Legislature(1995 - 1996)
1995-06-26 Senate Journal
Full Journal pdf1995-06-26 Senate Journal Page 1933 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE FIRST SESSION Juneau, Alaska Monday June 26, 1995 FIRST SUPPLEMENT CERTIFICATION As Secretary of the Senate, I wish to certify as to the correctness of the journals for the one hundred twentieth and one hundred twenty- first legislative days and Senate Journal Supplement No. 7. MESSAGES FROM THE HOUSE SB 123 Message of May 15 was received, stating the House has failed to rescind its action in failing to adopt: CONFERENCE CS FOR SENATE BILL NO. 123 "An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date." 1933 1995-06-26 Senate Journal Page 1934 SB 18 Message of May 16 was received, stating the House passed and returned: CS FOR SENATE BILL NO. 18(FIN) "An Act relating to an advisory vote during regional educational attendance area school board elections; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 71 Message of May 16 was received, stating the House passed and returned: CS FOR SENATE BILL NO. 71(FIN) "An Act relating to deep freeze classics, mercury classics, and snow machine classics; and providing for an effective date." The bill was referred to the Secretary for enrollment. SJR 20 Message of May 16 was received, stating the House passed and returned: CS FOR SENATE JOINT RESOLUTION NO. 20(RES) am Relating to the Western Alaska Community Development Quota Program, the inshore/offshore allocation process, and the North Pacific Fishery Management Council Comprehensive Rationalization Program. The resolution was referred to the Secretary for enrollment. HB 233 Message of May 16 was received, stating the Speaker has appointed a Free Conference Committee to consider: 1995-06-26 Senate Journal Page 1935 HB 233 SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date." and CS FOR HOUSE BILL NO. 233(FIN) am The Speaker appointed the following members to meet with the like committee from the Senate to consider the above bills: Representative Ogan, Chair Representative Kelly Representative Grussendorf HB 207 Message of May 16 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 207(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." HB 200 Message of May 16 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 200, thus passing: 1995-06-26 Senate Journal Page 1936 HB 200 HOUSE BILL NO. 200 am S "An Act reassigning responsibility for the custody of persons pending their arraignments, commitment to the custody of the commissioner of corrections, or admission to a state correctional facility, and authorizing the commissioner of corrections to employ guards for emergencies on the same basis as the commissioner of public safety, as partially exempt service employees; and providing for an effective date." HB 17 Message of May 16 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 17(L&C) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 17(FIN) "An Act expanding the services that may be offered by an electric cooperative to include sewer and water and gas services when authorized by the Alaska Public Utilities Commission, and to include direct satellite television services; relating to officers of a telephone or electric cooperative; relating to amendment of the articles of incorporation of a telephone or electric cooperative; and providing for an effective date." HB 268 Message of May 16 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 268(FIN), thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S(reengrossed) "An Act making and amending appropriations; and providing for an effective date." 1995-06-26 Senate Journal Page 1937 HB 122 Message of May 16 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 122(FIN), thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN) am S "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date." HB 286 Message of May 16 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 286(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) "An Act providing an exemption from gambling and certain alcoholic beverage 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; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date." COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: Department of Natural Resources, Board of Forestry, 1994 Annual Report on the Effectiveness of the Alaska Forest Resources and Practices Act and Regulations from Tomas H. Boutin, Presiding Officer in accordance with AS 41.17.047 1995-06-26 Senate Journal Page 1938 Department of Revenue, Division of Charitable Gaming, Preliminary Annual Report, December 1994 from Dennis Poshard, Director in accordance with AS 05.15.190 Department of Community and Regional Affairs, Community Financial Assistance, Annual Report from Mike Irwin, Commissioner University of Alaska Foundation, 1994 Annual Report from Scott Taylor, Executive Director Hazardous Substance Spill Technology Review Council, Annual Report 1994-1995 from Walter B. Parker, Chairman in accordance with AS 46.13.120 Oil Pollution Research and Technology Plan for the Arctic and Subarctic, Public Review Draft, June 1994 from Prince William Sound Oil Spill Recovery Institute, in cooperation with Alaska Department of Environmental Conservation, Hazardous Substance Spill Technology Review Council Alaska Marine Highway System, Annual Financial Report Fiscal Year ended June 30, 1994 from Gary L. Hayden, System Director in accordance with AS 19.65.070 Crime Reported in Alaska 1993, Uniform Crime Reporting from the Department of Public Safety Alaska Commission on Aging, 1994 Annual Report from Donald M. Hoover, Chairman Alaska Oil and Gas Conservation Commission 1994 Statistical Report from David W. Johnston, Chairman Forest Health Management Report, Forest Insect and Disease Conditions in Alaska, and Alaska Forest Insect & Disease Surveys, 1994 from Roger Burnside, Insect & Disease Forester, Alaska Department of Natural Resources and Ed Holsten, Entomologist, USDA Forest Service 1995-06-26 Senate Journal Page 1939 Kansas House Concurrent Resolution 5008 (stating that Kansas claims sovereignty under the 10th amendment to the Constitution of the United States, and this resolution serves as notice and demand to the federal government to cease and desist mandates that are beyond the scope of its constitutionally delegated powers), from Brad Bryant, Elections Division Virginia House Joint Resolution No. 625 (requesting that state legislatures apply to Congress for proposal of a Constitutional amendment providing for the calling of limited national constitutional conventions), from Bruce F. Jamerson, Clerk of the House Colorado House Joint Resolution 95-1005 (concerning the preemption by the United States Congress, in a late amendment to the "Federal Aviation Administration Authorization Act of 1994", P.L. 103-3-5, of state regulation of the prices, routes, and service of motor carriers of property operating in intrastate commerce, effective January 1, 1995), from the Honorable Chuck Berry, Speaker of the House. The following Budget and Audit Report was received from Randy S. Welker, Legislative Auditor, in accordance with AS 24.20.311 and is on file in the Office of the Secretary of the Senate: State of Alaska, Audit of General Purpose Financial Statements, for the Fiscal Year ended June 30, 1994 ENROLLMENT SB 53 HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; 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 10:30 a.m., May 19, 1995. SB 58 SENATE BILL NO. 58 am "An Act restricting the use of the title `industrial hygienist' and related titles and initials" 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 10:30 a.m., May 19, 1995. 