Legislature(1997 - 1998)
1997-07-10 House Journal
Full Journal pdf1997-07-10 House Journal Page 1923 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday July 10, 1997 Final Supplement CERTIFICATION OF THE JOURNAL As Chief Clerk, I certify as to the correctness of the journal for the 118th and 119th legislative days of the First Regular Session of the Twentieth Legislature. MESSAGES FROM THE SENATE HB 75 A message dated May 11, 1997, was received stating the Senate has adopted the Conference Committee with limited powers of free conference report on CSHB 75(FIN) am(brf sup maj pfld) and SCS CSHB 75(FIN) am S(brf fld S), thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 75 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, 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 House has adopted CCS HB 75 (page 1903). CCS HB 75 was referred to the Chief Clerk for engrossment and enrollment. 1997-07-10 House Journal Page 1924 HB 76 A message dated May 11, 1997, was received stating the Senate has adopted the Conference Committee with limited powers of free conference report on CSHB 76(FIN) and SCS CSHB 76(FIN) am S, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 76 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." The House has adopted CCS HB 76 (page 1906). CCS HB 76 was referred to the Chief Clerk for engrossment and enrollment. HCR 6 A message dated May 11, 1997, was received stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week. HCR 6 was referred to the Chief Clerk for enrollment. HJR 31 A message dated May 11, 1997, was received stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act. HJR 31 was referred to the Chief Clerk for enrollment. HJR 33 A message dated May 11, 1997, was received stating the Senate has passed: 1997-07-10 House Journal Page 1925 HJR 33 CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) Relating to Federal Aviation Administration approval of installations of tundra tires on aircraft. CSHJR 33(TRA) was referred to the Chief Clerk for enrollment. HJR 35 A message dated May 11, 1997, was received stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 35 Encouraging federal legislation to improve federal fiscal terms for a trans-Alaska gas pipeline. HJR 35 was referred to the Chief Clerk for enrollment. HB 127 A message dated May 11, 1997, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 127(FIN) "An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens' Review Panel for Permanency Planning as the Citizens' Foster Care Review Board; extending the termination date of the Citizens' Foster Care Review Board; relating to disclosures about certain minors; and providing for an effective date." CSHB 127(FIN) was referred to the Chief Clerk for enrollment. HB 198 A message dated May 11, 1997, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 198(FIN) "An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date." 1997-07-10 House Journal Page 1926 HB 198 CSHB 198(FIN) was referred to the Chief Clerk for enrollment. HB 212 A message dated May 11, 1997, was received stating the Senate has passed: HOUSE BILL NO. 212(title am) "An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages; and providing for an effective date." HB 212(title am) was referred to the Chief Clerk for enrollment. HB 222 A message dated May 11, 1997, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 222(TRA) am "An Act relating to abandoned, wrecked, or junk vehicles." CSHB 222(TRA) am was referred to the Chief Clerk for enrollment. HB 248 A message dated May 11, 1997, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 248(TRA) "An Act naming East Egan Drive in Valdez." CSHB 248(TRA) was referred to the Chief Clerk for enrollment. HB 256 A message dated May 11, 1997, was received stating the Senate has passed: HOUSE BILL NO. 256 am "An Act relating to calculation of the default rate for purposes of the student loan program and to regulation of postsecondary educational institutions; and providing for an effective date." 1997-07-10 House Journal Page 1927 HB 256 HB 256 am was referred to the Chief Clerk for enrollment. HB 266 A message dated May 11, 1997, was received stating the Senate has passed: HOUSE BILL NO. 266 "An Act relating to limited liability companies and limited partnerships; and providing for an effective date." HB 266 was referred to the Chief Clerk for enrollment. SCR 16 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendments to CSSCR 16(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 16(RLS) am H Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase. SB 7 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendment to CSSB 7(RLS) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) "An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing license and tag fees, and relating to nonresident sport fishing and hunting licenses and tags; and providing for an effective date." SB 13 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendment to CSSB 13(RLS), thus adopting: 1997-07-10 House Journal Page 1928 SB 13 HOUSE CS FOR CS FOR SENATE BILL NO. 13(HES) "An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; and providing for an effective date." SB 29 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendment to CSSB 29(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 29(RLS) "An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date." SB 38 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendment to CSSSSB 38(JUD), thus adopting: HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) "An Act relating to anatomical gifts, living wills, and do not resuscitate orders." SB 39 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendment to CSSB 39(JUD), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 39(JUD) "An Act relating to hazardous chemicals, hazardous materials, and hazardous waste." SB 70 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendments to CSSB 70(JUD), thus adopting: 1997-07-10 House Journal Page 1929 SB 70 HOUSE CS FOR CS FOR SENATE BILL NO. 70(FIN) am H "An Act relating to the discharge of firearms at or in the direction of buildings and dwellings." SB 107 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendments to CSSB 107(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 107(FIN) am H "An Act making, amending, and repealing capital and other appropriations; making appropriations to capitalize funds; and providing for an effective date." SB 141 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendments to CSSB 141(RLS) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." SB 150 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendments to CSSB 150(RLS) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 150(FIN) am H "An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees' retirement system." SB 178 A message dated May 11, 1997, was received stating the Senate has concurred in the House amendment to CSSB 178(FIN) am, thus adopting: 1997-07-10 House Journal Page 1930 SB 178 CS FOR SENATE BILL NO. 178(FIN) am H "An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; relating to the purchase by the Alaska Housing Finance Corporation of an office building in Anchorage; and providing for an effective date." MESSAGES FROM THE GOVERNOR HB 112 A letter dated May 12, 1997, was received from Pat Pourchot, Legislative Director, Office of the Governor, stating pursuant to the veto override of the following: CS FOR HOUSE BILL NO. 112(FIN) "An Act amending the definition of 'political party' except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of 'political organization' as applied to the regulation of games of chance and contests of skill." The engrossed and enrolled copies were transmitted to the Lieutenant Governor for permanent filing and the following chapter number was assigned: Chapter No. 31, SLA 1997 Effective Date: August 9, 1997 SB 41 A letter dated May 12, 1997, was received from Pat Pourchot, Legislative Director, Office of the Governor, stating pursuant to the veto override of the following: HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) "An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations." 1997-07-10 House Journal Page 1931 SB 41 The engrossed and enrolled copies were transmitted to the Lieutenant Governor for permanent filing and the following chapter number was assigned: Chapter No. 29, SLA 1997 Effective Date: August 9, 1997 SB 136 A letter dated May 12, 1997, was received from Pat Pourchot, Legislative Director, Office of the Governor, stating pursuant to the veto override of the following: HOUSE CS FOR CS FOR SENATE BILL NO. 136(FIN) "An Act relating to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills." The engrossed and enrolled copies were transmitted to the Lieutenant Governor for permanent filing and the following chapter number was assigned: Chapter No. 30, SLA 1997 Effective Date: August 9, 1997 ENROLLMENT HB 6 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:00 a.m., May 13, 1997: SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S "An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors; and amending Rule 3(c), Alaska Delinquency Rules." HB 23 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled 1997-07-10 House Journal Page 1932 HB 23 copies were transmitted to the Office of the Governor at 10:00 a.m., May 13, 1997: CS FOR HOUSE BILL NO. 23(RES) "An Act relating to management of state land; and relating to access to land." HB 26 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:00 a.m., May 13, 1997: HOUSE BILL NO. 26 "An Act relating to big game tags for wolves; and providing for an effective date." HB 66 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:00 a.m., May 13, 1997: CS FOR HOUSE BILL NO. 66(HES) "An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a centralized public health laboratory facility." MESSAGES FROM THE GOVERNOR HB 20 A message dated May 15, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 20(FIN) "An Act relating to dog mushers' contests." Chapter No. 35, SLA 1997 Effective Date: August 13, 1997 1997-07-10 House Journal Page 1933 HB 115 A message dated May 15, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 115(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." Chapter No. 32, SLA 1997 Effective Date: See Chapter HB 119 A message dated May 15, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 119(JUD) "An Act raising the limit on small claims actions to $7,500; amending Rule 9, Alaska Rules of Administration; and providing for an effective date." Chapter No. 33, SLA 1997 Effective Date: July 1, 1997 HB 133 A message dated May 15, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 133(L&C) "An Act relating to regulation of architects, engineers, and land surveyors; extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." Chapter No. 36, SLA 1997 Effective Date: July 1, 1997 1997-07-10 House Journal Page 1934 SB 67 A message dated May 15, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 67(JUD) "An Act relating to the imposition of criminal sentences; and amending Rule 32.2, Alaska Rules of Criminal Procedure." Chapter No. 37, SLA 1997 Effective Date: August 13, 1997 SB 89 A message dated May 15, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 89(L&C) "An Act relating to regulation of barbers and hairdressers; extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date." Chapter No. 34, SLA 1997 Effective Date: July 1, 1997 ENROLLMENT HB 9 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 16, 1997: SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S "An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of 'incapacitated' for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the 1997-07-10 House Journal Page 1935 HB 9 safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date." The following memorandum, dated May 9, 1997, was received from Jill Bryson, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43 of the Uniform Rules, I am reporting