Legislature(1993 - 1994)
1994-07-15 Senate Journal
Full Journal pdf1994-07-15 Senate Journal Page 4773 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE SECOND SESSION and FIRST SPECIAL SESSION Juneau, Alaska Friday July 15, 1994 FINAL SUPPLEMENT CERTIFICATION As Secretary of the Senate, I wish to certify as to the correctness of the journal for the seventh legislative day of the First Special Session, Senate Journal Supplement No. 14 and House and Senate Joint Journal Supplement No. 20. MESSAGES FROM THE HOUSE HB 370 Corrected message dated May 10 was received, stating the House has adopted the report of the Conference Committee (with limited powers of free conference) considering CS FOR HOUSE BILL NO. 370(FIN)(brf fld) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date" and SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date", thus passing: CONFERENCE CS FOR HOUSE BILL NO. 370(brf fld H)* "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." 4773 1994-07-15 Senate Journal Page 4774 HB 370 *Lacking the required 3/4 vote, the budget reserve fund failed. SB 316 Message of May 16 was received on May 17, stating the House passed and returned CS FOR SENATE BILL NO. 316(RES) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 316(JUD) am H "An Act relating to commercial fishing penalties." HOUSE CS FOR CS FOR SENATE BILL NO. 316(JUD) am H was referred to the Secretary for permanent filing. SB 377 Message of May 16 was received, stating the House failed and returned HOUSE CS FOR CS FOR SENATE BILL NO. 377(STA) am H(fld H) "An Act relating to state agency fiscal procedures, including procedures related to the assessment and collection of certain taxes; and providing for an effective date". HOUSE CS FOR CS FOR SENATE BILL NO. 377(STA) am H(fld H) was referred to the Secretary for permanent filing. SCR 23 Message of May 17 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 23 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 371, making appropriations to the mental health trust fund. SENATE CONCURRENT RESOLUTION NO. 23 was referred to the Secretary for enrollment. 1994-07-15 Senate Journal Page 4775 SB 46 Message of May 17 was received, stating the House failed and returned HOUSE CS FOR CS FOR SENATE BILL NO. 46(FIN) am H(fld H) "An Act relating to moose farming and relating to game farming; and providing for an effective date". HOUSE CS FOR CS FOR SENATE BILL NO. 46(FIN) am H(fld H) was referred to the Secretary for permanent filing. HB 201 Message of May 17 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 201(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by ch. 66, SLA 1991; and providing for an effective date." HB 370 Message dated May 17 was received, stating the House has adopted the budget reserve fund allocations within the Conference Committee report with limited powers of free conference considering CS FOR HOUSE BILL NO. 370(FIN)(brf fld) and SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S, thus passing: CONFERENCE CS FOR HOUSE BILL NO. 370 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 370 on May 11 (page 4727). 1994-07-15 Senate Journal Page 4776 HB 371 Message of May 17 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 371(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, proceeds from sale of Department of Natural Resources land sale contract portfolio, and constitutional budget reserve fund; making an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." HB 441 Message of May 17 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 441(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) am S "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date." HB 455 Message of May 17 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 455(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) am S "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date." 1994-07-15 Senate Journal Page 4777 COMMUNICATIONS The following report was received and is on file in the Office of the Secretary of the Senate: Executive Branch's Biennial Procurement Report from Nancy Bear Usera, Commissioner, Dept of Administration in accordance with AS 36.30.540 The following Budget and Audit Reports were received from Randy S. Welker, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: Alaska Industrial Development and Export Authority, Chena Hot Springs Resort, March 3, 1994 Department of Administration, Municipal Grant Program, Select Municipal Grants to the City of Kenai, February 15, 1994 Department of Revenue, Department of Natural Resources, Constitutional Budget Reserve Fund, April 25, 1994 ENROLLMENT SB 338 CS FOR SENATE BILL NO. 338(FIN) "An Act relating to the issuance of revenue bonds for acquisition and construction of the Northern Crossroads Discovery Center for the Ship Creek Landings Project; relating to a study of the feasibility and financial viability of the Northern Crossroads Discovery Center; relating to construction of the Northern Crossroads Discovery Center; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:30 a.m., May 17, 1994. SB 366 CS FOR SENATE BILL NO. 366(FIN) am H "An Act relating to medical support and health insurance coverage for children; allowing a member of the teachers' retirement system or the public employees' retirement system to assign to a Medicaid-qualifying trust 1994-07-15 Senate Journal Page 4778 SB 366 the member's right to receive a monetary benefit from the system; relating to the effect of a Medicaid-qualifying trust on the eligibility of a person for Medicaid; relating to the recovery of certain Medicaid payments from estates and trusts; requiring persons who receive Medicaid services to be liable for sharing in the cost of those services to the extent allowed under federal law and regulations" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:30 a.m., May 17, 1994. SB 370 HOUSE CS FOR CS FOR SENATE BILL NO. 370(JUD) "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining `cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:30 a.m., May 17, 1994. SB 321 CS FOR SENATE BILL NO. 321(FIN) "An Act relating to the taking of a legible set of fingerprints when a person is arrested, upon initial appearance or arraignment, upon the conviction of the person, and when the person is received at a correctional facility, and providing that the set of fingerprints shall be provided to the Department of Public Safety; relating to criminal and crime records and information; requiring the reporting of information concerning homicides and suspected homicides to the Department of Public Safety for analysis; requiring the Department of Public Safety to participate in the Federal Bureau of Investigation, Violent Criminals Apprehension Program" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:31 a.m., May 18, 1994. 1994-07-15 Senate Journal Page 4779 SB 330 CS FOR SENATE BILL NO. 330(RLS) "An Act relating to water quality enhancement, water supply, wastewater, and solid waste grants; the Alaska clean water fund; the establishment of the Alaska clean water account, the Alaska drinking water fund, and the Alaska drinking water account; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:31 a.m., May 18, 1994. SB 303 SENATE BILL NO. 303 "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:00 p.m., June 3, 1994. SB 349 CS FOR SENATE BILL NO. 349(JUD) am H "An Act amending Alaska Rule of Criminal Procedure 6(r) relating to admissibility of hearsay evidence by peace officers before the grand jury" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:10 a.m., June 6, 1994. SB 350 SENATE BILL NO. 350 "An Act relating to a defendant's violation of conditions of release; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:10 a.m., June 6, 1994. SB 351 SENATE BILL NO. 351 "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:10 a.m., June 6, 1994. 1994-07-15 Senate Journal Page 4780 SB 353 CS FOR SENATE BILL NO. 353(JUD) "An Act amending Alaska Rule of Criminal Procedure 24(d) relating to peremptory challenges of jurors in felony criminal proceedings" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:10 a.m., June 6, 1994. SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 371, making appropriations to the mental health trust fund, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:30 p.m., June 10, 1994. SB 190 HOUSE CS FOR CS FOR SENATE BILL NO. 190(STA) "An Act relating to income withholding and other methods of enforcement for orders of support; relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d); and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:30 p.m., June 10, 1994. SB 215 HOUSE CS FOR CS FOR SENATE BILL NO. 215(FIN) am H "An Act relating to oil and hazardous substances; redesignating the oil and hazardous substance release response fund and relating to it; repealing the Citizens' Oversight Council on Oil and Other Hazardous Substances and the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund and repealing the authority of the Department of Environmental Conservation to levy and collect fees for review of certain submissions related to oil; altering requirements applicable to liens 1994-07-15 Senate Journal Page 4781 SB 215 for recovery of state expenditures related to oil or hazardous substances; terminating the nickel-per-barrel oil conservation surcharge; levying and collecting two new oil surcharges; and providing for the suspension and reimposition of one of the new surcharges" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:30 p.m., June 10, 1994. SB 357 HOUSE CS FOR CS FOR SENATE BILL NO. 357(FIN) "An Act relating to certain study, publication, and reporting requirements by and to state agencies; relating to certain fees for reports; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:30 p.m., June 10, 1994. SB 363 HOUSE CS FOR CS FOR SENATE BILL NO. 363(FIN) "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:30 p.m., June 10, 1994. SB 249 CS FOR SENATE BILL NO. 249(HES) am "An Act relating to assisted living homes; relating to the conversion of an assisted living home to a nursing home; repealing references to residential facilities for dependent adults; abolishing the authority of certain municipalities to license or supervise institutions caring for dependent adults; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:40 a.m., June 17, 1994. 