1995-06-26 Senate Journal Page 1940 SB 25 SENATE BILL NO. 25 "An Act repealing vegetable dealer licensing and regulation" 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 10:00 a.m., May 23, 1995. SB 46 CS FOR SENATE BILL NO. 46(RLS) am H "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court; amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses relating to possession, control, or consumption of alcoholic beverages by a person under 21 years of age and possession of tobacco by a person under 19 years of age; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages" 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 10:00 a.m., May 23, 1995. SB 1 HOUSE CS FOR SENATE BILL NO. 1(FIN) "An Act relating to state implementation of federal statutes" 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 9:00 a.m., May 25, 1995. SJR 19 CS FOR SENATE JOINT RESOLUTION NO. 19(RES) Requesting the Congress to amend the Alaska National Interest Lands Conservation Act to clarify that the term "public lands" means only federal land and water and that any extension of federal jurisdiction onto adjacent land and water is expressly prohibited, 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 9:00 a.m., May 25, 1995. 1995-06-26 Senate Journal Page 1941 SB 135 HOUSE CS FOR SENATE BILL NO. 135(FIN) am H(efd fld S) "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals" 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 2:30 p.m., May 31, 1995. SB 92 HOUSE CS FOR SENATE BILL NO. 92(FIN) "An Act redefining the activities of the Alaska Housing Finance Corporation that are subject to the Executive Budget Act" 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 9:35 a.m., June 2, 1995. SB 87 HOUSE CS FOR CS FOR SENATE BILL NO. 87(JUD) "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of 'alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; 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 8:36 a.m., June 13, 1995. SB 122 HOUSE CS FOR CS FOR SENATE BILL NO. 122(STA) am H "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws" 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 8:36 a.m., June 13, 1995. 1995-06-26 Senate Journal Page 1942 SB 18 CS FOR SENATE BILL NO. 18(FIN) "An Act relating to an advisory vote during regional educational attendance area school board elections; 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 11:50 a.m., June 15, 1995. SB 71 CS FOR SENATE BILL NO. 71(FIN) "An Act relating to deep freeze classics, mercury classics, and snow machine classics; 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 11:50 a.m., June 15, 1995. SB 16 HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation" 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 3:20 p.m., June 15, 1995. SJR 20 CS FOR SENATE JOINT RESOLUTION NO. 20(RES) am Relating to the Western Alaska Community Development Quota Program, the inshore/offshore allocation process, and the North Pacific Fishery Management Council Comprehensive Rationalization 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 11:50 a.m., June 15, 1995. SB 172 SENATE BILL NO. 172(efd fld S) "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming" 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 1:20 p.m., June 20, 1995. 1995-06-26 Senate Journal Page 1943 ENGROSSMENT AND ENROLLMENT SR 4 SENATE RESOLUTION NO. 4 Requesting the Congress to clarify that the Reindeer Industry Act of 1937 no longer applies in the State of Alaska, was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:10 p.m., May 30, 1995. MESSAGES FROM THE GOVERNOR HB 286 Message of May 18 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. 286(FIN) "An Act providing an exemption from gambling and certain alcoholic beverage 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; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date." Chapter 31, SLA 1995 Effective Date: 5/19/95 SB 14 Message of May 19 was received, stating: Dear President Pearce: Under the authority of Art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CS for Senate Bill 14 (JUD) "An Act relating to criminal mischief." 1995-06-26 Senate Journal Page 1944 SB 14 I have both policy and fiscal concerns with CS for SB 14 (JUD). Under current law, juveniles are automatically tried as adults if they are at least 16 years of age and are charged with murder, kidnapping, first degree sexual assault, or other similarly serious felony offenses. This bill would have required juveniles to be automatically tried as adults, regardless of their age, for the misdemeanor offense of stealing a propelled vehicle, or riding in a stolen propelled vehicle. As defined in law, "propelled vehicle" includes cars, trucks, snow machines, all-terrain vehicles, motorcycles, boats, and construction equipment. The bill would have resulted in grossly inconsistent treatment of juvenile property offenders. On one hand, the bill would have required a 9-year-old who rode on a stolen snowmachine to be automatically prosecuted as an adult, receive a permanent criminal record, and be subject to a potential year in jail and a $5000 fine. On the other hand, a 17-year-old who committed a burglary and stole jewelry worth $10,000 would be prosecuted as a juvenile and would not receive a permanent criminal record. Treating a child who commits a misdemeanor more harshly than a teenager who commits a felony is illogical. Joyriding is a potentially dangerous offense, and its impact on victims must be taken seriously. However, we need a more comprehensive and uniform response to the problem than is taken in this bill. Despite its flaws, this bill reflects a sentiment, which I share, that Alaska's juvenile justice system is not working well. The juvenile code is outdated, and does not deal effectively with crimes committed by juveniles. Because we clearly need a comprehensive rewrite of the juvenile code that imposes meaningful penalties on juvenile offenders, several months ago I directed prosecutors and children's lawyers in the Department of Law to work with the Departments of Public Safety and Health and Social Services to revise and strengthen the juvenile code. This project is already underway. When the Departments have completed their initial draft of a new juvenile code, including recommendations on joyriding, I will ask members of the public to actively participate in developing the bill that I will ultimately submit to the Legislature. 