the following manifest errors in SCS CSHB 9(FIN) am S that have been corrected in enrolling: Page 10, line 10 Following "date of" Insert "the relevant section of" Page 10, line 11 Following "date of" Insert "the relevant section of" Page 10, line 13 Following "date of" Insert "secs. 3 - 6 of" Page 10, line 15 Following "date of" Insert "secs. 7 - 8 of" These changes correct a technical error that occurred when a second effective date (for secs. 13 and 21) was added to the bill, thereby making a reference to the "effective date of this Act" incorrect. These corrections tie the applicability provisions to the effective date of the sections affected. In addition the reference to "secs. 7 - 8" on page 10, line 15, reflects the prohibition against ex post facto criminal laws." HB 18 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 16, 1997: 1997-07-10 House Journal Page 1936 HB 18 HOUSE BILL NO. 18 am S "An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities." HB 46 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 16, 1997: SENATE CS FOR CS FOR HOUSE BILL NO. 46(FIN) am S "An Act relating to mining; and providing for an effective date." HB 83 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 16, 1997: CS FOR HOUSE BILL NO. 83(STA) am S "An Act relating to regulation of commercial vehicles; and providing for an effective date." HB 145 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 16, 1997: SENATE CS FOR CS FOR HOUSE BILL NO. 145(FIN) "An Act relating to certification of teachers; and providing for an effective date." HB 146 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 16, 1997: 1997-07-10 House Journal Page 1937 HB 146 CS FOR HOUSE BILL NO. 146(FIN) "An Act relating to competency testing requirements for secondary students; and providing for an effective date." MESSAGES FROM THE GOVERNOR HB 25 A message dated May 21, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 25(RES) "An Act relating to the issuance of hunting, trapping, and noncommercial fishing licenses, tags, and permits and to residency for fish and game purposes; and providing for an effective date." Chapter No. 38, SLA 1997 Effective Date: January 1, 1998 SCR 9 A message dated May 21, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 9 Declaring June 1 - 7, 1997, to be Alaska Garden Week. Legislative Resolve No. 28 SCR 10 A message dated May 21, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 10 Supporting continued use of Alaska's renewable furbearer resources. Legislative Resolve No. 35 1997-07-10 House Journal Page 1938 SCR 16 A message dated May 21, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HCS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 16(RLS) am H Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase. Legislative Resolve No. 34 SJR 14 A message dated May 21, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 14 am H Relating to support for federal legislation permitting state concealed handgun permittees to carry concealed handguns in other states. Legislative Resolve No. 25 SJR 16 A message dated May 21, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 16(RES) am H Relating to reauthorization and reform of the Endangered Species Act. Legislative Resolve No. 23 SJR 19 A message dated May 21, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1939 SJR 19 SENATE JOINT RESOLUTION NO. 19 Relating to naming Anchorage as the location of the 2001 Special Olympics World Winter Games. Legislative Resolve No. 29 SJR 23 A message dated May 21, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 23 Urging the United States Congress to amend the Social Security Act so that the higher cost of living in Alaska is reflected when the per capita income of the state is used as a factor in determining the federal share of Medicaid costs. Legislative Resolve No. 30 SJR 25 A message dated May 21, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 25 Supporting enhancement of visitor access to Denali National Park and Preserve through development of a northern railroad route corridor access to the vicinity of Wonder Lake. Legislative Resolve No. 26 SJR 30 A message dated May 21, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1940 SJR 30 SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 30 Relating to the defense of Alaska from offensive nuclear attack. Legislative Resolve No. 36 SB 14 A message dated May 22, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 14(JUD) "An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer." Chapter No. 39, SLA 1997 Effective Date: August 20, 1997 ENROLLMENT HJR 34 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:20 a.m., May 22, 1997: HOUSE JOINT RESOLUTION NO. 34 Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska. HB 151 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:20 a.m., May 22, 1997: 1997-07-10 House Journal Page 1941 HB 151 SENATE CS FOR CS FOR HOUSE BILL NO. 151(RES) "An Act relating to personal hunting of big game by big game guides while clients are in the field, to activities of transporters in the field, to use area registration for portions of additional guide use areas by registered guides, to oral examinations for a registered guide license or a game management unit certification, and to eligibility for big game guide licenses, game management unit certifications, or a transporter license." HB 158 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:20 a.m., May 22, 1997: HOUSE BILL NO. 158 "An Act relating to attendance at a public school on a part-time basis." HB 250 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:20 a.m., May 22, 1997: CS FOR HOUSE BILL NO. 250(O&G) "An Act establishing a North Slope Gas Commercialization Team to develop recommendations regarding a North Slope gas project; and providing for an effective date." MESSAGES FROM THE GOVERNOR HB 13 A message dated May 27, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1942 HB 13 CS FOR HOUSE BILL NO. 13(FIN) am "An Act relating to marine safety training and education programs." Chapter No. 40, SLA 1997 Effective Date: August 25, 1997 HB 103 A message dated May 27, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 103(FIN) "An Act repealing certain state funds and accounts and boards, limitations, and programs related to those funds and accounts; and providing for an effective date." Chapter No. 42, SLA 1997 Effective Date: July 1, 1997 HB 106 A message dated May 27, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 106 "An Act relating to the municipal assistance program and the organization grant program; and providing for an effective date." Chapter No. 43, SLA 1997 Effective Date: July 1, 1997 HB 107 A message dated May 27, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1943 HB 107 HOUSE BILL NO. 107 "An Act relating to water quality enhancement and water supply, wastewater, and solid waste systems grants; and providing for an effective date." Chapter No. 44, SLA 1997 Effective Date: July 1, 1997 HB 114 A message dated May 27, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE BILL NO. 114(RLS) "An Act relating to health care data and registration of births." Chapter No. 46, SLA 1997 Effective Date: August 25, 1997 HB 214 A message dated May 27, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 214 am S "An Act relating to an employer's knowledge of an employee's physical condition for purposes of the Alaska Workers' Compensation Act; excluding certain participants in the Alaska temporary assistance program from coverage under the Alaska Workers' Compensation Act; and providing for an effective date." Chapter No. 45, SLA 1997 Effective Date: See Chapter SB 91 A message dated May 27, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1944 SB 91 CS FOR SENATE BILL NO. 91(STA) am "An Act relating to the regulation of physical therapists, physical therapy assistants, occupational therapists, and occupational therapy assistants; extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date." Chapter No. 47, SLA 1997 Effective Date: July 1, 1997 SB 124 A message dated May 27, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 124 "An Act relating to salmon classics and race classics." Chapter No. 41, SLA 1997 Effective Date: August 25, 1997 SB 13 A message dated May 28, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 13(HES) "An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; and providing for an effective date." Chapter No. 48, SLA 1997 Effective Date: See Chapter SB 1 A message dated May 29, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1945 SB 1 HOUSE CS FOR CS FOR SENATE BILL NO. 1(JUD) "An Act relating to living and working conditions of prisoners in correctional facilities operated by the state, and authorizing the commissioner of corrections to negotiate with providers of detention and confinement services under contract to apply those conditions and limitations on services to persons held under authority of state law at facilities operated under contract or agreement; relating to services provided to prisoners; amending the definition of 'severely medically disabled' applicable to prisoners seeking special medical parole; amending provisions of the correctional industries program; and extending the termination date of the Correctional Industries Commission and the program." Chapter No. 49, SLA 1997 Effective Date: August 27, 1997 SB 83 The following letter, dated May 29, 1997, was received at 8:27 p.m.: "Dear Speaker Phillips: On this date I have signed the following bill ªwith partial vetoesß 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. 83(FIN) am H "An Act making and amending appropriations; amending 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 No. 50, SLA 1997 ªEffective Date: May 30, 1997ß The FY97 supplemental appropriations bill which I have signed today is the result of a continuing effort by the executive and legislative branches to exercise budget discipline in three ways: 1) to budget, for the most part, on a full year basis; 2) to acknowledge in the annual budget plan that some supplementals will be necessary; and 3) to 1997-07-10 House Journal Page 1946 SB 83 manage within the parameters of that budget plan. These are not simply onetime improvements; we have done them each of the three years since I made this part of my budget discipline commitment to Alaskans. I am pleased the Legislature agreed with most of the supplemental requests from our state agencies. Several of your additions to that list were taken from our proposed capital budget. While our opinions may differ about the necessity of including them in the FY97 supplemental bill instead of the FY98 and FY99 capital budgets, these projects are worthwhile nonetheless. As governors before me have done routinely, I vetoed legislative intent provisions because they are not generally appropriate in an appropriations bill. These vetoes should not necessarily be interpreted as disagreement with the underlying intent. For instance, I agree wholeheartedly the future of the power cost equalization program needs thorough analysis and broad public discussion prior to the next legislative session. I am also interested in having representatives of my Administration serve with legislators on the steering committee which will oversee the studies of state employee salaries and benefits, and of comparative school district costs. (The Departments of Administration and Education did express concern during the session that adding only $50,000 for the school study may result in insufficient funding for these two extensive comparative reviews). Although the appropriation for emergency repairs to Perseverance Trail includes language which would appear to make it conditional upon the transfer of right-of-way ownership from the state to the City and Borough of Juneau, the Department of Law has informed me this violates the state constitutional requirement that bills for appropriations shall be confined to appropriations. (Art. II, sec. 13.) The merits of any statutory requirement for right-of-way transfer must be considered in separate legislation. Since the appropriation and the purported condition are severable, the appropriation for the repair can still go forward. I would note nothing prohibits the state and the local government from reaching a separate agreement to this effect if both parties are willing and can agree on the terms of such a transfer. We will continue to discuss this with local officials. 