Alaska Statutes
Alaska Stat. § 37.10.420 (2026)
“Money available for appropriation” defined
✓ current as of July 2026
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Sec. 37.10.420. “Money available for appropriation” defined.
(a) For purposes of applying art. IX, sec. 17(b), Constitution of the State of Alaska,
(1) “the amount available for appropriation” or “funds available for appropriation” means
(A) the unrestricted revenue accruing to the general fund during the fiscal year;
(B) general fund program receipts as defined in AS 37.05.146;
(C) the unreserved, undesignated general fund balance carried forward from the preceding fiscal year that is not subject to the repayment obligation imposed by art. IX, sec. 17(d), Constitution of the State of Alaska; and
(D) the balance in the statutory budget reserve fund established in AS 37.05.540;
(2) “the amount appropriated for the previous fiscal year” means the amount appropriated from the
(A) constitutional budget reserve fund under the authority granted in art. IX, sec. 17, Constitution of the State of Alaska; and
(B) same revenue sources used to calculate the money available for appropriation for the current fiscal year; and
(3) “the amount of appropriations made in the previous calendar year for the previous fiscal year” means appropriations made from sources identified in (2) of this subsection for a fiscal year that were enacted during the calendar year that ends on December 31 of that same fiscal year.
(b) If the amount appropriated from the budget reserve fund has not been repaid under art. IX, sec. 17(d), Constitution of the State of Alaska, the Department of Administration shall transfer to the budget reserve fund the amount of money comprising the unreserved, undesignated general fund balance to be carried forward as of June 30 of the fiscal year, or as much of it as is necessary to complete the repayment. The transfer shall be made on or before December 16 of the following fiscal year.
(c) In this section, “unrestricted revenue accruing to the general fund” or “unreserved, undesignated general fund balance carried forward” is money not restricted by law to a specific use that accrues to the general fund according to accepted principles of governmental or fund accounting adopted for the state accounting system established under AS 37.05.150 in effect on July 1, 1990.
(d) An appropriation under art. IX, sec. 17(b), Constitution of the State of Alaska, requires an affirmative vote of the majority of the members of each house of the legislature. An appropriation under art. IX, sec. 17(c) requires an affirmative vote of three-fourths of the members of each house of the legislature.
(a) For purposes of applying art. IX, sec. 17(b), Constitution of the State of Alaska,
(1) “the amount available for appropriation” or “funds available for appropriation” means
(A) the unrestricted revenue accruing to the general fund during the fiscal year;
(B) general fund program receipts as defined in AS 37.05.146;
(C) the unreserved, undesignated general fund balance carried forward from the preceding fiscal year that is not subject to the repayment obligation imposed by art. IX, sec. 17(d), Constitution of the State of Alaska; and
(D) the balance in the statutory budget reserve fund established in AS 37.05.540;
(2) “the amount appropriated for the previous fiscal year” means the amount appropriated from the
(A) constitutional budget reserve fund under the authority granted in art. IX, sec. 17, Constitution of the State of Alaska; and
(B) same revenue sources used to calculate the money available for appropriation for the current fiscal year; and
(3) “the amount of appropriations made in the previous calendar year for the previous fiscal year” means appropriations made from sources identified in (2) of this subsection for a fiscal year that were enacted during the calendar year that ends on December 31 of that same fiscal year.
(b) If the amount appropriated from the budget reserve fund has not been repaid under art. IX, sec. 17(d), Constitution of the State of Alaska, the Department of Administration shall transfer to the budget reserve fund the amount of money comprising the unreserved, undesignated general fund balance to be carried forward as of June 30 of the fiscal year, or as much of it as is necessary to complete the repayment. The transfer shall be made on or before December 16 of the following fiscal year.
(c) In this section, “unrestricted revenue accruing to the general fund” or “unreserved, undesignated general fund balance carried forward” is money not restricted by law to a specific use that accrues to the general fund according to accepted principles of governmental or fund accounting adopted for the state accounting system established under AS 37.05.150 in effect on July 1, 1990.
(d) An appropriation under art. IX, sec. 17(b), Constitution of the State of Alaska, requires an affirmative vote of the majority of the members of each house of the legislature. An appropriation under art. IX, sec. 17(c) requires an affirmative vote of three-fourths of the members of each house of the legislature.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 1994–2022 · leading case: Hickel v. Cowper, 874 P.2d 922 (Alaska 1994).
