Legislature(2001 - 2002)
2001-07-20 House Journal
Full Journal pdf2001-07-20 House Journal Page 1851 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION AND FIRST SPECIAL SESSION Juneau, Alaska Friday July 20, 2001 Final Supplement ENGROSSMENT AND ENROLLMENT HR 6 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:10 p.m., June 20, 2001: HOUSE RESOLUTION NO. 6 Supporting the Cook Inlet Aquaculture Association's plan for enhancement and rehabilitation of Cook Inlet fisheries. HJR 22 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 3:10 p.m., June 20, 2001: CONFERENCE CS FOR HOUSE JOINT RESOLUTION NO. 22 Relating to a diverse community; condemning a recent racially motivated attack; and requesting the Municipality of Anchorage police department to continue their conclusive investigation and requesting the criminal justice system to take rapid action to reach the determination of this case. HB 65 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 with a sense of the House were transmitted to the Office of the Governor at 3:10 p.m., June 20, 2001: 2001-07-20 House Journal Page 1852 CONFERENCE CS FOR HOUSE BILL NO. 65 "An Act relating to a new optional group of persons eligible for medical assistance who require treatment for breast or cervical cancer; and providing for an effective date." HB 103 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 3:10 p.m., June 20, 2001: CONFERENCE CS FOR HOUSE BILL NO. 103 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." HB 104 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 3:10 p.m., June 20, 2001: CONFERENCE CS FOR HOUSE BILL NO. 104 "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 following letter, dated June 7, 2001, from Representative Mulder, Conference Committee Chair, and Senator Donley, Vice Chair, to Ms. Caren Robinson, Chair, Alaska Mental Health Trust Authority was also transmitted to the Office of the Governor: "Dear Ms. Robinson: In accordance with AS 37.14.005(c), this letter explains the changes made to the governor's amended comprehensive FY 02 mental health and developmental disabilities services budget proposal as approved by the legislature in CCS HB 104. 2001-07-20 House Journal Page 1853 We appreciate the good working relationship that has been established between the Trust and the Legislature. It enabled us to address many issues in creative and efficient ways that would not otherwise be possible. It is important to note that a critical issue for the mental health community will be solved as a result of legislation passed this year. House Bill 76 and the memorandum of understanding between the Trust, the University, the State of Alaska, Providence Hospital and the Municipality of Anchorage will solve the decades old problem of a new Alaska Psychiatric Institution. The legislature's FY 02 general fund/mental health appropriation of $133,015,400 is $6,783,500 higher than FY 01. That represents a 5.37% increase in state general fund support for mental health services. MHTAAR funds appropriated for operations and capital were less than the FY 01 level as available investment income earnings were reduced. Nonetheless, the comprehensive program of $147,956,700 as approved by the legislature is $5,158,000 higher than FY 01. Program Changes - Operating Department of Administration, Senior Services In consultation with the Trust, an increment of $100,000 of MHTAAR funds was added to accommodate a projected increase in caseload in Protective, Community Services and Administration. Department of Corrections The FY 02 funding for both Inmate Health Care and Inmate Programs was increased over the FY 01 funding level. The legislature believes that the funding level increase is sufficient to provide necessary services to prison inmates. In consultation with the Trust, $65,000 of MHTAAR funds were added for a Title 47 Data System. This is a three-year commitment to establish a mechanism for identifying nature and needed response to the large number of Title 47 holds in communities across the state. 2001-07-20 House Journal Page 1854 Department of Health and Social Services Juvenile Justice Nursing salary increases were funded through general funds rather than GF/MH. The legislature was not persuaded that the requested new programs were the best use of available mental health funds. State Health Services The legislature denied a requested fund source change for the birth defects registry. The birth defects registry was initiated by the AMHTA as a pilot project in FY 00. The continuation of the registry can be funded by the AMHTA. The fund source change to GF/MH was not the legislature's highest priority for general fund spending in FY 02. Alcohol and Drug Abuse Grants The Rural Services Grants were increased by $225,000 over FY 01, providing an increase in mental health related services specifically to rural areas at the village level. Institutions and Administration Statutory designated program receipts replaced GF/MH in API funding. The legislature believes that the use of designated program receipts in this instance releases GF/MH funds for a better use elsewhere. Mental Health Trust Board The legislature funded the Alaska Mental Health Trust Board at the level requested by the governor. We believe the board should use MHTAAR funds for its activities. Department of Revenue Alaska Mental Health Trust Authority The Authority was requested to limit travel and reduce the deputy director position to the salary level similar to deputy directors in other agencies. Program Changes - Capital Alaska Psychiatric Institute Stopgap Repairs The stopgap repairs for API were reduced in consultation with the 2001-07-20 House Journal Page 1855 Trust as a result of the passage of HB 76 which will replace the current facility. Suicide Prevention and Galena Mental Health Center These items were fully funded in two appropriation bills. Suicide prevention was funded in HB 117 and the Galena Mental Health Center in HB 104. Developmental Disabilities Systems Reform Initiative The fund source for $500,000 was changed from GF/MH to MHTAAR in consultation with the Trust. Structure Changes Department of Health and Social Services The grants for public health services, alcohol and drug abuse services, developmental disability services, mental health services, and community health were moved to a single appropriation rather than designated grants in separate appropriations. The legislature believes that this will allow better management of the grants and open the opportunity for innovative proposals. The amount of grant funding available for these services remains at the level requested by the governor. Enclosed is a copy of component summaries provided by the Legislative Finance Division identifying each of the referenced adjustments by agency, budget request unit and component. Sincerely, /s/ Representative Eldon Mulder Conference Committee Chair /s/ Senator David Donley Conference Committee Vice Chair Enclosures" 2001-07-20 House Journal Page 1856 HB 127 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 3:10 p.m., June 20, 2001: 2d CONFERENCE CS FOR HOUSE BILL NO. 127 "An Act relating to aviation and to emergency equipment to be carried on aircraft." HB 260 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 with a Legislative letter of intent were transmitted to the Office of the Governor at 3:10 p.m., June 20, 2001: CONFERENCE CS FOR HOUSE BILL NO. 260 "An Act relating to marine passenger vessels; and providing for an effective date." The following memorandum, dated June 12, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CCS HB 260, which have been corrected in enrolling: Page 4, line 14: Delete "(g)" Insert "(h)" Page 5, line 18: Delete "(f)" Insert "(g)" Page 6, line 6: Delete "(e)" Insert "(f)" 2001-07-20 House Journal Page 1857 Page 15, line 10: Delete "AS 46.03.465, 46.03.475, 46.03.755" Insert "AS 46.03.465, 46.03.475, 46.03.755 [AS 46.03.755]" Page 16, lines 17 - 18: Delete ""voyage," and "marine waters of the state" have the meaning" Insert ""marine waters of the state," and "voyage" have the meanings"" ENROLLMENT HCR 10 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 3:10 p.m., June 20, 2001: HOUSE CONCURRENT RESOLUTION NO. 10 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 19, relating to certain federal child support enforcement requirements, so that the phrase "relating to child support payments" may be added to the bill's title. HCR 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 3:10 p.m., June 20, 2001: HOUSE CONCURRENT RESOLUTION NO. 14 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 133, relating to high school competency testing. 2001-07-20 House Journal Page 1858 HCR 17 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 17(JUD) Expressing the legislature's support for sale of a portion of Alaska's North Slope natural gas for electrical generation to power data centers within the North Slope Borough. 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 3:10 p.m., June 20, 2001: HOUSE CONCURRENT RESOLUTION NO. 18 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 105, relating to crime victims. HJR 23 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 23(STA) Advocating the retention of the electoral college system in its present form. HJR 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 3:10 p.m., June 20, 2001: 2001-07-20 House Journal Page 1859 HOUSE JOINT RESOLUTION NO. 26 Requesting the National Marine Fisheries Service to relocate the Alaska Fisheries Science Center Steller sea lion research team to Alaska. 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Supporting the erection of monuments in Alaska, Russia, and Canada to commemorate the World War II lend-lease program between the United States and the Union of Soviet Socialist Republics. HJR 28 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 3:10 p.m., June 20, 2001: HOUSE JOINT RESOLUTION NO. 28 Supporting the application of Alaska Airlines to provide air service to Ronald Reagan Washington National Airport. HB 48 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 48(RES) "An Act eliminating a requirement that a social security number be provided by an applicant for certain hunting or sport fishing licenses, tags, and permits; eliminating a requirement that applications for certain licenses and tags be sworn to by the 2001-07-20 House Journal Page 1860 applicants before an officer authorized to administer oaths; and providing for an effective date." HB 49 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 49(FIN) "An Act extending the termination date of the Board of Parole; and providing for an effective date." HB 71 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 71(FIN) am "An Act relating to the education of children with disabilities and of gifted children; relating to the Governor's Council on Disabilities and Special Education; and providing for an effective date." HB 76 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 76(FIN)(efd fld H) "An Act providing for and relating to the issuance of certificates of participation to finance construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of and approving the entry into and the issuance of certificates of participation in a lease-purchase agreement for construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of the intent and approval to retain investment 2001-07-20 House Journal Page 1861 income from pertinent appropriations to be applied to the cost of construction of a new facility to be known as the Alaska Psychiatric Institute; relating to the construction of a facility to be known as the Alaska Psychiatric Institute." HB 90 