Constitutionality, Legality of Proposed Capital Budget Questioned

Does the all-or-nothing language of the proposed capital budget collide with the governor’s right to line item veto?

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By Natalie Travis

Story Created: Apr 26, 2011 at 7:40 PM AKDT

Story Updated: Apr 28, 2011 at 4:30 PM AKDT

It's all or nothing. That's what the Senate Finance Committee is saying about its proposed capital budget regarding a $400 million energy project package.

Senator Hollis French says the Senate is trying to fund an energy package for the entire state without subjecting it to the governor's vetoes.

The Parnell administration says the governor never made any threats against energy projects. Instead, they say what Gov. Sean Parnell said was that if Alaska doesn't take steps to increase oil production then spending must be reduced.

Parnell's camp says the governor never threatened any specific project or district.

His administration also says he all ready introduced a comprehensive energy package in December.

Either way, the attorney general says the budget contingencies are completely unconstitutional.

“The injection of the contingency and non-severability language is unabashedly aimed at constraining the constitutional power of the executive branch,” said Attorney General John Burns for the Department of Law.

The last time an issue like this went to the Supreme Court was Tony Knowles vs. Legislative Council in 1999.

As of right now the budget stands at about $2.68 billion.

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Ha Ha said on Saturday, Apr 30 at 7:32 PM

They all must think this is all a big joke in Juneau

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Guest said on Wednesday, Apr 27 at 9:45 PM

Isn't it unconstitutional for the justice system to be making laws, or the Dept of Elections to write in votes, or Legislators to accept bribes and kickbacks. There is a little corruption for everyone in this State. We had better get it together soon. These guys can fly out of here on a moments notice. Most of us do not have that much money.

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