2007-06-20                     House Journal                      Page 1464
HB 117                                                                                                                        
The following letter dated May 28, 2007, was received:                                                                          
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. II, sec. 17, of the Alaska Constitution, I                                                          
have allowed the following bill to become law without signature:                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 117(JUD)                                                                                             
     "An Act relating to proclamations issued by the governor calling                                                           
     the legislature into special session."                                                                                     
                                                                                                                                
     Chapter No. 16, SLA 2007                                                                                                   
     [Effective Date:  August 26, 2007]                                                                                         
                                                                                                                                
This bill would amend AS 24.05.100(a)(1) by extending the amount of                                                             
notice to call the legislature into special session from at least 15 days                                                       
to at least 30 days, with some exceptions (emergency, disaster, or                                                              
when the legislature is still in session or just adjourned).                                                                    
                                                                                                                                
                                                                                                                                
The power of the governor to call a special session is set out in art. II,                                                      
sec. 9 of the Alaska Constitution without any requirement for prior                                                             
notice.  In fact, previous governors have called the legislature into                                                           
special session with fewer than 15 days prior notice - such as calling                                                          
for a special session to convene immediately following the                                                                      
adjournment of the regular session.  Since the 15-day notice                                                                    
requirement was established in 1959, the general practice for most                                                              
administrations has been to work cooperatively with the legislature to                                                          
establish special session dates.                                                                                                
                                                                                                                                
                                                                                                                                
I have been advised by the Department of Law that there is a legal                                                              
question regarding the extent to which the legislature may, by statute,                                                         
put notice conditions on the governor's constitutional power to call a                                                          
special session.                                                                                                                
                                                                                                                                
In general, I think providing at least 30 days notice is reasonable,                                                            
particularly with respect to the fact that Alaska has a "citizen                                                                
legislature" comprised of members who have livelihoods and                                                                      

2007-06-20                     House Journal                      Page 1465
responsibilities in addition to their legislative duties.  However, there                                                       
also may be a necessity for any governor to fully invoke the authority                                                          
of the Alaska Constitution to call a special session without the prior                                                          
notice.                                                                                                                         
                                                                                                                                
It is important for the governor to have the maximum flexibility to call                                                        
special sessions when the needs of the state require.  While the bill                                                           
makes some improvements to existing law by providing some                                                                       
exceptions, it does not address other urgent needs, such as an                                                                  
economic crisis in the state.                                                                                                   
                                                                                                                                
For any special sessions, I intend to work with the legislature in setting                                                      
dates that work effectively for both branches of government.  As a                                                              
result, the goal of the bill can be met without unnecessarily restricting                                                       
the governor's power to call special sessions to meet the pressing                                                              
needs of Alaskans.                                                                                                              
                                                                                                                                
For these reasons, I have not signed CSHB 117(JUD).  While the bill                                                             
will become law without my signature, the Alaska Constitution will                                                              
continue to provide the governor the authority to convene a special                                                             
session whenever it is deemed critical or necessary for Alaska.                                                                 
                                                                                                                                
                                 Sincerely,                                                                                    
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"