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CSHJR 49(TRA): Proposing amendments to the Constitution of the State of Alaska creating a transportation fund.

00 CS FOR HOUSE JOINT RESOLUTION NO. 49(TRA)                                                                               
01 Proposing amendments to the Constitution of the State of Alaska creating a                                              
02 transportation fund.                                                                                                    
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  Article IX, sec. 7, Constitution of the State of Alaska, is repealed and readopted                     
05 to read:                                                                                                                
06  SECTION 7.  DEDICATED FUNDS.  The proceeds of any State tax or license                                                
07 shall not be dedicated to any special purpose.  This provision shall not prohibit the                                   
08 continuance of any dedication for special purposes existing on April 24, 1956, and shall                                
09 not prohibit the dedication of revenue under Section 15 or Section 18 of this article, or                               
10 when required by the federal government for State participation in federal programs.                                    
11    * Sec. 2.  Article IX, Constitution of the State of Alaska, is amended by adding a new section                       
12 to read:                                                                                                                
13  SECTION 18.  TRANSPORTATION FUND.  (a)  The revenue received after                                                    
14 June 30, 1997, from State taxes on fuel used for the propulsion of motor vehicles and                                   
01 watercraft, less refunds, credits, and the costs of collection of those taxes as provided by                            
02 law, shall be placed in a transportation fund.  Except as provided in (d) of this section,                              
03 the legislature may appropriate money from the transportation fund only for                                             
04   (1)  the maintenance costs of roads and highways by the State or local                                               
05 governments if the money was derived from taxes on fuel used for the propulsion of                                      
06 motor vehicles or from the income earned from managing and investing the money                                          
07 derived from or attributable to the taxes on fuel used for the propulsion of motor                                      
08 vehicles; and                                                                                                           
09   (2)  the construction and improvement of harbor facilities if the money                                              
10 was derived from taxes on fuel used for the propulsion of watercraft or from the income                                 
11 earned from managing and investing the money derived from or attributable to the taxes                                  
12 on fuel used for the propulsion of watercraft.                                                                          
13  (b)  This section does not apply to revenue received from taxes that the State                                        
14 collects on behalf of a local government.                                                                               
15  (c)  The legislature shall provide by law for the management and investment of                                        
16 the transportation fund balance.  The income earned from the management and                                             
17 investment of the fund shall be deposited into the fund.                                                                
18  (d)  An appropriation from the transportation fund for a public purpose other than                                    
19 one described in (a) of this section may be made upon an affirmative vote of three-fifths                               
20 of the members of each house of the legislature.                                                                        
21    * Sec. 3.  The amendments proposed by this resolution shall be placed before the voters of                           
22 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the State                  
23 of Alaska, and the election laws of the state.