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SENATE CONCURRENT R ESOLUTION NO. 13
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE SENATE JUDICIARY COMMITTEE
Introduced: 4/8/24
Referred: Community and Regional Affairs
A RESOLUTION
Relating to the procedure that the Thirty-Third Alaska State Legislature will use to 1
reconsider bills and items vetoed by the governor. 2
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
WHEREAS, on January 11, 1956, the Alaska Constitutional Convention Delegates 4
voted 39-12 to adopt an amendment proposed by Delegate Katherine Nordale that inserted 5
into the section that became art. II, sec. 16, Constitution of the State of Alaska, the word 6
"immediately" following "shall," thereby directing that the legislature "shall meet 7
immediately in joint session and reconsider passage of the vetoed bill or item"; and 8
WHEREAS the delegates stated that the purpose of inserting the word "immediately" 9
in the section that became art. II, sec. 16, Constitution of the State of Alaska, was to direct the 10
legislature to meet in joint session and provide that the house of origin cannot "sit on the bill 11
and allow the veto to kill the bill"; and 12
WHEREAS, during the First Regular Session of the First Alaska State Legislature in 13
1959, Senator Joseph Earl Cooper, chair of the Senate Rules Committee, reported that "both 14
the State Constitution and the Joint Rules directed the House and Senate to meet immediately 15
upon receiving a veto message from the Governor"; and 16 33-LS1543\B
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WHEREAS, in response to the adoption of House Joint Resolution No. 11 by the 1
Alaska State Legislature in 1975, the voters of the state voted in 1976 to approve an 2
amendment to art. II, sec. 16, Constitution of the State of Alaska, further clarifying that 3
"[b]ills vetoed after adjournment of the first regular session of the legislature shall be 4
reconsidered by the legislature sitting as one body no later than the fifth day of the next 5
regular or special session," and "[b]ills vetoed after adjournment of the second regular session 6
shall be reconsidered by the legislature sitting as one body no later than the fifth day of a 7
special session of that legislature, if one is called"; and 8
WHEREAS Alaska State Legislature Uniform Rule 45 recognizes that the language 9
"shall meet immediately in joint session" under art. II, sec. 16, Constitution of the State of 10
Alaska, requires that the bodies act "promptly," and also recognizes the five-day requirement 11
approved by the voters in 1976; and 12
WHEREAS, in January 2024, during the Second Regular Session of the Thirty-Third 13
Alaska State Legislature, members of the legislature reviewed the language in art. II, sec. 16, 14
Constitution of the State of Alaska, that states "the legislature shall meet immediately in joint 15
session and reconsider passage of the vetoed bill or item"; and 16
WHEREAS, without formally deciding whether the language "shall meet 17
immediately in joint session" in art. II, sec. 16, Constitution of the State of Alaska, is 18
discretionary or mandatory, the legislature met in joint session on January 18, 2024, the third 19
legislative day of the Second Regular Session of the Thirty-Third Alaska State Legislature, 20
and reconsidered items from House Bill No. 39, enacted as ch. 1, FSSLA 2023, that were 21
vetoed by the governor during the interim, and, after receiving a veto message on Friday, 22
March 15, 2024, with regard to Senate Bill No. 140, the legislature met in joint session on 23
Monday, March 18, 2024, to reconsider passage of that measure; and 24
WHEREAS members of the public and the legislature should have predictability and 25
certainty about the process the legislature will follow for reconsideration of vetoed bills and 26
items; and 27
WHEREAS the Thirty-Third Alaska State Legislature finds that the precedent of the 28
First Alaska State Legislature and the interpretation of art. II, sec. 16, Constitution of the State 29
of Alaska, and the Joint Rules by Senator Joseph Earl Cooper, Senate Rules Committee chair 30
in the First Alaska State Legislature, are persuasive; and 31 33-LS1543\B
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WHEREAS the Alaska State Legislature finds that the voters, by approving House 1
Joint Resolution No. 11 in 1976, expected and directed the Alaska State Legislature to act 2
within the first five days of the next regular or special session to reconsider bills or items 3
vetoed by the governor after adjournment; 4
BE IT RESOLVED that the Alaska State Legislature interprets the phrase "the 5
legislature shall meet immediately" in art. II, sec. 16, Constitution of the State of Alaska, as 6
meaning that an immediate joint session of the legislature is mandatory; and be it 7
FURTHER RESOLVED that the Alaska State Legislature finds that Uniform Rule 8
45 requires that the legislature meet "promptly" in joint session; and be it 9
FURTHER RESOLVED that the Thirty-Third Alaska State Legislature, in 10
accordance with Uniform Rule 45 and art. II, sec. 16, Constitution of the State of Alaska, will 11
"meet immediately in joint session" to "promptly" reconsider bills and items vetoed by the 12
governor; and be it 13
FURTHER RESOLVED that the Thirty-Third Alaska State Legislature will meet in 14
joint session to reconsider vetoed bills and items as follows: 15
(1) If the legislature receives a veto message during session, upon receiving 16
the veto message, the legislature shall meet immediately in joint session to reconsider the 17
vetoed bill or item; 18
(2) If the legislature receives a veto message after adjournment of the first 19
regular session and no special session is called, the legislature shall meet in joint session to 20
reconsider the vetoed bill or item not later than the fifth day of the next regular session; 21
(3) If the legislature receives a veto message after adjournment of the first or 22
second regular session and a special session is called, the legislature shall meet in joint 23
session to reconsider the vetoed bill or item not later than the fifth day of the special session; 24
(4) If the legislature receives a veto message after adjournment of the second 25
regular session and no special session is called, the legislature will not meet in joint session to 26
reconsider the vetoed bill or item. 27