1994-07-15 Senate Journal Page 4782 SB 256 CS FOR SENATE BILL NO. 256(TRA) "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:40 a.m., June 17, 1994. ENGROSSMENT AND ENROLLMENT SB 54 CONFERENCE CS FOR SENATE BILL NO. 54 "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date" was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:10 a.m., June 6, 1994. SB 248 CONFERENCE CS FOR SENATE BILL NO. 248 2d "An Act relating to services for and protection of vulnerable adults; and providing for an effective date" was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:40 a.m., June 17, 1994. SB 250 CONFERENCE CS FOR SENATE BILL NO. 250 "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date" was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:40 a.m., June 17, 1994. 1994-07-15 Senate Journal Page 4783 MESSAGES FROM THE GOVERNOR SB 286 Message of May 16 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 286(RLS) am "An Act relating to special conditions of mandatory parole; relating to conditions of mandatory and discretionary parole; extending the termination date of the Board of Parole; and providing for an effective date." Chapter 44, SLA 1994 Effective Date: See Chapter HB 454 Message of May 19 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 454(FIN) "An Act making a supplemental appropriation to the Department of Law to pay costs of certain continuing legal proceedings; and providing for an effective date." Chapter 1, FSSLA 1994 Effective Date: 5/20/94 HB 3 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to public home care providers; and providing for an effective date." Chapter 45, SLA 1994 Effective Date: 5/24/94 1994-07-15 Senate Journal Page 4784 HB 28 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 28(JUD) am "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date." Chapter 46, SLA 1994 Effective Date: 7/1/94 HB 333 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 333(RES) "An Act amending the Alaska Land Act to define the term `state selected land' for the purpose of recognizing mining locations, and giving retrospective effect to the amendment; and providing for an effective date." Chapter 47, SLA 1994 Effective Date: See Chapter HB 365 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 365 "An Act extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date." Chapter 48, SLA 1994 Effective Date: 5/24/94 1994-07-15 Senate Journal Page 4785 HB 450 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 450 "An Act relating to investment pools for public entities; and providing for an effective date." Chapter 49, SLA 1994 Effective Date: 5/24/94 SB 210 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 210(FIN) "An Act relating to disposals of state land within five miles of the right-of-way of the Dalton Highway to a licensed public utility or a licensed common carrier; relating to disposals of state land for nonresidential development in nodes of development along the Dalton Highway; requiring licensed public utilities to pay the costs of change, relocation, or removal of a utility facility due to construction of a highway project; and allowing state leases and materials sales for reconstruction and maintenance of state highways and construction or maintenance of airports." Chapter 50, SLA 1994 Effective Date: 8/21/94 SB 252 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4786 SB 252 HOUSE CS FOR CS FOR SENATE BILL NO. 252(JUD) "An Act prohibiting the possession of child pornography." Chapter 51, SLA 1994 Effective Date: 8/21/94 SB 275 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 275(JUD) "An Act relating to the disposal of real property by the Department of Transportation and Public Facilities." Chapter 52, SLA 1994 Effective Date: 8/21/94 SR 2 Message of May 23 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE RESOLUTION NO. 2(HES) am, Urging the Environmental Protection Agency to request a moratorium from the Congress for the MTBE oxygenated fuels programs in Anchorage and Fairbanks, Alaska. Senate Resolve No. 3 SR 6 Message of May 23 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4787 SR 6 SENATE RESOLUTION NO. 6, Relating to the monetary terms of the Public Safety Unit arbitration. Senate Resolve No. 4 HCR 32 Message of May 23 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 32 am S, Establishing the Joint Task Force on Military Bases in Alaska. Legislative Resolve No. 46 HCR 36 Message of May 23 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 36 am Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 247, relating to state leases and to state lease-purchase and lease-financing agreements. Legislative Resolve No. 47 HCR 31 Message of May 23 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 31 am S Relating to Alcohol-Related Birth Defects Awareness Week. 1994-07-15 Senate Journal Page 4788 HCR 31 Legislative Resolve No. 48 HCR 26 Message of May 23 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 26 Declaring 1994 to be the year of Vancouver. Legislative Resolve No. 49 HJR 55 Message of May 23 was received, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) Relating to the importance to the economy of Southeast Alaska of continued timber harvests on the Tongass National Forest. Legislative Resolve No. 50 HJR 56 Message of May 23 was received, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) Relating to an exemption for federal land in Alaska from the federal PACFISH management strategy. Legislative Resolve No. 51 1994-07-15 Senate Journal Page 4789 HCR 34 Message of May 23 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 34 Declaring June 5-11, 1994, as Alaska Garden Week. Legislative Resolve No. 52 SCR 25 Message of May 23 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 25 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 249, relating to electrical and mechanical administrators. Legislative Resolve No. 53 SCR 24 Message of May 23 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 24 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 538, relating to billing and payment for health care services. Legislative Resolve No. 54 HJR 64 Message of May 23 was received, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4790 HJR 64 HOUSE JOINT RESOLUTION NO. 64 Relating to the projects of the Alaska Aerospace Development Corporation for satellite ground stations and a rocket launch facility. Legislative Resolve No. 55 HJR 47 Message of May 23 was received, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE JOINT RESOLUTION NO. 47 am Relating to schools on military installations. Legislative Resolve No. 56 SB 332 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 332(JUD) "An Act relating to the possession of 25 or more marijuana plants." Chapter 53, SLA 1994 Effective Date: 8/22/94 SB 321 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 321(FIN) "An Act relating to the taking of a legible set of fingerprints when a person is arrested, upon initial appearance or arraignment, upon the conviction of the person, and when the person is received at a correctional facility, and providing that the set of 1994-07-15 Senate Journal Page 4791 SB 321 fingerprints shall be provided to the Department of Public Safety; relating to criminal and crime records and information; requiring the reporting of information concerning homicides and suspected homicides to the Department of Public Safety for analysis; requiring the Department of Public Safety to participate in the Federal Bureau of Investigation, Violent Criminals Apprehension Program." Chapter 54, SLA 1994 Effective Date: 8/22/94 HB 445 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 445 am "An Act relating to administrative or court revocation of a driver's license resulting from operation of a motor vehicle, commercial motor vehicle, or aircraft; relating to chemical testing of a person's breath, urine, or blood if the person is involved in a motor vehicle accident that causes death or serious physical injury; relating to definitions applicable to commercial motor vehicle laws; relating to chemical testing of a person's breath, urine, or blood without the person's consent; and relating to the use in a civil or criminal action of the refusal of a person to submit to a chemical test." Chapter 55, SLA 1994 Effective Date: 8/22/94 HB 373 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4792 HB 373 SENATE CS FOR HOUSE BILL NO. 373(FIN) "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; and providing for an effective date." Chapter 56, SLA 1994 Effective Date: 5/25/94 SB 24 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 24 "An Act extending the maximum period of probation after conviction." Chapter 57, SLA 1994 Effective Date: 8/22/94 SB 164 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 164(RLS) "An Act providing that home rule cities in the unorganized borough are school districts; permitting the Local Boundary Commission to amend petitions for incorporation or proposing municipal boundary changes; applying existing standards of incorporation for boroughs to unified municipalities; applying existing standards of incorporation for first class cities to incorporation of a home rule city; and relating to reclassification of first class or home rule cities to second class cities, to municipal reclassification and to public hearings on reclassification, to formation of home rule cities and unified municipalities through incorporation, merger, or consolidation, to organization grants and transitional assistance for unified municipalities, to adoption of a home rule charter by a second class city, to dissolution of municipalities, to filing copies of an amended 1994-07-15 Senate Journal Page 4793 SB 164 home rule charter, and to regulations of the local boundary commission dealing with standards and procedures for municipal incorporation, annexation, detachment, merger, consolidation, reclassification, and dissolution." Chapter 58, SLA 1994 Effective Date: 8/22/94 SB 212 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 212(L&C) am H "An Act relating to the giving of procurement notices; changing the content of the required procurement reports to the legislature by the commissioner of administration; relating to publications produced by state agencies; establishing an innovative construction procurement methods pilot