SCS CSHB 58(FIN): "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska."
00SENATE CS FOR CS FOR HOUSE BILL NO. 58(FIN) 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 that are received by the state for each tax year for 11 which a request for an informal conference under AS 43.05.240(a) is made to the 12 Department of Revenue, together with penalties and interest on the taxes; 13 (2) past due taxes that are received by the state after a request for a 14 formal hearing under AS 43.05.240(b)(1) is made to the Department of Revenue,
01 together with penalties and interest on the taxes. 02 (b) Money received by the state under the following conditions is not 03 considered to be received as the result of the termination of an administrative 04 proceeding for purposes of applying art. IX, sec. 17(a), Constitution of the State of 05 Alaska: 06 (1) taxes that are not due at the time the request for the proceeding was 07 made under AS 43.05.240(a) or (b)(1); 08 (2) taxes set out in a return not audited by the Department of Revenue 09 at the date of collection; or 10 (3) taxes collected for a tax year for which the taxpayer did not give 11 notice of appeal of an assessment made by the Department of Revenue. 12 Sec. 37.10.420. MONEY AVAILABLE FOR APPROPRIATION. (a) For 13 purposes of applying art. IX, sec. 17(b), Constitution of the State of Alaska, 14 (1) "the amount available for appropriation" or "funds available for 15 appropriation" means 16 (A) the unrestricted revenue accruing to the general fund during 17 the fiscal year; 18 (B) general fund program receipts as defined in AS 37.05.146; 19 (C) the unreserved, undesignated general fund balance carried 20 forward from the preceding fiscal year that is not subject to the repayment 21 obligation imposed by art. IX, sec. 17(d), Constitution of the State of Alaska; 22 and 23 (D) the balance in the statutory budget reserve fund established 24 in AS 37.05.540; 25 (2) "the amount appropriated for the previous fiscal year" means the 26 amount appropriated from the 27 (A) constitutional budget reserve fund under the authority 28 granted in art. IX, sec. 17, Constitution of the State of Alaska; and 29 (B) same revenue sources used to calculate the money available 30 for appropriation for the current fiscal year; and 31 (3) "the amount of appropriations made in the previous calendar year
01 for the previous fiscal year" means appropriations made from sources identified in (2) 02 of this subsection for a fiscal year that were enacted during the calendar year that ends 03 on December 31 of that same fiscal year. 04 (b) If the amount appropriated from the budget reserve fund has not been 05 repaid under art. IX, sec. 17(d), Constitution of the State of Alaska, the Department 06 of Administration shall transfer to the budget reserve fund the amount of money 07 comprising the unreserved, undesignated general fund balance to be carried forward 08 as of June 30 of the fiscal year, or as much of it as is necessary to complete the 09 repayment. The transfer shall be made on or before December 16 of the following 10 fiscal year. 11 (c) In this section, "unrestricted revenue accruing to the general fund" or 12 "unreserved, undesignated general fund balance carried forward" is money not 13 restricted by law to a specific use that accrues to the general fund according to 14 accepted principles of governmental or fund accounting adopted for the state 15 accounting system established under AS 37.05.150 in effect on July 1, 1990. 16 (d) An appropriation under art. IX, sec. 17(b), Constitution of the State of 17 Alaska, requires an affirmative vote of the majority of the members of each house of 18 the legislature. An appropriation under art. IX, sec. 17(c) requires an affirmative vote 19 of three-fourths of the members of each house of the legislature. 20 * Sec. 2. The provisions of sec. 1 of this Act, are declaratory of existing law and represent 21 the intent of the legislature when the Sixteenth Alaska State Legislature passed Senate Joint 22 Resolution No. 5 (HCS CSSSSJR 5(FIN) am H), proposing an amendment to art. IX, 23 Constitution of the State of Alaska, creating the budget reserve fund in 1990.