00                 CS FOR SENATE JOINT RESOLUTION NO. 7(JUD)                                                               
01 Proposing amendments to the Constitution of the State of Alaska relating to prohibiting                                 
02 the establishment of a state tax without the approval of the voters of the state; requiring                             
03 a two-thirds vote in each house of the legislature to change the rate of an existing state                              
04 tax; and relating to the initiative process.                                                                            
05 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
06    * Section 1. Article IX, sec. 1, Constitution of the State of Alaska, is amended to read:                        
07            Section 1. Taxing Power. (a) The power of taxation shall never be                                        
08       surrendered. This power shall not be suspended or contracted away, except as                                      
09       provided in this article.                                                                                         
10    * Sec. 2. Article IX, sec. 1, Constitution of the State of Alaska, is amended by adding new                        
11 subsections to read:                                                                                                    
12 (b)  Notwithstanding Section 18 of Article II, a law enacted under Sections 14 -                                        
13 17 of Article II that establishes a state tax shall not take effect unless it is approved by                            
14 the voters of the State in the first statewide election held more than one hundred                                      
01 twenty days after the enactment of the law. The lieutenant governor shall prepare a                                     
02 ballot title and proposition summarizing the law, and shall place them on the ballot. If                                
03 a majority of the votes cast on the proposition favor its adoption, the law becomes                                     
04 effective on the later of ninety days after the lieutenant governor certifies the election                              
05 returns or an effective date provided for by concurrence of two-thirds of the                                           
06 membership of each house. If a majority of the votes cast on the proposition favor its                                  
07       rejection, the law is rejected and does not take effect.                                                          
08 (c)  A law enacted by the voters through the initiative process under Article XI                                        
09 that establishes a state tax shall not take effect unless the legislature, by resolution,                               
10 approves the initiated law by a majority vote in joint session before the adjournment of                                
11 the next regular session occurring after the lieutenant governor certifies the election                                 
12 returns. If approved by the legislature, the initiated law becomes effective ninety days                                
13 after approval. If the legislature fails to approve the initiated law before the                                        
14 adjournment of the regular session, the initiated law is rejected and does not take                                     
15       effect.                                                                                                           
16 (d)  Notwithstanding Section 14 of Article II, the rate of an existing state tax                                        
17 may be changed by the legislature only upon affirmative vote of two-thirds of the                                       
18 members of each house of the legislature. Nothing in this subsection alters the ability                                 
19 of the people to change the rate of an existing state tax by initiative or to reject a                                  
20       change in the rate of an existing state tax made by the legislature by referendum.                                
21    * Sec. 3. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read:                             
22 Section 6. Enactment. If a majority of the votes cast on the proposition favor                                        
23 its adoption, the initiated measure is enacted. If a majority of the votes cast on the                                  
24 proposition favor the rejection of an act referred, it is rejected. The lieutenant governor                             
25 shall certify the election returns. Except as provided in Section 1 of Article IX, an                               
26 [AN] initiated law becomes effective ninety days after certification, is not subject to                                 
27 veto, and may not be repealed by the legislature within two years of its effective date.                                
28 It may be amended at any time. An act rejected by referendum is void thirty days after                                  
29 certification. Additional procedures for the initiative and referendum may be                                           
30       prescribed by law.                                                                                              
31    * Sec. 4. The amendments proposed by this resolution shall be placed before the voters of                          
01 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the                        
02 State of Alaska, and the election laws of the state.