program; and establishing legislative findings, a legislative purpose, and legislative intent for state procurement; and providing for an effective date." Chapter 59, SLA 1994 Effective Date: See Chapter SB 312 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 312(FIN) "An Act relating to the school term, school construction grants and to interscholastic school activities; relating to a pilot project for state aid for special education; and providing for an effective date." 1994-07-15 Senate Journal Page 4794 SB 312 Chapter 60, SLA 1994 Effective Date: See Chapter SB 374 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 374 "An Act extending the period of regulation of material sites used for timber operations under the Forest Practices Act and extending a corresponding exemption from provisions regulating mining reclamation; and providing for an effective date." Chapter 61, SLA 1994 Effective Date: 5/25/94 SB 255 Message of May 25 was received, stating: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CONFERENCE CS FOR SENATE BILL NO. 255 "An Act establishing a comprehensive policy relating to human resource development in the state." In doing so, however, I want to make clear that I support the intent of the bill to establish a coordinated human resource development policy for Alaska and to increase the coordination and collaboration of state agencies providing training, education, and employment services. I recognize, further, that these activities are vital to the well-being of Alaska's citizens and economy. Accordingly, I will be issuing soon an Administrative Order designed to achieve the objectives of this bill. 1994-07-15 Senate Journal Page 4795 SB 255 My concern with the bill is that it limits participants in the development of Alaska's human services policy. I believe that it is important in any process to ensure that those who will be charged with implementation of a policy have the opportunity to participate in its development. While the Alaska Job Training Council (AJTC) plays a key role in human resources policy-making, other departments are also key to effective implementation. Because the bill limits participation, I made the difficult decision to veto it. I believe the legislation's goals can still be met through implementation of the Administrative Order. A secondary concern was the bill's requirement that the Legislative Auditor evaluate implementation of the policy recommended under this Act. I believe this is an obligation of management and more appropriately should be assigned to the executive branch. It is my sincere hope that my Administrative Order, which will enlist the input of the AJTC and impacted departments, will promote a comprehensive statewide human resource investment policy, encourage coordination, and provide the flexibility necessary to succeed. Working together we can achieve the goal of enabling all Alaskans to become part of a literate, skilled, and productive work force. Sincerely, /s/ Walter J. Hickel Governor SB 368 Message of May 25 was received, stating: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill; SENATE BILL NO. 368 "An Act relating to the human services community matching grant program; and providing for an effective date" 1994-07-15 Senate Journal Page 4796 SB 368 which would have reduced the local match requirement from fifty percent to thirty percent for eligible communities to receive funding from the human services community matching grant program. Originally, Anchorage and Fairbanks received such funding in the operating budget in recognition of the role these two communities play in providing services to Alaskans that live outside of their municipal boundaries. In 1992, the Alaska Legislature placed the grant program in statute. It provided that the state's share would decrease over three years to 50 percent, with local communities assuming a greater share each year. I was pleased to sign this legislation because it reflected the Legislature's agreement in their importance of communities sharing in the costs of the decisions, therefore ensuring stronger community participation and responsibility. This legislation before me today sets us back in the progress we have made. Accordingly, I have made the difficult decision to veto it. As state revenues continue to decline, it will be very important that all levels of government maximize limited dollars. I believe the best way to do this is by maintaining the current 50 percent match requirement. Sincerely, /s/ Walter J. Hickel Governor SB 251 Message of May 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 251(FIN) "An Act relating to the commercial fishing revolving loan fund and the fisheries enhancement revolving loan fund; and providing for an effective date." 1994-07-15 Senate Journal Page 4797 SB 251 Chapter 62, SLA 1994 Effective Date: See Chapter SB 44 Message of May 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) am H "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date." Chapter 63, SLA 1994 Effective Date: 5/26/94 SB 227 Message of May 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 227 "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers." Chapter 64, SLA 1994 Effective Date: 8/23/94 SB 240 Message of May 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 240(CRA) "An Act relating to an optional municipal tax exemption for student housing for the University of Alaska." 1994-07-15 Senate Journal Page 4798 SB 240 Chapter 65, SLA 1994 Effective Date: 8/23/94 HB 447 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 447(FIN) "An Act establishing the Afognak Island State Park." Chapter 66, SLA 1994 Effective Date: 8/24/94 HB 351 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S "An Act relating to permits for the carrying of a concealed handgun; providing for local option elections in municipalities and established villages to prohibit the possession of a concealed handgun under a permit; and relating to the possession of weapons; and providing for an effective date." Chapter 67, SLA 1994 Effective Date: See Chapter SJR 39 Message of May 27 was read, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4799 SJR 39 SENATE JOINT RESOLUTION NO. 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. Legislative Resolve No. 45 SB 293 Message of June 1 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 293 "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law." Chapter 68, SLA 1994 Effective Date: 8/30/94 HB 254 Message of June 2 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 254 "An Act relating to open meetings of governmental bodies; and providing for an effective date." Chapter 69, SLA 1994 Effective Date: 6/3/94 1994-07-15 Senate Journal Page 4800 SB 319 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 319 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." Chapter 70, SLA 1994 Effective Date: 9/1/94 HB 299 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 299(FIN) am S "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 14 but not yet 21 years of age; to fees for reinstatement of a driver's license; and providing for an effective date." Chapter 71, SLA 1994 Effective Date: 7/1/94 HB 302 Message of June 4 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4801 HB 302 SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) am S "An Act excluding certain sports officials and certain recreational activities sanctioned by an employer from coverage provided under workers' compensation; and providing for an effective date." Chapter 72, SLA 1994 Effective Date: 6/5/94 SB 132 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 132(RES) "An Act relating to loans for the purchase of individual fishery quota shares; and providing for an effective date." Chapter 73, SLA 1994 Effective Date: 6/7/94 SB 135 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 135(FIN) "An Act making a special appropriation to the Department of Transportation and Public Facilities to determine the cost of acquiring real property within the right-of-way of the proposed extension of the Alaska Railroad from Eielson Air Force Base to the Alaska-Canada border; and providing for an effective date." Chapter 74, SLA 1994 Effective Date: 7/1/94 1994-07-15 Senate Journal Page 4802 SB 247 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 247(FIN) am H "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and, with certain exceptions, the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing lease-purchase agreements and lease-purchase agreements secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, setting limits on the duration of these agreements; and providing definitions for applicable terms; and providing for an effective date." Chapter 75, SLA 1994 Effective Date: 6/7/94 SB 342 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 342(STA) "An Act relating to risk based capital for insurers; and providing for an effective date." 1994-07-15 Senate Journal Page 4803 SB 342 Chapter 76, SLA 1994 Effective Date: 1/1/95 SB 338 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 338(FIN) "An Act relating to the issuance of revenue bonds for acquisition and construction of the Northern Crossroads Discovery Center for the Ship Creek Landings Project; relating to a study of the feasibility and financial viability of the Northern Crossroads Discovery Center; relating to construction of the Northern Crossroads Discovery Center; and providing for an effective date." Chapter 77, SLA 1994 Effective Date: 6/7/94 HB 78 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date." Chapter 78, SLA 1994 Effective Date: See Chapter HB 119 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4804 HB 119 SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Alaska Court System to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; and providing for an effective date." Chapter 79, SLA 1994 Effective Date: 7/1/94 HB 128 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating to paternity determinations and acknowledgements." Chapter 80, SLA 1994 Effective Date: 9/4/94 HB 180 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 180(RLS) "An Act relating to the residential housing inspection requirements of the Alaska Housing Finance Corporation." Chapter 81, SLA 1994 Effective Date: 9/4/94 1994-07-15 Senate Journal Page 4805 HB 316 