Senate Judiciary Committee advances concurrent resolution to require prompt reconsideration of vetoes; one amendment fails

The Senate Judiciary Committee on Monday advanced Senate Concurrent Resolution 1, a proposal from the sponsoring office to clarify when and how the Legislature must reconsider the governor’s vetoes under Article 2, Section 16 of the Alaska Constitution.

Megan Wallace, chief counsel with Legislative Legal Services, told committee members the resolution “has the potential to provide the legislature less flexibility as it relates to, considering the governor's vetoes.” She said the measure would commit the Legislature to meeting to consider every veto and therefore reduce the discretionary practice the Legislature has followed in recent decades.

Wallace told the panel there is existing constitutional language that treats vetoes occurring during session as to be considered “immediately” and vetoes occurring after adjournment as to be reconsidered “no later than the fifth day” of the next regular session. Wallace also told senators that litigation has been filed over the scope of the constitutional language; she cited a 2024 suit, Landfield v. Hilton, which was filed against the speaker of the House and did not reach the merits because of procedural issues.

Senators pressed Wallace on legal risks. Senator Myers asked whether her remarks implied the Legislature could rely on existing practice unless someone sued; Myers said, “that sounds kinda scary to me.” Wallace responded that courts traditionally defer to legislative procedure on purely procedural questions but that a constitutional claim could require judicial resolution of whether the timing language in Article 2, Section 16 is mandatory or sets only a deadline for action.

On floor action, the committee considered two amendments to the resolution. Amendment 1, offered to remove a reference that members said made the committee’s past precedents appear inconsistent, was adopted without objection. Amendment 2, which would have added a resolved clause stating the Legislature must take votes that cover every vetoed item (either individually or as grouped votes), failed on a roll call vote recorded as 1–3 (one yes, three no; one member absent). Senator Myers moved Amendment 2; the roll call shows Senator Myers voted yes and Senators Kiel and Stevens voted no; Senator Tobin was recorded absent.

After amendments, Senator Kiel moved the committee report out of Senate Concurrent Resolution 1, as amended, with the attached fiscal note. The chair put the question and, after no objection, the committee moved the resolution out of committee for further action. Committee staff were asked to remain after adjournment to sign paperwork.

The committee’s next scheduled meeting was announced for Wednesday, April 9, with a public defender agency update; a separate bill hearing for Senate Bill 78 was rescheduled to April 11.