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2022 Op. Alaska Att'y Gen. 1 (2022)

handle is hein.sag/sagak0097 and id is 1 raw text is: Department of Law CIVIL DIVISION ~ALASKA 1031 We st 4 Avenue , site 200 Anchorge, AK99 01 Ma in: 907 .269.5100 Fax: 907.2 6.3697 June 28, 2022 The Honorable Kevin Meyer Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811-0015 Re: HB 123 and 21AKTR Substantial Similarity Analysis AGO No. 2021103148 Dear Lieutenant Governor Meyer: You asked whether the tribal recognition initiative, 21 AKTR, should remain on the 2022 general election ballot, given the passage of HB 123. Once an initiative is properly filed, it goes to the voters unless the legislature passes a substantially similar bill.1 21AKTR, which proposes a bill titled The Alaska Tribal Recognition Act, was properly filed and you directed its placement on the November 8 general election ballot.2 The legislature then passed SCS HB 123(STA), An act providing for state recognition of federally recognized tribes; and providing for an effective date. Because HB 123 is substantially the same as the bill proposed by 21 AKTR, the initiative should not appear on the ballot if the bill becomes law. Analysis An initiative petition is void if an act of the legislature that is substantially the same as the proposed law was enacted after the petition had been filed, and before the date of the election.3 A bill enacted by the legislature and a bill proposed by initiative are substantially the same if, in the main, the legislation achieves the same general purpose as the initiative and it accomplishes that purpose by means or systems which 1 AS 15.45.150; AS 15.45.210. 2 See AS 15.45.010-.190; 2021 Op. Alaska Att'y Gen. (Oct. 4), 2021 WL 5034862, at *1 (recommending certification of the 21AKTR application). 3 AS 15.45.210; AK Const., Art. 11, sec. 4 (If, before the election, substantially the same measure has been enacted, the petition is void.).

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