Difference between revisions of "Article IX, Alaska Constitution"

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{{AKConstitution}}{{tnr}}'''Articles IX''' of the [[Alaska Constitution]] is entitled '''Finance and Taxation''' and contains 17 sections.
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{{AKConstitution}}{{tnr}}'''Articles IX''' of the [[Alaska Constitution]] is entitled '''Finance and Taxation''' and contains 17 sections. Article IX describes what entities are eligible for taxation, under what conditions a taxable entity becomes exempt, and that taxable entities will not undergo any discrimination. Article IX goes on to read that money received from taxes will be used only for the public good and shall not be used for special projects unless specified. Furthermore, Article IX states that the governor must create and submit an approved budget to the legislature, and that the legislature shall appoint an accountant dedicated to the overview of this budget. Terms governing the aforementioned budget are also listed within Article IX.
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Article IX has been amended 4 times, the first time in 1976 and most recently in 1990.  The [[Alaska Permanent Fund Amendment (1976)]] amended both sections seven and fifteen.
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* [[Alaska Permanent Fund Amendment (1976)]]
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* [[Alaska Authorization to Issue Veterans’ Housing Bonds Amendment (1982)]]
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* [[Alaska Limitation on State Budget Appropriations Amendment (1982)]]
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* [[Alaska Budget Reserve Amendment (1990)]]
  
 
==Section 1==
 
==Section 1==
  
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==Section 2==
 
==Section 2==
  
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==Section 3==
 
==Section 3==
  
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==Section 4==
 
==Section 4==
  
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==Section 5==
 
==Section 5==
  
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==Section 6==
 
==Section 6==
  
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==Section 7==
 
==Section 7==
  
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==Section 8==
 
==Section 8==
  
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==Section 9==
 
==Section 9==
  
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==Section 10==
 
==Section 10==
  
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==Section 11==
 
==Section 11==
  
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==Section 12==
 
==Section 12==
  
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==Section 13==
 
==Section 13==
  
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==Section 14==
 
==Section 14==
  
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==Section 15==
 
==Section 15==
  
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'''Alaska Permanent Fund'''
 
'''Alaska Permanent Fund'''
  
At least twenty-five per cent of all mineral lease rentals, royalties, royalty sale proceeds, federal mineral revenue sharing payments and bonuses received by the State shall be placed in a permanent fund, the principal of which shall be used only for those income-producing investments specifically designated by law as eligible for permanent fund investments. All income from the permanent fund shall be deposited in the general fund unless otherwise provided by law. [Amended 1976]
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At least twenty-five per cent of all mineral lease rentals, royalties, royalty sale proceeds, federal mineral revenue sharing payments and bonuses received by the State shall be placed in a permanent fund, the principal of which shall be used only for those income-producing investments specifically designated by law as eligible for permanent fund investments. All income from the permanent fund shall be deposited in the general fund unless otherwise provided by law.
  
 
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===Amendments===
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* [[Alaska Permanent Fund Amendment (1976)]]
  
 
==Section 16==
 
==Section 16==
  
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'''Appropriation Limit'''
 
'''Appropriation Limit'''
  
Except for appropriations for Alaska permanent fund dividends, appropriations of revenue bond proceeds, appropriations required to pay the principal and interest on general obligation bonds, and appropriations of money received from a non-State source in trust for a specific purpose, including revenues of a public enterprise or public corporation of the State that issues revenue bonds, appropriations from the treasury made for a fiscal year shall not exceed $2,500,000,000 by more than the cumulative change, derived from federal indices as prescribed by law, in population and inflation since July 1, 1981. Within this limit, at least one-third shall be reserved for capital projects and loan appropriations. The legislature may exceed this limit in bills for appropriations to the Alaska permanent fund and in bills for appropriations for capital projects, whether of bond proceeds or otherwise, if each bill is approved by the governor, or passed by affirmative vote of three-fourths of the membership of the legislature over a veto or item veto, or becomes law without signature, and is also approved by the voters as prescribed by law. Each bill for appropriations for capital projects in excess of the limit shall be confined to capital projects of the same type, and the voters shall, as provided by law, be informed of the cost of operations and maintenance of the capital projects. No other appropriation in excess of this limit may be made except to meet a state of disaster declared by the governor as prescribed by law. The governor shall cause any unexpended and unappropriated balance to be invested so as to yield competitive market rates to the treasury. [Amended 1982]
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Except for appropriations for Alaska permanent fund dividends, appropriations of revenue bond proceeds, appropriations required to pay the principal and interest on general obligation bonds, and appropriations of money received from a non-State source in trust for a specific purpose, including revenues of a public enterprise or public corporation of the State that issues revenue bonds, appropriations from the treasury made for a fiscal year shall not exceed $2,500,000,000 by more than the cumulative change, derived from federal indices as prescribed by law, in population and inflation since July 1, 1981. Within this limit, at least one-third shall be reserved for capital projects and loan appropriations. The legislature may exceed this limit in bills for appropriations to the Alaska permanent fund and in bills for appropriations for capital projects, whether of bond proceeds or otherwise, if each bill is approved by the governor, or passed by affirmative vote of three-fourths of the membership of the legislature over a veto or item veto, or becomes law without signature, and is also approved by the voters as prescribed by law. Each bill for appropriations for capital projects in excess of the limit shall be confined to capital projects of the same type, and the voters shall, as provided by law, be informed of the cost of operations and maintenance of the capital projects. No other appropriation in excess of this limit may be made except to meet a state of disaster declared by the governor as prescribed by law. The governor shall cause any unexpended and unappropriated balance to be invested so as to yield competitive market rates to the treasury.
  