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 90(FIN) am S "An Act relating to reimbursement of municipal bonds for school construction; and providing for an effective date." HB 99 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 99(HES) "An Act relating to school discipline and safety programs; and providing for an effective date." HB 101 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 101(HES) "An Act relating to charter schools; and providing for an effective date." HB 102 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 3:10 p.m., June 20, 2001: 2001-07-20 House Journal Page 1862 CS FOR HOUSE BILL NO. 102(JUD) am S "An Act relating to the theft of propelled vehicles." HB 108 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 3:10 p.m., June 20, 2001: HOUSE BILL NO. 108 "An Act relating to the accounting for and appropriation of fees for recording and related services by the Department of Natural Resources; and providing for an effective date." The following memorandum, dated May 14, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in HB 108, which have been corrected in enrolling: Page 2, line 10, following "section": Insert "to article 5" Page 2, line 13: Delete "the uniform commercial code (AS 45.29)" Insert "AS 45.29 (Uniform Commercial Code - Secured Transactions)"" HB 110 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 110(JUD) "An Act relating to driver's licenses and instructional permits; and providing for an effective date." 2001-07-20 House Journal Page 1863 HB 113 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 113(HES) "An Act relating to health care insurance payments for hospital or medical services; and providing for an effective date." HB 115 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date." HB 120 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 3:10 p.m., June 20, 2001: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 120 am "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; making certain conforming amendments; and providing for an effective date." HB 121 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled 2001-07-20 House Journal Page 1864 copies were transmitted to the Office of the Governor at 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 121(JUD) "An Act relating to the issuance of qualified charitable gift annuities." HB 132 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies with a Legislative letter of intent were transmitted to the Office of the Governor at 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 132(FIN) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; relating to the offenses of operating a motor vehicle, aircraft, or watercraft while intoxicated and refusal to take a breath test; relating to implied consent to take a chemical test; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date." The following memorandum, dated May 14, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in SCS CSHB 132(FIN), which have been corrected in enrolling: Page 4, line 24, following "warrant": Insert "," Page 6, line 17, following "violence": Insert "," 2001-07-20 House Journal Page 1865 Page 6, line 18, following "18.66.990": Insert "," Page 10, line 6: Delete ", [" Insert "[," Page 13, line 4, following "section": Insert "of"" HB 142 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 142(HES) am S "An Act relating to the Alaska temporary assistance program; and providing for an effective date." HB 150 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 3:10 p.m., June 20, 2001: HOUSE BILL NO. 150 "An Act relating to insurance premiums for rental motor vehicles." HB 154 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 154(FSH) "An Act relating to security for the payment of fishery business taxes and to payment of the fisheries resource landing tax." 2001-07-20 House Journal Page 1866 HB 164 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 164(JUD) "An Act prescribing the rights of grandparents related to child-in- need-of-aid hearings; and amending Rules 3, 7, 10, 15, 17, and 19, Alaska Child in Need of Aid Rules of Procedure." HB 167 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 167(STA) "An Act relating to license plates for Alaska National Guard personnel and for antique motor vehicles; and providing for an effective date." HB 172 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to therapeutic courts for offenders; to the authorized number of superior court judges; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." The following memorandum, dated May 14, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: 2001-07-20 House Journal Page 1867 "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in SCS CSHB 172(FIN), which has been corrected in enrolling: Page 2, line 10: Delete "Act" Insert "section"" HB 177 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 177(RLS) am S "An Act regulating nongroup entities and certain tax-exempt organizations under Alaska's election campaign finance statutes; and requiring disclosure of the true source of campaign contributions." HB 179 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 179(FIN) "An Act relating to underage drinking and drug offenses; and providing for an effective date." The following memorandum, dated May 14, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in CSHB 179(FIN) arising in the clerical preparation of the bill, which has been corrected in enrolling: 2001-07-20 House Journal Page 1868 Page 2, line 11: Delete "previously"" HB 181 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 181(JUD) "An Act relating to the obligations of spouses, to insurance policies of spouses, to the nonprobate transfer of property on death to a community property trust, to the division of the community property of spouses at death, and to the Alaska Community Property Act; amending Rule 301, Alaska Rules of Evidence; and providing for an effective date." HB 184 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 184(JUD) "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date." The following memorandum, dated June 6, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in SCS CSHB 184(JUD), which have been corrected in enrolling: Page 6, line 6: Delete "relates" Insert "relate" 2001-07-20 House Journal Page 1869 Page 10, line 20: Delete "subsection" Insert "section" Page 34, line 17: Delete "[(D)" Insert "(D) [" Page 42, line 14, following "regulation": Insert "," Page 44, line 5: Delete "of insurance" Page 44, line 15: Delete "of insurance" Page 49, line 6: Delete "Act)," Insert "Act);" Page 49, line 28: Delete "of insurance" Page 54, line 1, following "1,": Insert "8," Page 54, line 6: Delete "3 - 9" Insert "3 - 7, 9"" HB 185 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 185(FIN) "An Act relating to fees for certain uses of state water, other than fees for traveling upon state water, and to the accounting and 2001-07-20 House Journal Page 1870 appropriation of those fees; relating to authorizations for the temporary use of state water; making other amendments to the Alaska Water Use Act; and providing for an effective date." The following memorandum, dated May 14, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CSHB 185(FIN), which have been corrected in enrolling: Page 3, line 10: Delete "Act" Insert "section" Page 7, line 7: Delete "ACT" Insert "SECTION" Page 7, line 8: Delete "Act" Insert "section" Page 7, line 26: Delete "Act" Insert "section"" HB 186 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 186(L&C) "An Act relating to a municipal enhanced 911 surcharge on wireless telephones." HB 187 The following was enrolled, signed by the Speaker and Chief Clerk, 2001-07-20 House Journal Page 1871 President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 187(JUD) "An Act relating to the destruction, desecration, and vandalism of cemeteries and graves." The following memorandum, dated May 16, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CSHB 187(JUD), which have been corrected in enrolling: Page 1, line 12: Delete "or" Insert "[OR]" Page 1, line 14, following ";": Insert "or"" HB 189 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 3:10 p.m., June 20, 2001: HOUSE BILL NO. 189 "An Act repealing statutory provisions relating to term limits and term limit pledges." HB 193 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 3:10 p.m., June 20, 2001: 2001-07-20 House Journal Page 1872 SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) "An Act relating to the primary election and to the nomination of candidates for the general election; 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 198(RLS)(efd add) "An Act relating to a post-retirement pension adjustment for certain persons receiving benefits under the Elected Public Officers Retirement System, and establishing and relating to a Compensation Commission for State Officials; and providing for an effective date." HB 200 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 200(STA) "An Act establishing July 3 as Drunk Driving Victims Remembrance Day." HB 204 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 3:10 p.m., June 20, 2001: HOUSE BILL NO. 204 "An Act relating to the Alaska Commission on Postsecondary Education and the Alaska Student Loan Corporation; relating to student financial aid programs and the financing of those programs; establishing the Alaska Advantage Loan Program and the Alaska Supplemental Education Loan Program; increasing the 2001-07-20 House Journal Page 1873 bonding authorization of the Alaska Student Loan Corporation; providing for liens resulting from a default under AS 14.43 or AS 14.44; relating to the duties of the recorder regarding those liens; relating to defaults under the Western Regional Higher Education Compact; relating to the prohibition on discrimination regarding programs under AS 14.43; relating to fees for the review of certain postsecondary institutions; making conforming amendments; and providing for an effective date." The following memorandum, dated May 16, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in HB 204, which have been corrected in enrolling: Page 1, line 3: Delete "Advantage Loan Program" Insert "advantage loan program" Page 1, line 4: Delete "Supplemental Education Loan Program" Insert "supplemental education loan program" Page 4, line 9: Delete "AS 14.42" Insert "this chapter" Page 4, line 17: Delete "is" Page 4, line 18: Delete "requesting" Insert "requests" Page 4, line 19: Delete "and" Insert "," 2001-07-20 House Journal Page 1874 Page 4, line 20, following "(B)": Insert "is" Page 4, line 21: Delete "on" Insert "for" Page 7, line 22: Delete "and" Insert "," Page 8, line 23: Delete "Supplemental Education Loan Program" Insert "supplemental education loan program" Page 8, lines 27 - 28: Delete "Supplemental Education Loan Program" Insert "supplemental education loan program" Page 8, line 29: Delete "medium and long-range fixed and variable rate" Insert "medium-range and long-range fixed-rate and variable-rate" Page 9, line 1: Delete "those loans" Insert "loans under the Alaska supplemental education loan program" Page 9, line 7: Delete "tax exempt" Insert "tax-exempt" Page 9, lines 16 - 17: Delete "[AS 14.42.100 - 14.42.390], AS 14.43.091 - 14.43.160 [" Insert ", 14.43.091 - 14.43.160 [AS 14.42.100 - 14.42.390," 2001-07-20 House Journal Page 1875 Page 12, line 30, through page 13, line 7: Delete all material and insert: "(5) "eligible student" means an individual who meets the eligibility requirements established by the federal guaranteed student loan program or as otherwise set out in this chapter; (6) "federal guaranteed student loan program" means the programs of the