00SENATE BILL NO. 56                                                                                                      
01 "An Act relating to the budget reserve fund established under art. IX, sec. 17,                                         
02 Constitution of the State of Alaska."                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 37.10  is amended by adding new sections to read:                                                   
05 ARTICLE 6.  BUDGET RESERVE FUND.                                                                                        
06  Sec. 37.10.410.  ADMINISTRATIVE PROCEEDINGS INVOLVING TAXES.                                                          
07 (a)  The following money received by the state is considered to be received as a result                                 
08 of the termination of an administrative proceeding for purposes of applying art. IX,                                    
09 sec. 17(a), Constitution of the State of Alaska:                                                                        
10   (1)  past due taxes and penalties that are the subject of a request for an                                           
11 informal conference under AS 43.05.240(a) and that are received by the state at least                                   
12 six months after the request for the informal conference is made to the Department of                                   
13 Revenue;                                                                                                                
14   (2)  past due taxes and penalties that are the subject of a formal hearing                                           

01 held under AS 43.05.240(c) and that are received by the state after the hearing has                                     
02 begun.                                                                                                                  
03  (b)  To the extent that an administrative proceeding involves taxes that are not                                      
04 due at the time the request for the proceeding was made under AS 43.05.240(a) or                                        
05 (b)(1), money received by the state as a result of the proceeding is not considered to                                  
06 be received as a result of the termination of an administrative proceeding for purposes                                 
07 of applying art. IX, sec. 17(a), Constitution of the State of Alaska.                                                   
08  Sec. 37.10.420.  MONEY AVAILABLE FOR APPROPRIATION.  (a)  For                                                         
09 purposes of applying art. IX, sec. 17(b) and (d), Constitution of the State of Alaska,                                  
10 money available for appropriation for a fiscal year does not include money in the                                       
11 earnings reserve account established under AS 37.13.145.  Money available for                                           
12 appropriation for a fiscal year is money in the general fund, including money from                                      
13 lapsed appropriations, that has not been appropriated during a previous fiscal year                                     
14   (1)  for expenditure during any fiscal year; or                                                                      
15   (2)  to a special fund or account established by law.                                                                
16  (b)  If the amount appropriated from the budget reserve fund has not been                                             
17 repaid under art. IX, sec. 17(d), Constitution of the State of Alaska, the Department                                   
18 of Revenue shall transfer to the budget reserve fund the amount of money in the                                         
19 general fund available for appropriation on June 30 of the fiscal year, or as much of                                   
20 it as is necessary to complete the repayment.  The transfer shall be made on or before                                  
21 November 15 of the following fiscal year.