Governor Mike Dunleavy on Friday issued a proclamation calling the legislature into a second special session to pass a complete and constitutional Fiscal Year 2022 budget. Following the legislature’s inability to properly fund the budget and provide an effective date of July 1st, Governor Dunleavy took immediate action in order to avoid a government shutdown.
Governor Dunleavy:
“This budget threatens a state government shutdown and jeopardizes public safety and essential services. The budget passed this week is constitutionally impaired if the goal was for it to take effect on July 1. This second special session affords the opportunity to remedy that problem.“
The budget passed the legislature this week; however, the provision of a July 1st effective date failed to obtain a two-thirds vote of the Alaska House of Representatives. Section 18 of the Alaska Constitution addresses the effective date of legislation and states that a bill does not take effect until 90 days after enactment unless two-thirds of the legislature “provide for another effective date.”
According to a memo from the Department of Law, “expenditures of state funds provided under CCS HB 69 cannot be made until that bill becomes law which is ninety days after its enactment – with a very limited exception for spending that is necessary to meet constitutional obligations of the state such as maintaining the health and safety of its residents or to comply with federal requirements.”
The second special session begins at 10:00am on Wednesday, June 23rd, in the Alaska State Capitol and directs work on the following:
- A bill similar to CCS HB 69 making CCS HB 69 effective immediately under AS.01.10.070 (c); making appropriations from the Earnings Reserve account, including for the payment of Alaska Permanent Fund dividends; and making appropriations under Article IX, Section 17(c), Constitution of the State of Alaska, from the Constitutional Budget Reserve Fund.
Read the governor’s proclamation here.