United States government that make postsecondary educational financial aid available under 20 U.S.C. 1070 - 1099c-2, as amended; (7) "repayment obligation" means an obligation to repay financial support that is financed from the education loan fund established in AS 14.42.210 or otherwise administered by the commission." Page 14, line 31, following "* Sec. 24": Insert "." Page 16, line 9: Delete "AS 14.43" Insert "this chapter" Page 17, line 14: Delete "-" Insert "through [-]" Page 17, line 18: Delete "Advantage Loan Program" Insert "advantage loan program" Page 17, lines 19 - 20: Delete "Advantage Loan Program" Insert "advantage loan program" Page 17, line 20: Delete "AS 14.43" Insert "this chapter" Page 17, line 21, following "Eligibility.": Insert "(a)" 2001-07-20 House Journal Page 1876 Page 17, line 23, following "and": Insert "must be" Page 17, line 24, following "(1)": Delete "must be" Page 17, line 26, following "(2)": Delete "must be" Page 17, line 31: Delete "no" Insert "not" Page 18, line 4: Delete "," Page 18, lines 12 - 13: Delete "the Alaska Advantage Loan Program" Insert "AS 14.43.161 - 14.43.168" Page 18, line 18: Delete "per" Insert "for each" Page 18, line 23: Delete "this program" Insert "AS 14.43.161 - 14.43.168" Page 20, line 3: Delete "Supplemental Education Loan Program" Insert "supplemental education loan program" Page 20, line 5: Delete "Advantage Loan Program" Insert "advantage loan program" Page 20, lines 8 - 9: Delete "Supplemental Education Loan Program" Insert "supplemental education loan program" 2001-07-20 House Journal Page 1877 Page 20, line 17, following "and": Insert "must be" Page 20, line 18, following "(1)": Delete "must be" Page 20, line 22: Delete "FFEL" Insert "federal family education loan" Page 20, line 24, following "(2)": Delete "must be" Page 20, line 25: Delete "FFEL" Insert "federal family education loan" Page 20, line 30, following "delinquent": Insert "on" Page 21, line 3: Delete "agency" Insert "division" Page 21, line 26: Delete "FFEL" Insert "federal family education loan" Page 24, lines 19 - 24: Delete all material and insert: "(3) "approved federal family education loan institution" means a postsecondary education institution in this state or outside of this state that is approved for participation in the federal guaranteed student loan program; (4) "federal guaranteed student loan program" means the programs of the United States government making postsecondary educational financial aid available under 20 U.S.C. 1070 - 1099c- 2, as amended." 2001-07-20 House Journal Page 1878 Page 26, line 26: Delete "and 14.43.310(b)(1), (2), (3), and (4)" Insert "14.43.310(b), and 14.43.320" Page 27, line 1, following the second occurrence of "to": Insert ""scholarship account" to "education loan account" and references to"" HB 210 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 210(JUD) am "An Act relating to sexual assault and sexual abuse of a minor." The following memorandum, dated May 16, 2001, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CSHB 210(JUD) am, which have been corrected in enrolling: Page 2, line 13: Delete "to all offenses occurring" Page 2, line 14, following "(1)": Insert "to all offenses occurring"" HB 214 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 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 214(L&C) "An Act relating to a civil action against a person under 21 years of age who enters premises where alcohol is sold or consumed." 2001-07-20 House Journal Page 1879 HB 228 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies with a Senate letter of intent were transmitted to the Office of the Governor at 3:10 p.m., June 20, 2001: CS FOR HOUSE BILL NO. 228(FIN) "An Act relating to the accounting of fees from business license endorsements for tobacco products, to the disclosure of certain confidential cigarette and tobacco product information, to notification regarding a cigarette manufacturer's noncompliance with the tobacco product Master Settlement Agreement, to business license endorsements for sale of tobacco products, to citations and penalties for illegal sales of tobacco products; and providing for an effective date." HB 230 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 3:10 p.m., June 20, 2001: HOUSE BILL NO. 230 "An Act relating to wage and hour protections for employees of the Alaska Railroad Corporation; and providing for an effective date." HB 234 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 234(FIN) am S "An Act relating to the tobacco use education and cessation fund and to smoking education and cessation programs; relating to funding the tobacco use education and cessation fund; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for 2001-07-20 House Journal Page 1880 ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a tobacco litigation settlement; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date." HB 242 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 242(FIN) "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of- living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date." HB 244 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES) "An Act relating to a grant of state land to the Denali Borough for a railroad and utility corridor and a railroad development project; repealing provisions relating to a grant of a right-of-way of land for a railroad and utility corridor to the Alaska Industrial Development and Export Authority; and providing for an effective date." 2001-07-20 House Journal Page 1881 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 3:10 p.m., June 20, 2001: SENATE CS FOR CS FOR HOUSE BILL NO. 250(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2002; and providing for an effective date." MESSAGES FROM THE GOVERNOR HJR 27 A message dated June 25, 2001, 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 CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Supporting the erection of monuments in Alaska, Russia, and Canada to commemorate the World War II lend-lease program between the United States and the Union of Soviet Socialist Republics. Legislative Resolve No. 26 HB 48 A message dated June 25, 2001, 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. 48(RES) "An Act eliminating a requirement that a social security number be provided by an applicant for certain hunting or sport fishing licenses, tags, and permits; eliminating a requirement that applications for certain licenses and tags be sworn to by the applicants before an officer authorized to administer oaths; and providing for an effective date." 2001-07-20 House Journal Page 1882 Chapter No. 39, SLA 2001 Effective Date: June 26, 2001 HB 49 A message dated June 25, 2001, 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. 49(FIN) "An Act extending the termination date of the Board of Parole; and providing for an effective date." Chapter No. 45, SLA 2001 Effective Date: June 26, 2001 HB 65 A message dated June 25, 2001, 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: CONFERENCE CS FOR HOUSE BILL NO. 65 "An Act relating to a new optional group of persons eligible for medical assistance who require treatment for breast or cervical cancer; and providing for an effective date." Chapter No. 33, SLA 2001 Effective Date: June 26, 2001 HB 99 A message dated June 25, 2001, 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. 99(HES) "An Act relating to school discipline and safety programs; and providing for an effective date." Chapter No. 50, SLA 2001 Effective Date: July 1, 2001 2001-07-20 House Journal Page 1883 HB 108 A message dated June 25, 2001, 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. 108 "An Act relating to the accounting for and appropriation of fees for recording and related services by the Department of Natural Resources; and providing for an effective date." Chapter No. 51, SLA 2001 Effective Date: July 1, 2001 HB 110 A message dated June 25, 2001, 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. 110(JUD) "An Act relating to driver's licenses and instructional permits; and providing for an effective date." Chapter No. 40, SLA 2001 Effective Date: June 26, 2001 HB 113 A message dated June 25, 2001, 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. 113(HES) "An Act relating to health care insurance payments for hospital or medical services; and providing for an effective date." Chapter No. 52, SLA 2001 Effective Date: January 1, 2002 2001-07-20 House Journal Page 1884 HB 120 A message dated June 25, 2001, 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: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 120 am "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; making certain conforming amendments; and providing for an effective date." Chapter No. 53, SLA 2001 Effective Date: September 1, 2001 HB 154 A message dated June 25, 2001, 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. 154(FSH) "An Act relating to security for the payment of fishery business taxes and to payment of the fisheries resource landing tax." Chapter No. 42, SLA 2001 Effective Date: September 23, 2001 HB 164 A message dated June 25, 2001, 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. 164(JUD) "An Act prescribing the rights of grandparents related to child-in- need-of-aid hearings; and amending Rules 3, 7, 10, 15, 17, and 19, Alaska Child in Need of Aid Rules of Procedure." Chapter No. 43, SLA 2001 Effective Date: September 23, 2001 2001-07-20 House Journal Page 1885 HB 167 A message dated June 25, 2001, 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. 167(STA) "An Act relating to license plates for Alaska National Guard personnel and for antique motor vehicles; and providing for an effective date." Chapter No. 44, SLA 2001 Effective Date: July 1, 2001 HB 189 A message dated June 25, 2001, 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. 189 "An Act repealing statutory provisions relating to term limits and term limit pledges." Chapter No. 34, SLA 2001 Effective Date: September 23, 2001 SB 9 A message dated June 25, 2001, 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. 9(L&C) "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to the temporary member of that board; and providing for an effective date." Chapter No. 46, SLA 2001 Effective Date: See Chapter 2001-07-20 House Journal Page 1886 SB 50 A message dated June 25, 2001, 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. 50 "An Act extending the termination date of the Board of Veterinary Examiners." Chapter No. 47, SLA 2001 Effective Date: September 23, 2001 SB 65 A message dated June 25, 2001, 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. 65(FIN) "An Act requiring a study regarding equal pay for equal work of certain state employees." Chapter No. 48, SLA 2001 Effective Date: September 23, 2001 SB 77 A message dated June 25, 2001, 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. 77 "An Act repealing the exception that applies to collection and payment of interest of $150 or less on royalty or net profit share underpayments and overpayments; and providing for an effective date." Chapter No. 37, SLA 2001 Effective Date: June 26, 2001 2001-07-20 House Journal Page 1887 SB 81 A message dated June 25, 2001, 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. 81 "An Act relating to the nonademption of property transfers; and providing for an effective date." Chapter No. 36, SLA 2001 Effective Date: June 26, 2001 SB 99 A message dated June 25, 2001, 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. 99 "An Act relating to the DNA identification registration system." Chapter No. 49, SLA 2001 Effective Date: September 23, 2001 SB 158 A message dated June 25, 2001, 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. 