1997-07-10 House Journal Page 1947 SB 83 I have approved the capital appropriations for timber sales and a related road development project. Although they were not part of my supplemental budget request, the Interior and Southeast timber sales were in my FY98 capital budget; your bill funds them at the level I proposed for both FY98 and FY99. The Kenai sales are very controversial, partly because they have not yet undergone the full public process and because there are concerns about wildlife habitat, particularly for brown bears. If done right, timber sales can bring jobs and economic development without sacrificing other resources and values which are important to Alaskans. I will ensure there is plenty of opportunity for an open, responsive public process in the planning of the sales. I will also ensure that habitat concerns are properly addressed by securing the full involvement of the Department of Fish and Game. Although the issue of an appraisal of public school trust lands should be revisited next session, I am vetoing the supplemental appropriation of $432,500 from the trust fund to do this work immediately. Net income from the trust may only be used for the support of the state public school program under AS 37.14.140. This currently provides about $9 million of the nearly $700 million necessary to fully fund the school foundation program. The issue of whether the trust has already been fully capitalized has been brought to the attention of the administration and the legislature. An appraisal would be required to determine for sure whether this is the case. However, if Alaskans decide that the best solution to long-term, secure funding for public education of Alaska's children includes a much-expanded public school trust, the appraised value of the lands could become a moot point. If thats the case, it would have been a waste of nearly half a million dollars to determine by next spring that the trust is already as big or bigger than originally intended. If we decide the best long-term education funding option does not involve the existing trust --or if we cannot agree on a plan soon --we can still do an appraisal. I pledge to work through this issue with the legislature and the public next session. The FY97 supplemental appropriations came within the $17 million allowance in our budget plans for the current year. This is due in large part to my Administration's commitment to budget discipline and 1997-07-10 House Journal Page 1948 SB 83 strong management by department managers and employees, as well as to legislative restraint in adding other items to the bill. We have also been fortunate this year to have a continued strong economy and no costly natural disasters so far. Either of these factors could have led to higher than anticipated supplementals. Next year I propose a further improvement in our supplemental budget process: more timely action on the supplemental so the budget status is clear before the tenth month of the fiscal year. My suggestion would be to have legislative action on the supplemental bill completed no later than the end of March. This would enable us to implement the final months of operating budgets more sensibly and to get emergency projects out to bid in time for the summer construction season. Any supplemental needs which arise after that date (such as additional judgments and claims, natural disasters, or modifications of formula program projections) could still be addressed in the final budget bills. I would be pleased to work with you toward this goal. Sincerely, /s/ Tony Knowles Governor" SB 178 A message dated May 29, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 178(FIN) am H "An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; relating to the purchase by the Alaska Housing Finance Corporation of an office building in Anchorage; and providing for an effective date." Chapter No. 51, SLA 1997 Effective Date: May 30, 1997 1997-07-10 House Journal Page 1949 ENROLLMENT HB 35 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:56 p.m., May 30, 1997: HOUSE BILL NO. 35 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." HB 63 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:56 p.m., May 30, 1997: SENATE CS FOR CS FOR HOUSE BILL NO. 63(RLS) am S "An Act relating to the tax on motor fuel; amending the definition of 'motor fuel' under the state's motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinery's capacity is expanded, to add exemption from the tax for certain number 6 'residual fuel oil,' also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and relating to use of ethanol to satisfy oxygenated fuel requirements; and providing for an effective date." HB 127 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled 1997-07-10 House Journal Page 1950 HB 127 copies were transmitted to the Office of the Governor at 2:56 p.m., May 30, 1997: CS FOR HOUSE BILL NO. 127(FIN) "An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens' Review Panel for Permanency Planning as the Citizens' Foster Care Review Board; extending the termination date of the Citizens' Foster Care Review Board; relating to disclosures about certain minors; and providing for an effective date." HB 153 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:56 p.m., May 30, 1997: CS FOR HOUSE BILL NO. 153(FIN) "An Act relating to the eligibility of aliens for state public assistance and medical assistance programs affected by federal welfare reform legislation; and providing for an effective date." HB 198 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:56 p.m., May 30, 1997: CS FOR HOUSE BILL NO. 198(FIN) "An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date." HB 212 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:56 p.m., May 30, 1997: 1997-07-10 House Journal Page 1951 HB 212 HOUSE BILL NO. 212(title am) "An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages; and providing for an effective date." HB 266 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:56 p.m., May 30, 1997: HOUSE BILL NO. 266 "An Act relating to limited liability companies and limited partnerships; and providing for an effective date." The following memorandum, dated May 21, 1997, was received from Jill Bryson, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43 of the Uniform Rules, I am reporting the following manifest error in HB 266 that has been corrected in enrolling: Page 12, line 3: Delete "of" MESSAGES FROM THE GOVERNOR HB 18 A message dated May 30, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 18 am S "An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities." 1997-07-10 House Journal Page 1952 HB 18 Chapter No. 53, SLA 1997 Effective Date: August 28, 1997 HB 46 A message dated May 30, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 46(FIN) am S "An Act relating to mining; and providing for an effective date." Chapter No. 56, SLA 1997 Effective Date: See Chapter HB 145 A message dated May 30, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 145(FIN) "An Act relating to certification of teachers; and providing for an effective date." Chapter No. 57, SLA 1997 Effective Date: See Chapter HB 146 A message dated May 30, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 146(FIN) "An Act relating to competency testing requirements for secondary students; and providing for an effective date." Chapter No. 58, SLA 1997 Effective Date: See Chapter 1997-07-10 House Journal Page 1953 HB 151 A message dated May 30, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 151(RES) "An Act relating to personal hunting of big game by big game guides while clients are in the field, to activities of transporters in the field, to use area registration for portions of additional guide use areas by registered guides, to oral examinations for a registered guide license or a game management unit certification, and to eligibility for big game guide licenses, game management unit certifications, or a transporter license." Chapter No. 61, SLA 1997 Effective Date: August 28, 1997 HB 158 A message dated May 30, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 158 "An Act relating to attendance at a public school on a part-time basis." Chapter No. 60, SLA 1997 Effective Date: August 28, 1997 SB 55 The following letter, dated May 30, 1997, was received: "Dear Speaker Phillips: 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: 1997-07-10 House Journal Page 1954 SB 55 HOUSE CS FOR CS FOR SENATE BILL NO. 55(FIN) "An Act relating to the definition of certain state receipts, to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills, eliminating the authority of a department to award a grant to a recipient other than the one named in the appropriation or allocation for the grant; and providing for an effective date." Chapter No. 59, SLA 1997 ªEffective Date: See Chapterß Because its worthwhile provisions for designated program receipts (the original subject of the bill) should not be tossed out along with a legislative add-on that prohibits an administration from opening the grants process up to competition when it is in the best interest of the state. I proposed the original designated program receipts bill last year to address a budgetary catch-22" that does not recognize the difference between activities that are self-supporting and those that are not. This bill does not include all my recommendations for what should be considered designated program receipts but it does move in the right direction. I would hope we could pursue further designations in the future if the Legislature agrees that this treatment of program receipts is consistent with good budget discipline. Current law allows the administration to solicit bids from other potential providers in lieu of a grantee named in a budget bill if a competitive process is deemed in the public interest. A provision in this bill bars competitive bids if monies are not granted to the designated recipient. In recent years, the Legislature and administrations have worked diligently and appropriately to reduce the proliferation of named grant recipients that occurred in the states boom years. The governors authority to put named grants out for competition under AS 37.05.316 has been exercised very rarely. While the bill allows the governor to 1997-07-10 House Journal Page 1955 SB 55 impound funds rather than issue a grant to a named recipient, this will not be an acceptable alternative if essential services must be provided. I will introduce a bill next session to maximize the opportunities for competitive grants when services are to be provided with public funds. Sincerely, /s/ Tony Knowles Governor" SB 103 A message dated May 30, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 103(FIN) "An Act relating to hearings before and fees for the State Commission for Human Rights; and providing for an effective date." Chapter No. 52, SLA 1997 Effective Date: May 31, 1997 SB 177 A message dated May 30, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 177 "An Act relating to the international trade and business endowment; and providing for an effective date." Chapter No. 55, SLA 1997 Effective Date: May 31, 1997 SB 189 A message dated May 30, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1956 SB 189 CS FOR SENATE BILL NO. 189(FIN) "An Act relating to eligibility for and default, collection, and repayment of student loans; relating to nonrenewal of certain occupational licenses for default on a student loan; and providing for an effective date." Chapter No. 54, SLA 1997 Effective Date: See Chapter HB 9 A message dated June 3, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S "An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of 'incapacitated' for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date." Chapter No. 63, SLA 1997 Effective Date: See Chapter HB 66 A message dated June 3, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 66(HES) "An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a centralized public health laboratory facility." 