CSHB 38(W&M): "An Act relating to an appropriation limit; relating to the budget responsibilities of the governor; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 38(W&M) 01 "An Act relating to an appropriation limit; relating to the budget responsibilities of the 02 governor; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.05.540(b) is amended to read: 05 (b) Except for appropriations to the permanent fund or for Alaska permanent 06 fund dividends, appropriations to the budget reserve fund, appropriations of revenue 07 bond and general obligation bond proceeds, appropriations required to pay the 08 principal of and interest on revenue bonds and general obligation bonds, 09 appropriations to a state account or fund that requires a subsequent 10 appropriation from that account or fund as prescribed by law, appropriations to 11 meet a state of disaster declared by the governor as prescribed by law, [AND] 12 appropriations of money received from a nonstate source in trust for a specific 13 purpose, including revenue of a public enterprise or public corporation of the state that 14 issues revenue bonds, appropriations from the mental health trust settlement income
01 account (AS 37.14.036), and appropriations made to the mental health trust fund 02 (AS 37.14.031), appropriations from the treasury made for [IN] a fiscal year may not 03 exceed an amount equal to 11 percent of the average of the value of the real gross 04 domestic product of the state as estimated by the state government as prescribed 05 by law, expressed in current dollars, for the five calendar years immediately 06 preceding the previous fiscal year. The value of the real gross domestic product 07 in this section may not include expenditures for government spending 08 [APPROPRIATIONS MADE IN THE PRECEDING FISCAL YEAR BY MORE 09 THAN FIVE PERCENT PLUS THE CHANGE IN POPULATION AND 10 INFLATION SINCE THE BEGINNING OF THE PRECEDING FISCAL YEAR]. 11 For purposes of applying this limit, an appropriation is considered to be made in the 12 fiscal year in which it is enacted and a reappropriation remains attributed to the fiscal 13 year in which the original appropriation is enacted. [THE DETERMINATION OF 14 THE CHANGE IN POPULATION FOR PURPOSES OF THIS SUBSECTION 15 SHALL BE BASED ON AN ANNUAL ESTIMATE OF POPULATION BY THE 16 DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT. THE 17 DETERMINATION OF THE CHANGE IN INFLATION FOR PURPOSES OF THIS 18 SUBSECTION SHALL BE BASED ON THE CONSUMER PRICE INDEX FOR 19 ALL URBAN CONSUMERS FOR ANCHORAGE PREPARED BY THE UNITED 20 STATES BUREAU OF LABOR STATISTICS.] The amount of money received by 21 the state that is subject to the appropriation limit includes the balance in the general 22 fund carried forward from the preceding fiscal year. 23 * Sec. 2. AS 37.07.020 is amended by adding a new subsection to read: 24 (f) In addition to the budget and bills submitted under (a) of this section and 25 the capital improvements program and fiscal plan submitted under (b) of this section, 26 the governor shall submit a report with a calculation of appropriations provided in the 27 budget prepared under (a) of this section as applied to the appropriation limit under 28 AS 37.05.540. The governor shall update the report upon submission of the governor's 29 supplemental appropriation bills and the governor's budget amendments in accordance 30 with the time limits prescribed in AS 37.07.070. 31 * Sec. 3. AS 37.05.540(e) is repealed.
01 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 CONDITIONAL EFFECT. This Act is contingent on enactment into law of an 04 amendment to art. IX, sec. 16, Constitution of the State of Alaska, changing the appropriation 05 limit to provide that 06 (1) appropriations from the treasury made for a fiscal year may not exceed an 07 amount equal to a percentage of the average of the value of the real gross domestic product of 08 the state as estimated by the state government as prescribed by law, expressed in current 09 dollars, for the five calendar years immediately preceding the previous fiscal year; and 10 (2) general obligation bond proceeds, appropriations required to pay the 11 principal of and interest on revenue bonds, appropriations to a state account or fund that 12 requires a subsequent appropriation from that account or fund as prescribed by law, and 13 appropriations to meet a state of disaster declared by the governor as prescribed by law must 14 be excluded when calculating the appropriation limit. 15 * Sec. 5. This Act takes effect July 1, 2024.