158(FIN) "An Act directing the commissioner of revenue to prepare a report to the legislature relating to the state's participation in owning or financing a gas pipeline project; and providing for an effective date." Chapter No. 38, SLA 2001 Effective Date: June 26, 2001 2001-07-20 House Journal Page 1888 SB 172 A message dated June 25, 2001, 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. 172(JUD) "An Act relating to an annual report by the court system to the public and the legislature." Chapter No. 41, SLA 2001 Effective Date: September 23, 2001 SB 187 A message dated June 25, 2001, 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. 187(FIN) "An Act relating to absentee and special needs voting." Chapter No. 35, SLA 2001 Effective Date: September 23, 2001 SB 19 A message dated June 26, 2001, 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. 19(HES) "An Act relating to federal child support enforcement requirements regarding social security number information, employer reports about employees, and certain kinds of automated data matching with financial institutions; relating to child support payments; repealing the termination date of changes made by ch. 87, SLA 1997, and ch. 132, SLA 1998, regarding child support enforcement and related programs; repealing the nonseverability provision of ch. 132, SLA 1998; repealing uncodified laws relating to ch. 87, SLA 1997, and ch. 132, SLA 1998; and providing for an effective date." 2001-07-20 House Journal Page 1889 Chapter No. 54, SLA 2001 Effective Date: See Chapter HB 76 A message dated June 28, 2001, 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 SS FOR HOUSE BILL NO. 76(FIN)(efd fld H) "An Act providing for and relating to the issuance of certificates of participation to finance construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of and approving the entry into and the issuance of certificates of participation in a lease-purchase agreement for construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of the intent and approval to retain investment income from pertinent appropriations to be applied to the cost of construction of a new facility to be known as the Alaska Psychiatric Institute; relating to the construction of a facility to be known as the Alaska Psychiatric Institute." Chapter No. 55, SLA 2001 Effective Date: September 26, 2001 HB 127 A message dated June 29, 2001, 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: 2d CONFERENCE CS FOR HOUSE BILL NO. 127 "An Act relating to aviation and to emergency equipment to be carried on aircraft." Chapter No. 56, SLA 2001 Effective Date: September 27, 2001 2001-07-20 House Journal Page 1890 HB 242 A message dated June 29, 2001, 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. 242(FIN) "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of- living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date." Chapter No. 57, SLA 2001 Effective Date: See Chapter HB 260 A message dated June 29, 2001, 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: CONFERENCE CS FOR HOUSE BILL NO. 260 "An Act relating to marine passenger vessels; and providing for an effective date." Chapter No. 1, FSSLA 2001 Effective Date: See Chapter SB 149 A message dated June 29, 2001, 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 SS FOR SENATE BILL NO. 149(FIN) "An Act relating to reemployment of retired teachers, to eligibility for major medical insurance coverage for beneficiaries of the teachers' retirement system, and to teacher certificates; and providing for an effective date." 2001-07-20 House Journal Page 1891 Chapter No. 58, SLA 2001 Effective Date: See Chapter SB 154 A message dated June 29, 2001, 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. 154 "An Act relating to mental health treatment facilities; repealing the termination date of the mental health treatment assistance program; and providing for an effective date." Chapter No. 59, SLA 2001 Effective Date: June 30, 2001 HB 103 The following letter, dated June 30, 2001, was received: "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 103 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." Chapter No. 60, SLA 2001 [Effective Date: July 1, 2001] Taking all funds into account, the state budget for next year is $7.4 billion. Permanent Fund dividends and inflation proofing account for $1.8 billion of the total, and $2.1 billion in capital projects and operating programs will be paid from federal funds. The general fund portion is $2.4 billion. Much of this $117 million increase over FY2001was necessary to pay debt service and replace one-time funds 2001-07-20 House Journal Page 1892 used in the current budget. Yet even with these costs and some additional investments in key services, the per person general fund cost of government is almost $1200 less in today's dollars than it was in 1979, the last pre-oil boom year. When I presented my FY2002 "Jobs and Families Budget" budget last December, I highlighted three basic goals we share for the continued good health of our families and our state's economy: · maintaining the level of vital public services; · making additional strategic investments in education, early childhood development, public health and public safety; and · restoring an appropriate level of services to business and industry so the state can be an active supporter of economic development. The final operating budget for FY2002 helps fulfill these commitments to protect Alaska's children, improve schools and keep Alaskans working. Next year, I hope we will continue progress in these critical areas for Alaska's future. I have made no changes to the dollar amounts in the operating budget bill passed by the Legislature. I would note that the Supreme Court's recent decision in Alaska Legislative Council v. Knowles, 21 P.3d 367 (Alaska 2001), does not permit vetoes of intent or other language even if that language is unconstitutional. However, I remain obligated to follow the laws as enacted properly by the legislature and interpreted by the state courts. As a result, two legislative additions to the bill require comment even though I am not permitted to veto the language. There is a major constitutional issue relating to the language with which the legislature attempts to limit expenditures for abortions. The executive branch is already under court order in State of Alaska, Dept. of Health & Social Services v. Planned Parenthood of Alaska to operate the Medicaid program in a constitutional manner by paying for therapeutic or medically necessary abortions. Planned Parenthood has already filed a request that the court clarify that the constitutional protections extend to the FY2002 budget despite the language added by the legislature in an effort to avoid such payment. I will abide by the decision of the court as to whether these abortions must be paid for in FY2002. 2001-07-20 House Journal Page 1893 The other issue relates to language inserted at Conference Committee which says that funds appropriated may not be used to pay personal services costs due to reclassification of job classes during next fiscal year unless those reclassifications were specifically budgeted. Job classification - the process of determining which jobs are grouped together based on duties, responsibilities and other factors - is an integral part of the responsibility assigned by AS 39.25.150 to the division of personnel. The executive branch must fulfill this responsibility in a manner consistent with the constitutionally established merit principle. An attempt to prohibit implementation of changes in job classification in this manner is not consistent with the constitutional merit principle or the limitation on combining substantive law with appropriations bills. In addition to the legal difficulties with the bill's approach, there are practical problems as well. The state's ability to recruit and retain essential employees in the current job market depends on a classification system that can appropriately adjust to external factors beyond our control such as changes in technology, professional licensing requirements, federal program requirements, and the nature of the work. The timing of our need to make these adjustments does not always conveniently track the budget cycle. Waiting several months for a supplemental or the next year's budget appropriation could significantly impair the ability of our agencies to deliver essential services to the public. Sincerely, /s/ Tony Knowles Governor" HB 104 The following letter, dated June 30, 2001, was received: "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2001-07-20 House Journal Page 1894 CONFERENCE CS FOR HOUSE BILL NO. 104 "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." Chapter No. 62, SLA 2001 [Effective Date: July 1, 2001] The FY2002 budget will continue improvements in services to Alaska's mental health trust beneficiaries. One of the most significant achievements for beneficiaries is actually in the capital budget bill and separate legislation: approval of bonds for construction of a new Alaska Psychiatric Institute. Many people have worked tirelessly to resolve this long-standing issue in an enormously positive way. I have made no changes to the dollar amounts in the comprehensive mental heath budget bill passed by the Legislature. I would note that the Supreme Court's recent decision in Alaska Legislative Council v. Knowles, 21 P.3d 367 (Alaska 2001), does not permit vetoes of intent or other language even if that language is unconstitutional. However, I remain obligated to follow the laws as enacted properly by the legislature and interpreted by the state courts. As a result, two legislative additions to the bill require comment even though I am not permitted to veto the language. There is a major constitutional issue relating to the language with which the legislature attempts to limit expenditures for abortions. The executive branch is already under court order in State of Alaska, Dept. of Health & Social Services v. Planned Parenthood of Alaska to operate the Medicaid program in a constitutional manner by paying for therapeutic or medically necessary abortions. Planned Parenthood has already filed a request that the court clarify that the constitutional protections extend to the FY2002 budget despite the language added in an effort to avoid such payment. I will abide by the decision of the court as to whether these abortions must be paid for in FY2002. The other issue relates to language inserted at Conference Committee which says that funds appropriated may not be used to pay personal services costs due to reclassification of job classes during next fiscal year unless those reclassifications were specifically budgeted. Job 2001-07-20 House Journal Page 1895 classification - the process of determining which jobs are grouped together based on duties, responsibilities and other factors - is an integral part of the responsibility assigned by AS 39.25.150 to the division of personnel. The executive branch must fulfill this responsibility in a manner consistent with the constitutionally established merit principle. An attempt to prohibit implementation of changes in job classification in this manner is not consistent with the constitutional merit principle or the limitation on combining substantive law with appropriations bills. In addition to the legal difficulties with the bill's approach, there are practical problems as well. The state's ability to recruit and retain essential employees in the current job market depends on a classification system that can appropriately adjust to external factors beyond our control such as changes in technology, professional licensing requirements, federal program requirements, and the nature of the work. The timing of our need to make these adjustments does not always conveniently track the budget cycle. Waiting several months for a supplemental or the next year's budget appropriation could significantly impair the ability of our agencies to deliver essential services to the public. Sincerely, /s/ Tony Knowles Governor" SB 29 The following letter, dated June 30, 2001, was received: "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature 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. 