Arco Alaska, Inc. v. State

MOORE, Justice.

In this case, we consider whether article II, section 18 of the Alaska Constitution mandates a two-thirds vote of both houses of the legislature for the passage of a tax statute containing a retroactive provision. 1 We hold that it does not.

The facts in this case are uncontested. Appellants, 2 as producers of oil in Alaska, are subject to oil production taxes under AS 43.55.011-.013. An oil producer’s tax liability is calculated by multiplying an amount defined in AS 43.55.011 by the economic limit factor (ELF) as determined by a complex formula set out in AS 43.55.013. 3

In…