1995-06-26 Senate Journal Page 1945 SB 14 I also vetoed CS for SB 14 (JUD) because the Legislature failed to fully fund the fiscal notes accompanying the bill. Despite testimony by the departments that CS for SB 14 (JUD) would cost $337.7 to implement, the Legislature only appropriated $149.5 for this purpose. We cannot continue to increase the responsibilities of the juvenile justice system without providing adequate funding to the agencies that are expected to carry out those responsibilities. I look forward to working with the sponsor and co-sponsors of CS for SB 14 (JUD) to revise and adequately fund Alaska's juvenile justice system to deal effectively with the challenges presented by today's delinquent young people. Sincerely, /s/ Tony Knowles Governor HB 125 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. 125(JUD) "An Act relating to disclosures to school officials of information about certain minors; and providing for an effective date." Chapter 32, SLA 1995 Effective Date: 5/20/95 HB 28 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: SENATE CS FOR CS FOR HOUSE BILL NO. 28(JUD) "An Act relating to the possession of weapons within the buildings of, grounds of, or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or 1995-06-26 Senate Journal Page 1946 HB 28 suspension of students possessing deadly weapons on school grounds; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district." Chapter 33, SLA 1995 Effective Date: 8/17/95 HB 9 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: CONFERENCE CS FOR HOUSE BILL NO. 9 "An Act relating to recovery of damages from a parent, legal guardian, or person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." Chapter 34, SLA 1995 Effective Date: 8/17/95 HB 108 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. 108 "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." Chapter 35, SLA 1995 Effective Date: 8/22/95 HB 183 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: 1995-06-26 Senate Journal Page 1947 HB 183 CS FOR HOUSE BILL NO. 183(FIN) "An Act limiting the authority of the Alaska Housing Finance Corporation to use money or another asset of the corporation to acquire or construct a building for the corporation's use and occupancy, and extending the requirements of preliminary evaluation, notice, and prior legislative approval of certain lease-purchase agreements to include proposed improvements to real property; and providing for an effective date." Chapter 36, SLA 1995 Effective Date: 5/25/95 HB 115 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 HOUSE BILL NO. 115(JUD) am "An Act relating to settlement and payment of claims for overtime compensation claims and to liquidated damages and attorney fees for overtime compensation claims." Chapter 37, SLA 1995 Effective Date: 8/22/95 SB 150 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. 150 "An Act establishing Dutch Harbor Remembrance Day." Chapter 38, SLA 1995 Effective Date: 8/22/95 1995-06-26 Senate Journal Page 1948 HB 214 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. 214 am "An Act relating to the maintenance by health care providers of medical records in an electronic format." Chapter 39, SLA 1995 Effective Date: 8/22/95 HB 86 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: CS FOR HOUSE BILL NO. 86(CRA)(title am) "An Act relating to municipal flat taxes on personal property and permitting municipalities to classify and exempt or partially exempt some or all types of personal property from ad valorem taxes." Chapter 40, SLA 1995 Effective Date: 8/23/95 SB 147 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 SENATE BILL NO. 147(RES) "An Act relating to a municipal river habitat protection tax credit." Chapter 41, SLA 1995 Effective Date: 8/23/95 SB 124 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: 1995-06-26 Senate Journal Page 1949 SB 124 SENATE BILL NO. 124 "An Act relating to the human services community matching grant program; and providing for an effective date." Chapter 42, SLA 1995 Effective Date: 7/1/95 SB 79 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: CS FOR SENATE BILL NO. 79(CRA) "An Act relating to errors in surveys of land and amending Alaska Rules of Civil Procedure 4 and 12." Chapter 43, SLA 1995 Effective Date: 8/23/95 HB 225 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: CS FOR HOUSE BILL NO. 225(RES) "An Act authorizing the commissioner of fish and game to issue permits to possess, import, or export elephants; and providing for an effective date." Chapter 44, SLA 1995 Effective Date: 5/26/95 SB 3 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: SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." 1995-06-26 Senate Journal Page 1950 SB 3 Chapter 45, SLA 1995 Effective Date: 8/24/95 HB 140 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. 140(FSH) "An Act relating to surety bonds required of certain fish processors." Chapter 46, SLA 1995 Effective Date: 8/24/95 SB 21 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 SENATE BILL NO. 21(RES) "An Act relating to penalties for violations of commercial fishing laws." Chapter 47, SLA 1995 Effective Date: 8/24/95 HB 208 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. 208(FSH) "An Act relating to seafood processing permits and hazard analysis critical control point plans; relating to seafood processing plans of operation and quality assurance plans; and providing for an effective date." Chapter 48, SLA 1995 Effective Date: See Chapter 1995-06-26 Senate Journal Page 1951 HB 239 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. 