29 (FIN) am H "An Act making and amending appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), 2001-07-20 House Journal Page 1896 Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Chapter No. 61, SLA 2001 [Effective Date: See Chapter] When I presented my FY2002 budget last December, I called it the "Jobs and Families Budget" because it addressed three basic needs for the good health of Alaska families and economy. First, it maintained the existing level of vital public services Alaskans want, especially in education and child protection. Second, it made strategic investments to improve education, early childhood development, public health and public safety. And third, it promoted job development by supporting the gasline and restoring some of the recent cutbacks in service to Alaska businesses. The capital budget passed by the legislature includes most of the department projects I proposed last December and, with the exception of my accelerated transportation initiative, a large share of the school and public facility bond projects I submitted during the session. I am especially pleased that we are making substantial progress on the priority lists for school major maintenance and construction projects and that we have finally resolved and funded replacement of the aging Alaska Psychiatric Institute. I have not made any changes to the bill as passed. Sincerely, /s/ Tony Knowles Governor" HB 71 A message dated July 3, 2001, 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: 2001-07-20 House Journal Page 1897 CS FOR HOUSE BILL NO. 71(FIN) am "An Act relating to the education of children with disabilities and of gifted children; relating to the Governor's Council on Disabilities and Special Education; and providing for an effective date." Chapter No. 67, SLA 2001 Effective Date: July 4, 2001 HB 101 A message dated July 3, 2001, 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. 101(HES) "An Act relating to charter schools; and providing for an effective date." Chapter No. 70, SLA 2001 Effective Date: July 4, 2001 HB 102 A message dated July 3, 2001, 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. 102(JUD) am S "An Act relating to the theft of propelled vehicles." Chapter No. 71, SLA 2001 Effective Date: October 1, 2001 HB 115 A message dated July 3, 2001, 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. 115(HES) "An Act relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated 2001-07-20 House Journal Page 1898 persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date." Chapter No. 72, SLA 2001 Effective Date: July 4, 2001 HB 121 A message dated July 3, 2001, 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. 121(JUD) "An Act relating to the issuance of qualified charitable gift annuities." Chapter No. 73, SLA 2001 Effective Date: October 1, 2001 HB 132 The following letter, dated July 3, 2001, was received: "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature 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. 132(FIN) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; relating to the offenses of operating a motor vehicle, aircraft, or watercraft while intoxicated and refusal to take a breath test; relating to implied consent to take a chemical test; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date." 2001-07-20 House Journal Page 1899 Chapter No. 63, SLA 2001 [Effective Date: See Chapter] The substance of this bill indicates legislative interest in toughening our drunk driving laws. But that cannot be effective without adequate funding for enforcement and, particularly, treatment. In signing this bill, I note and am disheartened by the severe lack of funding the legislature provided to support its provisions. Of the $2.5 million the administration identified as necessary to fund all of the provisions in this bill, less than half -- some $1.17 million -- was funded. This will greatly hamper the administration's ability to carry out this worthwhile legislation. Sincerely, /s/ Tony Knowles Governor" HB 142 A message dated July 3, 2001, 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. 142(HES) am S "An Act relating to the Alaska temporary assistance program; and providing for an effective date." Chapter No. 75, SLA 2001 Effective Date: July 4, 2001 HB 150 A message dated July 3, 2001, 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. 150 "An Act relating to insurance premiums for rental motor vehicles." 2001-07-20 House Journal Page 1900 Chapter No. 77, SLA 2001 Effective Date: October 1, 2001 HB 172 The following letter, dated July 3, 2001, was received: "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature 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. 172(FIN) "An Act relating to therapeutic courts for offenders; to the authorized number of superior court judges; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." Chapter No. 64, SLA 2001 [Effective Date: See Chapter] In signing this bill, I note the inadequacy of the funds provided to implement it. Of the $2 million estimated to adequately establish and operate this program, the legislature granted only $1.4 million. We cannot expect to reach the anticipated success of these new initiatives without providing the resources they require. Sincerely, /s/ Tony Knowles Governor" HB 179 The following letter, dated July 3, 2001, was received: "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature and am transmitting 2001-07-20 House Journal Page 1901 the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 179(FIN) "An Act relating to underage drinking and drug offenses; and providing for an effective date." Chapter No. 65, SLA 2001 [Effective Date: July 4, 2001] This bill is well crafted to address Alaska's underage drinking problems. Its tough sanctions provide disincentives to continued drinking. At the same time it offers incentives for our youth to seek treatment and alcohol education. The approach is excellent. Unfortunately, this strong law will go on the books without adequate funds. Less than half of the funds needed to fully implement it were appropriated -- $800,000 out of the needed $1.75 million. While the legislature acknowledges the imperative to help our youth who have alcohol problems, it was unwilling to fully attack the problem and make our best effort to suppress it. I look forward to a greater future commitment to Alaska's youth. Sincerely, /s/ Tony Knowles Governor" HB 181 A message dated July 3, 2001, 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. 181(JUD) "An Act relating to the obligations of spouses, to insurance policies of spouses, to the nonprobate transfer of property on death to a community property trust, to the division of the community property of spouses at death, and to the Alaska Community Property Act; amending Rule 301, Alaska Rules of Evidence; and providing for an effective date." 2001-07-20 House Journal Page 1902 Chapter No. 80, SLA 2001 Effective Date: July 4, 2001 HB 184 A message dated July 3, 2001, 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. 184(JUD) "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date." Chapter No. 81, SLA 2001 Effective Date: See Chapter HB 186 A message dated July 3, 2001, 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. 186(L&C) "An Act relating to a municipal enhanced 911 surcharge on wireless telephones." Chapter No. 82, SLA 2001 Effective Date: October 1, 2001 HB 187 A message dated July 3, 2001, 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. 187(JUD) "An Act relating to the destruction, desecration, and vandalism of cemeteries and graves." Chapter No. 83, SLA 2001 Effective Date: October 1, 2001 2001-07-20 House Journal Page 1903 HB 198 A message dated July 3, 2001, 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. 198(RLS)(efd add) "An Act relating to a post-retirement pension adjustment for certain persons receiving benefits under the Elected Public Officers Retirement System, and establishing and relating to a Compensation Commission for State Officials; and providing for an effective date." Chapter No. 91, SLA 2001 Effective Date: July 4, 2001 HB 200 A message dated July 3, 2001, 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. 200(STA) "An Act establishing July 3 as Drunk Driving Victims Remembrance Day." Chapter No. 66, SLA 2001 Effective Date: October 1, 2001 HB 204 A message dated July 3, 2001, 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. 204 "An Act relating to the Alaska Commission on Postsecondary Education and the Alaska Student Loan Corporation; relating to student financial aid programs and the financing of those programs; establishing the Alaska Advantage Loan Program and the Alaska Supplemental Education Loan Program; increasing the bonding authorization of the Alaska Student Loan Corporation; providing for liens resulting from a default under AS 14.43 or AS 2001-07-20 House Journal Page 1904 14.44; relating to the duties of the recorder regarding those liens; relating to defaults under the Western Regional Higher Education Compact; relating to the prohibition on discrimination regarding programs under AS 14.43; relating to fees for the review of certain postsecondary institutions; making conforming amendments; and providing for an effective date." Chapter No. 85, SLA 2001 Effective Date: See Chapter HB 210 A message dated July 3, 2001, 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. 210(JUD) am "An Act relating to sexual assault and sexual abuse of a minor." Chapter No. 86, SLA 2001 Effective Date: October 1, 2001 HB 214 A message dated July 3, 2001, 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. 214(L&C) "An Act relating to a civil action against a person under 21 years of age who enters premises where alcohol is sold or consumed." Chapter No. 87, SLA 2001 Effective Date: October 1, 2001 HB 228 A message dated July 3, 2001, 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: 2001-07-20 House Journal Page 1905 CS FOR HOUSE BILL NO. 228(FIN) "An Act relating to the accounting of fees from business license endorsements for tobacco products, to the disclosure of certain confidential cigarette and tobacco product information, to notification regarding a cigarette manufacturer's noncompliance with the tobacco product Master Settlement Agreement, to business license endorsements for sale of tobacco products, to citations and penalties for illegal sales of tobacco products; and providing for an effective date." Chapter No. 88, SLA 2001 Effective Date: See Chapter HB 230 A message dated July 3, 2001, 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. 230 "An Act relating to wage and hour protections for employees of the Alaska Railroad Corporation; and providing for an effective date." Chapter No. 89, SLA 2001 Effective Date: July 4, 2001 HB 250 A message dated July 3, 2001, 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. 250(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2002; and providing for an effective date." Chapter No. 90, SLA 2001 Effective Date: July 4, 2001 2001-07-20 House Journal Page 1906 SB 72 A message dated July 3, 2001, 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. 