Governor vetoes 5 bills passed after legislative adjournment deadline

Gov. Mike Dunleavy has vetoed five bills passed by the Alaska Legislature after the constitutionally mandated date to end its session.

The vetoed bills include bonding authority to build a new cruise ship dock in Seward, a bill allowing licensed 18-year-olds to serve alcohol at bars, a measure that would prohibit insurance companies from denying coverage to elected officials, legislation to eliminate duplicative registration requirements for boats, and a proposal that would have allowed employers to pay workers with short-term electronic cards.

Alaska’s constitution limits lawmakers to a 121-day legislative session, which this year ended May 15. In the final hours of that day, legislators worked frantically to process a logjam of legislation through the House and Senate and on to the governor.

Over the objections of some legislators, the House worked past midnight and into the early hours of May 16 before adjourning the session. The House approved the bills between 12:01 a.m. and 12:14 a.m. on May 16.

“It’s a frustrating way to do business,” said Big Lake Rep. Kevin McCabe, a sponsor of one of the vetoed bills.

Legislative attorneys said afterward that the five bills that passed after midnight were likely unconstitutional. Legal challenges by private citizens were possible.

Dunleavy’s vetoes, signed July 30, were announced Aug. 1 by the governor’s office via email and posted on the Legislature’s website.

“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 prepared written statement about the decision, adding that the Alaska Constitution “is unambiguous” about the deadline.

“All five bills passed after midnight of the 121st day, and the session was not extended by an affirmative vote of at least two-thirds of the membership of each body. After consulting Attorney General Treg Taylor, I determined the only course of action was to adhere to the constitution and veto the bills,” Dunleavy said.

Wasilla Rep. Jesse Sumner, the lead figure behind two of the bills, said on Aug. 1 that he had hoped that the governor would allow the bills to become law so the issue could be fought in court.

The bills might still have been legal because they were passed on the 121st legislative day, which doesn’t end until lawmakers adjourn for the day, he said, regardless of the time on the clock.

“I think it’s a real bummer. I’d rather have gone to court,” Sumner said.

Multiple legislators said that all five bills could be reintroduced next year, but that their passage into law shouldn’t be considered a guarantee. “No legislation is automatic just because it passed before,” Sumner said, and the upcoming election could make a repeat even more difficult, he added.

One of the bills would have allowed the Alaska Railroad Corp. to fund the replacement of its dock in Seward. The state-owned corporation wants to embark on a $137 million development to construct a new facility that could be open by the summer of 2026, but the plan was contingent on legislative approval to issue bonds.

Another bill would have allowed bar employees to begin serving alcohol at age 18, instead of 21. Its supporters said it could help alleviate a labor shortage.

The Alaska Beacon is an independent, donor-funded news organization. Alaskabeacon.com. Beacon reporter Yereth Rosen contributed to this article.

 

Reader Comments(0)