239(STA) "An Act declaring the four spot skimmer dragonfly as the official state insect." Chapter 49, SLA 1995 Effective Date: 8/24/95 SB 7 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 BILL NO. 7 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." Chapter 50, SLA 1995 Effective Date: 8/25/95 SB 67 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 BILL NO. 67 "An Act relating to the crime of unlawful evasion." Chapter 51, SLA 1995 Effective Date: 8/25/95 HB 35 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: 1995-06-26 Senate Journal Page 1952 HB 35 SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." Chapter 52, SLA 1995 Effective Date: 8/25/95 HB 39 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: CS FOR HOUSE BILL NO. 39(JUD) "An Act relating to the authority of mobile intensive care paramedics, physician assistants, and emergency medical technicians to pronounce death under certain circumstances." Chapter 53, SLA 1995 Effective Date: 8/25/95 HB 74 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: CS FOR HOUSE BILL NO. 74(FIN) "An Act relating to the assault of children by adults." Chapter 54, SLA 1995 Effective Date: 8/25/95 SB 154 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 BILL NO. 154 "An Act relating to an aggravating factor at sentencing." 1995-06-26 Senate Journal Page 1953 SB 154 Chapter 55, SLA 1995 Effective Date: 8/25/95 SB 28 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: CS FOR SENATE BILL NO. 28(FIN)(title am) "An Act requiring emissions inspection upon certain transfers of motor vehicle ownership; relating to fees for registration not conducted at a motor vehicle emissions inspections station and fees for motor vehicle emissions control programs; limiting motor vehicle emissions inspection to not more than once every two years and imposing a penalty for operating a motor vehicle in violation of emissions requirements; and providing for an effective date." Chapter 56, SLA 1995 Effective Date: See Chapter SB 115 Message of May 31 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. 115(FIN) am "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date." Chapter 57, SLA 1995 Effective Date: See Chapter 1995-06-26 Senate Journal Page 1954 SB 5 Message of May 31 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. 5(FIN) "An Act relating to the Alaska Election Code and to state election administration." Chapter 58, SLA 1995 Effective Date: 8/29/95 HB 13 Message of May 31 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. 13(STA) "An Act requiring persons filing for nomination for, or campaigning for election for, state elective office, persons authorized to make or incur political campaign expenditures before formally filing for nomination to state elective office, and groups acting on behalf of any of these, to file certain election campaign finance disclosure reports." Chapter 59, SLA 1995 Effective Date: 8/29/95 HB 169 Message of May 31 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. 169(RES) "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the mineral resources of the state." Chapter 60, SLA 1995 Effective Date: 8/29/95 1995-06-26 Senate Journal Page 1955 SB 142 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: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act establishing the Alaska Human Resource Investment Council and transferring certain functions of other entities to the council; abolishing the Employment Security Advisory Council; establishing a planning mechanism for employment training and other human resource investment needs; and providing for an effective date." Chapter 61, SLA 1995 Effective Date: See Chapter SB 53 Message of June 5 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. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Chapter 62, SLA 1995 Effective Date: See Chapter HB 234 Message of June 5 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. 234(JUD) "An Act relating to administrative adjudication under the Administrative Procedure Act." Chapter 63, SLA 1995 Effective Date: 9/3/95 1995-06-26 Senate Journal Page 1956 HB 130 Message of June 5 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. 130(FIN) "An Act relating to the adoption, amendment, and repeal of regulations." Chapter 64, SLA 1995 Effective Date: 9/3/95 HB 65 Message of June 5 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. 65(HES) am "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." Chapter 65, SLA 1995 Effective Date: 9/3/95 SB 117 Message of June 5 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. 117(HES) am H "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date." Chapter 66, SLA 1995 Effective Date: 6/6/95 HB 195 Message of June 5 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: 1995-06-26 Senate Journal Page 1957 HB 195 CS FOR HOUSE BILL NO. 195(RES) "An Act repealing the laws authorizing milk marketing orders." Chapter 67, SLA 1995 Effective Date: 9/3/95 SB 171 Message of June 5 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. 171(RES) "An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date." Chapter 68, SLA 1995 Effective Date: 6/6/95 SB 58 Message of June 5 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. 58 am "An Act restricting the use of the title `industrial hygienist' and related titles and initials." Chapter 69, SLA 1995 Effective Date: 9/3/95 HB 219 Message of June 5 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. 219(FIN) "An Act relating to medical care for prisoners; and authorizing special medical parole for severely medically disabled or quadriplegic prisoners." 1995-06-26 Senate Journal Page 1958 HB 219 Chapter 70, SLA 1995 Effective Date: 9/3/95 HB 297 Message of June 5 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. 297 "An Act relating to fees for a commercial fishing vessel license." Chapter 71, SLA 1995 Effective Date: 9/3/95 SB 93 Message of June 5 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. 93(RES)(efd fld S) "An Act relating to the disposal of state land along the Dalton Highway." Chapter 72, SLA 1995 Effective Date: 9/3/95 HB 274 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. 274(JUD) "An Act relating to the state's tuberculosis control program; and providing for an effective date." Chapter 73, SLA 1995 Effective Date: See Chapter 1995-06-26 Senate Journal Page 1959 SB 130 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. 130(RLS) "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date." Chapter 74, SLA 1995 Effective Date: 6/7/95 HB 237 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: CONFERENCE CS FOR HOUSE BILL NO. 237 "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance." Chapter 75, SLA 1995 Effective Date: 9/4/95 HB 315 Message of June 7 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: 1995-06-26 Senate Journal Page 1960 HB 315 CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology." Chapter 76, SLA 1995 Effective Date: 9/5/95 SB 88 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 SENATE BILL NO. 88(FIN) "An Act establishing a pilot program for charter schools; and providing for an effective date." Chapter 77, SLA 1995 Effective Date: See Chapter SB 25 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: SENATE BILL NO. 25 "An Act repealing vegetable dealer licensing and regulation." Chapter 78, SLA 1995 Effective Date: 9/7/95 1995-06-26 Senate Journal Page 1961 HB 201 Message of June 15 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. 