72(RES) "An Act relating to 'take-a-child-hunting' seasons for big game." Chapter No. 68, SLA 2001 Effective Date: October 1, 2001 SB 86 A message dated July 3, 2001, 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. 86(FIN) "An Act relating to employment of teachers who have subject- matter expertise; and providing for an effective date." Chapter No. 69, SLA 2001 Effective Date: July 4, 2001 SB 135 A message dated July 3, 2001, 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. 135(JUD) "An Act relating to mental health records, communications, and information; and providing for an effective date." Chapter No. 74, SLA 2001 Effective Date: July 4, 2001 SB 143 A message dated July 3, 2001, 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: 2001-07-20 House Journal Page 1907 SENATE BILL NO. 143 "An Act authorizing the Department of Natural Resources to enter into agreements with a person or persons desiring to own an oil or natural gas pipeline proposed to be located on state land for the purposes of providing for payment of the reasonable costs incurred in preparing for activities before receipt of an application under the Alaska Right-of- Way Leasing Act and for activities relating to the processing of an application under that Act; and providing for an effective date." Chapter No. 76, SLA 2001 Effective Date: July 4, 2001 SB 151 A message dated July 3, 2001, 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. 151 "An Act relating to the Bristol Bay Salmon Classic; and providing for an effective date." Chapter No. 78, SLA 2001 Effective Date: January 1, 2002 SB 178 A message dated July 3, 2001, 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. 178 "An Act relating to the detention of delinquent minors and to temporary detention hearings; amending Rule 12, Alaska Delinquency Rules; and providing for an effective date." Chapter No. 79, SLA 2001 Effective Date: July 4, 2001 2001-07-20 House Journal Page 1908 SB 198 A message dated July 3, 2001, 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. 198(HES) "An Act establishing the Statewide Suicide Prevention Council; and providing for an effective date." Chapter No. 84, SLA 2001 Effective Date: July 4, 2001 HB 244 The following letter, dated July 5, 2001, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES) "An Act relating to a grant of state land to the Denali Borough for a railroad and utility corridor and a railroad development project; repealing provisions relating to a grant of a right-of-way of land for a railroad and utility corridor to the Alaska Industrial Development and Export Authority; and providing for an effective date." The bill requires the transfer of 3,500 acres of state land to the Denali Borough for subsequent lease to Kantishna Holdings, Inc. to provide a railroad and utility corridor for the design, construction, operation, and maintenance of a railroad. The corridor would run from near Healy to the eastern boundary of Denali National Park and Preserve. The bill requires the borough to lease the land by September 1, 2010, or it will revert to the state. Throughout my term as governor, I have supported the development of increased access to Denali National Park and Preserve. In 1998, I signed House Bill 386 authorizing the Department of Natural Resources to grant state land to the Alaska Industrial Development and 2001-07-20 House Journal Page 1909 Export Authority (AIDEA) for the purpose of financing a project enabling Kantishna Holdings, Inc. to develop a railroad corridor. The 1998 law allowed for public review, consideration of economic feasibility, and allowed the state to impose appropriate conditions. The law also authorized AIDEA to issue up to $28,000,000 in bonds to finance the project. This bill would repeal the authority to analyze and implement a joint private and public project. This year's capital budget includes a $1.65 million appropriation to the Department of Transportation and Public Facilities for planning, reconnaissance, and environmental analysis for a proposed northern access into Denali National Park and Preserve. The planning process will also assure the public's ability to participate in the final decision of whether to construct a road or a railroad, and in the decision of where best to route the project so as to achieve its goals. The goal of this bill -- enhanced access to Denali National Park and Preserve -- may be laudable, but the process presented here is seriously flawed in the following ways: · It violates the public process by disposing of significant state resources without adequate safeguards of the public interest, including opportunity for thorough public hearings and comment. · It violates the competitive bid processes of the state by designating a land lease recipient (Kantishna Holdings, Inc.) and bypassing the legal process for leasing state lands. · It violates and is inconsistent with the Department of Natural Resources land use planning process. · It transfers lands of undeniable state-wide and national interest to a borough which currently lacks adequate authority or capacity to administer transportation services or to conduct land planning and zoning. · It is premature and could be endorsing construction of a railroad to nowhere. The National Park Service has not designated an additional access point into the park. This railroad, if built, could literally end at the park boundary with no real destination. 2001-07-20 House Journal Page 1910 I continue to believe the basic premise of this bill, the development of alternative access to Denali Park, is in the best interests of the state. However, this goal will not be achieved without appropriate planning, public participation, participation by the federal landowner, appropriate financing, and fair competition. I veto this bill to allow that process to proceed, using the money appropriated this year for that purpose. Sincerely, /s/ Tony Knowles Governor" SB 88 The following letter, dated July 5, 2001, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: SENATE BILL NO. 88 am H "An Act relating to metropolitan planning organizations and to establishment of a metropolitan planning organization for the Anchorage metropolitan area; and providing for an effective date." This bill presents serious difficulties under two different constitutional doctrines. It violates the provisions against dual office hold by legislators found in art II, sec. 5 of the Alaska Constitution. Furthermore, it appears that the planning organization for the Anchorage Metropolitan Area Transportation Study (AMATS) becomes a state agency, because the majority of the members of the body are state officials. That being the case, legislators and appointees by the governor may not serve in the same organization without violating the separation of powers doctrine. Despite the constitutional infirmities in this bill, it is flawed on a more basic premise. It transforms an inherently local process, transportation planning, into a state process. In other words, local government will be precluded from finding local solutions to local problems. 2001-07-20 House Journal Page 1911 The Federal Highway Administration has taken the position that this bill likely violates provisions in 23 U.S.C. 134, which require local participation in redesignation of metropolitan planning areas like Anchorage. That statute requires involvement of local officials in the redesignation of a Metropolitan Planning Organization (MPO). Because this new MPO will be forced upon the Anchorage area, there is the very real possibility that approximately $35,000,000 annually in federal money could be withheld from surface transportation projects in the Anchorage area. I had the honor of serving on the AMATS Policy Committee and seeing the process in action as a former Anchorage Assembly member and mayor. I know first-hand the importance and effectiveness of the grass roots authority and responsibility the AMATS gives to critical transportation decisions. I will not allow that to be diminished. Sincerely, /s/ Tony Knowles Governor" SB 105 The following letter, dated July 5, 2001, was received: "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature 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. 105(FIN) "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to the crime victim's choice to appear or testify in a criminal case; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; relating to restitution for criminal and delinquency acts; authorizing the state to collect restitution on behalf of victims of 2001-07-20 House Journal Page 1912 crime and delinquent acts and the release of certain information related to that collection; relating to the forfeiture of certain cash and other security for payment of other restitution; relating to access by the Violent Crimes Compensation Board to certain records regarding delinquency acts to award compensation to victims; relating to immunity for damages related to certain collections of restitution; amending Rule 82, Alaska Rules of Civil Procedure, Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rules 402 and 501, Alaska Rules of Evidence; and providing for an effective date." Chapter No. 92, SLA 2001 [Effective Date: See Chapter] In signing this bill aimed at assisting Alaska victims of crime, I must sadly note the worthwhile program it establishes will start off at risk due to underfunding. The legislature recognizes the great value of helping victims collect their court ordered restitution, but neglects to fully fund the resources to perform this task to its maximum potential. Of the $305,000 requested for the Department of Law to set up the collection service, only $200,000 was granted. In addition, the legislature refused to fund the Department of Corrections' mandate to furnish new and expanded information on inmates for the purposes of Permanent Fund dividend denial. The effort must be worthwhile because the legislature intends to fund an Office of Victim's Rights with the denied dividend money. Yet allowing the department its relatively small funding request to fulfill this mission was ignored. How disheartening that we continue to establish new programs with the expectation they can be implemented at zero cost. Sincerely, /s/ Tony Knowles Governor" 2001-07-20 House Journal Page 1913 HB 90 A message dated July 6, 2001, 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. 90(FIN) am S "An Act relating to reimbursement of municipal bonds for school construction; and providing for an effective date." Chapter No. 93, SLA 2001 Effective Date: See Chapter HB 234 A message dated July 6, 2001, 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. 234(FIN) am S "An Act relating to the tobacco use education and cessation fund and to smoking education and cessation programs; relating to funding the tobacco use education and cessation fund; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a tobacco litigation settlement; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date." Chapter No. 96, SLA 2001 Effective Date: July 7, 2001 2001-07-20 House Journal Page 1914 SB 133 A message dated July 6, 2001, 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. 133(RLS) "An Act relating to a two-year transition for implementation of the public high school competency examination and to establishing a secondary student competency examination as a high school graduation requirement; relating to certain reports regarding academic performance of schools; and providing for an effective date." Chapter No. 94, SLA 2001 Effective Date: See Chapter SB 174 A message dated July 6, 2001, 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. 