Senate Passes Budget; House Scrutinizes Constitutionality

The language in the capital budget bill attempting to blunt the governor's line-item veto authority might be unprecedented at the Legislature.

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By Bill McAllister
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Story Created: May 11, 2011 at 5:51 PM AKDT

Story Updated: May 12, 2011 at 3:20 PM AKDT

Twenty-four days into the special legislative session, the House finally has the capital budget from the Senate.

But neither side has backed off on its position regarding all-or-nothing language on energy projects that is meant to tie Governor Parnell's hands.
 
Contingencies.
 
Non-severability.
 
The terms being bandied about the Capitol are obscure to most people.
 
But they are the heart of this special session.
 
As the House finally received the capital budget, one of its committees took an in-depth look at the constitutional issues that it raises.
 
The language in the capital budget bill attempting to blunt the governor's line-item veto authority might be unprecedented at the Legislature.
 
Attorney General John Burns reaffirmed to the House Judiciary Committee that it violates the state Constitution, which created a uniquely strong executive in the position of governor.
 
"Think about it logically,” Burns said. “If the legislature could link one appropriation item to another -- or, as in this case, approximately 20, or in future instances, all transportation projects or all construction projects, regardless of location -- the legislature would effectively eliminate the governor's constitutional power to strike or reduce individual line items."
 
A slightly different view came from a lawyer for the Legislature, Doug Gardner, who said the judicial record on such contingency clauses is ambiguous.
 
"There are cases that say well, you can do it a little bit, cases that suggest you can do it a little bit, but it's not been defined how broad this is," Gardner said.
 
But leaders of the House majority made it clear they're not going to go along with the senate on forcing the governor to veto 105 energy projects and $450 million in appropriations if he vetoes any one project.
 
"We stood our ground on this side of the building and said we're not going to allow that language to stay in the bill," said House Judiciary Chair Carl Gatto, R-Palmer.
 
While the committee hearing was under way, House Speaker Mike Chenault called in to The Casey Reynolds Show on KFQD-AM in Anchorage.
 
"We've been down here awhile,” Chenault said. “We're ready to go home. The House was ready to go home 30 days ago. But we'll be gone here in the next few days."
 
Senate President Gary Stevens said the Senate was finally willing to follow the normal legislative process on the capital budget after assurances by the governor that he would not abuse his veto authority.
 
"So the governor has, I think, to some extent, backed off from what we saw his position earlier," Stevens said, "and certainly enormous attention now will be paid to any energy project that the administration chooses to veto."
 
But the attention paid to the contingency language seems to assure its death in the House.
 
The 30-day special session must be adjourned by midnight Tuesday.
 
Chenault said he hopes for house passage of the capital budget by Saturday, allowing three days for a final agreement.

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