201(FIN) am "An Act relating to prisoner litigation, post-trial motions, post-conviction relief, sentence appeals, execution on judgments against prisoners; amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521, 602, 603, and 604, Alaska Rules of Civil Procedure 3, 16.1, and 65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." Chapter 79, SLA 1995 Effective Date: See Chapter HB 159 Message of June 15 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. 159(FIN)(efd fld S) "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; relating to the offenses of driving while intoxicated and failure to submit to a chemical test of breath or blood." Chapter 80, SLA 1995 Effective Date: 9/13/95 SB 46 Message of June 15 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: 1995-06-26 Senate Journal Page 1962 SB 46 CS FOR SENATE BILL NO. 46(RLS) am H "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court; amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses relating to possession, control, or consumption of alcoholic beverages by a person under 21 years of age and possession of tobacco by a person under 19 years of age; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages." Chapter 81, SLA 1995 Effective Date: 9/13/95 HB 107 Message of June 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 HOUSE BILL NO. 107(FSH) "An Act relating to restrictions attached to certain commercial fisheries limited entry permits." Chapter 82, SLA 1995 Effective Date: 9/14/95 HB 182 Message of June 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: 1995-06-26 Senate Journal Page 1963 HB 182 CS FOR HOUSE BILL NO. 182(HES) "An Act allowing a dentist to delegate certain duties to a dental assistant." Chapter 83, SLA 1995 Effective Date: 9/14/95 HB 287 Message of June 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: HOUSE BILL NO. 287 "An Act relating to outdoor advertising on trash receptacles and restrictions on outdoor advertising." Chapter 84, SLA 1995 Effective Date: 9/14/95 SB 1 Message of June 16 was received, stating: Dear President Pearce: Under the authority of Art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR SENATE BILL NO. 1(FIN) "An Act relating to state implementation of federal statutes." This bill would require all commissioners and agency heads to review their programs every four years, in order to identify federal directives which are inconsistent with state policy or are not cost- effective. Commissioners and agency heads must also submit reports to the governor and the Legislative Budget and Audit Committee that recommend changes in federal law which will make federally mandated state programs consistent with state policy or more cost- effective. 1995-06-26 Senate Journal Page 1964 SB 1 I find it ironic that this "unfunded mandate" bill represents an unfunded mandate on state agencies. When the bill was introduced, seven departments submitted fiscal notes totaling nearly $700,000. However, the funding requested by these departments to implement HCS SB 1 (FIN) was entirely deleted by the Senate Finance Committee, apparently because the committee concluded that the departments already do what the bill requires. A regular review of major or problematic federal mandates is an integral part of good state agency management. However, I believe that the "scatter-gun" approach called for by HCS SB 1 (FIN), which requires a review of every state program linked to federal statutes or mandates, regardless of scope or level of importance, would be a wasteful use of public resources. The people of Alaska are better served by a focused approach which targets the federal mandates and programs which are of greatest importance and impact to Alaska. And, state agencies are reviewing and suggesting changes to these major federal mandates as a matter of course. Knowing of the Legislature's interest, I will ensure that the departments share this information with you. I recognize that the issue of unfunded federal mandates is an area of major concern to both the legislature and the public. I also agree with the underlying intent of this bill to seek changes in federal programs which have a negative impact or are excessively costly for Alaska. But this bill is unnecessary, and would add a new reporting requirement for virtually every state agency. Given our need to reduce the cost of state government wherever possible, we can't afford to impose unnecessary requirements like the ones in this bill on state agencies. Sincerely, /s/ Tony Knowles Governor SB 16 Message of June 16 was received, stating: Dear President Pearce: 1995-06-26 Senate Journal Page 1965 SB 16 Under the authority of art. 11, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation." The bill provides for the selection and transfer of 350,000 acres of state land to the University of Alaska. Ever since Statehood, the University of Alaska has sought to obtain more land for their management to raise revenue to support the university system. I would support the land coming from the federal government. Like school and mental health trusts, the University obtained "in place" territorial grants of 111,211 acres from the federal government. After Statehood, a bill passed the legislature that would have conveyed additional land to them. That legislation was vetoed by Governor Egan as not being in the best interest of the state because "the administrative procedures of the proposed act would complicate the work of the division of lands and would be both inefficient and confusing." Senate Bill 16 creates this same dilemma. In the efforts to settle the Mental Health case, the state went through countless versions, including at least five legislative attempts, of what was equitable for the mental health trust and what land conveyances industry and public interest groups could support. At the end, the state still came up short of the original 1,000,000-acre goal originally established by the courts. To try again, one year later to establish another trust land account, especially with a very complicated "process" bill like SB 16, would be extremely difficult and is questionable public policy. This legislation does not adequately protect municipalities that still need to select