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STATE v. A.L.I.V.E. VOLUNTARY

No. 3670.

606 P.2d 769 (1980)

STATE of Alaska and Department of Revenue, Appellants, v. A.L.I.V.E. VOLUNTARY, Appellee.

Supreme Court of Alaska.

February 19, 1980.

Attorney(s) appearing for the Case

Joseph K. Donohue, Asst. Atty. Gen., Avrum M. Gross, Atty. Gen., Juneau, for appellants.

Joe P. Josephson, Josephson & Trickey, Inc., Anchorage, for appellee.

Stephen M. Ellis, Delaney, Wiles, Moore, Hayes & Reitman, Inc., Anchorage, for amici curiae Alaska Legislative Council and Administrative Regulation Review Committee.

Before BOOCHEVER, C.J., and RABINOWITZ, CONNOR, BURKE and MATTHEWS, JJ.

OPINION

MATTHEWS, Justice.

AS 44.62.320(a) provides:

The legislature, by a concurrent resolution adopted by a vote of both houses, may annul a regulation of an agency or department.

This statute encompasses a variant of what has come to be called the legislative veto.1 The question in this case is whether this device violates article II of the Alaska Constitution. We hold that it does.

I

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