1997-07-10 House Journal Page 1957 HB 66 Chapter No. 62, SLA 1997 Effective Date: September 1, 1997 HJR 34 A message dated June 4, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 34 Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska. Legislative Resolve No. 33 HB 6 The following letter, dated June 4, 1997, was received: "Dear Speaker Phillips: 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: SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S "An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors; and amending Rule 3(c), Alaska Delinquency Rules." Chapter No. 64, SLA 1997 ªEffective Date: September 2, 1997ß I am signing this bill because I believe a certain level of disclosure of names of juvenile offenders is appropriate to protect the public. Last year the Governors Conference on Youth and Justice recommended the names of juveniles found guilty of serious offenses be made public. This recommendation was included in legislation I introduced this past session. 1997-07-10 House Journal Page 1958 HB 6 However, I am concerned this bill goes too far in releasing the names of those youths who can be dealt with successfully without formal court intervention. Releasing the names of juveniles in these informally adjusted cases is something no other state has done. This is untested ground on which we should tread softly. Disclosure of these youths who have accepted responsibility for the act and are working with their parents and the state may place unnecessary obstacles in their path to trying to stay out of trouble. I encourage the legislature to revisit next year the disclosure of adjusted cases. Serious questions have also been raised concerning the provision in this bill that allows disclosure of juvenile offenders prior to their adjudication of guilt by the court. We will closely monitor these petitioned cases in the coming months to see if innocent youths and their families are being subjected to harmful public disclosure. The Governors Conference on Youth and Justice recommended many actions to address juvenile crime. A number of these recommendations are contained in bills and in my budget that I introduced this past session. Unfortunately, this is the only significant bill the legislature approved this year regarding our youth justice system. We must take a comprehensive approach to amending our youth justice system, including prevention and treatment, if we are to see positive results. Merely releasing the names of offenders will not turn the tide of increased juvenile crime. These legislative measures offered alternatives to the state court system in handling offenders, established a statewide treatment program for youths facing alcohol and drug problems, formally established the successful Healthy Families program, and improved the delivery of foster care services. I strongly urge attention to these bills during next years legislative session. Sincerely, /s/ Tony Knowles Governor" 1997-07-10 House Journal Page 1959 HB 23 The following letter, dated June 4, 1997, was received: "Dear Speaker Phillips: On this date I have signed the following bill and am transmitting the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 23(RES) "An Act relating to management of state land; and relating to access to land." Chapter No. 65, SLA 1997 ªEffective Date: September 2, 1997ß This bill is a marked improvement over the version of this bill I vetoed last year. Many changes were made to the legislation at the behest of the Department of Natural Resources which recognized the legitimate needs of the state to protect resources, public safety and private landownership through responsible land management actions. Although the bill would still curtail the Departments ability to administratively close general state lands strictly for aesthetic reasons, this rationale has rarely, if ever, been used for administrative closures. Furthermore, it is not unreasonable for this type of closure, or opening for that matter, to be brought to the legislature for a full public review and decision-making process. Sincerely, /s/ Tony Knowles Governor" HB 26 A message dated June 4, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1960 HB 26 HOUSE BILL NO. 26 "An Act relating to big game tags for wolves; and providing for an effective date." Chapter No. 70, SLA 1997 Effective Date: January 1, 1998 HB 83 The following letter, dated June 4, 1997, was received at 5:10 p.m.: "Dear Speaker Phillips: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 83(STA) am S "An Act relating to regulation of commercial vehicles; and providing for an effective date." The original intent of this bill was a good one. The bill changed the state commercial motor vehicle inspection program from one that has been inadequately financed and thus has been unable to meet its statutory mandates, to a more practical and less costly inspection program. Unfortunately, changes to the bill have necessitated a veto. The bills sponsor agrees that we need to work cooperatively over the interim period to develop a new bill for next session which meets the original intent of this legislation. Unfortunately, amendments were made to the bill that were apparently not fully examined by the participants in the legislative process. The resulting bill repeals the states authority to implement an independent inspection mechanism to assure compliance with safety standards for commercial motor vehicles. This raises the possibility that unsafe commercial motor vehicles will be operating on our highways and threatening the lives of Alaskans. It also jeopardizes our eligibility for federal highway funds. 1997-07-10 House Journal Page 1961 HB 83 The bill presents other problems, although not as critical to the safety of our highways. For example, it requires a person operating a commercial motor vehicle to carry proof of insurance. This is a good idea. However, it defines proof of insurance to include a certificate of self-insurance, and then cross-references an unrelated statute requiring self-insurance at significantly lower levels than those required for commercial motor vehicles. This is confusing at best, and creates the possibility that an owner or operator of a commercial motor vehicle will not be in a position to pay for damages the vehicle causes if it is in an accident. A practical and realistic commercial motor vehicle inspection program that protects the safety of our highways is important. I have asked my Administration to work with the bills sponsor and other interested parties over the interim period to develop a plan for new legislation for commercial motor vehicle inspection and monitoring that is in the best interests of all Alaskans. Sincerely, /s/ Tony Knowles Governor" SCR 15 A message dated June 4, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 15 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 152, relating to hospice care. Legislative Resolve No. 44 SCR 17 A message dated June 4, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1962 SCR 17 SENATE CONCURRENT RESOLUTION NO. 17 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 241, relating to the Pioneers' Home program. Legislative Resolve No. 43 SCR 18 A message dated June 4, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 18 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 63, relating to motor fuel taxes. Legislative Resolve No. 42 SB 9 A message dated June 4, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 9 "An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date." Chapter No. 67, SLA 1997 Effective Date: July 1, 1997 SB 88 A message dated June 4, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1963 SB 88 CS FOR SENATE BILL NO. 88(L&C) "An Act relating to the Board of Public Accountancy; extending the termination date of the Board of Public Accountancy; and providing for an effective date." Chapter No. 66, SLA 1997 Effective Date: July 1, 1997 SB 106 A message dated June 4, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 106 "An Act relating to the bond required of a notary public." Chapter No. 69, SLA 1997 Effective Date: September 2, 1997 SB 134 A message dated June 4, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 134(HES) "An Act relating to home schooling for elementary and secondary students." Chapter No. 68, SLA 1997 Effective Date: September 2, 1997 ENROLLMENT HCR 6 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:40 a.m., June 4, 1997: 1997-07-10 House Journal Page 1964 HCR 6 HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week. HCR 18 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:40 a.m., June 4, 1997: HOUSE CONCURRENT RESOLUTION NO. 18 Declaring 1997 to be observed as the 80th Anniversary of the University of Alaska Fairbanks and recognizing the vital role played by the University of Alaska Fairbanks. HJR 14 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:40 a.m., June 4, 1997: CS FOR HOUSE JOINT RESOLUTION NO. 14(RLS) Relating to supporting the "American Land Sovereignty Protection Act." HJR 27 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:40 a.m., June 4, 1997: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) Requesting the Federal Aviation Administration to grant exemptions from the "commuter rule" in order to maintain a high level of air safety and air transportation service in rural Alaska. HJR 30 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:40 a.m., June 4, 1997: 1997-07-10 House Journal Page 1965 HJR 30 SENATE CS FOR HOUSE JOINT RESOLUTION NO. 30(JUD) Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. HJR 31 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:40 a.m., June 4, 1997: HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act. HJR 33 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:40 a.m., June 4, 1997: CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) Relating to Federal Aviation Administration approval of installations of tundra tires on aircraft. HJR 35 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:40 a.m., June 4, 1997: HOUSE JOINT RESOLUTION NO. 35 Encouraging federal legislation to improve federal fiscal terms for a trans-Alaska gas pipeline. HB 109 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:40 a.m., June 4, 1997: 1997-07-10 House Journal Page 1966 HB 109 SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date." The following memorandum, dated May 16, 1997, was received from Jill Bryson, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43 of the Uniform Rules, I am reporting the following manifest error in SCS CSHB 109(RES) that has been corrected in enrolling: Page 1, line 6: Delete "any other" Insert "another" HB 141 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:50 a.m., June 9, 1997: SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) "An Act relating to a vessel permit moratorium for the Alaska weathervane scallop fishery; relating to management of the scallop fisheries; and providing for an effective date." HB 147 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:50 a.m., June 9, 1997: CS FOR HOUSE BILL NO. 147(HES) am "An Act relating to the expenses of housing nonresident charter school students; relating to authorizing charter school programs to 1997-07-10 House Journal Page 1967 HB 147 provide domiciliary and other services to nonresident charter school students; relating to duties of the state Board of Education; and relating to the establishment of state boarding schools." HB 152 