 
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===Amendments===
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* [[Alaska Limitation on State Budget Appropriations Amendment (1982)]]
  
 
==Section 17==
 
==Section 17==
  
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:(c) An appropriation from the budget reserve fund may be made for any public purpose upon affirmative vote of three-fourths of the members of each house of the legislature.
 
:(c) An appropriation from the budget reserve fund may be made for any public purpose upon affirmative vote of three-fourths of the members of each house of the legislature.
  
:(d) If an appropriation is made from the budget reserve fund, until the amount appropriated is repaid, the amount of money in the general fund available for appropriation at the end of each succeeding fiscal year shall be deposited in the budget reserve fund. The legislature shall implement this subsection by law. [Amended 1990]
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:(d) If an appropriation is made from the budget reserve fund, until the amount appropriated is repaid, the amount of money in the general fund available for appropriation at the end of each succeeding fiscal year shall be deposited in the budget reserve fund. The legislature shall implement this subsection by law.
  
 
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===Amendments===
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* [[Alaska Budget Reserve Amendment (1990)]]
  
 
==External links==
 
==External links==
* [http://ltgov.state.ak.us/constitution.php?section=9 Alaska Constitution, Article IX]
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* [http://ltgov.alaska.gov/treadwell/services/alaska-constitution/article-ix-96-finance-and-taxation.html Alaska Constitution, Article IX]
  
 
==Navigation==
 
==Navigation==
 
{{Alaska Constitution}}
 
{{Alaska Constitution}}

Revision as of 16:07, 25 June 2013

Alaska Constitution
Seal of Alaska.jpg
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXV
Ordinances
123
Amendments
Articles IX of the Alaska Constitution is entitled Finance and Taxation and contains 17 sections. Article IX describes what entities are eligible for taxation, under what conditions a taxable entity becomes exempt, and that taxable entities will not undergo any discrimination. Article IX goes on to read that money received from taxes will be used only for the public good and shall not be used for special projects unless specified. Furthermore, Article IX states that the governor must create and submit an approved budget to the legislature, and that the legislature shall appoint an accountant dedicated to the overview of this budget. Terms governing the aforementioned budget are also listed within Article IX.

Article IX has been amended 4 times, the first time in 1976 and most recently in 1990. The Alaska Permanent Fund Amendment (1976) amended both sections seven and fifteen.

Section 1

Text of Section 1:

Taxing Power

The power of taxation shall never be surrendered. This power shall not be suspended or contracted away, except as provided in this article.

Section 2

Text of Section 2:

Nondiscrimination

The lands and other property belonging to citizens of the United States residing without the State shall never be taxed at a higher rate than the lands and other property belonging to the residents of the State.

Section 3

Text of Section 3:

Assessment Standards

Standards for appraisal of all property assessed by the State or its political subdivisions shall be prescribed by law.

Section 4

Text of Section 4:

Exemptions

The real and personal property of the State or its political subdivisions shall be exempt from taxation under conditions and exceptions which may be provided by law. All, or any portion of, property used exclusively for non-profit religious, charitable, cemetery, or educational purposes, as defined by law, shall be exempt from taxation. Other exemptions of like or different kind may be granted by general law. All valid existing exemptions shall be retained until otherwise provided by law.

Section 5

Text of Section 5:

Interests in Government Property

Private leaseholds, contracts, or interests in land or property owned or held by the United States, the State, or its political subdivisions, shall be taxable to the extent of the interests.

Section 6

Text of Section 6:

Public Purpose

No tax shall be levied, or appropriation of public money made, or public property transferred, nor shall the public credit be used, except for a public purpose.

Section 7

Text of Section 7:

Dedicated Funds

The proceeds of any state tax or license shall not be dedicated to any special purpose, except as provided in section 15 of this article or when required by the federal government for state participation in federal programs. This provision shall not prohibit the continuance of any dedication for special purposes existing upon the date of ratification of this section by the people of Alaska.

Amendments

Section 8

Text of Section 8:

State Debt

No state debt shall be contracted unless authorized by law for capital improvements or unless authorized by law for housing loans for veterans, and ratified by a majority of the qualified voters of the State who vote on the question. The State may, as provided by law and without ratification, contract debt for the purpose of repelling invasion, suppressing insurrection, defending the State in war, meeting natural disasters, or redeeming indebtedness outstanding at the time this constitution becomes effective.

