By: Corinne Smith and James Brooks, Alaska Beacon
Alaska Gov. Mike Dunleavy is calling state legislators back to Juneau for a surprise special session.
On Wednesday, the governor issued a proclamation stating that the session, which begins Aug. 2, will cover education reform and his executive order creating a new Department of Agriculture.
The proclamation also forces an early vote on whether to override or sustain several of the governor’s vetoes, including an unprecedented cut to the base student allocation, core of the state’s per-pupil funding formula for public schools.
Under the Alaska Constitution, legislators must vote on an override in the first five days of the next session, in this case a special session.
That’s significant, because 45 votes are needed to override a budget veto, and while there were 46 votes in favor of a prior veto override this spring, at least one legislator who voted in favor of that override is expected to be unavailable in August.
In a prepared statement, Dunleavy outlined his stated reasons for calling a special session.
“Enacting a few necessary reforms to our public education system can elevate those children struggling in Alaska’s school system,” Dunleavy said. “As elected officials we must do all we can to put the next generation on the path to a successful and prosperous future, and that starts with a solid public education.”
The governor’s office declined to answer an emailed question asking whether the special session’s goals included an early vote. Some legislators said that seemed apparent.
House Minority Leader Mia Costello, R-Anchorage, said members of the House’s Republican minority were preparing to meet with the governor Wednesday afternoon.
Asked whether she thinks the governor called the session to force a veto override early, she said, “undoubtedly, the governor is aware that those issues would be taken up in the first five days in the Legislature. So, I do believe that is a part of the plan.”
She said she doesn’t know whether calling the vote early will decrease the chances of an override. Though some lawmakers may be absent, “people are home, talking to their constituents … how that translates into their votes is a hard thing to tell.”
Sen. Bill Wielechowski, D-Anchorage and chair of the Senate Rules Committee, did not mince words: “Oh yeah, this is all about the veto override,” he said. “Because he knows there’s people that are not in the state. You know, that’s actually the day that the National Conference of State Legislatures starts to meet also. So I know there’s some people who are scheduled to go to that. So, yeah, this is all about trying to game the system so we don’t have enough votes to override his veto.”
Legislators uniformly said that the governor’s special session proclamation came as a surprise. Rep. Andy Josephson, D-Anchorage, was hiking in Denali when reached by phone. Speaker of the House Bryce Edgmon, I-Dillingham, was at his town’s boat harbor.
“It’s a stunning announcement,” Edgmon said. “It’s extraordinary to get the Legislature back to Juneau, and it takes a tremendous amount of organization, cooperation, dialogue, you know, conversations, particularly when you’re throwing a topic like education policy in the mix, which normally could take up an entire two years of a legislative session.”
Senate President Gary Stevens, R-Kodiak, said the Legislature will reconvene but the votes for an override are uncertain. “I suspect that’ll be the first thing we deal with, if not the only thing we deal with, and we’ll see how the votes go.”
Under the Alaska Constitution, governors have the power to call special sessions, with the subjects limited to those chosen by the governor and the reconsideration of vetoed bills. While the Legislature is required to convene, it’s not required to actually discuss the chosen subjects.
Stevens said there’s no guarantee that the Legislature will take up Dunleavy’s agenda items. “It should be no secret to anyone that we’re going to, when we do meet — it’s my intention — on Aug. 2 to bring up first the issue of the override. And then we could, after we’ve done that, pass or fail, then we probably … can easily adjourn and deal with these issues the governor brought up at a later date.”
Sen. Forrest Dunbar, D-Anchorage, is currently deployed in Poland as part of U.S. National Guard service, and Stevens says it’s unlikely he would be able to make the special session. “He’s doing a service to the country, and it’d be very hard for him to get back. I don’t know if the military would even allow him to leave at this point, he’s in a training session, and so we’ll certainly look into that. But I would say it’s probably unlikely that he can be back.”
Dunbar did not respond to requests for comment by Wednesday afternoon.
“But he’s not the only one,” Stevens added. “There are others that are traveling, which makes it even more difficult to get to 45 votes.”