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:50 a.m., June 9, 1997: SENATE CS FOR CS FOR HOUSE BILL NO. 152(RLS) "An Act relating to hospice care." HB 163 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:50 a.m., June 9, 1997: HOUSE BILL NO. 163 "An Act relating to designating gamma-Hydroxybutyrate as a schedule IVA controlled substance; and providing for an effective date." HB 207 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:50 a.m., June 9, 1997: SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) "An Act relating to employer drug and alcohol testing programs." HB 208 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:50 a.m., June 9, 1997: 1997-07-10 House Journal Page 1968 HB 208 SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) "An Act relating to the board of directors of the Alaska Aerospace Development Corporation." HB 222 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:50 a.m., June 9, 1997: CS FOR HOUSE BILL NO. 222(TRA) am "An Act relating to abandoned, wrecked, or junk vehicles." HB 241 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:15 a.m., June 10, 1997: SENATE CS FOR HOUSE BILL NO. 241(STA) "An Act relating to payment assistance for costs of residing in the Alaska Pioneers' Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the resident's spouse and dependents of the resident, the primary residence of the resident's spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; relating to claims against the estate of a beneficiary of the Pioneers' Home program; and providing for an effective date." HB 243 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:15 a.m., June 10, 1997: 1997-07-10 House Journal Page 1969 HB 243 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES) "An Act delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date." HB 246 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:15 a.m., June 10, 1997: HOUSE BILL NO. 246 "An Act naming the George W. Palmer Memorial Bridge." HB 248 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:15 a.m., June 10, 1997: CS FOR HOUSE BILL NO. 248(TRA) "An Act naming East Egan Drive in Valdez." HB 256 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:15 a.m., June 10, 1997: HOUSE BILL NO. 256 am "An Act relating to calculation of the default rate for purposes of the student loan program and to regulation of postsecondary educational institutions; and providing for an effective date." 1997-07-10 House Journal Page 1970 ENGROSSMENT AND ENROLLMENT HB 75 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:15 a.m., June 10, 1997: CONFERENCE CS FOR HOUSE BILL NO. 75 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, 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 76 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:15 a.m., June 10, 1997: CONFERENCE CS FOR HOUSE BILL NO. 76 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." MESSAGES FROM THE GOVERNOR HCR 6 A message dated June 11, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week. Legislative Resolve No. 41 1997-07-10 House Journal Page 1971 HCR 18 A message dated June 11, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 18 Declaring 1997 to be observed as the 80th Anniversary of the University of Alaska Fairbanks and recognizing the vital role played by the University of Alaska Fairbanks. Legislative Resolve No. 32 HJR 14 A message dated June 11, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 14(RLS) Relating to supporting the "American Land Sovereignty Protection Act." Legislative Resolve No. 31 HJR 27 A message dated June 11, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 27(TRA) Requesting the Federal Aviation Administration to grant exemptions from the "commuter rule" in order to maintain a high level of air safety and air transportation service in rural Alaska. Legislative Resolve No. 37 HJR 30 A message dated June 11, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1972 HJR 30 SENATE CS FOR HOUSE JOINT RESOLUTION NO. 30(JUD) Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. Legislative Resolve No. 27 HJR 31 A message dated June 11, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act. Legislative Resolve No. 40 HJR 33 A message dated June 11, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) Relating to Federal Aviation Administration approval of installations of tundra tires on aircraft. Legislative Resolve No. 39 HJR 35 A message dated June 11, 1997, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 35 Encouraging federal legislation to improve federal fiscal terms for a trans-Alaska gas pipeline. Legislative Resolve No. 38 1997-07-10 House Journal Page 1973 SB 3 A message dated June 11, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 3(JUD) "An Act authorizing prosecution and trial in the district court of municipal curfew violations, and providing for punishment of minors upon conviction for violation of a curfew ordinance." Chapter No. 72, SLA 1997 Effective Date: September 9, 1997 SB 39 A message dated June 11, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 39(JUD) "An Act relating to hazardous chemicals, hazardous materials, and hazardous waste." Chapter No. 71, SLA 1997 Effective Date: September 9, 1997 SB 68 The following letter, dated June 11, 1997, was received at 8:35 a.m.: "Dear Speaker Phillips: 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. 68(STA) "An Act relating to the Task Force on Privatization; and providing for an effective date." I agree state operations should be reviewed and functions identified where privatization may make sense from a financial and public policy 1997-07-10 House Journal Page 1974 SB 68 perspective. In fact, many state departments have been undertaking such evaluations as part of our continued effort to deliver public services more efficiently and effectively. However, the form and approach taken by this legislation is flawed. Although reviews such as this are within the purview of the Legislature, the usual mechanism to establish a legislative task force is by resolution, not by bill, with membership consisting exclusively of legislators and legislative appointees. This bill raises a separation of powers question by inappropriately mixing executive and legislative appointments. Furthermore, the bill mandates the type of representation of two of the governors three appointments on the proposed 13-person task force, foreclosing meaningful participation by the Administration. Additional problems with the bill include the conveyance to the task force of the power to administer oaths--a power normally reserved only to standing committees of the Legislature. I do not want my veto of this bill to indicate in any way a lessening of the Administrations commitment to examine privatization possibilities. I will direct my cabinet to continue to examine functions they administer that may be more appropriately handled by or contracted to the private sector. Additionally, the Administration stands ready to cooperate and to provide available information to any committee or task force the legislative leadership may appoint to review possible privatization opportunities. Sincerely, /s/ Tony Knowles Governor" HB 250 A message dated June 12, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1975 HB 250 CS FOR HOUSE BILL NO. 250(O&G) "An Act establishing a North Slope Gas Commercialization Team to develop recommendations regarding a North Slope gas project; and providing for an effective date." Chapter No. 76, SLA 1997 Effective Date: June 13, 1997 SB 7 A message dated June 12, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) "An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing license and tag fees, and relating to nonresident sport fishing and hunting licenses and tags; and providing for an effective date." Chapter No. 74, SLA 1997 Effective Date: January 1, 1998 SB 25 A message dated June 12, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 25(FIN) "An Act relating to the Department of Corrections' providing an automated victim notification and prisoner information system." Chapter No. 73, SLA 1997 Effective Date: September 10, 1997 SB 29 A message dated June 12, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1976 SB 29 HOUSE CS FOR CS FOR SENATE BILL NO. 29(RLS) "An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date." Chapter No. 75, SLA 1997 Effective Date: July 1, 1997 SB 34 A message dated June 12, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 34(FIN) "An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a Soldotna maintenance facility of the Department of Transportation and Public Facilities with total construction, acquisition, and other costs, excluding lease payments, of the project not exceeding $4,900,000." Chapter No. 77, SLA 1997 Effective Date: September 10, 1997 HB 35 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 35 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." Chapter No. 83, SLA 1997 Effective Date: June 14, 1997 HB 153 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1977 HB 153 CS FOR HOUSE BILL NO. 153(FIN) "An Act relating to the eligibility of aliens for state public assistance and medical assistance programs affected by federal welfare reform legislation; and providing for an effective date." Chapter No. 82, SLA 1997 Effective Date: See Chapter HB 212 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 212(title am) "An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages; and providing for an effective date." Chapter No. 86, SLA 1997 Effective Date: July 1, 1997 HB 266 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 266 "An Act relating to limited liability companies and limited partnerships; and providing for an effective date." Chapter No. 78, SLA 1997 Effective Date: July 1, 1997 SB 38 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 1978 SB 38 HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) "An Act relating to anatomical gifts, living wills, and do not resuscitate orders." Chapter No. 80, SLA 1997 Effective Date: September 11, 1997 SB 100 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 100 "An Act relating to grant authority for services for developmentally delayed or disabled children and their families." Chapter No. 85, SLA 1997 Effective Date: September 11, 1997 SB 104 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 104(FIN) "An Act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; relating to the portability and availability of health care insurance; making amendments to the insurance statutes to conform to federal requirements regarding health insurance; relating to the repeal of certain small employer health care insurance provisions; requiring that uninsured and underinsured motor vehicle insurance apply to claims of an insured even if other policy limits are not exhausted; repealing delayed 1997-07-10 House Journal Page 1979 SB 104 provisions relating to dental, vision, and hearing insurance in secs. 3 and 4, ch. 101, SLA 1992; repealing delayed provisions relating to small employer health care insurance in secs. 4, 7, 9, and 12, ch. 39, SLA 1993; repealing the delayed effective date in sec. 5, ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and providing for an effective date." Chapter No. 81, SLA 1997 Effective Date: See Chapter SB 112 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 112(JUD) "An Act relating to marriage licenses; and transferring responsibility for marriage licensing from judicial officers to the state registrar of vital statistics." Chapter No. 79, SLA 1997 Effective Date: September 11, 1997 SB 154 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 154(FIN) am "An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate 1997-07-10 House Journal Page 1980 SB 154 administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance with a support order or payment schedule if a court determines that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July 