AGO 663-09-0061.

Case DateMay 20, 2009
CourtAlaska
Alaska Attorney General Opinions 2009. AGO 663-09-0061. May 20, 20092009 Op. Alaska Att'y Gen. (May.20)A.G. File No: 663-09-0061The Honorable Sean R. Parnell Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811-0015Re: Review of 09RPEA Initiative ApplicationDear Lieutenant Governor Parnell: I. INTRODUCTION You have asked us to review an application for an initiative entitled "An Act increasing the maximum residential property exemption and providing for annual adjustments." This initiative is identical to 08RTX2, except that the amended exemption amount is decreased from $100,000 to $50,000. We find no legal problems with the bill and so we recommend that you certify the application. II. SUMMARY OF THE PROPOSED BILL The bill is comprised of one section. Section 1 of the bill amends AS 29.45.050(a) to authorize municipalities to increase the residential property tax exemption from $20,000 up to $50,000. Existing law requires any such change to be ratified by the voters at an election. Thus, under the bill a municipality that seeks to increase its $20,000 residential property tax exemption to $50,000 would need to pass an ordinance and present the ordinance for voter approval at a local election. Section 1 also permits the municipality by ordinance to annually adjust the exemption to reflect inflation as measured by the consumer price index (CPI-U) for Anchorage.(fn1) The bill would amend AS 29.45.050(a) as follows: Hon. Sean R. Parnell May 20, 2009 III. ANALYSIS Under AS 15.45.070, the lieutenant governor is required to review an application for a proposed initiative and either "certify it or notify the initiative committee of the grounds for denial" within 60 days of receipt. The grounds for denial of an application are that (1) the proposed bill is not in the required form; (2) the application is not substantially in the required form; or (3) there is an insufficient number of qualified sponsors. AS 15.45.080. We discuss these next. A. FORM OF THE PROPOSED BILL The form of a proposed initiative bill is prescribed by AS 15.45.040, which requires that (1) the bill be confined to one subject; (2) the subject be expressed in the title; (3) the enacting clause state, "Be it enacted by the People of the State of Alaska"; and (4) the bill not include prohibited subjects. The prohibited subjects - dedication of revenue, appropriations, the...

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