00 HOUSE JOINT RESOLUTION NO. 10                                                                                           
01 Proposing amendments to the Constitution of the State of Alaska creating a                                              
02 transportation fund.                                                                                                    
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  Article IX, sec. 7, Constitution of the State of Alaska, is amended to read:                           
05  SECTION 7.  DEDICATED FUNDS.  The proceeds of any State [STATE] tax                                                 
06 or license shall not be dedicated to any special purpose, except as provided in Section                                 
07 15 and Section 18 of this article or when required by the federal government for State                              
08 [STATE] participation in federal programs.  This provision shall not prohibit the                                       
09 continuance of any dedication for special purposes existing on April 24, 1956 [UPON                                   
10 THE DATE OF RATIFICATION OF THIS SECTION BY THE  PEOPLE OF                                                              
11 ALASKA].                                                                                                                
12    * Sec. 2.  Article IX, Constitution of the State of Alaska, is amended by adding a new                               
13 section to read:                                                                                                        
14  SECTION 18.  TRANSPORTATION FUND.  (a)  The revenue received after                                                    
01 June 30, 1995, from State licenses and fees for the registration, operation, and use of                                 
02 motor vehicles, aircraft, and watercraft, from the use of State transportation facilities,                              
03 and from State taxes on fuel used for the propulsion of motor vehicles, aircraft, and                                   
04 watercraft, less refunds, credits, and collection costs as provided by law, shall be                                    
05 placed in a transportation fund.  The legislature may use the transportation fund                                       
06 balance to enhance or supplement, but not to replace, money in the treasury available                                   
07 for transportation facilities, and make appropriations from the fund only for                                           
08   (1)  the maintenance and operation of a State or local government                                                    
09 facility, including a road, that relates to the mode of transportation from which the                                   
10 revenue was collected, including the improvement of existing facilities and roads, but                                  
11 not for new construction;                                                                                               
12   (2)  the administration and enforcement of motor vehicle laws.                                                       
13  (b)  This section does not apply to a tax, license, or fee that the State collects                                    
14 on behalf of a local government, or to revenue received by a public corporation whose                                   
15 revenue must by federal law be retained and managed by the corporation.  To the                                         
16 extent required by law or by the covenants for the bond, this section does not apply                                    
17 to revenue received from the use or operation of a facility constructed with bond                                       
18 proceeds.                                                                                                               
19  (c)  The legislature shall provide by law for the management and investment                                           
20 of the fund balance.  The income earned from the fund shall be deposited into the                                       
21 fund.                                                                                                                   
22  (d)  If revenue placed in the fund cannot be attributed to a particular mode of                                       
23 transportation, the legislature may appropriate that revenue for any transportation                                     
24 purpose that the legislature considers appropriate.  If revenue placed in the fund is                                   
25 attributable to more than one mode of transportation, the legislature may appropriate                                   
26 that revenue for a transportation purpose related to one or more of those modes as the                                  
27 legislature considers appropriate.  Except for the requirement that an appropriation                                    
28 from the fund relate only to the mode of transportation from which the revenue was                                      
29 collected, the limitations on the uses of the transportation fund balance imposed by (a)                                
30 of this section also apply to appropriations authorized by this subsection.                                             
31    * Sec. 3.  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.