Gov. Mike Dunleavy vetoed five bills Thursday that lawmakers passed after midnight on the last day of the legislative session. Dunleavy said the bills, which passed on what was technically the 122nd day of the session, violated the Alaska Constitution’s limit on the length of the legislative session.
“I understand the Legislature’s desire to keep working into the early morning hours of May 16 so its members could pass a few more bills before the conclusion of the 33rd session,” Dunleavy said in a statement emailed to reporters. “After consulting the Attorney General Treg Taylor, I determined the only course of action was to adhere to the Constitution and veto the bills.”
Article 2, section 8 of the Alaska Constitution says the Legislature must adjourn “no later than one hundred twenty consecutive calendar days from the date it convenes.” Lawmakers can extend the session by 10 days with a two-thirds vote. The constitutional limit was added by a voter-approved constitutional amendment in 1984.
But in 1986, legislative leaders literally stopped the clock on the last day of the session, Day 120, in order to pass 29 bills ahead of the constitutional deadline. That led to a lawsuit challenging whether the bills were valid — whether they ran afoul of the constitutional limit on the length of the session.
In 1989, in a case called Alaska Christian Bible Institute v. State, the Alaska Supreme Court found that the constitutional length of the session was actually 121 days rather than 120. The justices found that the first day didn’t count under the Constitution’s language.
In 2006, voters approved a 90-day session limit enshrined in state law. That is routinely ignored. It’s generally thought that courts would defer to the constitutional 121-day limit if a challenge were to be brought.
That’s all according to “Alaska’s Constitution: A Citizen’s Guide” by Gordon Harrison, a publication from the Legislative Affairs agency explaining the history and function of the state’s governing document.
All of the bills Dunleavy vetoed were passed after midnight — making it Day 122, one day later than the deadline, without a vote to extend the session. Alaska political blogger Jeff Landfield had promised to challenge the bills in court if they were signed into law.
The bills passed after midnight cover a variety of subjects. Most would make simple but consequential changes to state law.
House Bill 29 from Rep. Kevin McCabe, R-Big Lake, would prevent insurance companies from discriminating against elected officials. McCabe said in a phone interview that he introduced the bill after learning his liability insurance provider would not sell him a policy after he was elected to public office.
“It’s an important bill,” he said after the veto was announced. “Much as I wanted HB 29 to pass, I think it’s appropriate. I think what he [Dunleavy] did was appropriate.”
House Bill 19 would eliminate what sponsor Rep. Louise Stutes, R-Kodiak, described as redundant registration requirements for large vessels documented by the Coast Guard.
House Bill 122, from Rep. Frank Tomaszewski, R-Fairbanks, would allow the state-owned Alaska Railroad Corp. to issue $75 million in additional revenue bonds to replace an aging passenger dock and terminal in Seward and require that the new dock be compatible with state ferries.
“The existing passenger dock and terminal facility play a crucial role in supporting tourism, commerce, and transportation along the scenic Alaska Railroad route. However, due to wear and aging, these facilities require immediate attention,” Tomaszewski wrote in a statement attached to the bill.
House Bill 189, from House Labor and Commerce Committee chair Rep. Jesse Sumner, R-Wasilla, would allow people over 18 to serve alcohol. Alaska is one of just a handful of states that requires servers to be 21 or older.
“The current state law places unnecessary limitations on our labor pool, especially during peak tourist seasons when demand is highest,” leaders of the Greater Fairbanks Chamber of Commerce said in a letter supporting the bill.
House Bill 189 also incorporated a proposal from Rep. Andrew Gray, D-Anchorage, that would also require bars to post signs indicating that alcohol can cause cancer in addition to existing signage indicating its potential to cause birth defects.
The last of the bills, House Bill 203, also sponsored by Sumner, would allow employers to pay wages with a type of debit card known as a payroll card.
In an interview ahead of the vetoes, Gray said he was conflicted about the bills passed after midnight.
“Find me an Alaskan on the street who’s going to be upset that the Legislature worked an extra hour this year, that we went overtime by one extra hour,” Gray said. “I just don’t think you’re going to find that person.”
But Gray said legal experts had advised him that a constitutional challenge would be likely to succeed.
Lawmakers can call themselves into special session to attempt to override the vetoes or re-pass the bills. The editorial board of the state’s largest newspaper, the Anchorage Daily News, recently urged Dunleavy to call a special session to re-pass the bills.
But, instead, Dunleavy told lawmakers to try again next year and reintroduce the bills at the start of the next legislative session in January.
Eric Stone covers state government, tracking the Alaska Legislature, state policy and its impact on all Alaskans. Reach him at estone@alaskapublic.org.
