Legislation passed after the Constitutional deadline vetoed by Governor Dunleavy

Governor Mike Dunleavy has vetoed the five bills (HB 19, 29, 122, 189, 203) passed by the Alaska Legislature after the constitutionally mandated deadline to adjourn the session at midnight, May 16, 2024.

“I understand the Legislature’s desire to keep working into the early morning hours of May 16 so its members could pass a few more bills before the conclusion of the 33rd session,” said Governor Dunleavy. “However, Article II, Section 8 of the Alaska Constitution is unambiguous.”

He is referring to Article II, Section 8 of the Alaska Constitution, which says that the legislature shall convene in regular session each year on the 4th Monday in January, although the month and day may be changed by law. It goes on to say that the legislature will adjourn from regular session no later than 120 consecutive calendar days from the date it convenes, except that a regular session may be extended once for up to 10 consecutive calendar days.

An extension of the regular session requires the affirmative vote of at least two-thirds of the membership of each house of the legislature.

The state Senate adjourned at 11:47 p.m., shortly before the Legislature’s midnight deadline, but the House continued working, passing five bills in the first 15 minutes after the deadline despite questions about whether it was legal to do so.

“All five bills passed after midnight of the 121st day, and the session was not extended by an affirmative vote of at least two-thirds of the membership of each body. After consulting the Attorney General Treg Taylor, I determined the only course of action was to adhere to the Constitution and veto the bills. The sponsors can reintroduce the bills when the 34th Session of the Alaska Legislature convenes five months from now,” said Governor Dunleavy.

The bills he vetoed included HB 19 which would have exempted documented vessels from duplicative registration requirements; HB 29, sponsored by Representative Kevin McCabe of Big Lake, which would have prohibited insurers from discriminating against individuals on the basis of their political affiliation or expression; HB 122, that if passed, would have granted the Alaska Railroad Corporation financing for the replacement of its passenger dock and terminal facility in Seward; HB 189, that would have allowed for underage workers between ages 18 and 20 to serve alcohol in restaurants; and HB 203, authored by Wasilla Representative Jesse Sumner, would have allowed private employers to exclusively use electronic payroll systems.

On August 2, Representative McCabe voiced his support of the Governor’s veto of HB 29, writing: “Although I am disappointed that HB29 did not pass, I commend the Governor for his sensible approach.” He referred to his comments made back in the early hours of May 16, 2024, when he said that extending the session was “among the most disrespectful and terrible things I’ve ever seen done to our Constitution.”

He went on to say that despite the setback with his bill getting vetoed, he will continue to advocate for policies that protect the rights and freedoms of Alaskans.

Representative Sumner said that while they understand the constitutional concerns behind the Governor’s veto, he was upset to hear about the veto, given the important service he believes it would provide the State of Alaska.

“We're disappointed, given that we thought the bill was a very comprehensive piece of legislation.” He also said that he is looking forward to seeing the bill swiftly pass in the next Legislative session.

The next Alaska Legislative session is set to begin in January 2025.