00               CS FOR SENATE JOINT RESOLUTION NO. 103(FIN)                                                              
01 Proposing amendments to the Constitution of the State of Alaska relating to an                                          
02 appropriation limit.                                                                                                    
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  Article IX, sec. 16, Constitution of the State of Alaska, is repealed and                            
05 readopted to read:                                                                                                      
06            Section 16.  Appropriation Limit.  (a)  Subject to (b) of this section,                                    
07       appropriations made for a current fiscal year shall not exceed the average amount                                 
08       appropriated for the earliest three of the four fiscal years immediately preceding that                           
09       current fiscal year, increased by seventy-five percent of the sum of the following:                               
10                 (1)  the percentage rate of change in the Consumer Price Index for all                                  
11       urban consumers for the Anchorage metropolitan area compiled by a federal agency                                  
12       during the two calendar years preceding the calendar year during which the                                        
13       immediately preceding fiscal year began, but not to exceed the percentage change in                               
14       per capita personal income of State residents during the two calendar years preceding                             
15       the calendar year during which the immediately preceding fiscal year begins; plus                                 

01                 (2)  the percentage rate of change in the State population during the two                               
02       calendar years preceding the calendar year during which the immediately preceding                                 
03       fiscal year began compiled by a State department.                                                                 
04            (b)  The legislature shall implement (a) of this section by law.  If the                                     
05       appropriation limit calculated under (a) of this section, as implemented by law, for a                            
06       current fiscal year is less than the appropriation limit amount calculated for the                                
07       immediately preceding fiscal year, the appropriation limit amount for the immediately                             
08       preceding fiscal year shall apply to the current fiscal year.                                                     
09            (c)  An appropriation that exceeds the limit under this section by not more than                             
10       two percent may be made for any public purpose upon affirmative vote of at least two-                             
11       thirds of the members of each house of the legislature.  An appropriation that exceeds                            
12       the limit under this section by not more than four percent may be made for any public                             
13       purpose upon affirmative vote of at least three-fourths of the members of each house.                             
14       However, the total amount of appropriations under this subsection made for a fiscal                               
15       year may not exceed the limit under this section by more than four percent.  A bill                               
16       making one or more appropriations under this subsection must be confined to                                       
17       appropriations made under this subsection.                                                                        
18            (d)  The following are excluded from the appropriation limits in (a) and (c) of                              
19       this section and from the calculations made under (a) of this section:                                            
20                 (1)  an appropriation to the Alaska permanent fund established in                                       
21       Section 15 of this article;                                                                                       
22                 (2)  an appropriation for payments of permanent fund dividends to State                                 
23       residents;                                                                                                        
24                 (3)  an appropriation to meet a state of natural disaster declared by the                               
25       governor as prescribed by law;                                                                                    
26                 (4)  an appropriation to a separate fund or account in the general fund                                 
27       from which expenditures may not be made without an additional appropriation from                                  
28       that separate fund or account;                                                                                    
29                 (5)  an appropriation of State general obligation or revenue bond                                       
30       proceeds or an appropriation of capital lease financing proceeds;                                                 
31                 (6)  an appropriation required to pay obligations under revenue or                                      

01       general obligation bonds issued by the State or payments owed by the State under a                                
02       capital lease;                                                                                                    
03                 (7)  an appropriation of money received from the federal government;                                    
04                 (8)  a reappropriation of money already appropriated under an                                           
05       unobligated appropriation that is not void under Section 13 of this article;                                      
06                 (9)  an appropriation of money for expenditure by a State agency to                                     
07       provide services to part of that same agency or to another State agency if the other part                         
08       or the other agency has also received an appropriation of the same money;                                         
09                 (10)  an appropriation of money held in trust by the State for a                                        
10       particular purpose;                                                                                               
11                 (11)  an appropriation of money received as tuition, fees, or contract                                  
12       receipts, or from other sources apart from the general fund by the University of                                  
13       Alaska;                                                                                                           
14                 (12)  an appropriation of money received by the state from a source                                     
15       other than the State or federal government that is restricted to a specific use by the                            
16       terms of a gift, grant, bequest, or contract;                                                                     
17                 (13)  an appropriation of money deposited into the budget reserve fund                                  
18       under Section 17(d) of this article back to the funds and accounts from which the                                 
19       money came;                                                                                                       
20                 (14)  an appropriation of dedicated funds.                                                              
21            (e)  An appropriation made under (c) of this section is excluded from the                                    
22       calculations made under (a) of this section.                                                                      
23    * Sec. 2.  Article XV, Constitution of the State of Alaska, is amended by adding a new                           
24 section to read:                                                                                                        
25            Section 30.  Contingent Effect, Application, Transition, and Repeal of                                     
26       Appropriation Limit.  (a)  The 2004 amendment relating to an appropriation limit                                
27       (art. IX, sec. 16) takes effect only if the                                                                       
28                 (1)  legislature adopts a resolution proposing an amendment to Section                                  
29       15 of Article IX to limit appropriations from the Alaska permanent fund based on an                               
30       averaged percent of the fund market value; and                                                                    
31                 (2)  proposed amendment described in (1) of this subsection is placed                                   

01       before the voters of the state at the 2004 general election.                                                      
02            (b)  The 2004 amendment relating to an appropriation limit (art. IX, sec. 16)                                
03       first applies to appropriations made for fiscal year 2006; however, for purposes of                               
04       making calculations under the appropriation limit for fiscal years 2006 through 2008,                             
05       it shall be assumed that, excluding appropriations listed under Section 16(d) of Article                          
06       IX, the amount appropriated for                                                                                   
07                 (1)  fiscal year 2004 equals $3,150,000,000; and                                                        
08                 (2)  fiscal year 2005 equals $3,250,000,000.                                                            
09            (c)  Section 16 of Article IX (appropriation limit) is repealed July 1, 2009.                                
10    * Sec. 3.  The amendments proposed by this resolution shall be placed before the voters of                         
11 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the                        
12 State of Alaska, and the election laws of the state.