1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; 1997-07-10 House Journal Page 1981 SB 154 making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on July 1, 1999; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date." Chapter No. 87, SLA 1997 Effective Date: See Chapter SB 164 A message dated June 13, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 164(HES) am "An Act relating to the authority of an emergency medical technician at the scene of an accident or emergency." Chapter No. 84, SLA 1997 Effective Date: September 11, 1997 HB 63 A message dated June 16, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 63(RLS) am S "An Act relating to the tax on motor fuel; amending the definition of 'motor fuel' under the state's motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in 1997-07-10 House Journal Page 1982 HB 63 flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinery's capacity is expanded, to add exemption from the tax for certain number 6 'residual fuel oil,' also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and relating to use of ethanol to satisfy oxygenated fuel requirements; and providing for an effective date." Chapter No. 88, SLA 1997 Effective Date: See Chapter SB 70 A message dated June 16, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 70(FIN) am H "An Act relating to the discharge of firearms at or in the direction of buildings and dwellings." Chapter No. 89, SLA 1997 Effective Date: September 14, 1997 HB 109 A message dated June 20, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry 1997-07-10 House Journal Page 1983 HB 109 land purchase contracts and patents; and providing for an effective date." Chapter No. 91, SLA 1997 Effective Date: See Chapter HB 127 A message dated June 20, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 127(FIN) "An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens' Review Panel for Permanency Planning as the Citizens' Foster Care Review Board; extending the termination date of the Citizens' Foster Care Review Board; relating to disclosures about certain minors; and providing for an effective date." Chapter No. 94, SLA 1997 Effective Date: June 21, 1997 HB 141 The following letter, dated June 20, 1997, was received: "Dear Speaker Phillips: 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: SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) "An Act relating to a vessel permit moratorium for the Alaska weathervane scallop fishery; relating to management of the scallop fisheries; and providing for an effective date." Chapter No. 97, SLA 1997 ªEffective Date: June 21, 1997ß 1997-07-10 House Journal Page 1984 HB 141 This bill is structured quite similar to fishery moratorium bills I signed last year: House Bill 547, regarding Southeast Alaska dive fisheries; and House Bill 538, regarding the Bering Sea Korean hair crab fishery. I accompanied the signing of last years bills with a letter expressing the need for the moratoriums in order to protect the resources, but noting management of specific fisheries should not be conducted through legislation. It is more appropriate that our professional fisheries administrators, boards and commissions manage these valuable resources. With the signing of HB 141, I reiterate it is unfortunate provisions in existing law regarding the imposition of a moratorium are cumbersome and ineffective, making impossible the quick and necessary imposition of a moratorium. Rather than resorting to imposing moratoriums through legislation on a case by case basis, it is essential we rewrite our moratorium statutes so our professional fishery managers can implement them when necessary. Legislation was introduced this past session to accomplish this goal. House Bill 204 passed the House unanimously and is now in the Senate Resources Committee. I urge the Legislature to pass HB 204 in the 1998 session to avoid the need for further emergency legislation, such as this bill, for our developing fisheries. Sincerely, /s/ Tony Knowles Governor" HB 198 The following letter, dated June 20, 1997, was received: "Dear Speaker Phillips: 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: 1997-07-10 House Journal Page 1985 HB 198 CS FOR HOUSE BILL NO. 198(FIN) "An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date." Chapter No. 90, SLA 1997 ªEffective Date: June 21, 1997ß My Administration recognizes the importance of providing for economic opportunities and sound development of our natural resources. Despite having suffered significant budget cuts for commercial fisheries management over the past few years, the Alaska Department of Fish and Game (ADF&G), by working closely with Southeast Alaska communities and the fishing industry, opened the new sea urchin fishery in Southeast this year. It is critical to not jeopardize sound management of existing fisheries upon which Alaska communities and fishing families already depend, as we look to opening new fisheries. Without new funding, needed management costs must be absorbed at the expense of other valuable programs. Establishing self-assessing dive fishery associations through this legislation will provide additional management funds for this new fishery, assuming that these monies are treated as designated program receipts that do not compete with other limited general funds for the department during budget deliberations. While the current legislative leadership has stated its intention to treat funds generated by the dive fishery assessment as designated program receipts, statutory language may be needed to clarify and to ensure that future legislatures will treat them similarly. Additionally, even at the highest percentages allowed under the bill, the revenues generated under HB 198 will not be sufficient to fund management of the urchin fishery, and probably other dive fisheries. Without statutory revision, further budget demands may be placed on the department. In addition, the bill raises policy concerns. An assessment on a particular fishery to fund that fisherys own management is a new direction for fishery management. It may create a new client relationship between participants and managers of a given fishery. ADF&G will implement the bill in the Southeast sea urchin fishery 1997-07-10 House Journal Page 1986 HB 198 with care and caution, considering it a pilot project for this new approach. If problems arise, the department will come back to the Legislature to explain concerns and seek alternatives or amendments to the approach. Finally, HB 198 alone, does not prevent enormous amounts of harvested product from being exported directly out of state for processing. Further work is needed to ensure that employment and other economic benefits to Alaskans are maximized from this new fishery. While we must look for creative new ways to fund state services as state revenues decline, we must do so with eyes open and with great care. I look forward to continuing to work with those in the dive fisheries, processing industry, ADF&G, and the Legislature to ensure the economic potential of dive fisheries is realized while also protecting the resource and our fisheries management system. Sincerely, /s/ Tony Knowles Governor" SB 49 A message dated June 20, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 49 "An Act repealing certain filing statements and bonds for enforcement and collection of certain taxes and license fees; relating to service of process on nonresident taxpayers; and providing for an effective date." Chapter No. 93, SLA 1997 Effective Date: January 1, 1998 1997-07-10 House Journal Page 1987 SB 119 A message dated June 20, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 119(L&C) "An Act relating to fraternal benefit societies; and providing for an effective date." Chapter No. 96, SLA 1997 Effective Date: January 1, 1998 SB 130 A message dated June 20, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 130(efd fld H) "An Act amending the retirement incentive programs for municipalities and school districts." Chapter No. 92, SLA 1997 Effective Date: September 18, 1997 SB 141 The following letter, dated June 20, 1997, was received at 6:53 p.m.: "Dear Speaker Phillips: 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. 141(FIN) am H "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." This bill makes changes in Alaskas concealed handgun permit program. The current law strikes a thoughtful and carefully crafted balance between an individuals right to protection and the safety of 1997-07-10 House Journal Page 1988 SB 141 all Alaskans. Many of the changes to existing law in this bill made at the end of the legislative session were neither carefully considered nor intended. The bill would limit the effectiveness of Alaska police departments and the Alaska State Troopers because a hastily drafted amendment prohibits officers from carrying a concealed weapon unless they are certified as peace officers by the Alaska Police Standards Council or they have obtained a permit as a private citizen. This amendment presents several thorny problems. First, the Council does not certify peace officers; rather, it certifies police officers. This means that many peace officers, such as court security officers who transport prisoners, would not be able to carry a concealed handgun. Second, there is a probationary period for police officers of at least 14 months before they are certified by the Council, during which period the police officer could not carry a concealed handgun. Third, police agencies in small communities often do not require their officers to be certified by the Council. Thus, these officers would not be able to carry a concealed handgun. And finally, people who are specially commissioned for undercover police work would not be able to carry a concealed handgun. While the Legislature may not have intended this result, this bill effectively removes the ability of law enforcement administrators to manage personnel. The bill would allow concealed handguns to be carried into places where common sense says they simply should not be allowed: police departments, airports, Alaska Marine Highway vessels, government offices and, particularly problematic, facilities providing services to victims of domestic violence and sexual assault. The Legislature attempted to deal with the last category by adding to the weapons misconduct statute the prohibition of carrying a concealed weapon into a domestic violence or sexual assault shelter that receives funding from the state. However, it would be legal to carry a concealed weapon into federally or locally funded shelters and into buildings offering domestic violence programs. Not only does this raise constitutional fairness questions, but enforcement would be very difficult because the state would have to prove beyond a reasonable doubt that the person who entered the shelter knew or should have known it was state funded. 