![]() State Lawyers Say Measure Oversteps Constitutional Bounds of Initiatives January 30, 2003
Leman said the Department of Law had provided him with a legal opinion stating that the initiative would require amendments to the state's Constitution and affect the Legislature's power to appropriate funds, neither of which is allowed in a ballot initiative. The initiative would have required a majority of voters in a statewide election to approve expenditure of any Permanent Fund earnings for "general government purposes," restricting the Legislature's constitutional ability to appropriate funds. While the Fund's principal cannot be spent without amending the Constitution, the Fund's earnings are available for appropriation by the Legislature with a simple majority vote. The primary sponsors of the initiative listed on the original application are Uwe Kalenka of Anchorage, James Jacobson of Kodiak and former Governor Jay Hammond of Port Alsworth.
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