land to fulfill their entitlements. Over 1.3 million acres of state land are committed to municipalities. Of this, only 650,000 acres have been conveyed to municipalities, 310,000 acres are selected, and an additional 350,000 remain to be selected. Under 1995-06-26 Senate Journal Page 1966 SB 16 this legislation, the university can file selections before municipalities complete their selections. This problem is further compounded because some of the land already selected by municipalities will be rejected (including Original Mental Health Trust lands.) Boroughs that could be significantly negatively impacted by university selections are the Kenai Peninsula Borough, Lake and Peninsula Borough, Northwest Arctic Borough, and Denali Borough. In addition, this bill will further reduce opportunities for future boroughs to obtain land. As a result of these two processes (mental health and municipal), the state has found that there is minimal suitable land available that can generate short term revenues. By further splitting up what is available, it would add to overhead management costs and create further conflicts between land owners and users. If there was only one land owner, however, management would be by one entity and the money would be put in the general fund for allocation by the legislature to appropriate programs, including the university. This bill would convey both surface and subsurface land, including mineral, oil, and gas lands which the public strongly believes should belong to all Alaskans. Additional conveyances of the state's oil and gas interests to third parties will further fragment ownership in oil and gas prospective areas and thus add to the frustration already experienced by the oil and gas industry in their efforts to acquire leases in Alaska. The bill exempts the conveyance process from utilizing AS 38.04 and 38.05 processes although it does require the department to make a "best interest finding." Not following Title 38 will be very controversial and could lead to never-ending administrative and judicial appeals. The bill is convoluted and unclear as to how several of the provisions would be implemented. Finally, the land conveyed to the University, under SB 16, is to be considered private land. This has major impacts. For example, the rules for timber harvest and export are different for public versus private land. Private land is not subject to sustained yield, and has smaller stream buffers. 1995-06-26 Senate Journal Page 1967 SB 16 For these reasons, I have vetoed SB 16. Sincerely, /s/ Tony Knowles Governor SB 135 Message of June 16 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR SENATE BILL NO. 135(FIN) am H(efd fld S) "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals." Senate Bill 135 raises several substantial problems which have caused me to veto this legislation. The first is its treatment of Permanent Fund Dividend monies. Currently dividends are not paid to incarcerated felons. The money that would have been paid them is appropriated by the Legislature to programs such as the Violent Crimes Compensation Program which directs monies to people who are impacted by criminal behavior. SB 135 would have added non- incarcerated felons and incarcerated, third-time misdemeanants to the list of those denied dividends. While I have no problem with this action in itself, the bill would move up the timing of the action to "double dip" and make an "extra" year's withholding available for FY 96. This "double dip" would have the effect of denying approximately five dollars from each Alaskans' dividend checks next fall. Additionally, the bill provides an exception from having to disclose the use of these "extra" dividend funds on Alaskans' check stubs. I cannot be a party to this deception. 1995-06-26 Senate Journal Page 1968 SB 135 The "double dipping" provided $2.7 million for the Department of Corrections which has been identified in this year's operating budget, HB 100. These funds were not supplemental to the Department's budget, but rather supplanted general fund monies. While the Department could sorely use this money, I can not go along with this form of off-line, one-time budgeting. Next year the budget needs will not go away, but the one-time monies will have to be replaced with increased general funds. Additionally, some of the PFDs currently going to non-incarcerated felons and third-time misdemeanants, perhaps hundreds of thousands of dollars, are already going to state agencies. Currently DHSS alcohol rehabilitation programs, the Child Support Enforcement Agency and other state agencies are garnishing these lawbreakers PFDs to pay for services provided them. Directing their denied dividend monies to some state agencies and programs but not others may create serious shortfalls in the funding of some programs. Although this bill is badly flawed, I do think there are ways to restructure the bill which can achieve the primary purpose of taking PFD monies from those in our society to help pay for the significant expenditures of public monies their actions cause. I stand ready to work next year toward that end. Sincerely, /s/ Tony Knowles Governor HB 44 Message of June 16 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: 1995-06-26 Senate Journal Page 1969 HB 44 SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) "An Act relating to reporting by permittees, licensees, and vendors; relating to municipal regulation of charitable gaming; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles, and relating to those raffles; relating to identification to the public of each permittee that will benefit from the sale of each pull-tab series and each bingo session; providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group; and providing for an effective date." Although this Administration applauds efforts to reform campaign financing, the method proposed in this bill is flawed and off the mark. The bill would have prohibited contributions to political organizations, such as campaign committees or political parties, from the proceeds of charitable gaming, but would have permitted contributions to an individual candidate from these sources. This confusing provision invites abuse and illegal actions, intentional or unintentional, because of its interplay with current campaign finance requirements. This provision would have been virtually impossible to police because establishing a violation would have required proof of the contributor's degree of knowledge regarding the ultimate disposition of funds. Additionally, the policing of campaigns and contributions to political candidates and organizations comes under the aegis of the Alaska Public