1997-07-10 House Journal Page 1989 SB 141 During the legislative debate, it was claimed that although the bill would allow concealed handguns to be carried where current law prohibits them, buildings could be posted with signs prohibiting concealed weapons, and persons who violate the posted signs could be arrested for criminal trespass. While this is true for private buildings that are not open to the public, it is not true for public buildings such as the legislature, police departments, and government offices. Further, quasi-public areas, such as commercial establishments and shopping malls, are usually treated like public buildings under the criminal trespass laws. Under current law criminal trespass in a public place is committed only after the person carrying the handgun is personally asked to leave the premises and refuses to do so. This bill clearly does not provide the people who work and do business in public places with adequate protection. In attempting to make it easier to obtain a concealed handgun permit, I believe the bill sweeps too broadly, and as a result allows people who are potentially dangerous to obtain or keep a permit to carry a concealed handgun. People who are indicted and not yet convicted for violent felonies may obtain a permit. People who are mentally ill and under medication, although not formally institutionalized, may obtain a permit as may people who have recently undergone voluntary treatment for alcohol or drug abuse. People who have been convicted of assault on certain household members may obtain a permit as well as those violating certain restraining orders. It is unwise to allow potentially dangerous people to carry concealed handguns. The bill does cure two of the problems I expressed last year when I vetoed similar legislation. This bill does not permit carrying guns in bars and would require a carrier consume no alcohol in restaurants that serve alcohol. The bill also creates a safer reciprocity provision that would allow out-of-state residents to carry concealed handguns in Alaska, as long as their home state requirements are as strict as Alaskas. Unfortunately, these fixes are clearly outweighed by the serious problems the bill creates. Many organizations and individuals have voiced strong opposition to this legislation, including the Alaska Chiefs of Police, the Alaska 1997-07-10 House Journal Page 1990 SB 141 Peace Officers Association, the Council on Domestic Violence and Sexual Assault and domestic violence shelters all across Alaska. Their experience and concerns, in addition to my own, make a veto necessary in the interest of public safety. Sincerely, /s/ Tony Knowles Governor" SB 149 A message dated June 20, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 149 "An Act relating to reports and audits concerning health care facilities; and providing for an effective date." Chapter No. 95, SLA 1997 Effective Date: June 21, 1997 SB 150 The following letter, dated June 20, 1997, was received at 6:53 p.m.: "Dear Speaker Phillips: 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. 150(FIN) am H "An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees' retirement system." Implementation of this bill would create inequities among state employees and require complex changes to the state's payroll and retirement systems that do not appear to be justified by cost savings, efficiencies, or other tangible benefits. 1997-07-10 House Journal Page 1991 SB 150 This legislation would prevent us from managing the state's workforce to maximum efficiency by producing higher administration costs, more cumbersome bureaucracy, and greater difficulty recruiting and retaining employees in already difficult areas of state government. While the legislation seeks to curb travel costs associated with transfers and to address legislative concern about manipulation of overtime to increase retirement benefits, our analysis indicates these problems are not widespread. At most, the problems may occur in isolated incidents. In fact, one of the problems this bill is designed to remedy is employees voluntarily moving to areas with high geographic pay differentials for the final years of employment to increase their retirement benefits. This problem was addressed in 1986 changes to the retirement system. Employees hired after July 1986 must earn at least half their credited service in the higher geographic differential area in order to count that service toward higher benefits. These changes appear to be working to their intended purpose. If our experience demonstrates that problems or abuses actually exist in the areas covered by this bill, we will take administrative actions to correct them and, where necessary, pursue changes to our collective bargaining agreements. My Administration stands ready to work with the legislature to identify and remedy any such problems. Sincerely, /s/ Tony Knowles Governor" HB 75 The following letter, dated June 30, 1997, was received at 8:17 p.m.: "Dear Speaker Phillips: On this date I have signed the following bill ªwith line item vetoesß and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1997-07-10 House Journal Page 1992 HB 75 CONFERENCE CS FOR HOUSE BILL NO. 75 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, 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." Chapter No. 98, SLA 1997 ªEffective Date: See Chapterß The single largest appropriation in this FY98 operating budget is a deposit of approximately $700 million in Permanent Fund earnings to the fund's principal. By protecting our seed corn--the Permanent Fund, Alaska Housing Finance Corporation (AHFC), and Alaska Industrial Development and Export Authority (AIDEA)--we help turn today's budget discipline into a benefit for future Alaskans. My original budget proposed some difficult cuts; my Administration worked with you on further cuts. In the coming year, our agencies will work to provide essential public services within significantly reduced budgets in areas such as fisheries management, transportation, and corrections. However, we recognize that additional large budget cuts may not allow us to adequately provide the services on which Alaskans depend. Some of the more severe legislatively proposed cuts were averted through joint efforts of the Administration, Legislature, and constituency groups to find other ways of funding or delivering service to the public. Key programs such as solid waste, tourism, and trade can therefore continue at what we hope will be a reasonable level. In areas such as public safety and child protection, budget cuts have prevented services from keeping pace with the needs of a growing population. Luckily, Alaskans were spared even deeper cuts in services by two external events that took place late in the session: a reduced Public Employees Retirement System retirement contribution requirement of $16 million--a benefit of the excellent investment market--and an Investment Loss Trust Fund settlement of $11 million. 1997-07-10 House Journal Page 1993 HB 75 The Administration and Legislature have worked together on numerous budget discipline improvements such as staying within the very modest supplemental budget target for FY97, implementing a reserves policy, and broadening our view of the budget to include all fund sources. However, the cuts in the FY98 general fund budget are based in part on using one-time funds for ongoing commitments such as $5 million in Investment Loss Trust Funds for the cost of living provisions of our negotiated labor contracts. We cannot count on receiving annual windfalls to meet these annual commitments. Some very important operating budget challenges remain for next session. It is essential we develop a funding plan for education that links quality education and state aid to schools. We must not allow arbitrary budget cut targets to prevent us from protecting public safety, developing our economy, and ensuring the well-being of our children. We have a lot of work ahead to manage the massive changes in welfare reform and Medicaid. These challenges must be part of our deliberations next session. In taking final action on the FY98 operating budget, I followed a long- standing gubernatorial tradition of vetoing intent language because it is not appropriate in an appropriations bill. I have done this whether I agree with the underlying concept or not. The exceptions to this veto policy are when the intent indicates the full year's appropriation should be completed through the supplemental budget or Legislative Budget and Audit processes. Some of the Legislature's intent language asks the Administration to provide the same service levels despite significant cuts, although we both know there is a relationship between funding and level of service. I have vetoed this type of intent language so the public does not have unrealizable expectations in areas such as road and airport maintenance, seafood inspection, and the Kenai Healthy Families program. Several vetoes are technical. The provisions in Section 12 relating to insurance and bond claims are not needed. Sections 30 and 31 for the Alaska Railroad are not necessary because the railroad is not subject to the Executive Budget Act; the veto has no impact on its ability to 1997-07-10 House Journal Page 1994 HB 75 use its corporate receipts or federal funds. Operating budget provisions relating to AHFC and the Alaska Seafood Marketing Institute (ASMI) were later modified in the capital bill. I incorporated those adjustments in this bill for easier reference in the future and made the corresponding vetoes in the capital bill. (For instance, I reduced the AHFC dividend in section 2(a) to the correct $70 million amount.) I also vetoed language which purported to make the appropriation for ASMI conditional on having no upper level employees located outside the state because it violates the constitutional limits placed on appropriation bills. To prevent any unnecessary impediment to marketing efforts Outside during the current salmon crisis, fish processors, fishers, and the ASMI board urged me to veto this as a prudent exception to the general rule of having state jobs located in Alaska. I hope we will have a cooperative, open, and responsible budget process next year. Budget cuts have been an important tool for Alaska's healthy financial future. However, I believe good budget discipline is a balance of financial cost and the values of important public services. I pledge my efforts to help ensure the public is well served by both the budget process and the final results. Sincerely, /s/ Tony Knowles Governor" HB 76 The following letter, dated June 30, 1997, was received at 8:17 p.m.: "Dear Speaker Phillips: On this date I have signed the following bill ªwith line item vetoesß and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 76 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." 1997-07-10 House Journal Page 1995 HB 76 Chapter No. 99, SLA 1997 ªEffective Date: July 1, 1997ß I am pleased to transmit the FY98 mental health budget to you. This is the second year of the new budget process required under the mental health lands settlement. It has been remarkably positive and productive for such a new and complicated venture. For these efforts, I would like to thank the Mental Health Trust Authority and its staff and consultants, as well as the commissioners and staffs of the state departments whose budgets are part of the mental health bill. I followed a long-standing gubernatorial tradition of vetoing intent language in the mental health budget, as I did in the operating budget, because it is not appropriate in an appropriations bill. I have done this whether I agree with the underlying concept or not. The exceptions to this veto policy are when the intent indicates that the full year's appropriation should be completed through the supplemental budget or Legislative Budget and Audit processes. Otherwise, there are no changes to the appropriations made in the bill sent to me. Sincerely, /s/ Tony Knowles Governor" SB 107 The following letter, dated June 30, 1997, was received at 8:17 p.m.: "Dear Speaker Phillips: On this date I have signed the following bill ªwith line item vetoesß 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. 