2019 Op. Alaska Att'y Gen. 1 (2019)

handle is hein.sag/sagak0095 and id is 1 raw text is: 


1111 S1M E
      ~'ALASK


          Department of Law

OFFICE OF THE ATTORNFY GENERAL


    P.O. Box 110300
Juneau, Alaska 99811
  Main: 907.465,3600
  Fax: 907.465.2520


May 8, 2019


The Honorable Michael J. Dunleavy
Governor
State of Alaska
P.O. Box 110001
Juneau, AK 99811-0001

      Re:   FY20 Education appro

Dear Governor Dunleavy:


      You have as]
for K-12 education
in 2018 was consist


ion of future revenues
ropriation bill enacted
aska Constitution.


I.    St


      It is the opinion of ti
unconstitutional because it
Alaska Constitution and it]
Alaska Supreme Court hei
process-thie constittiom
decide fundin priorities ar
Less than two years ago th(
legal dispute over whether
year- [a]bsent another co
program must compete for
detailed below, we be]Ie
improperly binds a future b
budgeting process and viol;


Law that the appropriation is
nnlual budgeting process required by the
dication of funds. Over 25 years ago, the
Constitutio nmandates ai annual budgeting
d that the legislatue would be required to
fits of the v arious proposals presented.1
iasized tils annual budgeting process in the
nld dividend must be appropriated each
dment, the Permanent Fund dividend
e funding just as other state programs. As
priation for FY20 K- 12 education spending
ure governor in contravention of the 111al
ional prohibition against dedicating state


,kel, 836 P.2d 936, 938-39 (Alaska 1992).
State, 403 P.3d 1141, 1152 (Alaska 2017) (emphasis added).


1     Sonneman v.
2     Wielechows

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