HJR 10: Proposing amendments to the Constitution of the State of Alaska creating a transportation fund.

00HOUSE 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.