This legislative session, we've held two joint sessions to override the Governor's vetoes. The first joint session to reconsider vetoed legislation occurred in January: The Governor had vetoed $87.5 million in education funding last year - about half of the amount the Legislature had appropriated. That January vote to override failed. The second override vote, which occurred last month following the Governor's veto of Senate Bill 140, would have increased the base student allocation (BSA).
The Legislature has taken different approaches in the past about how to proceed following a Governor's veto. To override a veto, article II, section 16 of the Alaska Constitution requires the House and Senate to meet in a Joint Session to reconsider the legislation. In the early years of statehood, the legislature met promptly in joint session to reconsider vetoed legislation. In later years, however, each body would vote separately about whether to meet in a joint session. If either body voted against holding a joint session, they did not hold a joint session and the vote to override did not occur.
This year, both bodies have reviewed article II, section 16 of Alaska's Constitution. According to the Alaska Constitution, "Upon receipt of a veto message during a regular session of the legislature, the legislature shall meet immediately in joint session and reconsider passage of the vetoed bill or item." The Alaska Constitution does not mention a vote about whether to meet in a joint session; the Constitution says the Legislature "shall meet immediately."
In 1976, Alaska voters approved an amendment to article II, section 16 of the Alaska Constitution. That amendment added provisions about the Legislature holding a joint session when the veto occurs when the Legislature is not in session. If the veto occurs during the legislative session, the Joint Session will occur immediately. If the veto occurs when the Legislature is not in session, the joint session will occur within five days of the start of the next regular or special session.
Senate Concurrent Resolution 13, which the Senate Judiciary Committee introduced this week, clarifies the importance of following the "shall meet immediately" language in the Alaska Constitution. Alaskans deserve to have predictability and certainty regarding the process to override a veto.
You can read the full resolution here.
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