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HB 369: "An Act relating to an appropriation limit; and providing for an effective date."

00 HOUSE BILL NO. 369 01 "An Act relating to an appropriation limit; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 LEGISLATIVE INTENT. It is the intent of the legislature that the legislature 06 reevaluate the statutory appropriation limit under AS 37.05.545, enacted by sec. 3 of this Act, 07 three years after the effective date of sec. 3 of this Act. 08 * Sec. 2. AS 37.05.540(a) is amended to read: 09 (a) There is established as a separate fund in the state treasury the budget 10 reserve fund. The budget reserve fund consists of appropriations to the fund. 11 [MONEY RECEIVED BY THE STATE THAT IS SUBJECT TO THE 12 APPROPRIATION LIMIT UNDER (b) OF THIS SECTION AND THAT EXCEEDS 13 THAT LIMIT, MAY BE APPROPRIATED TO THE BUDGET RESERVE FUND.] 14 * Sec. 3. AS 37.05 is amended by adding a new section to read: 15 Sec. 37.05.545. Appropriation limit. (a) Unrestricted general fund

01 appropriations made for a fiscal year may not exceed $4,100,000,000 by more than the 02 cumulative change in inflation since January 1, 2018, derived from federal indices. 03 The determination of the change in inflation for purposes of this subsection shall be 04 based on the Consumer Price Index for all urban consumers for Anchorage prepared 05 by the United States Bureau of Labor Statistics. 06 (b) The appropriation limit in (a) of this section does not apply to an 07 appropriation 08 (1) to the Alaska permanent fund; 09 (2) for payment of permanent fund dividends; 10 (3) required to pay debt obligations of the state; 11 (4) for a capital project; or 12 (5) to meet a state of disaster declared by the governor under 13 AS 26.23.020. 14 (c) A designated general fund appropriation is subject to the appropriation 15 limit under (a) of this section if the 16 (1) appropriation replaced unrestricted general funds with designated 17 general funds, as compared to the appropriations for the operating expenditures of 18 state government for fiscal year 2019, enacted on or before July 1, 2018; and 19 (2) unrestricted general funds that are replaced with designated general 20 funds are not due to increased designated general fund revenue. 21 (d) In this section, 22 (1) "capital project" has the meaning given in AS 37.07.120; 23 (2) "designated general fund" means money deposited in the state 24 treasury that has been dedicated or designated for use by the Constitution of the State 25 of Alaska or by law; 26 (3) "unrestricted general fund" means money deposited in the state 27 treasury that has not been dedicated or designated for use by the Constitution of the 28 State of Alaska or by law; "unrestricted general fund" does not include program 29 receipts, as described in AS 37.05.146, or reappropriations. 30 * Sec. 4. AS 37.05.540(b), 37.05.540(c), and 37.05.540(e) are repealed. 31 * Sec. 5. This Act takes effect July 1, 2018.