Amendments

Section 9

Text of Section 9:

Local Debts

No debt shall be contracted by any political subdivision of the State, unless authorized for capital improvements by its governing body and ratified by a majority vote of those qualified to vote and voting on the question.

Section 10

Text of Section 10:

Interim Borrowing

The State and its political subdivisions may borrow money to meet appropriations for any fiscal year in anticipation of the collection of the revenues for that year, but all debt so contracted shall be paid before the end of the next fiscal year.

Section 11

Text of Section 11:

Exceptions

The restrictions on contracting debt do not apply to debt incurred through the issuance of revenue bonds by a public enterprise or public corporation of the State or a political subdivision, when the only security is the revenues of the enterprise or corporation. The restrictions do not apply to indebtedness to be paid from special assessments on the benefited property, nor do they apply to refunding indebtedness of the State or its political subdivisions.

Section 12

Text of Section 12:

Budget

The governor shall submit to the legislature, at a time fixed by law, a budget for the next fiscal year setting forth all proposed expenditures and anticipated income of all departments, offices, and agencies of the State. The governor, at the same time, shall submit a general appropriation bill to authorize the proposed expenditures, and a bill or bills covering recommendations in the budget for new or additional revenues.

Section 13

Text of Section 13:

Expenditures

No money shall be withdrawn from the treasury except in accordance with appropriations made by law. No obligation for the payment of money shall be incurred except as authorized by law. Unobligated appropriations outstanding at the end of the period of time specified by law shall be void.

Section 14

Text of Section 14:

Legislative Post-Audit

The legislature shall appoint an auditor to serve at its pleasure. He shall be a certified public accountant. The auditor shall conduct post-audits as prescribed by law and shall report to the legislature and to the governor.

Section 15

Text of Section 15:

Alaska Permanent Fund

At least twenty-five per cent of all mineral lease rentals, royalties, royalty sale proceeds, federal mineral revenue sharing payments and bonuses received by the State shall be placed in a permanent fund, the principal of which shall be used only for those income-producing investments specifically designated by law as eligible for permanent fund investments. All income from the permanent fund shall be deposited in the general fund unless otherwise provided by law.

Amendments

Section 16

Text of Section 16:

Appropriation Limit

Except for appropriations for Alaska permanent fund dividends, appropriations of revenue bond proceeds, appropriations required to pay the principal and interest on general obligation bonds, and appropriations of money received from a non-State source in trust for a specific purpose, including revenues of a public enterprise or public corporation of the State that issues revenue bonds, appropriations from the treasury made for a fiscal year shall not exceed $2,500,000,000 by more than the cumulative change, derived from federal indices as prescribed by law, in population and inflation since July 1, 1981. Within this limit, at least one-third shall be reserved for capital projects and loan appropriations. The legislature may exceed this limit in bills for appropriations to the Alaska permanent fund and in bills for appropriations for capital projects, whether of bond proceeds or otherwise, if each bill is approved by the governor, or passed by affirmative vote of three-fourths of the membership of the legislature over a veto or item veto, or becomes law without signature, and is also approved by the voters as prescribed by law. Each bill for appropriations for capital projects in excess of the limit shall be confined to capital projects of the same type, and the voters shall, as provided by law, be informed of the cost of operations and maintenance of the capital projects. No other appropriation in excess of this limit may be made except to meet a state of disaster declared by the governor as prescribed by law. The governor shall cause any unexpended and unappropriated balance to be invested so as to yield competitive market rates to the treasury.

Amendments

Section 17

Text of Section 17:

Budget Reserve Fund

(a) There is established as a separate fund in the State treasury the budget reserve fund. Except for money deposited into the permanent fund under section 15 of this article, all money received by the State after July 1, 1990, as a result of the termination, through settlement or otherwise, of an administrative proceeding or of litigation in a State or federal court involving mineral lease bonuses, rentals, royalties, royalty sale proceeds, federal mineral revenue sharing payments or bonuses, or involving taxes imposed on mineral income, production, or property, shall be deposited in the budget reserve fund. Money in the budget reserve fund shall be invested so as to yield competitive market rates to the fund. Income of the fund shall be retained in the fund. section 7 of this article does not apply to deposits made to the fund under this subsection. Money may be appropriated from the fund only as authorized under (b) or (c) of this section.
(b) If the amount available for appropriation for a fiscal year is less than the amount appropriated for the previous fiscal year, an appropriation may be made from the budget reserve fund. However, the amount appropriated from the fund under this subsection may not exceed the amount necessary, when added to other funds available for appropriation, to provide for total appropriations equal to the amount of appropriations made in the previous calendar year for the previous fiscal year.
(c) An appropriation from the budget reserve fund may be made for any public purpose upon affirmative vote of three-fourths of the members of each house of the legislature.
(d) If an appropriation is made from the budget reserve fund, until the amount appropriated is repaid, the amount of money in the general fund available for appropriation at the end of each succeeding fiscal year shall be deposited in the budget reserve fund. The legislature shall implement this subsection by law.

Amendments

External links

Navigation