Revised Program Legislative (RPL) Process Overview
The Constitution outlines the duties and responsibilities of the three branches of Government. The
Governor, as head of the Executive branch, is responsible for submitting a budget, but the power of
appropriation is reserved for the Legislative branch. The Legislature cannot delegate this power to
the Executive branch nor to any Legislative committee. To do so would violate the separation of
powers doctrine and be an unconstitutional delegation of authority. This means that the Executive
branch can only spend what was approved by the full Legislature during the budget process.
Since the Legislature is only in session for part of the year, the intent of the RPL Process, codified in
the late 1970s, was to provide a constitutional method to accept additional funds for items already
approved in the budget from non-state sources that became available after the session concluded.
There are two steps necessary to accept RPLs:
1. The current fiscal year budget must include language specifying which funds can be
accepted; and
2. The governor must follow the process outlined in AS 37.07.080 (h) to submit the RPL to the
Legislative Budget and Audit committee for review.
If the additional funds are for an existing budget item, the RPL language was included in the budget,
and the statutory process is followed, the Legislative Budget and Audit committee can offer a
recommendation on the RPL, but it is non-binding, and the Governor can accept the funds after a
45 day waiting period.

HB 222: Background Information

Distributed by Rep. Hawker's Office

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(j) The sum of $19,623,350 is appropriated from the general fund to the Department

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of Administration for payment of obligations and fees for the following facilities for the fiscal

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year ending June 30, 2016:

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FACILITY AND FEES

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(1) Anchorage Jail

$ 1,806,000

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(2) Goose Creek Correctional Center

17,813,150

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(3) Fees

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(k)

9
10

ALLOCATION

4,200

The amount necessary for state aid for costs of school construction under

AS 14.11.100, estimated to be $123,423,009, is appropriated to the Department of Education
and Early Development for the fiscal year ending June 30, 2016, from the following sources:

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(1) $23,900,000 from the School Fund (AS 43.50.140);

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(2)

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the amount necessary, after the appropriation made in (1) of this

subsection, estimated to be $99,523,009, from the general fund.

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(l) The amounts appropriated to the Alaska fish and game revenue bond redemption

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fund (AS 37.15.770) during the fiscal year ending June 30, 2016, estimated to be $5,300,000,

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are appropriated to the state bond committee for payment of debt service, accrued interest,

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and trustee fees on outstanding sport fish hatchery revenue bonds and for early redemption of

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those bonds.

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* Sec. 24. FEDERAL AND OTHER PROGRAM RECEIPTS. (a) Federal receipts,

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designated program receipts under AS 37.05.146(b)(3), information services fund program

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receipts

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AS 37.05.146(b)(4), receipts of the Alaska Housing Finance Corporation, receipts of the

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Alaska marine highway system fund under AS 19.65.060(a), receipts of the University of

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Alaska under AS 37.05.146(b)(2), and receipts of commercial fisheries test fishing operations

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under AS 37.05.146(c)(21), that are received during the fiscal year ending June 30, 2016, and

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that exceed the amounts appropriated by this Act, are appropriated conditioned on compliance

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with the program review provisions of AS 37.07.080(h).

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(b)

under

AS 44.21.045(b),

Exxon

Valdez

oil

spill

trust

receipts

under

Federal designated program receipts under AS 47.07.060 for the proposed

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expansion of the state's Medicaid program may not be accepted or expended without an

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acceptable reformation plan and appropriation approved by the legislature.

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(c) If federal or other program receipts under AS 37.05.146 and AS 44.21.045(b) that

Enrolled HB 72
HB 222: Background Information

-80Distributed by Rep. Hawker's Office

 Title 37. PUBLIC FINANCE
Chapter 37.07. EXECUTIVE BUDGET ACT
Sec. 37.07.080. Program execution.
(h) The increase of an appropriation item based on additional federal or other program
receipts not specifically appropriated by the full legislature may be expended in accordance with
the following procedures:
(1) the governor shall submit a revised program to the Legislative Budget and Audit
Committee for review;
(2) 45 days shall elapse before commencement of expenditures under the revised
program unless the Legislative Budget and Audit Committee earlier recommends that the
state take part in the federally or otherwise funded activity;
(3) should the Legislative Budget and Audit Committee recommend within the 45day period that the state not initiate the additional activity, the governor shall again
review the revised program and if the governor determines to authorize the expenditure,
the governor shall provide the Legislative Budget and Audit Committee with a statement
of the governor's reasons before commencement of expenditures under the revised
program.

HB 222: Background Information

Distributed by Rep. Hawker's Office