Offices Commission. This bill would have placed enforcement in the hands of the Department of Revenue, which has neither expertise nor experience in the administration of campaign and political organization monitoring. Further, the legislature did not fund the Department of Revenue to administer and enforce the bill. 1995-06-26 Senate Journal Page 1970 HB 44 The reforms the bill sought to achieve were aimed at charitable and civic organizations that wish to contribute to political causes, not at candidates or organizations themselves. Moreover, in reality the bill would not have prevented campaign contributions from these organizations, but would have simply dictated that funds used for contributions be generated from some source other than charitable gaming. A contributing organization, thus, would merely have had to allocate funds ordinarily used for other purposes, e.g., operating funds, to political contributions and make up the shortfall in that area from the proceeds of charitable gaming. This sort of shell game effects no real reforms on campaign financing. I am also troubled by the fact that the bill, in somewhat inconsistent fashion, appeared to advance the notion that money raised through gaming is tainted, yet it did not aim at all gaming. The bill would have permitted political organizations to conduct raffles, while denying them the ability to conduct any other sort of gaming operation. There is little really gained simply by barring some types of games, yet leaving the door open to a considerable opportunity to raise funds through another type of gaming. If money raised through gaming by political organizations is considered inappropriate, all sources of gaming proceeds should have been deleted. My administration stands ready to support reasonable, effective reforms that increase public confidence in campaign financing. Sincerely, /s/ Tony Knowles Governor HB 78 Message of June 16 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: 1995-06-26 Senate Journal Page 1971 HB 78 CONFERENCE CS FOR HOUSE BILL NO. 78 "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." I exercise my constitutional right of veto with considerable regret. As you recall, this bill had previously passed the House of Representatives with unanimous bipartisan support and after extensive work with the Administration. At the time, I hailed the House action as a significant step forward on the road to meaningful welfare reform in Alaska; reform that would train people for work-- put them to work--keep them working--and make it pay to work. Unfortunately, subsequent amendments resulted in a bill that would be irresponsible and have drastic impacts on children in Alaska. This bill still includes some very positive ideas that deserve to be part of our long-term strategy for welfare reform. The provisions of the bill relating to revocation of occupational and drivers licenses for persons in arrears on their child support payments are particularly desirable. With the continued support of the legislature for strengthening our child support enforcement efforts, I look forward to signing legislation on this subject next year. Unfortunately, the bill now includes some provisions that are ill- advised and premature, given pending Congressional action on federal welfare reform. Some provisions of this bill require changes in federal law that may never occur. Some of the benefit restrictions of the bill, like the lifetime limit on benefits, are more extreme than 1995-06-26 Senate Journal Page 1972 HB 78 the most restrictive policies we are likely to see adopted by Congress or any other state because of the risks these policies would pose for children. I favor the use of time limits that are carefully crafted to encourage persons to move from welfare to work; but I am troubled by the provisions of the bill which establish a 60 month lifetime limit on Aid to Families with Dependent Children (AFDC) benefits. Although the lifetime limit included in the bill appears to be based on a related provision in federal legislation recently passed by the United States House of Representatives, there is a critical difference between the two provisions. The federal legislation, which may or may not become law, would place a cap on benefits for a "family of an individual, who, after attaining 18 years of age, has received benefits under the program....for 60 months..." In contrast, the bill before me today states that "a person is not eligible to receive benefits...for more than a total of 60 months..." The effect of this provision bars a child whose parents use the program from ever receiving help again in his or her lifetime. This implies that it is the desire of the Legislature to limit children to a lifetime total of 60 months of benefits--regardless of the childs circumstances. While I can understand the logic of the federal legislation which is at least arguably designed to encourage able bodied adults to move off the welfare rolls to support their families, I cannot understand how this logic applies to children. Surely the state should not punish children throughout their lifetime for the actions of their parents. The 60 month lifetime limit also fails to acknowledge the reality of the Alaskan economy. While I am optimistic about the potential for economic growth in Alaska in the years to come, my optimism is nevertheless firmly rooted in a realistic assessment of where we are today. Alaskan families who find themselves suddenly unemployed due to sudden changes in our basic industries--the recent closure of the Wrangell mill, for example-- should not find themselves ineligible for assistance due to inflexible time limits. An absolute time limit on public assistance benefits makes sense only if there are 1995-06-26 Senate Journal Page 1973 HB 78 jobs available for people to support their families. Many rural communities suffer from chronic unemployment and urban Alaska, with its history of boom and bust economic cycles, cannot necessarily provide the number of new jobs needed to absorb a sudden increase of Alaskans who may have no means to support their children when they have exhausted their AFDC benefits. It would likely fall to local governments and local taxpayers to deal with the consequences of this shortsighted policy. In addition, another provision of the bill establishes a 24 month limit on benefits for families participating in the JOBS program. Given the 60 month lifetime limit, a significant disincentive is created for clients to engage in those activities most likely to result in long term self-sufficiency--vocational training and other educational activities. This simply makes no sense. The legislature also