda Sylvester
465-4963

    "An Act requiring warrants drawn by the Department of Administration against the state treasury to be negotiable instruments."

"[HB 373] clarifies existing statutes governing state treasury warrants by providing that warrants, like bank checks, are negotiable instruments under the Uniform Commercial Code."
- Rep. Weyhrauch

 

House Bill 373 continues the committee's work last session on House Bill 109-Stale Dated Warrants. It clarifies existing statutes governing state treasury warrants by providing that warrants, like bank checks, are negotiable instruments under the Uniform Commercial Code.

During the 1980s, there was a long-standing dispute between commercial banks and the State of Alaska regarding the negotiability of state treasury warrants. This dispute was ultimately resolved by the Alaska Supreme Court in National Bank of Alaska v. Univentures 1231, 824 P.2d 1377 (Alaska 1992), which held that state treasury warrants were negotiable instruments under the Uniform Commercial Code and were therefore subject to the "holder in due course" defense. This was an important protection for businesses with financial dealings with the State. Although the Division of Finance amended its business practices to comply with the Supreme Court ruling, Alaska statutes have never been amended to incorporate this holding. HB 373 simply codifies the holding the National Bank of Alaska v. Univentures 1231.

The State Affairs Committee is introducing this legislation in order to clarify Alaska statutes and continue the modernization of the state treasury warrant system.

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