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 316 "An Act adopting the Uniform Statutory Rule Against Perpetuities; and providing for an effective date." Chapter 82, SLA 1994 Effective Date: 1/1/96 HB 183 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA)(efd fld S) "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula." Chapter 83, SLA 1994 Effective Date: 9/4/94 HB 191 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 191 "An Act relating to cost recovery by contractors who operate state-owned hatcheries." Chapter 84, SLA 1994 Effective Date: 9/4/94 1994-07-15 Senate Journal Page 4806 HB 353 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 353 "An Act repealing the requirement of an annual audit of the receipts and expenditures applicable to certain property managed under the Horizontal Property Regimes Act." Chapter 85, SLA 1994 Effective Date: 9/4/94 HB 362 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 362(JUD) am S "An Act relating to the statute of limitations for actions brought upon a child support judgment; and establishing the crime of aiding the nonpayment of child support." Chapter 86, SLA 1994 Effective Date: 9/4/94 HB 394 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 394 "An Act relating to limited partnerships; and providing for an effective date." Chapter 87, SLA 1994 Effective Date: See Chapter 1994-07-15 Senate Journal Page 4807 HB 410 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 410(STA) "An Act relating to real estate appraisers and the Board of Certified Real Estate Appraisers." Chapter 88, SLA 1994 Effective Date: 9/4/94 HB 443 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 443(RES) am(efd fld) "An Act relating to the confidentiality of certain records relating to fish and wildlife." Chapter 89, SLA 1994 Effective Date: 9/4/94 HB 456 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 456(RLS) "An Act making appropriations to satisfy the agreed-upon monetary terms of certain collective bargaining agreements for certain public employees; and providing for an effective date." Chapter 90, SLA 1994 Effective Date: 6/7/94 1994-07-15 Senate Journal Page 4808 HB 462 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 462(RES) "An Act repealing certain provisions of the laws, other than those in the Alaska Land Act, relating to recording requirements, labor and improvement requirements, and size requirements for mining claims and providing for the suspension or waiver of state annual mining labor requirements when the federal government has suspended or waived federal annual mining labor requirements administratively or by statute; and providing for an effective date." Chapter 91, SLA 1994 Effective Date: See Chapter HB 510 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 510 "An Act making appropriations to satisfy the agreed-upon monetary terms of a collective bargaining agreement for certain employees of the University of Alaska; and providing for an effective date." Chapter 92, SLA 1994 Effective Date: 6/7/94 HB 518 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4809 HB 518 HOUSE BILL NO. 518 "An Act extending the termination date of the Board of Governors of the Alaska Bar Association; and providing for an effective date." Chapter 93, SLA 1994 Effective Date: 6/7/94 HB 221 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 221(L&C) "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date." Chapter 94, SLA 1994 Effective Date: 6/7/94 HB 266 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 266(RES) "An Act relating to guide-outfitter and master guide-outfitter licenses; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." Chapter 95, SLA 1994 Effective Date: 6/7/94 HB 313 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4810 HB 313 CS FOR HOUSE BILL NO. 313(JUD) "An Act relating to suspended imposition of criminal sentences and to the imposition of sentence when a suspended imposition of sentence is revoked." Chapter 96, SLA 1994 Effective Date: 9/4/94 HB 324 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 324 "An Act extending the termination date of the Board of Dental Examiners; and providing for an effective date." Chapter 97, SLA 1994 Effective Date: 6/7/94 HB 214 Message of June 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 214(JUD) "An Act allowing the parent or legal guardian of a minor to disclose information about the minor to certain state officials and state employees; prohibiting further disclosure of the information to unauthorized persons; amending Alaska Child in Need of Aid Rule 22; and providing for an effective date." Chapter 98, SLA 1994 Effective Date: 6/9/94 1994-07-15 Senate Journal Page 4811 HB 420 Message of June 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(STA)(efd am) "An Act relating to limited liability companies; and providing for an effective date." Chapter 99, SLA 1994 Effective Date: 7/1/95 HB 548 Message of June 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 548 "An Act relating to the construction of the Alaska Orbital Launch Complex by the Alaska Aerospace Development Corporation." Chapter 100, SLA 1994 Effective Date: 9/6/94 HB 249 Message of June 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 249(RLS) am S "An Act relating to electrical and mechanical administrators; and providing for an effective date." Chapter 101, SLA 1994 Effective Date: 6/9/94 1994-07-15 Senate Journal Page 4812 HB 455 Message of June 8 was received, stating: Dear Mr. President: On this date I have signed the following bill with a line item reduction and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 455 (FIN) am S "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date." Chapter 2, FSSLA 1994 Effective Date: 6/9/94 I approved funding for nearly all of the appropriations in this legislation. The fiscal year 1994 supplemental appropriations are less than $40 million, an amount far less than required in past years. I commend the departments and Legislature for keeping current year expenditures in check. The reduction I have made is: Section 24: I have exercised my line item reduction/veto authority by amending the amounts appropriated for the mental health and developmental disabilities institutions. During the finalization of this bill, the Legislature significantly reduced the required supplemental request without discussion of impacts. Health and Social Services' staff are diligently controlling costs, however, without this action the department would have been forced to close Alaska Psychiatric Institute and Harborview for the last part of June. Sincerely, /s/ Walter J. Hickel Governor 1994-07-15 Senate Journal Page 4813 SB 101 Message of June 8 was received, stating: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 101 (FIN) "An Act relating to interim assistance under the adult public assistance program; requiring the Department of Health and Social Services to consult with the Department of Education in order to develop an application process and disability determination system to implement the adult public assistance program." Among its provisions, this bill would eliminate state payment of interim assistance to certain low-income disabled Alaskans while their claims are being decided through the federal appeals process for the supplemental security income program. Since 1982, Alaska statutes have required these interim payments to provide limited cash assistance while these Alaskans pursue their federal claims, which can sometimes take as long as several years to be formally resolved. These Alaskans represent some of the state's neediest: they have little or no income and already have a doctor's determination that they are disabled and unable to work. Many Alaskans' applications for federal assistance are initially denied because the federal government's definitions of disability are very complicated, an applicant and his or her doctor do not always initially know what information is necessary to document an application for assistance, and overworked disability determination workers sometimes make mistakes. Because of the linkage between the state and federal assistance programs, these Alaskans are ineligible for any cash payments except under the state interim assistance program. If this bill was enacted into law, most of these Alaskans would have no cash assistance available to meet basic living needs while they pursued their claims for federal assistance. This is especially troubling because I understand that about 60 percent of these Alaskans who appeal will eventually be determined to be eligible for federal benefits. 1994-07-15 Senate Journal Page 4814 SB 101 While I support ways to make our public assistance system work better, this bill does not represent a means to materially improve that system, and may hurt the most needy disabled Alaskans. I do not believe that enacting this bill into law would be in the best interests of the state; therefore, I have vetoed HCS CSSB 101 (FIN). Sincerely, /s/ Walter J. Hickel Governor SB 366 Message of June 9 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 366(FIN) am H "An Act relating to medical support and health insurance coverage for children; allowing a member of the teachers' retirement system or the public employees' retirement system to assign to a Medicaid-qualifying trust the member's right to receive a monetary benefit from the system; relating to the effect of a Medicaid-qualifying trust on the eligibility of a person for Medicaid; relating to the recovery of certain Medicaid payments from estates and trusts; requiring persons who receive Medicaid services to be liable for sharing in the cost of those services to the extent allowed under federal law and regulations." Chapter 102, SLA 1994 Effective Date: 9/7/94 HB 4 Message of June 9 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4815 HB 4 CS FOR HOUSE BILL NO. 4(JUD) "An Act relating to failure to report harm or assaults of the elderly or disabled." Chapter 103, SLA 1994 Effective Date: 9/7/94 HB 356 Message of June 9 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 356 "An Act relating to living wills and do not resuscitate orders; and providing for an effective date." Chapter 104, SLA 1994 Effective Date: See Chapter HB 2 Message of June 9 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 2(RLS) am S "An Act requiring drug and alcohol tests for school bus drivers." Chapter 105, SLA 1994 Effective Date: 9/7/94 SB 330 Message of June 9 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4816 SB 330 CS FOR SENATE BILL NO. 330(RLS) "An Act relating to water quality enhancement, water supply, wastewater, and solid waste grants; the Alaska clean water fund; the establishment of the Alaska clean water account, the Alaska drinking water fund, and the Alaska drinking water account; and providing for an effective date." Chapter 106, SLA 1994 Effective Date: See Chapter HB 513 Message of June 9 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 513(STA) "An Act relating to financial assistance for certain owners or operators of underground petroleum storage tank systems; and providing for an effective date." Chapter 107, SLA 1994 Effective Date: 7/1/94 HB 230 Message of June 9 was received, stating: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 230 (FIN) am S "An Act relating to fees for a commercial fishing vessel license." 