174(FIN) "An Act establishing a base student allocation for purposes of determining education funding in the amount of $4,010; providing that only 50 percent of the annual increase in assessed value may be included for purposes of calculating the required contribution to education from a city or borough school district; providing that a community with at least 101 students but not more than 425 students in average daily membership is counted as one elementary and one secondary school, and that, in a community with more than 425 students in average daily membership, each facility administered as a separate school, except certain alternative schools, is counted as a school; and providing for an effective date." Chapter No. 95, SLA 2001 Effective Date: July 7, 2001 2001-07-20 House Journal Page 1915 HR 6 A message dated July 7, 2001, 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 RESOLUTION NO. 6 Supporting the Cook Inlet Aquaculture Association's plan for enhancement and rehabilitation of Cook Inlet fisheries. House Resolve No. 6 HCR 10 A message dated July 7, 2001, 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. 10 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 19, relating to certain federal child support enforcement requirements, so that the phrase "relating to child support payments" may be added to the bill's title. Legislative Resolve No. 24 HCR 14 A message dated July 7, 2001, 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. 14 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 133, relating to high school competency testing. Legislative Resolve No. 37 2001-07-20 House Journal Page 1916 HCR 17 A message dated July 7, 2001, 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 CS FOR HOUSE CONCURRENT RESOLUTION NO. 17(JUD) Expressing the legislature's support for sale of a portion of Alaska's North Slope natural gas for electrical generation to power data centers within the North Slope Borough. Legislative Resolve No. 30 HCR 18 A message dated July 7, 2001, 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 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 105, relating to crime victims. Legislative Resolve No. 38 HJR 22 A message dated July 7, 2001, 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: CONFERENCE CS FOR HOUSE JOINT RESOLUTION NO. 22 Relating to a diverse community; condemning a recent racially motivated attack; and requesting the Municipality of Anchorage police department to continue their conclusive investigation and requesting the criminal justice system to take rapid action to reach the determination of this case. Legislative Resolve No. 27 2001-07-20 House Journal Page 1917 HJR 23 A message dated July 7, 2001, 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 CS FOR HOUSE JOINT RESOLUTION NO. 23(STA) Advocating the retention of the electoral college system in its present form. Legislative Resolve No. 31 HJR 26 A message dated July 7, 2001, 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. 26 Requesting the National Marine Fisheries Service to relocate the Alaska Fisheries Science Center Steller sea lion research team to Alaska. Legislative Resolve No. 25 HJR 28 A message dated July 7, 2001, 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. 28 Supporting the application of Alaska Airlines to provide air service to Ronald Reagan Washington National Airport. Legislative Resolve No. 23 SCR 14 A message dated July 7, 2001, 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: 2001-07-20 House Journal Page 1918 SENATE CONCURRENT RESOLUTION NO. 14 Establishing the Joint Committee on Natural Gas Pipelines. Legislative Resolve No. 32 SCR 15 A message dated July 7, 2001, 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 Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 177, placing certain special interest organizations within the definition of "group" for purposes of Alaska's campaign finance statutes; and requiring disclosure of the true source of campaign contributions. Legislative Resolve No. 33 SCR 18 A message dated July 7, 2001, 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 Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 260, relating to commercial passenger vessels so that the title may read "An Act relating to marine passenger vessels; and providing for an effective date." Legislative Resolve No. 39 SCR 19 A message dated July 7, 2001, 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: 2001-07-20 House Journal Page 1919 SENATE CONCURRENT RESOLUTION NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 115, relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication. Legislative Resolve No. 34 SJR 15 A message dated July 7, 2001, 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. 15(RLS) Relating to imports of salmon from Chile. Legislative Resolve No. 22 SJR 17 A message dated July 7, 2001, 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. 17(STA) Relating to requesting that President Bush renounce and reverse Clinton Administration anti-gun-ownership policies and reorient the United States Department of Justice towards policies that accurately reflect the intent of the Second Amendment to the United States Constitution to grant individual Americans the right to keep and bear arms. Legislative Resolve No. 21 2001-07-20 House Journal Page 1920 SJR 21 A message dated July 7, 2001, 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. 21(HES) Urging the United States Congress to extend the authorization date for supplemental block grants to the State of Alaska under the Federal Temporary Assistance to Needy Families Program. Legislative Resolve No. 35 SJR 27 A message dated July 7, 2001, 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. 27 Relating to an Alaska National Guard Armory in Juneau. Legislative Resolve No. 28 SJR 28 A message dated July 7, 2001, 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. 28(HES) Urging dissemination of information about the costs of long-term care services and the availability of long-term care insurance for individuals. Legislative Resolve No. 36 SJR 30 A message dated July 7, 2001, 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: 2001-07-20 House Journal Page 1921 HOUSE CS FOR SENATE JOINT RESOLUTION NO. 30(RES) Urging the United States Forest Service to acknowledge all of the rights of the state to rights-of-way to state highways that pass through federal land. Legislative Resolve No. 29 SB 166 The following letter, dated July 7, 2001, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: SENATE BILL NO. 166 "An Act relating to the time of filling by appointment a vacancy in the office of United States Senator." The authors of Alaska's Constitution granted Alaska's governor the power to fill a vacancy in the United States Senate. This practice has served Alaskans well. Now, Republican legislators seek to change this time-honored procedure for one possible circumstance in order to gain advantage for their own political party. The reason cited for this bill, offering a five-day waiting period for the public to comment before a governor appoints an individual to a U.S. Senate vacancy, is a ruse. If public participation were the sponsors' true intent, they could serve that purpose far better by proposing to change the law to require an immediate special election for the public to choose a successor to a vacant Senate seat, as is done in a few other states. I would support such legislation. Rather, in the bill before me today, the sponsors have designed an appointment system that would make Alaska unique among all states in the process for filling a U.S. Senate vacancy. It imposes a constraint on a governor's power of appointment specifically targeted to affect the next gubernatorial election with likely no future application. 2001-07-20 House Journal Page 1922 The real motivation for this bill is to accomplish one goal under one specific possible chain of events - to orchestrate who may fill a potential upcoming Senate vacancy. This attempt to craft laws for political gain raises constitutional concerns. Alaskans do not look favorably on such blatant efforts to abuse our state's laws for partisan benefit. Therefore, I have vetoed this bill. Sincerely, /s/ Tony Knowles Governor" SB 193 The following letter, dated July 7, 2001, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR SENATE BILL NO. 193(FIN) "An Act making a special appropriation to the Alaska Legislative Council for a study of the economic and social effects of the permanent fund dividend on the state; and providing for an effective date." Alaska's Permanent Fund dividend program is a unique opportunity for Alaskans to directly benefit from the resource wealth of our state. It plays a significant role in the Alaska economy, comprising a significant portion of the income of the average Alaska family and creating more than an estimated 8,000 Alaska jobs. The Permanent Fund also has helped motivate Alaskans to participate in public policy issues regarding state fiscal issues. Throughout my administration, I have insisted that any significant changes in this popular program must include a vote of the people. Likewise, I believe that any uses of Permanent Fund earnings must meet the highest standards of public benefit. 2001-07-20 House Journal Page 1923 The study contemplated in this special appropriation bill does not further the interests of the Permanent Fund, the dividend program, or the financial health of the state. It would use $200,000 of Permanent Fund income to analyze the economic and social impacts of the dividend program. A legislative study of this sort is unnecessary. We already know Alaska families use their dividends in a variety of ways and I trust those families to make use of this income in the manner that best suits their needs. I am comfortable that the State of Alaska currently has the information it needs on the impact of the dividend program without spending an additional $200,000. Among other social and economic issues, the study also would examine the possibility of changing the dividend residency eligibility requirements. State and federal courts have already addressed these eligibility issues in many widely publicized decisions. Further analysis of these issues is not likely to change court decisions, but could generate unnecessary uncertainty among current dividend recipients. I do not support any alleged study such as this that could be used as a reason to divert Permanent Fund dividends to purposes other than distribution to the Alaska public. Therefore, I must veto this bill. Sincerely, /s/ Tony Knowles Governor" SB 145 A message dated July 10, 2001, 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. 145(FIN) "An Act relating to regional and village public safety officers; relating to the expansion of the village public safety officer program to include the provision of probation and parole supervision services; and relating to retirement benefits for village public safety officers; and providing for an effective date." 2001-07-20 House Journal Page 1924 Chapter No. 97, SLA 2001 Effective Date: See Chapter SB 152 A message dated July 10, 2001, 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 SENATE BILL NO. 152(FIN) am H "An Act relating to the handling of and interest on contract controversies involving the Department of Transportation and Public Facilities or state agencies to whom the Department of Transportation and Public Facilities delegates the responsibility for handling the controversies." Chapter No. 98, SLA 2001 Effective Date: October 8, 2001 SB 218 A message dated July 10, 2001, 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. 