03/12/2020 03:30 PM Senate STATE AFFAIRS

        SJR 14-CONST. AM: VOTES NEEDED FOR VETO OVERRIDE                                                                    
                                                                                                                                
3:37:27 PM                                                                                                                    
CHAIR   REVAK   reconvened   the  meeting   and   announced   the                                                               
consideration  of SENATE  JOINT RESOLUTION  NO. 14,  Proposing an                                                               
amendment to the Constitution of  the State of Alaska relating to                                                               
actions upon veto.                                                                                                              
                                                                                                                                
CHAIR REVAK noted that this was the second hearing on SJR 14.                                                                   
                                                                                                                                
3:37:47 PM                                                                                                                    
SENATOR COGHILL, speaking  as sponsor, stated that  this issue is                                                               
related  to  the  balance  of   power  in  state  government.  He                                                               
emphasized  that although  this governor  highlighted the  issue,                                                               
this measure is  not specifically aimed at  the current governor.                                                               
He pointed  out that the governor  in Alaska has a  great deal of                                                               
authority, including appointing the  attorney general and cabinet                                                               
members. The Constitution  of the State of Alaska  also created a                                                               
separation of  powers. There  are some  things that  the governor                                                               
can do only  according to statute. He cited Article  3 Section 16                                                               
of the Constitution of the State of Alaska, which reads:                                                                        
                                                                                                                                
     The  governor shall  be  responsible  for the  faithful                                                                    
     execution  of the  laws. He  may, by  appropriate court                                                                    
     action or proceeding brought in  the name of the State,                                                                    
     enforce   compliance   with   any   constitutional   or                                                                    
     legislative  mandate,  or  restrain  violation  of  any                                                                    
     constitutional or legislative power,  duty, or right by                                                                    
     any officer, department, or agency  of the State or any                                                                    
     of  its political  subdivisions.  This authority  shall                                                                    
     not be construed to authorize  any action or proceeding                                                                    
     against the legislature.                                                                                                   
                                                                                                                                
SENATOR COGHILL said this creates  a balance of power between the                                                               
legislature  and  the  governor.  The  governor  can  compel  the                                                               
legislature to meet. He referred to  [Article I, Section 2 of the                                                               
Constitution  of   the  State  of  Alaska],   which  reads,  "All                                                               
political  power  is  inherent  in  the  people.  All  government                                                               
originates with the people, is  founded upon their will only, and                                                               
is instituted solely for the good of the people as a whole."                                                                    
                                                                                                                                
SENATOR COGHILL said  that there are several ways  that people in                                                               
Alaska can  express their authority.  First, people  can exercise                                                               
their  authority  by voting  for  legislators  and the  governor.                                                               
Second,  people  can  propose  amendments  to  laws  through  the                                                               
initiative  process.  However,   the  people  cannot  appropriate                                                               
funds. The  power of appropriation resides  with the legislature.                                                               
This essentially  means that the  balance of power  is maintained                                                               
since  the governor  can propose  a budget,  but the  legislature                                                               
must pass  it. However,  Alaska provides  specific veto  power to                                                               
the governor  in Article  II, Section 15  of the  Constitution of                                                               
the State of Alaska, which reads:                                                                                               
                                                                                                                                
     The governor may veto bills  passed by the legislature.                                                                    
     He   may,  by   veto,   strike  or   reduce  items   in                                                                    
     appropriation bills.  He shall return any  vetoed bill,                                                                    
     with a  statement of  his objections,  to the  house of                                                                    
     origin.                                                                                                                    
                                                                                                                                
3:41:30 PM                                                                                                                    
SENATOR COGHILL  said the prerogative  of the Alaska  governor to                                                               
reduce  items in  appropriation bills  is not  common. Only  nine                                                               
other state  constitutions grant  this power,  or a  variation of                                                               
it,  to the  governor.  It  takes a  three-quarters  vote by  the                                                               
legislature to override  the governor's veto. SJR  14 proposes to                                                               
reduce that to a two-thirds  vote. He explained that the governor                                                               
and  a  minority of  the  legislature  can override  the  primary                                                               
policy  objective of  the legislature.  This became  evident last                                                               
year. He  said it  is a  very high  bar in  Alaska if  a governor                                                               
elected by a 51 percent vote of  the people and 25 percent of the                                                               
legislature could move an agenda  forward against 3/4 of the rest                                                               
of Alaska's will  when they voted in their  elected officials. He                                                               
highlighted that the  issue is how many votes  can substantiate a                                                               
major policy call of Alaskans,  which is the budget. The governor                                                               
has significant rights, but the balance of power has shifted.                                                                   
                                                                                                                                
3:43:22 PM                                                                                                                    
SENATOR COGHILL  expressed concern that the  governor can declare                                                               
martial law with  simply a majority vote by  the legislature, yet                                                               
it takes a 3/4 vote by  the legislature to override a single line                                                               
item in the budget.                                                                                                             
                                                                                                                                
3:43:59 PM                                                                                                                    
CHAIR  REVAK related  his understanding  that  martial law  would                                                               
require the legislature to have  a majority, 50 percent plus one,                                                               
vote whereas  a veto  override would  require a  3/4 vote  by the                                                               
legislature.                                                                                                                    
                                                                                                                                
SENATOR COGHILL said  that this is a worthy  consideration of the                                                               
principles in the Constitution of the State of Alaska.                                                                          
                                                                                                                                
3:44:33 PM                                                                                                                    
CHAIR REVAK opened public testimony  on SJR 14; after determining                                                               
no one wished to testify, he closed public testimony on SJR 14.                                                                 
                                                                                                                                
He stated he would hold SJR 14 in committee.