1994-07-15 Senate Journal Page 4817 HB 230 This bill would have made several changes to fees charged for licenses for commercial fishing vessels. It would have established a progressive schedule so that longer vessels are charged higher fees. It would have significantly increased the overall fees that are collected by the state. The problem with this bill is contained in the section which would have charged nonresident commercial fishermen twice the vessel license fees that are charged resident fishermen. The state currently has a differential fee for residents and nonresidents in connection with limited entry permits. This differential is presently before the courts to interpret its validity and I am concerned that the nonresident license differential provided by this bill will negatively impact the state's position in the current lawsuit. In that suit, we are defending a three-to-one differential that exists between resident and nonresident fishing permit fees. At stake in this suit are millions of dollars that will have to be refunded to nonresident commercial fishermen if the state does not prevail. When differential vessel license fees are added to existing nonresident permit fees and there is no corresponding increase in the state's expenditures for commercial fishery management, our ability to defend the existing permit fee differential is substantially weakened. While I agree that nonresidents should be charged more for their use of Alaska's resources, I do not believe it is prudent to increase the present differential until the courts finally rule on how much more the state may charge them. Otherwise, we will be jeopardizing our position in a multimillion dollar suit in return for a much smaller gain in revenues. There is another reason for vetoing an increase in costs to the commercial fishing industry. This industry is Alaska's largest private sector employer. Each year, it accounts for more than 30,000 jobs and millions of dollars of income to Alaskans. 1994-07-15 Senate Journal Page 4818 HB 230 Increased world salmon production has dramatically lowered prices paid to fishermen. Despite their current financial difficulties, Alaska fishermen were willing to step up and contribute to fish and game management through increased vessel fees. However, I believe that this is not the time to add additional operating costs to this important industry. I am therefore vetoing CSHB 230 (FIN) am S. Sincerely, /s/ Walter J. Hickel Governor SB 370 Message of June 9 was received, stating: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 370 (JUD) "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining `cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; and providing for an effective date." This bill would have done two things: upon payment of an exemption fee to the state, large cruise ships operating interstate could have provided gambling entertainment for ticketed passengers outside ports, and on board promotions of onshore businesses would have been required to disclose whether the business had paid a fee for mention in the promotion. 1994-07-15 Senate Journal Page 4819 SB 370 I do not support gambling. In my view, it is not a socially productive activity, and it may have a devastating effect on the fabric and finances of the families of those who gamble compulsively. I have consistently supported the strengthening of Alaska's current charitable gaming laws, to require accountability among operators and a guaranteed minimum return to the charities. I am not in favor of increasing the level of gambling within the state under any circumstances. I also believe the disclosure requirement for on board promotions, which is intended to provide relevant information and thereby promote informed decision-making by the cruise ship passenger, will enhance the reputation and credibility of our tourism industry. However, because of my serious concerns about the gambling portion of this bill, I must veto the bill in its entirety. Sincerely, /s/ Walter J. Hickel Governor HCR 39 Message of June 10 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 39 Suspending Uniform Rules 47 and 55 of the Alaska State Legislature relating to the carry over of bills to a special session. Legislative Resolve No. 57 HJR 43 Message of June 10 was received, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4820 HJR 43 CONFERENCE CS FOR HOUSE JOINT RESOLUTION NO. 43 Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal administration. Legislative Resolve No. 58 HB 259 Message of June 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 259(CRA) "An Act relating to general grant land entitlements for the Lake and Peninsula Borough; and providing for an effective date." Chapter 108, SLA 1994 Effective Date: 6/11/94 HB 342 Message of June 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 342(FIN) "An Act relating to the Alaska Tourism Marketing Council; increasing to at least 25 percent the share of the council's expenses that must be paid through contributions by an association that contracts to jointly manage the council; requiring disclosures in promotions on board tourism cruise ships; and providing for an effective date." Chapter 109, SLA 1994 Effective Date: 6/11/94 1994-07-15 Senate Journal Page 4821 HB 517 Message of June 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 517(JUD) "An Act relating to innocent misrepresentations by agents in real property transfers." Chapter 110, SLA 1994 Effective Date: 9/8/94 SB 303 Message of June 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 303 "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date." Chapter 111, SLA 1994 Effective Date: See Chapter HB 506 Message of June 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 506(FIN) am "An Act relating to student loans; to sanctions for defaulting on a student loan, including denial of a state occupational license; and providing for an effective date." Chapter 112, SLA 1994 Effective Date: See Chapter 1994-07-15 Senate Journal Page 4822 HB 367 Message of June 13 was received, stating: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 367 (JUD) am S "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising." This bill would have done three things: (1) it would have allowed the installation, on land adjacent to a highway right-of-way, of outdoor advertising intended to be seen from that highway; (2) it would have allowed the installation, under state supervision, of outdoor advertising signs within highway rights-of-way; and (3) it would have reduced, from a misdemeanor to a violation, the seriousness of a breach of outdoor advertising standards (although it would have increased the amount of the penalties that could be imposed). I do not believe that any of these results are desirable. One of my goals, restated many times, is to upgrade Alaska's road system to National Scenic Highway standards. This bill would be inconsistent with that goal by replacing some of Alaska's most magnificent natural scenery with commercial messages. The billboard battle was fought before statehood, and I have never wavered. One of the final actions I took as U.S. Secretary of the Interior was to ban all billboards on hundreds of millions of acres of public lands throughout America. Alaska has one of the strongest outdoor advertising laws in the United States. The result of our law is that the only signs along our highways are those installed by the state, municipalities, and the federal government, to provide directions to the traveling public or to give notice of spots of scenic or historic interest. With these 1994-07-15 Senate Journal Page 4823 HB 367 laws Alaskans have preserved a great public asset--Alaska's splendid scenery. The state and the visitor industry have spent millions of dollars in advertising Alaska's unique attractions. It makes little sense to spoil this great public asset which our summer visitors specifically come to see. At the same time, I recognize the need for providing directional information to travelers along Alaska's highways. That is why the Alaska Department of Transportation operates a Tourist Oriented Directional Sign program that allows information signs to be placed in the highway right-of-way with a small business designation listed on the sign. This program balances the need of providing valuable travel information with the desire to preserve Alaska's beautiful landscape. Alaska's laws banning outdoor advertising have been in force for nearly 30 years. They are still accomplishing their goal--preserving our magnificent scenic vistas. I must, therefore, veto this bill. Sincerely, /s/ Walter J. Hickel Governor HB 370 Message of June 15 was received, stating: Dear Mr. President: On this date I have signed the following bill with line item vetoes and reductions, and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 370 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." 