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HCS CSSJR 23(JUD): Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit and a spending limit.

00 HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 23(JUD) 01 Proposing amendments to the Constitution of the State of Alaska relating to an 02 appropriation limit and a spending limit. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. Article IX, sec. 16, Constitution of the State of Alaska, is repealed and 05 readopted to read: 06 Section 16. Appropriation and Spending Limit. (a) Appropriations made 07 for a fiscal year shall not exceed by more than four percent the amount appropriated 08 for the fiscal year two years preceding the fiscal year for which the appropriations are 09 made. This subsection does not apply to 10 (1) an appropriation to the Alaska permanent fund; 11 (2) an appropriation of Alaska permanent fund income for payments of 12 permanent fund dividends to State residents; 13 (3) an appropriation to meet a state of disaster declared by the 14 governor as prescribed by law; 15 (4) an appropriation for the Alaska Railroad; 16 (5) an appropriation of State general obligation and revenue bond

01 proceeds; 02 (6) an appropriation required to pay obligations under general 03 obligation bonds, revenue bonds, and certificates of participation issued by the State; 04 (7) an appropriation of money received from the federal government; 05 (8) a reappropriation of money already appropriated under an 06 unobligated appropriation that is not void under Section 13 of this article; 07 (9) an appropriation of money for expenditure by a State agency to 08 provide services to another State agency that has also received an appropriation of the 09 same money; and 10 (10) an appropriation made under (b) or (c) of this section. 11 (b) An appropriation that exceeds the limit under (a) of this section may be 12 made for any public purpose upon affirmative vote of at least two-thirds of the 13 members of each house of the legislature. The total amount of appropriations under 14 this subsection made for a fiscal year may not exceed two percent of the amount 15 appropriated for the fiscal year two years preceding the fiscal year for which the 16 appropriations are made. 17 (c) An appropriation that exceeds the limit under (a) and (b) of this section 18 may be made for any public purpose upon affirmative vote of at least three-fourths of 19 the members of each house of the legislature. The total amount of appropriations 20 under this subsection made for a fiscal year may not exceed two percent of the amount 21 appropriated for the fiscal year two years preceding the fiscal year for which the 22 appropriations are made. 23 (d) If appropriations for a fiscal year exceed the amount that may be 24 appropriated under (a) - (c) of this section, the governor shall reduce expenditures by 25 the executive branch for its operation and administration to the extent necessary to 26 avoid spending more than the amount that may be appropriated under (a) - (c) of this 27 section. 28 * Sec. 2. Article XV, Constitution of the State of Alaska, is amended by adding a new 29 section to read: 30 Section 30. Transition; Reconsideration of Appropriation and Spending 31 Limit. (a) Notwithstanding the provision in Section 16(a) of the Article IX that

01 appropriations for a fiscal year shall not exceed by more than four percent the amount 02 appropriated for the fiscal year two years preceding the fiscal year for which 03 appropriations are made, appropriations made for 04 (1) fiscal year 2004 under Section 16(a) of Article IX shall not exceed 05 $3,328,000,000 excluding appropriations under Section 16(a)(1) - (10) of Article IX; 06 and 07 (2) fiscal year 2005 under Section 16(a) of Article IX shall not exceed 08 $3,394,000,000 excluding appropriations under Section 16(a)(1) - (10) of Article IX. 09 (b) If the 2002 amendment relating to an appropriation and spending limit (art. 10 IX, sec. 16) is adopted, the lieutenant governor shall place the ballot title and 11 proposition for the amendment on the ballot again at the general election in 2006 and 12 every six years thereafter unless it is rejected. If the majority of those voting on the 13 proposition rejects the proposition, Section 16 of Article IX is repealed on the date the 14 election is certified. 15 * Sec. 3. The amendments proposed by this resolution shall be placed before the voters of 16 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 17 State of Alaska, and the election laws of the state.