00CS FOR HOUSE JOINT RESOLUTION NO. 5(TRA)                                                                              
01 Proposing amendments to the Constitution of the State of Alaska creating a                                              
02 highway fund, a marine highway fund, and a harbor 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  Article IX, sec. 7, Constitution of the State of Alaska, is repealed and                             
05 readopted to read:                                                                                                      
06  Section 7.  Dedicated Funds.  The proceeds of any State tax or license shall not                                    
07 be dedicated to any special purpose.  This provision shall not prohibit the continuance                                 
08 of any dedication for special purposes existing on April 24, 1956, and shall not prohibit                               
09 the dedication of revenue under Sections 15, 18, 19, or 20 of this article, or when                                     
10 required by the federal government for State participation in federal programs.                                         
11    * Sec. 2.  Article IX, Constitution of the State of Alaska, is amended by adding new sections                      
12 to read:                                                                                                                
13  Section 18.  Highway Fund.  (a)  The revenue received after June 30, 2001,                                          
14 from State taxes on fuel used for the propulsion of motor vehicles designed for and                                     

01 ordinarily used on highways or roads, less refunds, credits, and the costs of collection                                
02 of those taxes as provided by law, shall be placed in a highway fund.  Except as                                        
03 provided in (d) of this section, the legislature may appropriate money from the highway                                 
04 fund only for the maintenance costs of roads, highways, and public transit systems that                                 
05 are maintained by the State or a local government.                                                                      
06  (b)  This section does not apply to revenue received from taxes that the State                                        
07 collects on behalf of a local government.                                                                               
08  (c)  The legislature shall provide by law for the management and investment of                                        
09 the highway fund balance.  The income earned from the management and investment of                                      
10 the highway fund shall be deposited into the fund.                                                                      
11  (d)  An appropriation from the highway fund for a public purpose other than one                                       
12 described in (a) of this section may be made upon an affirmative vote of three-fifths of                                
13 the members of each house of the legislature.                                                                           
14  Section 19.  Harbor Fund.  (a)  The revenue received after June 30, 2001,                                           
15 from State taxes on fuel used in and on watercraft, less refunds, credits, and the costs                                
16 of collection of those taxes as provided by law, shall be placed in a harbor fund.                                      
17 Except as provided in (d) of this section, the legislature may appropriate money from                                   
18 the harbor fund only for the construction and improvement of harbor facilities that are                                 
19 maintained by the State or a local government.                                                                          
20  (b)  This section does not apply to revenue received from taxes that the State                                        
21 collects on behalf of a local government.                                                                               
22  (c)  The legislature shall provide by law for the management and investment of                                        
23 the harbor fund balance.  The income earned from the management and investment of                                       
24 the harbor fund shall be deposited into the fund.                                                                       
25  (d)  An appropriation from the harbor fund for a public purpose other than one                                        
26 described in (a) of this section may be made upon an affirmative vote of three-fifths of                                
27 the members of each house of the legislature.                                                                           
28  Section 20.  Marine Highway Fund.  (a)  The revenue received after June 30,                                         
29 2001, that is generated from the operation of the Alaska marine highway system,                                         
30 including that derived from vessel operations and uses of Alaska marine highway                                         
31 system facilities, less refunds and credits as provided by law, shall be placed in a                                    

01 marine highway fund.  Except as provided in (c) of this section, the legislature may                                    
02 appropriate money from the marine highway fund only for the maintenance and                                             
03 operational costs of the marine vessels and facilities of the Alaska marine highway                                     
04 system.                                                                                                                 
05  (b)  The legislature shall provide by law for the management and investment                                           
06 of the marine highway fund balance.  The income earned from the management and                                          
07 investment of the marine highway fund shall be deposited into the fund.                                                 
08  (c)  An appropriation from the marine highway fund for a public purpose other                                         
09 than one described in (a) of this section may be made upon an affirmative vote of                                       
10 three-fifths of the members of each house of the legislature.                                                           
11    * Sec. 3.  The amendments proposed by this resolution shall be placed before the voters of                         
12 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the State                  
13 of Alaska, and the election laws of the state.