That threshold matters because overriding a governor’s budget veto requires 45 of 60 legislators, meeting in joint session.
This spring, 46 lawmakers voted to override the governor’s veto of a bill increasing the base student allocation in state policy. But authorizing spending the money was a separate vote, as part of passing the budget. If Dunbar is absent, all 45 remaining supporters of the veto override would have to stand firm in order to restore public school funding cut by the governor.
“I don’t know where people are going to be, but it’s really going to come down to probably one vote on a number of these overrides. So, not having that one vote, it’s going to be tough,” Wielechowski said.
In addition to the budget vetoes, the governor had vetoed three policy bills, including Senate Bill 183, increasing the powers of the legislative auditor.
Legislators said that bill, which passed with bipartisan support, was needed because the executive branch has stopped providing reports needed to verify the work of oil tax auditors on state taxes owed. Dunleavy said legislators’ criticism of the administration’s handling of the issue insinuated that it was acting unethically or illegally and undermined public trust in government. He demanded in a letter to lawmakers last week that they stop.
Afterward, at a meeting of the Legislative Budget and Audit Committee, lawmakers voted to authorize subpoenas against members of the administration over the issue.
Calling a special session makes an override of the SB 183 veto more difficult, Wielechowski said.
“If you’re an oil company, today’s a great day. They’re probably popping champagne bottles in Houston, Texas, today, and also all across the oil basins, because they know that it’s going to be harder to audit their taxes and probably likely to cost the state hundreds of millions of dollars,” he said.
Josephson said there will likely be several veto override votes taken up by the Legislature. “There will be attempts on multiple overrides. Multiple, multiple overrides,” he said, and hopes it includes an override vote to restore a policy bill addressing funding for teacher housing and Mount Edgecumbe High School in Sitka, and budget increases for infant learning programs. “So that’s going to be sort of interesting as well, because those veto override attempts must occur.”
After addressing the overrides, lawmakers could adjourn the special session without taking up either of the topics on the formal agenda.
Rep. Kevin McCabe, R-Big Lake, said he hopes that doesn’t happen and lawmakers consider creating a Department of Agriculture separate from the Department of Natural Resources.
Agriculture is currently overseen by a division within DNR, and McCabe said that recent wildfires in the Denali Borough show the need for DNR to be free to concentrate its attention on more important things without taking time away from agriculture.
Dunleavy addressed the issue in his statement announcing the session: “Splitting the Division of Agriculture away from DNR into a department will elevate food security and support our hard-working farmers while growing the agricultural sector.”
In May, lawmakers voted 32-28 to deny an executive order by Dunleavy to create a new Department of Agriculture, citing the proposal’s costs as well as creation through an executive order rather than as legislation, with public input.
Sen. Löki Tobin, D-Anchorage, chair of the Senate Education Committee, said by phone Wednesday that the Legislature passed legislation related to many of the governor’s policy priorities for education in May, including taking steps toward easing access for new charter school applications and expanding funding for career and technical education, as well as creating a task force to examine open enrollment and other measures.
She said she was unclear what further education reforms the governor wants: “I haven’t heard from the governor nor any of his staff, about anything else that he would like to see happen within our public education system.”
In a video Dunleavy released when he vetoed the school policy bill, he said it “fell short” on the policies he sought, including on charter schools, reading improvement incentives and open enrollment.
Other legislators were skeptical that the special session would accomplish its stated goals.
“I don’t think it’s going to work, is it?” said Rep. Jamie Allard, R-Eagle River, on talk radio Wednesday morning.
Senate Minority Leader Mike Shower, R-Wasilla, said he hadn’t spoken to the governor or any of his staff about the special session but said that sustaining the vetoes could be a primary objective.
“Honestly, I don’t know exactly what the intent is, or what the hope is for accomplishing (something), whether it’s PR or some kind of vote with people missing, or anything like that,” he said.
“Personally,” Shower said, “I’m not the biggest fan of special sessions, only because in my eight-plus years here, I’ve never seen them actually accomplish anything.”