1994-07-15 Senate Journal Page 4824 HB 370 Chapter No. 3, FSSLA 1994 Effective Date: 7/1/94 I have worked with my budget team, the entire cabinet, and the Legislature to assure budget reductions that bring this budget below 1994 spending levels. Alaska's fiscal policy-makers have tackled difficult questions that will continue to face not only the Legislature in the years to come, but each Alaskan as well. The Legislature seriously examined the varied programs and services state government provides its citizens and made some tough decisions. For example, significant reductions in medicaid funding will result in less medical services being provided to those most in need. Also, cuts to Corrections will continue serious overcrowding of our prison system. I remain committed to doing all I can in administering state government within these funding levels while maintaining necessary services to the people of this state. I have reduced some areas where I feel that legislative additions may have been inappropriate in light of reductions made to other programs. The Alaska Tourism Marketing Council is reduced by $500,000. This is still an increase of $500,000 over my original request. It is my hope that the visitors industry will continue to seek means of supporting these marketing efforts. Another reduction is $400,000 added to the Legislature's budget for increased per diem. I find it difficult to support raises for the Legislature when cuts are being made to Alaska's most needy programs. The challenge of state agencies will be to continue providing Alaskans with the quality and level of services they have come to expect--but with less dollars there will be noticeable changes to those services. This continues the trend I began when I came into office when I sought a gradual, responsible reduction in spending for government operations. The fiscal issues we have faced this year will not go away. We must continue to work together to strengthen our state's financial 1994-07-15 Senate Journal Page 4825 HB 370 backbone not just through reductions in spending, but through new economic development initiatives and improvement of state revenues. We need the support of all Alaskans. Sincerely, /s/ Walter J. Hickel Governor SB 363 Message of June 15 was received, stating: Dear Mr. President: On this date I have signed the following bill and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 363 (FIN) "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date." Chapter No. 4, FSSLA 1994 Effective Date: 7/1/94 I am happy to approve funding for many projects which help meet some of the basic needs in Alaska's communities. This capital budget provides over $25 million for water and sewer projects throughout Alaska. These state appropriations will help bring in additional federal funds to assist in rural water and sewer needs. We must continue to build upon this Administration's financial commitment to protecting the health of every Alaskan. I am pleased to see the continued support of the Legislature in appropriating $20 million for the capital matching grants program, one of my administration's highest priorities. In this time of 1994-07-15 Senate Journal Page 4826 SB 363 diminishing revenues, it is important that funds go to each community in the state to meet their highest priorities. It is the communities themselves that are better able to identify their most critical needs. The capital needs of this state far exceed the level of funding contained in this bill. We will continue to review the deferred maintenance needs of state facilities and find ways to maximize the funding received in the past. We are determined to make progress towards meeting our responsibilities to the State and Alaskans. Sincerely, /s/ Walter J. Hickel Governor SB 54 Message of June 17 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR SENATE BILL NO. 54 "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." Chapter 113, SLA 1994 Effective Date: 9/1/94 SB 349 Message of June 17 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 349(JUD) am H "An Act amending Alaska Rule of Criminal Procedure 6(r) relating to admissibility of hearsay evidence by peace officers before the grand jury." 1994-07-15 Senate Journal Page 4827 SB 349 Chapter 114, SLA 1994 Effective Date: 9/15/94 SB 350 Message of June 17 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 350 "An Act relating to a defendant's violation of conditions of release; and providing for an effective date." Chapter 115, SLA 1994 Effective Date: 6/18/94 SB 351 Message of June 17 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 351 "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings." Chapter 116, SLA 1994 Effective Date: 9/15/94 SB 353 Message of June 17 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 353(JUD) "An Act amending Alaska Rule of Criminal Procedure 24(d) relating to peremptory challenges of jurors in felony criminal proceedings." Chapter 117, SLA 1994 Effective Date: 9/15/94 1994-07-15 Senate Journal Page 4828 HB 442 Message of June 17 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) am S "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date." Chapter 118, SLA 1994 Effective Date: See Chapter HB 319 Message of June 21 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD) am S "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; allowing defendants who are unable to pay the surcharge to perform community work; creating the Alaska police standards training fund; and providing for an effective date." Chapter 119, SLA 1994 Effective Date: 1/1/96 SCR 23 Message of June 23 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 23 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 371, making appropriations to the mental health trust fund. 1994-07-15 Senate Journal Page 4829 SCR 23 Legislative Resolve No. 59 HB 201 Message of June 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by ch. 66, SLA 1991; and providing for an effective date." Chapter 5, FSSLA 1994 Effective Date: See Chapter HB 371 Message of June 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, proceeds from sale of Department of Natural Resources land sale contract portfolio, and constitutional budget reserve fund; making an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." Chapter 6, FSSLA 1994 Effective Date: 6/24/94 1994-07-15 Senate Journal Page 4830 SB 190 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 190(STA) "An Act relating to income withholding and other methods of enforcement for orders of support; relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d); and providing for an effective date." Chapter 7, FSSLA 1994 Effective Date: 7/8/94 HB 71 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 71 am S "An Act relating to the involuntary dissolution of Native corporations; and providing for an effective date." Chapter 120, SLA 1994 Effective Date: 6/29/94 HB 222 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S(ct rule fld S) "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement." 1994-07-15 Senate Journal Page 4831 HB 222 Chapter 121, SLA 1994 Effective Date: 9/26/94 HB 330 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 330(TRA) "An Act relating to the use of natural gas as a motor vehicle fuel in state-owned vehicles and to the Department of Transportation and Public Facilities' authority to participate in joint ventures related to natural gas." Chapter 122, SLA 1994 Effective Date: 9/26/94 HB 397 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 397(JUD) "An Act relating to the power to levy property taxes in second class cities." Chapter 123, SLA 1994 Effective Date: 9/26/94 HB 412 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 412(HES) am "An Act relating to facilities for the care of children; to child placement agencies; to maternity homes; to certain residential facilities for adults; and to foster homes for adults; and providing for an effective date." 1994-07-15 Senate Journal Page 4832 HB 412 Chapter 124, SLA 1994 Effective Date: See Chapter HB 538 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 538(HES) "An Act relating to uniform claims forms, uniform standards, and uniform procedures for processing data relating to billing and payment of health care services; relating to the Comprehensive Health Insurance Association and to health insurance provided to residents of the state who are high risks; and providing for an effective date." Chapter 125, SLA 1994 Effective Date: 7/1/94 SB 357 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 357(FIN) "An Act relating to certain study, publication, and reporting requirements by and to state agencies; relating to certain fees for reports; and providing for an effective date." Chapter 126, SLA 1994 Effective Date: 7/1/94 SB 256 Message of June 29 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4833 SB 256 CS FOR SENATE BILL NO. 256(TRA) "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date." Chapter 127, SLA 1994 Effective Date: See Chapter HB 153 Message of June 29 was received, stating: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 153 (JUD) am (efd fld S) "An Act related to the awarding of special good time deductions for prisoners participating in the Point MacKenzie Rehabilitation Project." The Point MacKenzie Rehabilitation Project is a program established by the Department of Corrections in which assigned prisoners help restore farm buildings that the state owns and herd reindeer kept on those farms. This bill would have required the commissioner of corrections to award a prisoner who voluntarily participates in the Point MacKenzie Rehabilitation Project with three days of special good time for each 30 days successfully completed as a participant in the project. All persons who are convicted of a crime and are sentenced to jail are eligible to receive an award of good time, which reduces time in jail, as long as they follow the disciplinary rules for prisoners. However, this bill would give extra good time only to prisoners who participate in just one of the many rehabilitative programs offered by the Department of Corrections. It does not provide a fair opportunity for all prisoners to earn this extra good time (for example, women are currently not eligible to participate due to budget and staff constraints). Likewise, the bill does not make it 1994-07-15 Senate Journal Page 4834 HB 153 more likely that the prisoners released early under this bill would present less of a danger to the public than would the general prison population. Because this bill does not treat everyone equally under the law, it is likely the state would be exposed to a legal challenge based on the equal protection clause of the State and United States Constitutions. In addition, I am concerned that further reducing sentences of those convicted of crimes will erode the principle of "truth in sentencing" and is not in the best interests of public safety. I think it is important that we maintain the public's confidence in the criminal justice system and I fear we would risk that confidence if criminals were further relieved of serving their sentence through enactment of this bill. Therefore, due to the lack of fairness and possible legal exposure to the state if the bill is enacted into law, I must veto it. Sincerely, /s/ Walter J. Hickel Governor HB 218 Message of June 29 was received, stating: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 218 (FSH)(efd fld) "An Act relating to the maximum length of salmon seine vessels." This bill would have eliminated the 58-foot limit on the length of salmon seine vessels and would have restricted the ability of the Board of Fisheries to consider the effects of such a change in a timely manner. 