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2007 Alaska Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagak0012 and id is 1 raw text is: MEMORANDUM To: The Honorable Sean Parnell Lieutenant Governor Thru: Talis J. Colberg Attorney General Craig J. Tillery Deputy Attorney General From: Michael A. Barnhill Assistant Attorney General Labor and State Affairs Section State of Alaska Department of Law Date: February 1, 2007 File No: 663-06-0050 Tel. No.: (907) 465-3600 Fax: (907) 465-2520 Subject: 05HUNT-Reconsideration of Initiative Application You have asked us to reconsider our opinion of October 12, 2005, regarding this initiative. Specifically you inquire whether under Pullen v. Ulmer, 923 P.2d 54 (Alaska 1996) and Alaska Action Center, Inc. v. Municipality ofAnchorage, 84 P.3d 989 (Alaska 2004), the initiative constitutes an appropriation and therefore is inappropriate for the ballot under art. XI, sec. 7, of the Alaska Constitution. Moreover, you inquire whether procedurally you may decertify an initiative at this time. We shall discuss each issue in turn. I. Whether the 05Hunt Initiative is an Appropriation A. Case Law The Alaska Supreme Court has considered several cases involving the extent to which initiatives constituted an appropriation prohibited by art. XI, sec. 7 of the Alaska Constitution.' It is fair to say that the trend of the Court over the years and through the 1990s was to steadily expand the scope of what constitutes an appropriation-from money to property and finally to natural resource allocations. The height of the court's expansion of the definition of appropriation in the initiative context was Pullen v. Ulmer, 923 P.2d 54 (Alaska 1996). There, the court concluded that an initiative that required the Board of Fisheries to reserve a The initiative shall not be used to dedicate revenues, make or repeal appropriations .....

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