INITIATIVE PETITION BILL LANGUAGE
by Petition Sponsors

Petition ID: 03TLMT
AN INITIATIVE REQUIRING 75 PERCENT LEGISLATIVE MAJORITY OR VOTER APPROVAL TO IMPOSE NEW TAXES OR INCREASE EXISTING TAXES, PROHIBITING REAL ESTATE TRANSFER TAXES, AND PROVIDING FOR CERTAIN LOCAL OPTIONS.

Posted 05/20/03

Proposed Bill:

AN INITIATIVE REQUIRING 75 PERCENT LEGISLATIVE MAJORITY OR VOTER APPROVAL TO IMPOSE NEW TAXES OR INCREASE EXISTING TAXES, PROHIBITING REAL ESTATE TRANSFER TAXES, AND PROVIDING FOR CERTAIN LOCAL OPTIONS



Be it enacted by the people of the State of Alaska:


Section 1. Limitation on State Taxes. No new states taxes may be imposed, nor may existing rates on existing taxes be increased, except as follows:

(1) Upon the affirmation vote of 75 percent of the members of each house of the Alaska Legislature,
 
(2) Upon the affirmative vote of a majority of those voters of the State of Alaska voting on this question at a regular or special election, or
 
(3) If necessary to comply with the terms of state bonded indebtedness existing as of the effective date of this Act.
Section 2. Local Option. Any home rule or general law municipality, including cities, boroughs and unified municipalities, may enact or repeal ordinances through action by the governing body or through the initiative or referendum, which limit the imposition of taxes or the increase of rates on existing taxes, repeal or reduce existing taxes, or determine maximum rates or amounts of any local tax.

Section 3. Real Estate Transfer Taxes Prohibited. Neither the State nor any municipality may impose any transfer taxes or taxes on transfers of real property by sale or lease. This section does not affect the right of the State or a municipality to impose taxes or royalties on the harvesting, extraction, or use of oil or gas, minerals, timber, and other natural resources which may be deemed to be part of the land.

Section 4. Interpretation. This Act shall be interpreted in the manner which reasonably restricts most the growth of government. The term "taxes", for the purposes of this act, shall include all taxes, permit fees, license fees and user fees.

Section 5. Superseded Conflicting Statutes, Ordinances and Regulations. This initiative supersedes all conflicting provisions of the State statutes, local ordinances and State and local regulations and procedure, which provisions shall be of no further force or effect.

Section 6. Applicability. The provision of this Act apply to all new taxes and all rate increases on existing taxes which are levied or imposed on or after January 1, 2004. If this date may not be used for legal reasons as determined by a court of competent jurisdiction, then the provisions of this Act apply to all new taxes and all rate increases on existing taxes which are levied or imposed on or after the effective date of this Act.

Section 7. Severability. The provisions of this Act are independent and severable, and if any provision of this Act, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this Act shall not be affected and shall be given effect to the fullest extent possible.

End

Initiative Petition Status Report