107(FIN) am H "An Act making, amending, and repealing capital and other appropriations; making appropriations to capitalize funds; and providing for an effective date." 1997-07-10 House Journal Page 1996 SB 107 Chapter No. 100, SLA 1997 ªEffective Date: See Chapterß There are many successes in this capital budget. Overall, it continues budget discipline by appropriating funds primarily on the basis of open, statewide processes which result in priority lists for key areas such as schools, water and sewer projects, roads, and rural airports. By putting some $560 million into Alaska's economy--an amount similar to the past two years--it steers us away from the boom and bust cycles of the capital budgets of the 80s and early 90s. I look forward to working with you next year to filling needs in some critical areas and making further budget process improvements. Top on the list of unmet needs are our schools--the needs statewide are great for both major maintenance and new construction. We must follow through on building youth facilities that will be planned and designed with funds appropriated this year, and we must seriously address adult prison overcrowding. Jobs and a healthy growing economy are my Administration's number one priority and high on your list, too. Unfortunately, many economic development projects were left unfunded, even though they were not dependent on general fund dollars. This hampers our efforts to put more Alaskans to work in new or expanded industries, particularly in rural Alaska where unemployment is high. I will be working with the Legislature next year to make progress on these projects. My line item vetoes to the capital budget are few and mostly technical. I followed a long-standing gubernatorial tradition of vetoing intent language because it is not appropriate in an appropriations bill. I have done this whether I agree with the underlying concept or not. The capital bill amended portions of the operating budget bill relating to the Alaska Housing Finance Corporation (AHFC) and the Alaska Seafood Marketing Institute (ASMI). I incorporated those amendments into the operating budget for easier reference in the future and made the corresponding vetoes in the capital bill. For instance, I vetoed 1997-07-10 House Journal Page 1997 SB 107 Section 75 here and reduced the AHFC dividend in the operating budget to the correct $70 million amount. Section 17(b) virtually duplicates the reappropriation in Section 9, the version we retained as requested by the Municipality of Anchorage. Technical vetoes of capital matching grants were required for Scammon Bay (it did not have funds available for reappropriation) and the City of Kenai (it did not request two projects which are not even located within the city limits). Part of the reappropriation of funds for the Badger flood control project were vetoed because the North Star Borough will need most of its original appropriation to complete its work this summer. A reappropriation of funds from the Department of Health and Social Services (DHSS) to the City of Ketchikan to plan a juvenile detention facility in Ketchikan was not necessary since the funds are already available for that same purpose. Keeping them in the department will maintain consistency since DHSS has the responsibility for youth facilities statewide and another section of this bill appropriates funds to the department for youth facilities in Ketchikan and four other communities. The Legislature appropriated $600,000 in federal funds to AHFC for home energy conservation services. Contracts for these services would be awarded to the private sector through an open competitive process. The capital bill also directs two $300,000 grants to particular grantees. Since this would be more funds than necessary, I have vetoed the designated grants in favor of an open competitive process for awarding contracts for the services. An open competitive process would also be in the best interests of the public for AHFC senior housing. It will help ensure that state-funded projects meet federal HUD guidelines, do not over- or under-build for the needs in various parts of the state, and leverage federal and other funds most effectively. By naming certain grantees outside this competitive award practice, the Legislature would deny other communities any opportunity to build senior housing projects with these funds. Although I have left the appropriation intact, it is not my intention to proceed with any grants which are not put to competitive bid this year. 1997-07-10 House Journal Page 1998 SB 107 The capital budget has many good projects for Alaska. We will be working hard to put them out on the street for the maximum benefit of our citizens statewide. Sincerely, /s/ Tony Knowles Governor" HB 241 A message dated July 1, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE BILL NO. 241(STA) "An Act relating to payment assistance for costs of residing in the Alaska Pioneers' Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the resident's spouse and dependents of the resident, the primary residence of the resident's spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; relating to claims against the estate of a beneficiary of the Pioneers' Home program; and providing for an effective date." Chapter No. 101, SLA 1997 Effective Date: July 2, 1997 HB 147 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 147(HES) am "An Act relating to the expenses of housing nonresident charter school students; relating to authorizing charter school programs to 1997-07-10 House Journal Page 1999 HB 147 provide domiciliary and other services to nonresident charter school students; relating to duties of the state Board of Education; and relating to the establishment of state boarding schools." Chapter No. 113, SLA 1997 Effective Date: September 30, 1997 HB 152 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 152(RLS) "An Act relating to hospice care." Chapter No. 104, SLA 1997 Effective Date: September 30, 1997 HB 163 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 163 "An Act relating to designating gamma-Hydroxybutyrate as a schedule IVA controlled substance; and providing for an effective date." Chapter No. 105, SLA 1997 Effective Date: July 3, 1997 HB 207 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) "An Act relating to employer drug and alcohol testing programs." 1997-07-10 House Journal Page 2000 HB 207 Chapter No. 106, SLA 1997 Effective Date: September 30, 1997 HB 208 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 208(FIN) "An Act relating to the board of directors of the Alaska Aerospace Development Corporation." Chapter No. 107, SLA 1997 Effective Date: September 30, 1997 HB 222 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 222(TRA) am "An Act relating to abandoned, wrecked, or junk vehicles." Chapter No. 108, SLA 1997 Effective Date: September 30, 1997 HB 243 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES) "An Act delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date." Chapter No. 109, SLA 1997 Effective Date: July 3, 1997 1997-07-10 House Journal Page 2001 HB 246 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 246 "An Act naming the George W. Palmer Memorial Bridge." Chapter No. 110, SLA 1997 Effective Date: September 30, 1997 HB 248 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 248(TRA) "An Act naming East Egan Drive in Valdez." Chapter No. 111, SLA 1997 Effective Date: September 30, 1997 HB 256 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 256 am "An Act relating to calculation of the default rate for purposes of the student loan program and to regulation of postsecondary educational institutions; and providing for an effective date." Chapter No. 112, SLA 1997 Effective Date: July 3, 1997 SB 175 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-07-10 House Journal Page 2002 SB 175 SENATE BILL NO. 175 "An Act relating to revenue bonds issued by the Alaska Industrial Development and Export Authority for interties between Healy and Fairbanks and between Anchorage and the Kenai Peninsula; and providing for an effective date." Chapter No. 103, SLA 1997 Effective Date: July 3, 1997 SB 187 A message dated July 2, 1997, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 187 "An Act relating to disclosure of public records identifying a participant in the advance college tuition payment program; relating to the composition and assets of the Alaska advance college tuition payment fund; relating to administration of the advance college tuition payment program; relating to advance college tuition payment contracts; and providing for an effective date." Chapter No. 102, SLA 1997 Effective Date: July 3, 1997 COMMUNICATIONS The following reports were received: Division of Legislative Audit Legislative Budget & Audit Committee Audit Reports (as required by AS 24.20.311) Dept. of Labor Division of Labor Standards and Safety Determination of State Prevailing Wage December 27, 1996 1997-07-10 House Journal Page 2003 Dept. of Transportation & Public Facilities Alaska Marine Highway System Interport Differential Issues January 13, 1997 Dept. of Commerce & Economic Development Alaska Railroad Corporation Equipment Acquisitions and Disposals March 24, 1997 A letter of disclosure was received in accordance with AS 24.60 and appears in House Journal Supplement No. 8. UNFINISHED BUSINESS HB 115 A sectional analysis for the following was published in House Journal Supplement No. 9: CS FOR HOUSE BILL NO. 115(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." CSHB 115(JUD) am was signed into law on May 15, 1997 (page1933). 1997-07-10 House Journal Page 2004 INDEX OF BILLS WITH SPECIAL ACTION BY THE GOVERNOR VETOED: Page No. HOUSE BILL NO. 65 am "An Act relating to partial-birth abortions." 1434 (veto overridden - page 1472; assigned chapter no. - page 1506) CS FOR HOUSE BILL NO. 83(STA) am S "An Act relating to regulation of commercial vehicles; and providing for an effective date." 1960 CS FOR HOUSE BILL NO. 112(FIN) "An Act amending the definition of 'political party' except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of 'political organization' as applied to the regulation of games of chance and contests of skill." 1834 (veto overridden - page 1859; assigned chapter no. - page 1930) HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H "An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules." 1436 (veto overridden - page 1471; assigned chapter no. - page 1507) 1997-07-10 House Journal Page 2005 HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) "An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations." 1797 (veto overridden - page 1859; assigned chapter no. - page 1930) SENATE BILL NO. 56 am H "An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height, relating to penalties for violations related to outdoor advertising, and annulling a regulation of the Department of Transportation and Public Facilities." 1200 (veto overridden - page 1207; assigned chapter no. - page 1230) HOUSE CS FOR CS FOR SENATE BILL NO. 68(STA) "An Act relating to the Task Force on Privatization; and providing for an effective date." 1973 HOUSE CS FOR CS FOR SENATE BILL NO. 136(FIN) "An Act relating to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills." 1799 (veto overridden - page 1857; assigned chapter no. - page 1931) HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." 1987 HOUSE CS FOR CS FOR SENATE BILL NO. 150(FIN) am H "An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees' retirement system." 1990 1997-07-10 House Journal Page 2006 PARTIALLY VETOED: Page No. CONFERENCE CS FOR HOUSE BILL NO. 75 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, 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." 1991 CONFERENCE CS FOR HOUSE BILL NO. 76 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." 1994 HOUSE CS FOR CS FOR SENATE BILL NO. 83(FIN) am H "An Act making and amending appropriations; amending 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." 1945 HOUSE CS FOR CS FOR SENATE BILL NO. 107(FIN) am H "An Act making, amending, and repealing capital and other appropriations; making appropriations to capitalize funds; and providing for an effective date." 1995 1997-07-10 House Journal Page 2007 LAW WITHOUT SIGNATURE: HOUSE CS FOR CS FOR SENATE BILL NO. 35(FIN) am H "An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; requiring legislative approval before certain land managed under AS 41.21 may be closed or have access restricted; relating to Chilkat State Park." 1835 * * * * * Copies of legislation with partial vetoes are available from the Chief Clerk's office or the Legislative Information Office. * * * * * This final supplement journal completes the record of legislation for the First Session of the Twentieth Alaska State Legislature. Suzi Lowell Chief Clerk