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CSSJR 4(STA): Proposing amendments to the Constitution of the State of Alaska prohibiting the establishment of, or increase to, a state tax without the approval of the voters of the state; and relating to the initiative process.

00 CS FOR SENATE JOINT RESOLUTION NO. 4(STA) 01 Proposing amendments to the Constitution of the State of Alaska prohibiting the 02 establishment of, or increase to, a state tax without the approval of the voters of the 03 state; and relating to the initiative process. 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. Article IX, sec. 1, Constitution of the State of Alaska, is amended to read: 06 Section 1. Taxing Power. (a) The power of taxation shall never be 07 surrendered. This power shall not be suspended or contracted away, except as 08 provided in this article. 09 * Sec. 2. Article IX, sec. 1, Constitution of the State of Alaska, is amended by adding new 10 subsections to read: 11 (b) Notwithstanding Section 18 of Article II, a law enacted under Sections 14 - 12 17 of Article II that establishes a state tax or increases the rate of an existing state tax 13 shall not take effect unless it is approved by the voters of the State in the first 14 statewide election held more than one hundred twenty days after the enactment of the 15 law. The lieutenant governor shall prepare a ballot title and proposition summarizing

01 the law, and shall place them on the ballot. If a majority of the votes cast on the 02 proposition favor its adoption, the law becomes effective on the later of ninety days 03 after the lieutenant governor certifies the election returns or an effective date provided 04 for by concurrence of two-thirds of the membership of each house. If a majority of the 05 votes cast on the proposition favor its rejection, the law is rejected and does not take 06 effect. 07 (c) A law enacted by the voters through the initiative process under Article XI 08 that establishes a state tax or increases the rate of an existing state tax shall not take 09 effect unless the legislature, by resolution, approves the initiated law by a majority 10 vote in joint session before the adjournment of the next regular session occurring after 11 the lieutenant governor certifies the election returns. If approved by the legislature, the 12 initiated law becomes effective ninety days after approval. If the legislature fails to 13 approve the initiated law before the adjournment of the regular session, the initiated 14 law is rejected and does not take effect. 15 * Sec. 3. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read: 16 Section 6. Enactment. If a majority of the votes cast on the proposition favor 17 its adoption, the initiated measure is enacted. If a majority of the votes cast on the 18 proposition favor the rejection of an act referred, it is rejected. The lieutenant governor 19 shall certify the election returns. Except as provided in Section 1 of Article IX, an 20 [AN] initiated law becomes effective ninety days after certification, is not subject to 21 veto, and may not be repealed by the legislature within two years of its effective date. 22 It may be amended at any time. An act rejected by referendum is void thirty days after 23 certification. Additional procedures for the initiative and referendum may be 24 prescribed by law. 25 * Sec. 4. The amendments proposed by this resolution shall be placed before the voters of 26 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 27 State of Alaska, and the election laws of the state.