Hickel v. Cowper, 874 P.2d 922 (Alaska 1994). “5 In a written decision the superior court held that AS 37.10.420 is unconstitutional because it unduly limits the funds counted as available for appropriation.”
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, & Jay-Mark Pascua v. State of Alaska, Off. of Mgmt. & Budget & Dep't of Admin. & Governor Michael J. Dunleavy, in an Off. capacity (Alaska 2022). “In 1994 the legislature enacted AS 37.10.420, attempting to define terms article IX, section 17 uses, including “amount available for appropriation”;13 11 Id.”
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, & Jay-Mark Pascua v. State of Alaska, Off. of Mgmt. & Budget & Dep't of Admin.; & Governor Michael J. Dunleavy, in an Off. capacity, 520 P.3d 142 (Alaska 2022). “In 1994 the legislature enacted AS 37.10.420, attempting to define terms article IX, section 17 uses, including “amount available for appropriation”;13 11 Id.”
— Alaska Stat. § 37.10.420(a)(1) — 3 cases
Hickel v. Cowper, 874 P.2d 922 (Alaska 1994). “5 In a written decision the superior court held that AS 37.10.420 is unconstitutional because it unduly limits the funds counted as available for appropriation.”
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, & Jay-Mark Pascua v. State of Alaska, Off. of Mgmt. & Budget & Dep't of Admin. & Governor Michael J. Dunleavy, in an Off. capacity (Alaska 2022). “In 1994 the legislature enacted AS 37.10.420, attempting to define terms article IX, section 17 uses, including “amount available for appropriation”;13 11 Id.”
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, & Jay-Mark Pascua v. State of Alaska, Off. of Mgmt. & Budget & Dep't of Admin.; & Governor Michael J. Dunleavy, in an Off. capacity, 520 P.3d 142 (Alaska 2022). “In 1994 the legislature enacted AS 37.10.420, attempting to define terms article IX, section 17 uses, including “amount available for appropriation”;13 11 Id.”
— Alaska Stat. § 37.10.420(a)(1)(C) — 2 cases
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, & Jay-Mark Pascua v. State of Alaska, Off. of Mgmt. & Budget & Dep't of Admin. & Governor Michael J. Dunleavy, in an Off. capacity (Alaska 2022). “In 1994 the legislature enacted AS 37.10.420, attempting to define terms article IX, section 17 uses, including “amount available for appropriation”;13 11 Id.”
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, & Jay-Mark Pascua v. State of Alaska, Off. of Mgmt. & Budget & Dep't of Admin.; & Governor Michael J. Dunleavy, in an Off. capacity, 520 P.3d 142 (Alaska 2022). “In 1994 the legislature enacted AS 37.10.420, attempting to define terms article IX, section 17 uses, including “amount available for appropriation”;13 11 Id.”
— Alaska Stat. § 37.10.420(a)(2) — 1 case
Hickel v. Cowper, 874 P.2d 922 (Alaska 1994). “5 In a written decision the superior court held that AS 37.10.420 is unconstitutional because it unduly limits the funds counted as available for appropriation.”
— Alaska Stat. § 37.10.420(a)(3) — 1 case
Hickel v. Cowper, 874 P.2d 922 (Alaska 1994). “5 In a written decision the superior court held that AS 37.10.420 is unconstitutional because it unduly limits the funds counted as available for appropriation.”
— Alaska Stat. § 37.10.420(b) — 3 cases
Hickel v. Cowper, 874 P.2d 922 (Alaska 1994). “5 In a written decision the superior court held that AS 37.10.420 is unconstitutional because it unduly limits the funds counted as available for appropriation.”
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, & Jay-Mark Pascua v. State of Alaska, Off. of Mgmt. & Budget & Dep't of Admin. & Governor Michael J. Dunleavy, in an Off. capacity (Alaska 2022). “In 1994 the legislature enacted AS 37.10.420, attempting to define terms article IX, section 17 uses, including “amount available for appropriation”;13 11 Id.”
Madilyn Short, Riley Von Borstel, Kjrsten Schindler, & Jay-Mark Pascua v. State of Alaska, Off. of Mgmt. & Budget & Dep't of Admin.; & Governor Michael J. Dunleavy, in an Off. capacity, 520 P.3d 142 (Alaska 2022). “In 1994 the legislature enacted AS 37.10.420, attempting to define terms article IX, section 17 uses, including “amount available for appropriation”;13 11 Id.”
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