1994-07-15 Senate Journal Page 4835 HB 218 It would be difficult for the state's resource managers to effectively deal with the issues that could arise should the limit on the maximum length of salmon seine vessels be eliminated. These issues include changes in fishing patterns, impacts on fisheries resources, overcapitalization of the industry, and increased allocation disputes. Local fishers have expressed themselves quite strongly against the elimination of the 58-foot limit, as they rightfully believe they would be disadvantaged by this elimination. As we gain better control of the management of our fisheries in the North Pacific, we cannot justify actions that encourage bigger, more expensive boats to enter the fisheries. For salmon fisheries already in crisis due to changing world market conditions, this legislation could cause added stress. To avoid creating these risks to our salmon fisheries, I must veto CS HB 218(FSH)(efd fld). Sincerely, /s/ Walter J. Hickel Governor HB 347 Message of June 29 was received, stating: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: SENATE CS FOR CS FOR HOUSE BILL NO. 347 (STA) am S "An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions." 1994-07-15 Senate Journal Page 4836 HB 347 This bill would have required the principal departments of the executive branch to develop long-term plans, which would be reviewed by the Legislative Budget and Audit Committee and the Office of Management and Budget. A final, single long-term plan would be compiled by the Office of Management and Budget. While many of the ideas in the legislation are good ones, I do not believe that they need to be set in statute. As a matter of fact, I am signing today an administrative order that preserves the valuable points made in the legislation while preserving the proper roles of the executive and legislative branches of government. The legislation confuses the lines of responsibility in the executive branch. The Alaska Constitution requires that the heads of principal departments be confirmed by the Legislature. These department heads report directly to the Governor. This legislation appears to require those department heads to defend their long-term plans before the Legislative Budget and Audit Committee. This confuses the traditional roles between the executive and legislative branches. Any Governor can--and should--require state departments to conduct long-term planning. But to lock these requirements in statute hampers the flexibility that a Governor needs to meet the special problems of any particular time. There are already a great many strong planning programs in place and to statutorily establish another layer of planning, would be to create unnecessary confusion and incur unnecessary expense. This administrative order will put in place a process which includes appropriate input from the public and the Legislature in long-term planning and in measuring the effectiveness of state government services. Sincerely, /s/ Walter J. Hickel Governor HB 407 Message of June 29 was received, stating: Dear Mr. President: 1994-07-15 Senate Journal Page 4837 HB 407 Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CONFERENCE CS FOR HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." The original intent of this bill was simply to authorize the Department of Public Safety, division of motor vehicles, to issue vehicle registration plates commemorating the gold rush period. A section was added to the bill, however, that reduces the number of license plates to be displayed by vehicles in the state from two to one. Reducing the number of license plates would make it more difficult for other drivers, including law enforcement officers, to identify a vehicle when necessary, such as in cases of drunk drivers or a hit- and-run driver. Businesses that have drive-through windows rely on the front license plate number to be able to identify customers who fail to pay for their purchases. It would also make it more difficult for people to identify a vehicle that is pulling into their driveway, which can be important in stalking situations. Finally, law enforcement officers who observe traffic violations must be able to identify the vehicle from the front or the back. For these reasons, requiring two license plates on each vehicle makes sense. I am not convinced that significant reasons exist to change this practice. Accordingly, I am vetoing this bill. Sincerely, /s/ Walter J. Hickel Governor HB 441 Message of June 29 was received, stating: Dear Mr. President: 1994-07-15 Senate Journal Page 4838 HB 441 On this date I have signed the following bill with line item vetoes and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 441 (FIN) am S "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date." Chapter 8, FSSLA 1994 Effective Date: See Chapter I have made the following vetoes: Section 60: This section re-appropriates $150,000 from the Governor's ANWR education effort to purchase equipment for public broadcasting stations. It also re-appropriates $250,000 to Arctic Power, Inc. to continue its grassroots organizational efforts in support of opening up ANWR. I recognize the politically-expedient option would be to approve the broadcasting grants because I support the important role these stations play in serving communities around the state. However, I made the difficult decision to veto them. There are times when it is more important to make decisions that put all of Alaska first. Opening up ANWR continues to be one of the brightest hopes for Alaska's oil and gas future. To use ANWR funds now to buy radio station equipment would be at the expense of future efforts to open ANWR. We no longer can afford to make decisions that bring short-term political reward at the expense of the state's future. I am sensitive to the efforts of these radio stations to capture federal funds, and applaud them. However, the state already provides nearly $6 million in grants to stations around the state. In addition, $20 million has been made available to local communities through the Capital Matching Grants program in which local communities chose projects for state funding. With the state's recurring revenues in 1994-07-15 Senate Journal Page 4839 HB 441 decline, we no longer can afford to simply add more money to what we are already doing. Instead, priorities have to be set and choices made. I encourage these radio stations to work with the Alaska Public Broadcasting Commission on how existing grant funding might be used to meet these needs. I also encourage the radio stations to work with their community's local governments to secure capital matching grant funds. Section 78: This section appropriates $5 million to the Lower Kuskokwim School District for design and construction of the Newtok School. This appropriation would not be effective until June 30, 1995, and was to come from the interest earnings of the Public School Fund. The Newtok high school was destroyed by fire in late Spring and this appropriation, coupled with the insurance money, would provide an opportunity to combine the high school and elementary school in a new facility. While building one school in Newtok may make sense, I am concerned that doing so would be at the expense of all the school districts throughout the state. In addition to this $5 million, the Legislature also appropriated nearly $7 million from the Public School Fund for the K-12 foundation program. The anticipated balance in the Public School Fund is not enough to cover both appropriations. This could mean either the foundation funding for all school districts could be cut to make $5 million available for this grant or the grant could be significantly reduced based on the actual amount of earnings that remain in the fund at the end of the fiscal year. Because the Legislature did not intend for Newtok's grant funds to be available for another year, I decided to veto the appropriation at this time. The Legislature will have sufficient time to again consider funding the Newtok school project next legislative session. This ensures there is enough funding to cover the state's share of the operating costs of the state's public school system. Section 82: This section reappropriates $800,000 from Fiscal Year 1994 appropriations to the Legislature and more than $2,800,000 in unspent balances from prior year capital appropriations 1994-07-15 Senate Journal Page 4840 HB 441 to supplement Fiscal Year 1995 funding for municipal assistance and revenue sharing by about five percent. While I appreciate the Legislature's goal, this solution comes at the expense of needed capital projects. This appropriation was added during the last days of the legislative session to resolve a legislative dispute. Many prior year appropriations were targeted for repeal without adequate discussion of the impact to ongoing projects. These projects range from providing necessary repairs to correctional facilities, to grants to nonprofit organizations such as Challenge Alaska, to municipal water and sewer projects. The need for many of these capital appropriations has not diminished. If this section was left to stand, many worthwhile projects would have to be stopped prior to completion. Accordingly, I have vetoed the portions of this section that deal with prior year capital appropriations. However, I have left intact