Legislature(2007 - 2008)
2007-06-20 House Journal
Full Journal pdf2007-06-20 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"