Legislators rejected most of the executive orders that Republican Gov. Mike Dunleavy issued at the start of this year’s legislative session, a move that marked one of the most expansive uses of executive order powers in state history.
Eight of the governor’s 12 executive orders were rejected by a majority of legislators during today’s joint session, including one that would block the Legislature from appointing members to a board advising the state ferry system. Legislators said they were worried the changes would undermine public input on critical oversight boards, consolidate too much power in the governor’s hands at the expense of the Legislature and violate the law.
The session was an unusual one for the Legislature, but it was fitting for such an unusual use of executive order powers.
“The Legislature has never considered 12 executive orders in floor session as we are doing today,” Senate President Gary Stevens announced at the start of the session, which included frequent reminders about the voting rules and that votes in favor of resolutions were votes against the executive orders.
The expansive slate of executive orders would have eliminated several boards and commissions, taken powers away from existing boards and reworked how appointments on other boards are made. Across the board, the result would have been a transfer of duties, powers and appointments to the governor and his commissioners.
“This is a very successful board with a diverse group of board members with diverse ideas,” said Kodiak Republican Rep. Louise Stutes of the Alaska Marine Highway Operations Board, which was established in 2021 by a bill she authored. “This, to me, is exactly what we’re looking for — a group of people that do not all think alike and are able to think outside the box and ask tough questions.”
The nine-member board has four members who are appointed by the Legislature: two by the Speaker of the House and two by the Senate President. The remaining five are appointed by the governor.
Under the governor’s executive order, all nine appointments would have been made by him.
The governor’s administration had offered varying explanations for the move, but the general argument seemed to stem from disagreements with members appointed by the Legislature. In his first year in office, Dunleavy made devastating cuts to the ferry system.
Big Lake Republican Rep. Kevin McCabe supported the consolidation of power, arguing that the governor “deserves to have a board that supports his vision.”
The Legislature voted 33-26 against the executive order, successfully blocking the governor from taking full control of the board.
Among those voting in favor of the executive order was Rep. Sarah Vance, R-Homer. Her support is notable because she pointed out the executive order’s flaws during a hearing last week and even went as far as calling the administration’s justification “disingenuous.”
The Legislature also soundly rejected executive orders that would have eliminated the Wood-Tikchik State Park Management Council, the Board of Massage Therapists, the Board of Certified Direct-Entry Midwives, the Board of Barbers and Hairdressers and the Alaska Chilkat Bald Eagle Preserve Advisory Council.
In all cases, legislators said the boards provided critical oversight and opportunities for public input on their respective areas.
Legislators also rejected executive orders that would have stripped the Board of Game of the power to regulate the capture, possession, transport or release of native or exotic animals. While the administration has argued that transferring the power to the commissioner of the Department of Fish and Game would streamline a lengthy process, Anchorage Democratic Sen. Bill Wielechowski said the slow and thoughtful process is exactly the point.
“It only takes being wrong once to have potentially devastating consequences,” he said, citing several other examples of non-native animals decimating ecosystems.
Finally, legislators rejected a proposal to split the management of the Alaska Energy Authority and the Alaska Industrial Development and Export Authority into two different boards. While many legislators have praised the idea, they said the governor’s executive order is the wrong way to make that change because it effectively rewrites the law.
“This particular executive order exceeds the governor’s authority under the Alaska Constitution in that it actually creates new law,” said Sen. Cathy Giessel, who is currently carrying legislation that would make that split in state law. “Overall, I completely support the concept of dividing the (boards). Right now, they have a single board. It makes no sense. They have completely different tasks.”
Of the four executive orders that the Legislature allowed to go into effect, two were done with unanimous support from legislators. They agreed to dissolve the Alaska Council on Emergency Medical Services and the Criminal Justice Information Advisory Board, neither of which have met in recent years and are considered defunct.
The final two measures will go into effect after narrowly surviving legislative votes.
Legislators were split 29-30 on an executive order to dissolve the Recreation Rivers Advisory Board, falling two votes short of the 31 needed. The advisory board provides input on Mat-Su area rivers, and some of its members have fallen in the crosshairs of pro-industry legislators, who have accused them of being anti-development.
Legislators fell a vote short of halting an executive order to dissolve the Alaska Safety Advisory Council, an industry group that helps put on an annual safety conference. The Department of Labor and Workforce Development is expected to continue running the conference by hiring two new staff members at a cost of about $250,000 annually.
“The question is, do we want to continue a volunteer, free program that is industry-driven?” said Rep. Zack Fields, D-Anchorage, while urging fellow legislators to oppose the executive order. “Or do we want to take on that cost as a state and have it run through the department?”
Legislators voted 30-29, falling a vote short of rejecting the order.
Matt Acuña Buxton is a long-time political reporter who has written for the Fairbanks Daily News-Miner and The Midnight Sun political blog. He also authors the daily politics newsletter, The Alaska Memo, and can frequently be found live-tweeting public meetings on Twitter.