the reappropriation from the Legislature's budget because it was the Legislature's expressed wish that some of its funding be redirected to municipal governments. Sincerely, /s/ Walter J. Hickel Governor SB 215 Message of July 1 was received, stating: Dear Mr. President: I am allowing the following bill to become law without my signature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-07-15 Senate Journal Page 4841 SB 215 HOUSE CS FOR CS FOR SENATE BILL NO. 215 (FIN) am H "An Act relating to oil and hazardous substances; redesignating the oil and hazardous substance release response fund and relating to it; repealing the Citizens' Oversight Council on Oil and Other Hazardous Substances and the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund and repealing the authority of the Department of Environmental Conservation to levy and collect fees for review of certain submissions related to oil; altering requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances; terminating the nickel-per-barrel oil conservation surcharge; levying and collecting two new oil surcharges; and providing for the suspension and reimposition of one of the new surcharges." Chapter 128, SLA 1994 Effective Date: 10/2/94 This bill makes major changes to the Oil and Hazardous Substance Release Response Fund ("Response Fund" or "470 Fund"). It divides the nickel per barrel surcharge, with two cents financing the state's response activities and three cents financing prevention. I supported the 3-2 split concept. As I stated on March 24 of this year, the 5th anniversary of the grounding of the Exxon Valdez, I could not support legislation which weakens Alaska's ability to prevent or respond to an oil or hazardous substance spill. I am pleased that the Legislature amended the bill to provide for the 3-2 split in order to assure adequate funding for the Department of Environmental Conservation's prevention programs. However, I have serious misgivings about two actions the Legislature took, despite concerns expressed by members of my administration, which could diminish our prevention and response capability: 1.The bill creates the false expectation that the prevention account can provide sufficient funding for upgrading above- ground storage tanks. A comprehensive solution is needed. 1994-07-15 Senate Journal Page 4842 SB 215 The Rural Bulk Fuel Task Force I appointed last year estimates a funding need of nearly $300 million to clean up and upgrade Alaska's major rural bulk fuel tanks to meet federal standards. While we did propose a capital appropriation, and received $2.25 million from the general fund to fix those "worst case" tanks that are imminent spill risks this year, the State must not assume the total financial burden for upgrading these fuel tank systems. A key element of the "owner state" concept is that we all bear responsibility to manage our resources. Certainly in the case of above-ground storage tanks, the private sector and the federal government bear some responsibility. To provide for use of the prevention account as a source of funding for upgrading above- ground storage tanks without identifying other funding alternatives, is not responsible. 2.The bill makes restoration authority unclear. The Legislature, by failing to include an express authorization for use of the response account for restoration, regrettably cast doubt on the state's ability to restore and enhance the environment in the aftermath of a spill. This is deeply troubling to me because I believe restoration of the environment is a critical component of our efforts to safeguard our state's wondrous natural environment. However, notwithstanding the ambiguity created by the Legislature on this issue, the Attorney General has assured me that restoration of the environment is a permissible use of the response account. Despite the serious concerns I have about the above-ground storage tanks and restoration issues, I have decided to allow the bill to become law without my signature in recognition of the positive aspects of the bill. For instance, the bill enables the response fund to operate in a manner consistent with what was intended when it was established--a fund available to pay for responses to oil and hazardous substance releases that is financed by a surcharge on the crude oil industry that is partially discontinued when the fund has a $50 million balance. In addition, the bill provides for an ongoing stream of revenue from a three-cent-per-barrel surcharge to fund prevention programs. Finally, the bill still enables the state to respond to threatened and actual spills and clarifies certain reporting and accounting procedures. 1994-07-15 Senate Journal Page 4843 SB 215 Sincerely, /s/ Walter J. Hickel Governor HSCR 3 Message of July 7 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SPONSOR SUBSTITUTE FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 Disapproving Executive Order No. 89. Legislative Resolve No. 26 SB 248 Message of July 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR SENATE BILL NO. 248 2d "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." Chapter 129, SLA 1994 Effective Date: 7/9/94 SB 249 Message of July 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 249(HES) am "An Act relating to assisted living homes; relating to the conversion of an assisted living home to a nursing home; repealing references to residential facilities for dependent adults; abolishing the authority of certain municipalities to license or supervise institutions caring for dependent adults; and providing for an effective date." 1994-07-15 Senate Journal Page 4844 SB 249 Chapter 130, SLA 1994 Effective Date: See Chapter SB 250 Message of July 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR SENATE BILL NO. 250 "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date." Chapter 131, SLA 1994 Effective Date: See Chapter UNFINISHED BUSINESS HCR 32 Pursuant to HOUSE CONCURRENT RESOLUTION NO. 32 am S Establishing the Joint Task Force on Military Bases in Alaska, President Halford made the following appointments: Senator Kelly, Cochair Senator Phillips Senator Sharp House members are: Representative Mulder, Cochair Representative Kott Representative Sitton 1994-07-15 Senate Journal Page 4845 INDEX TO VETOED AND PARTIALLY VETOED BILLS TITLE ACTION PAGE SB 101 HOUSE CS FOR CS FOR SENATE Veto 4813 BILL NO. 101(FIN) "An Act relating to interim assistance under the adult public assistance program; requiring the Department of Health and Social Services to consult with the Department of Education in order to develop an application process and disability determination system to implement the adult public assistance program." SB 141 HOUSE CS FOR CS FOR SENATE Veto 4745 BILL NO. 141(FIN) "An Act relating to workers' compensation coverage for certain high school students in uncompensated work-study programs." SB 255 CONFERENCE CS FOR SENATE Veto 4794 BILL NO. 255 "An Act establishing a comprehensive policy relating to human resource development in the state." SB 363 HOUSE CS FOR CS FOR SENATE Partial 4825 BILL NO. 363(FIN) Veto "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date." 1994-07-15 Senate Journal Page 4846 SB 368 SENATE BILL NO. 368 Veto 4795 "An Act relating to the human services community matching grant program; and providing for an effective date." SB 370 HOUSE CS FOR CS FOR SENATE Veto 4818 BILL NO. 370(JUD) "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining `cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; and providing for an effective date." HB 153 CS FOR HOUSE BILL NO. 153(JUD) Veto 4833 am(efd fld S) "An Act related to the awarding of special good time deductions for prisoners participating in the Point MacKenzie Rehabilitation Project." HB 218 CS FOR HOUSE BILL NO. 218(FSH) Veto 4834 (efd fld) "An Act relating to the maximum length of salmon seine vessels." HB 230 CS FOR HOUSE BILL NO. 230(FIN) Veto 4816 am S "An Act relating to fees for a commercial fishing vessel license." 1994-07-15 Senate Journal Page 4847 HB 347 SENATE CS FOR CS FOR HOUSE Veto 4835 BILL NO. 347(STA) am S "An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions." HB 367 CS FOR HOUSE BILL NO. 367(JUD) Veto 4822 am S "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising." HB 370 CONFERENCE CS FOR HOUSE Partial 4823 BILL NO. 370 Veto "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." HB 407 CONFERENCE CS FOR HOUSE BILL Veto 4836 NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." HB 441 SENATE CS FOR CS FOR HOUSE Partial 4837 BILL NO. 441(FIN) am S Veto "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date." 1994-07-15 Senate Journal Page 4848 HB 455 SENATE CS FOR CS FOR HOUSE Partial 4812 BILL NO. 455(FIN) am S Veto "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date." INDEX TO LAW WITHOUT SIGNATURE BILLS TITLE ACTION PAGE SB 152 SENATE BILL NO. 152 Law 3956 "An Act changing the frequency of Without certain state inspections of weights and Signature measures and relating to the issuance of citations for weights and measures violations." SB 215 HOUSE CS FOR CS FOR SENATE Law 4840 BILL NO. 215(FIN) am H Without "An Act relating to oil and hazardous Signature substances; redesignating the oil and hazardous substance release response fund and relating to it; repealing the Citizens' Oversight Council on Oil and Other Hazardous Substances and the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund and repealing the authority of the Department of Environmental Conservation to levy and collect fees for review of certain submissions related to oil; altering 1994-07-15 Senate Journal Page 4849 SB 215 requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances; terminating the nickel-per-barrel oil conservation surcharge; levying and collecting two new oil surcharges; and providing for the suspension and reimposition of one of the new surcharges." HB 406 SENATE CS FOR CS FOR HOUSE Law 4509 BILL NO. 406(RLS) Without "An Act relating to municipal taxes and Signature fees on the air transportation of individuals or goods by federally certificated air carriers; and providing for an effective date." This final supplement of the Senate Journal completes the official record of the Second Session and First Special Session of the Eighteenth Legislature. Nancy Quinto Secretary of the Senate July 1994