Legislature's missed deadline raises questions about bills

The 2010 session of the Legislature ended at 12:37 a.m. on Sunday night, going beyond the midnight deadline imposed by the 2006 voter initiative that put a 90-day limit on how long they can be in session.

Legislative leaders said the 90-day session limit is only in statute and the Constitution still says they can be in session up to 121 days.

In other words, they don't consider the 90-day session limit to be binding.

Legislators packed their bags to leave Juneau on Monday as Gov. Sean Parnell promised he would veto projects they want from the budget. Parnell doesn't have a problem with the missed deadline. But the governor said he does have a problem with how much legislators spent in the capital budget for construction and maintenance projects.

Senate Minority Leader Con Bunde questioned, though, whether that "bloated" state construction budget could be found illegal by a court since it was passed after the midnight deadline for the 90-day session to come to an end.

The final vote in the Senate on concurring with House changes to the budget happened at 12:18 a.m.

Even if it didn't break the law, Bunde said, the Legislature "has certainly broken new ground by ignoring the limit set by the initiative. Does this signal that the Legislature will extend itself as a matter of course in future years?"

The Anchorage Republican also highlighted another measure passed after the midnight deadline: a highly contentious bill to have the state tax natural gas differently than oil. Final vote in the Senate on agreeing with House changes to that bill happened at 12:01 a.m.

Senate President Gary Stevens said it was necessary to go a little overtime to get the state's business done. He said the Legislature's lawyers issued a legal opinion saying it was all right.

"Just to let you know what the attorneys have said, that if anybody should sue us, the Legislature will probably win," said the Kodiak Republican.

The Legislature's top lawyer produced the opinion on Sunday saying the 90-day limit voters imposed on legislative sessions doesn't trump the 121-day limit in the Alaska Constitution. Stevens had requested the opinion.

"It is unlikely that a court would enforce the 90-day session limit against the Legislature by ordering it to adjourn or by invalidating legislation passed by the Legislature after the 90-day limit," said the opinion from Tamara Cook, the Legislature's director of legal services.

Cook wrote that the courts don't interfere with the procedures of the Legislature. She cited a 1987 Alaska Supreme Court ruling that the Legislature could exempt itself from the state's open meetings law.

Cook wrote "the people's power to enact law by initiative is not greater than that of the Legislature itself."

Alaska voters imposed the 90-day limit in 2006 after passing an initiative that was sponsored by three legislators, including Fairbanks Rep. Jay Ramras. Ramras said Monday he doesn't have any problem with the Legislature going past midnight to get the work done. He said he thinks the 90-day initiative accomplished its goals of forcing the Legislature to use its time well.

Parnell spokeswoman Sharon Leighow said the governor doesn't have a problem with the Legislature going past midnight. Parnell told reporters Monday he's happy with the results of the legislative session, including the lowering of cruise ship taxes and creation of a new scholarship plan.

But Parnell said the Legislature did spend too much in the state budget for construction projects and he's planning vetoes. The budget is over $3 billion, about a third of which is federal money.

Senators say it is a jobs bill that will fund needed projects. They emphasize that the Legislature put billions into savings in recent years, and the state has a big surplus from high oil prices.

Lawmakers said their accomplishments this year included tax credits meant to encourage exploration for natural gas in Cook Inlet. They also highlighted a bill putting the Alaska House Finance Corp. in charge of planning a small natural gas pipeline from the North Slope to Southcentral Alaska.

The Legislature approved putting more than $15 million into that pipeline effort. The hope is to provide natural gas for in-state use, rather than export.

AHFC is to get a project plan to the Legislature by July 2011. Then lawmakers will decide if the state should subsidize the multibillion-dollar project.

Other work highlighted by legislators included a bill requiring disclosure of corporate and union campaign activity, and a bill to fund rural school construction.

It steers about $38 million annually to rural schools. The bill is aimed at a 10-year-old court ruling that found Alaska's system of funding for new and renovated schools was unconstitutional.