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.