disregarded the fiscal implications of this bill. The Department of Health and Social Services provided the legislature with a detailed analysis of the costs as well as the savings generated by the bill. The legislature arbitrarily doubled the savings generated by the bill and reduced the costs of the bill by approximately one-half. The fiscal notes approved by the legislature for the first year are simply inadequate to implement the program. Finally, I fully recognize the need to contain costs in our public assistance programs and I truly believe that those who are able to work should work. However the underlying assumptions which seem to have led the legislature to adopt this bill in its final form--the belief that our public assistance programs are the object of widespread abuse by able-bodied adults who simply will not work-- prompt me to once again point out a simple fact that is all too often forgotten in the welfare reform debate. The fact is that most of the people receiving AFDC benefits for food, shelter and clothing are children--26,000 of them. Next year, after reviewing Congressional actions, I plan to propose a comprehensive set of publicly debated and carefully considered program recommendations on how best to contain the costs of the 1995-06-26 Senate Journal Page 1974 HB 78 AFDC programs and encourage clients to seek, obtain and maintain employment, while continuing to provide a safety net for our neediest children and families. Sincerely, /s/ Tony Knowles Governor HB 217 Message of June 16 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas." CS for House Bill 217 (L&C) am (efd fld) contains some important issues, but in its present form creates divisiveness. Taken as a whole, HB 217 does not adequately address the real problems that face our education system; rather it diverts attention away from those real problems. As Alaskans, we can do better than what is reflected in this bill. At one point in the legislative session we had a chance to reach a compromise on the four issues contained in HB 217. But this opportunity was muscled away. With my veto, I am restoring the opportunity to seek a compromise that Alaskans can live with. 1995-06-26 Senate Journal Page 1975 HB 217 While two years of teaching may in some cases not be enough time to properly evaluate some new teachers before granting tenure, four years, as proposed in HB 217, is probably unnecessarily long. The section on teacher layoff raises questions about the definition of a financial emergency and at what point a school district can justifiably layoff teachers. Simplifying the grievance process for dismissed teachers has merit, but the proposal in HB 217 likely will not realize the fiscal benefits that the bill envisions. We need to slow down and take another look at these issues. My Administration has strongly supported a public employee retirement incentive program (RIP) as a way to help school districts and local and state governments get their budgets under control. My veto will delay a RIP program for school districts for another year. But with my veto, I pledge to work aggressively with the Legislature next session for a RIP program that will be useful for all levels of government, including school districts. Additionally, I will ask a committee of Alaskans to find a more positive way to address the other elements contained in HB 217: teacher tenure, teacher layoff, and judicial review. The committee will consist of representatives of all concerned parties and regions of the state. I will also ask this group to develop a proposal for a new initiative not contained in HB 217 that I feel addresses an important ingredient largely missing from our school system. This new initiative will be aimed at the professional development of the teachers and administrators employed in our public schools to arm them with the state-of-the-art skills and knowledge in educational leadership and instructional practices. By placing our children in the care of a better trained educational work force, we can expect to see positive gains in the student achievement. I have asked my commissioner of education to facilitate this effort and to develop a proposal for introduction to the 1996 legislative session. 1995-06-26 Senate Journal Page 1976 HB 217 It is my belief that this approach will result in a plan that will enjoy the broad support of the people of Alaska. Together we can design and support changes in education that will be good for students, teachers, districts, and all of Alaska. Sincerely, /s/ Tony Knowles Governor HB 207 Message of June 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: SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." Chapter 85, SLA 1995 Effective Date: 6/20/95 HB 197 Message of June 20 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. 197(FIN) am S "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date." Chapter 86, SLA 1995 Effective Date: 6/21/95 1995-06-26 Senate Journal Page 1977 HB 10 Message of June 20 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. 10(STA) am "An Act relating to payment for emergency services responding to certain motor vehicle accidents." Chapter 87, SLA 1995 Effective Date: 9/18/95 SB 92 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: HOUSE CS FOR SENATE BILL NO. 92(FIN) "An Act redefining the activities of the Alaska Housing Finance Corporation that are subject to the Executive Budget Act." Chapter 88, SLA 1995 Effective Date: 9/19/95 UNFINISHED BUSINESS HB 268 The Senate requested the House return SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S "An Act making and amending appropriations; and providing for an effective date" for the following engrossing changes: Page 1, line 5: delete "sec. 127" insert "sec. 135" Page 8, line 8: delete "sec. 115, page 57, line 24" insert "sec. 135, page 61, line 11" 1995-06-26 Senate Journal Page 1978 HB 268 Page 31, lines 18-20: delete language insert"Sec. 119. The sum of $1,064,050 in federal receipts is appropriated to the Alaska Housing Finance Corporation for Cedar Park reconstruction for the fiscal year ending June 30, 1995." Page 32, line 32: delete "74-76" insert "73-76" after "84," insert "91," Page 35, line 12: manifest clerical error: change the funding source listed as "Other Funds" to "Federal Receipts", for Riverbend Construction (ED 4). Page 35, line 23: manifest clerical error: insert "and" between "Housing Development Program" and "Low Rent Housing" SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S(reengrossed) was returned to the House for consideration. The final supplement of the Senate Journal will be published in July. Nancy Quinto Secretary of the Senate June 1995