00CS FOR HOUSE BILL NO. 58(FIN) am(efd fld)                                                                               
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 a new section to read:                                                   
05 ARTICLE 6.  BUDGET RESERVE FUND.                                                                                        
06  Sec. 37.10.420.  MONEY AVAILABLE FOR APPROPRIATION.  (a)  For                                                         
07 purposes of applying art. IX, sec. 17(b), Constitution of the State of Alaska,                                          
08   (1)  "the amount available for appropriation" or "funds available for                                                
09 appropriation" means                                                                                                    
10   (A)  the unrestricted revenue accruing to the general fund during                                                   
11 the fiscal year;                                                                                                        
12   (B)  general fund program receipts as defined in AS 37.05.146;                                                      
13 and                                                                                                                     
14   (C)  the unreserved, undesignated general fund balance carried                                                      

01 forward from the preceding fiscal year that is not subject to the repayment                                             
02 obligation imposed by art. IX, sec. 17(d), Constitution of the State of Alaska;                                         
03   (2) "the amount appropriated for the previous fiscal year" means the                                                 
04 amount appropriated from the same revenue sources used to calculate the money                                           
05 available for appropriation for the current fiscal year; and                                                            
06   (3)  "the amount of appropriations made in the previous calendar year                                                
07 for the previous fiscal year" means appropriations made for a fiscal year that were                                     
08 enacted during the calendar year that ends on December 31 of that same fiscal year.                                     
09  (b)  If the amount appropriated from the budget reserve fund has not been                                             
10 repaid under art. IX, sec. 17(d), Constitution of the State of Alaska, the Department                                   
11 of Administration shall transfer to the budget reserve fund the amount of money                                         
12 comprising the unreserved, undesignated general fund balance to be carried forward                                      
13 as of June 30 of the fiscal year, or as much of it as is necessary to complete the                                      
14 repayment.  The transfer shall be made on or before December 16 of the following                                        
15 fiscal year.                                                                                                            
16  (c)  In this section, "unrestricted revenue accruing to the general fund" or                                          
17 "unreserved, undesignated general fund balance carried forward" is money not                                            
18 restricted by law to a specific use that accrues to the general fund according to                                       
19 accepted principles of governmental or fund accounting adopted for the state                                            
20 accounting system established under AS 37.05.150 in effect on July 1, 1990.                                             
21  (d)  An appropriation under art. IX, sec. 17(b), Constitution of the State of                                         
22 Alaska, requires an affirmative vote of the majority of the members of each house of                                    
23 the legislature.  An appropriation under art. IX, sec. 17(c) requires an affirmative vote                               
24 of three-fourths of the members of each house of the legislature.                                                       
25    * Sec. 2.  The provisions of sec. 1 of this Act are declaratory of existing law and represent                        
26 the intent of the legislature when the Sixteenth Alaska State Legislature passed Senate                                
27 Joint Resolution No. 5 (HCS CSSSSJR 5(FIN) am H), proposing an amendment to art.                                        
28 IX, Constitution of the State of Alaska, creating the budget reserve fund in 1990.