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CSSJR 4(JUD): 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, relating to effective dates of laws, and relating to the initiative process.

00 CS FOR SENATE JOINT RESOLUTION NO. 4(JUD) 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 state, 03 relating to effective dates of laws, and relating to the initiative process. 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. Article II, sec. 18, Constitution of the State of Alaska, is amended to read: 06 Section 18. Effective Date. Laws passed by the legislature become effective 07 ninety days after enactment. The legislature may, by concurrence of two-thirds of the 08 membership of each house, provide for another effective date. This section does not 09 apply to a law establishing a State tax or increasing a State tax under Section 1(b) 10 of Article IX. 11 * Sec. 2. Article IX, sec. 1, Constitution of the State of Alaska, is amended to read: 12 Section 1. Taxing Power. (a) The power of taxation shall never be 13 surrendered. This power shall not be suspended or contracted away, except as 14 provided in this article. 15 * Sec. 3. Article IX, sec. 1, Constitution of the State of Alaska, is amended by adding new

01 subsections to read: 02 (b) A law enacted under Sections 14 - 17 of Article II that establishes a state 03 tax or increases the nominal rate of an existing state tax shall not take effect unless it is 04 approved by the voters of the State in the first statewide election held more than one 05 hundred twenty days after the enactment of the law. The lieutenant governor shall 06 prepare a ballot title and proposition summarizing the law, and shall place them on the 07 ballot. If a majority of the votes cast on the proposition favor its adoption, the law 08 becomes effective on January 1 of the fiscal year following the fiscal year in which the 09 lieutenant governor certifies the election returns or, if an effective date is provided, on 10 the effective date provided for by concurrence of two-thirds of the membership of 11 each house. If a majority of the votes cast on the proposition favor its rejection, the 12 law is rejected and does not take effect. 13 (c) Unless rejected by the legislature under this subsection, a law enacted by 14 voters through the initiative process under Article XI that establishes a tax or increases 15 the nominal rate of an existing tax takes effect January 1 of the fiscal year following 16 the fiscal year in which the law is enacted by voters. The legislature shall have the first 17 sixty days of the next regular session beginning after the initiative election, or a full 18 session if of shorter duration, to reject the initiated law. The law must be rejected by 19 resolution concurred in by a majority of the members in joint session. If the legislature 20 rejects the initiated law, the initiated law does not take effect. 21 * Sec. 4. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read: 22 Section 6. Enactment. If a majority of the votes cast on the proposition favor 23 its adoption, the initiated measure is enacted. If a majority of the votes cast on the 24 proposition favor the rejection of an act referred, it is rejected. The lieutenant governor 25 shall certify the election returns. Except as provided in Section 1(c) of Article IX, 26 an [AN] initiated law becomes effective ninety days after certification, is not subject 27 to veto, and may not be repealed by the legislature within two years of its effective 28 date. It may be amended at any time. An act rejected by referendum is void thirty days 29 after certification. Additional procedures for the initiative and referendum may be 30 prescribed by law. 31 * Sec. 5. 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.