218(TRA) am "An Act relating to international airports revenue bonds and requiring that the spending plan for the International Airports Construction Fund include information about the amounts spent during the previous fiscal year for cost overruns on certain projects and the identification of time delays on certain projects; relating to customer facility charges to fund facilities in airports to be constructed without using international airport revenue bonds; and providing for an effective date." Chapter No. 99, SLA 2001 Effective Date: July 11, 2001 HB 177 The following letter, dated July 11, 2001, was received: 2001-07-20 House Journal Page 1925 "Dear Speaker Porter: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: SENATE CS FOR CS FOR HOUSE BILL NO. 177(RLS) AM S "An Act regulating nongroup entities and certain tax-exempt organizations under Alaska's election campaign finance statutes; and requiring disclosure of the true source of campaign contributions." Alaska has one of the strongest and best crafted campaign finance laws in the country. It should be viewed and respected as such and not amended piecemeal based on reaction to individual, specific political interests. This bill takes an unwise approach to our campaign finance laws, targeting and treating differently one entity that is clearly permitted by the law and courts to participate in elections. I generally support the expanded requirements for public disclosure of campaign finances included in this bill, but it goes too far in restricting campaign activities. According to the law and, as recognized by the Alaska Supreme Court, certain qualifying nonprofit corporations and other entities whose primary mission is to disseminate political ideas rather than engage in business have a right to participate in election activities. This bill unnecessarily restricts how those groups may disburse funds and is inconsistent with current campaign finance laws regarding individual and group contribution levels. Our campaign finance laws must balance principles of fairness with encouraging citizen participation in elections. This bill upsets that balance. Sincerely, /s/ Tony Knowles Governor" HB 185 The following letter, dated July 11, 2001, was received: 2001-07-20 House Journal Page 1926 "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 185 (FIN) "An Act relating to fees for certain uses of state water, other than fees for traveling upon state water, and to the accounting and appropriation of those fees; relating to authorizations for the temporary use of state water; making other amendments to the Alaska Water Use Act; and providing for an effective date." Chapter No. 100, SLA 2001 [Effective Date: See Chapter] This bill provides Alaska's Department of Natural Resources with the statutory tools necessary to issue temporary water use authorizations in an efficient and timely fashion while protecting Alaska's fish and wildlife resources. It also provides for the establishment of reasonable water fees necessary to support Alaska's water rights program, a program that is of vital importance to Alaskans. The administration's water program will ensure the allocation of this important resource for the maintenance of water quality and quantity, conservation of our fish and wildlife, public use and enjoyment of Alaska's spectacular waterways, and environmentally sound economic development. The legislative process brought to light several related issues which this legislation does not address, such as instream flow reservations. My administration is committed to work with the public over the next year to ensure we have the tools and strong regulatory framework to protect, conserve and develop our water resources in an environmentally sound manner. Water reservations are a savings account for future generations of Alaskans. Reserving sufficient water flows for maintaining Alaska's fish populations and their habitats is an essential element of sound resource stewardship. We cannot repeat the mistakes of over- allocation that so many of the Lower 48 states face today. Our 2001-07-20 House Journal Page 1927 communities, our industries, and our unparalleled fish and wildlife populations depend upon us to be forward thinking -- to ensure we maintain Alaska's water resources for future generations, while allowing responsible resource development. With this essential goal in mind, I have asked my resource agencies to provide me any recommendations to improve our water allocation program. Sincerely, /s/ Tony Knowles Governor" SB 103 The following letter, dated July 11, 2001, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CONFERENCE CS FOR SENATE BILL NO. 103 "An Act relating to election campaigns and legislative ethics." Alaska led the nation in reforming its campaign finance laws when the legislature adopted amendments in 1996 that significantly curbed the effect of big money donors. Strongly supported by the public, the reforms capped the amounts of contributions to candidates and political parties and placed strict controls on corporate and union donations. Now, just when the rest of the nation appears to be following in Alaska's lead, the legislature has taken a sharp U-turn by passing a measure that reverses some provisions and certainly the spirit of the 1996 reforms. The measure opens loopholes in the campaign finance laws that would allow additional opportunities for special interests to influence candidates and elections. It allows professionals, such as lawyers, media advisors, campaign managers, and computer programmers, to contribute unlimited personal labor to campaigns. Since much of campaign spending is for professional services, this provision removes a large category of campaign activity from the contribution limits and, 2001-07-20 House Journal Page 1928 perhaps even more importantly, from the reporting requirements. Because the candidates and political parties will not have to report donated professional services, the donations will be insulated from public scrutiny. The measure also legalizes "soft money" in Alaska by allowing individuals to make unlimited contributions to political parties so long as the contribution is earmarked for certain party expenses not tied to a specific candidate's campaign. This provision was added to the bill late in the legislative process apparently in response to a recent federal district court decision striking the $5000 limit on contributions to political parties for certain uses as unconstitutional. This bill would lock in the court's ruling even if the court's decision were reversed on appeal. The timing of this change - it was rushed through both houses late in the session - prevented any real opportunity for the public to be heard on the subject. Without any evidence that Alaskans have changed their views on the subject of campaign reform, the legislature has passed provisions that would allow certain donations to the political parties and campaigns without limits and, in the case of professional services, would shield the donations from public view. By allowing soft money and unlimited donations of professional services, the legislature has turned its back on campaign finance reform. I stand together with Alaskans who have made it clear they want strong controls on the amount of money donated in political campaigns and full disclosure of campaign funding. I cannot support this measure's erosion of those principles, and I must veto this bill. Sincerely, /s/ Tony Knowles Governor" SB 156 The following letter, dated July 11, 2001, was received: 2001-07-20 House Journal Page 1929 "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 156 (RES) "An Act amending the Alaska Land Act to clarify the requirement of a single written best interest finding required for the sale, lease, or other disposal of state land or resources or an interest in them, and relating to certain disposals involving multiphased development; and providing for an effective date." Chapter No. 101, SLA 2001 [Effective Date: July 12, 2001] This bill amends the Alaska Land Act clarifying that a single written best interest finding is required for the sale, lease, or other disposal of state land or resources. The bill makes clear that multiple best interest findings are not needed for all subsequent phases of development beyond the initial lease or sale. However, it adds explicit requirements that public notice and the opportunity to comment must be provided for subsequent phases of development, either directly through the Department of Natural Resources or under the Alaska Coastal Management Program consistency review. There are adequate mechanisms for review at later phases of development other than best interest findings. Post-disposal oil and gas activities are subject to numerous federal, state, and local permitting procedures. For most major projects this includes extensive analysis in environmental assessments and environmental impact statements under the National Environmental Policy Act (NEPA) (42 U.S.C.A. §§ 4321-4370). In addition, major oil and gas developments are subject to Alaska Coastal Zone Management Program consistency analyses. 2001-07-20 House Journal Page 1930 As instructed by the bill, the Department of Natural Resources (DNR) will promulgate regulations providing for fair and adequate public notice and opportunity to comment on oil and gas projects not covered by public notice under the Alaska Coastal Management Program. In short, SB 156 offers additional opportunities for public comment on oil and gas projects at the exploration, development, and transportation phases. Sincerely, /s/ Tony Knowles Governor" HB 193 The following letter, dated July 13, 2001, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 17, of the Alaska Constitution, I am allowing the following bill passed by the first session of the Twenty- second Alaska State Legislature to become law without my signature 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. 193 (FIN) "An Act relating to the primary election and to the nomination of candidates for the general election; and providing for an effective date." Chapter No. 103, SLA 2001 [Effective Date: July 14, 2001] Enactment of this bill will bring certainty to the process by which Alaska conducts its primary elections. It became necessary after the U.S. Supreme Court decision in California Democratic Party v. Jones, which invalidated blanket primaries in states where political parties objected to their use. I have decided to allow this bill to become law without my signature to indicate my concern with the bill unnecessarily restricting voter 2001-07-20 House Journal Page 1931 choice by requiring voters to pick one specific party's ballot for the primary election. While the final version of the bill is consistent with the restrictions the court placed on states' primary elections, it goes beyond what the ruling requires. I prefer, and I believe a majority of Alaska voters would have preferred, the original version of the legislation, which I introduced at the request of the Primary Election Task Force. Lt. Governor Ulmer appointed the task force to make a recommendation on how Alaska could maintain maximum voter flexibility consistent with the Supreme Court's ruling. Their charge was to keep the system as close to the existing primary election process as possible. The task force bill would have provided to undeclared and non- partisan voters a blanket primary ballot that listed all the parties' candidates, if the party rules permitted. Unfortunately, the final version of the bill does not permit that option. It requires those undeclared and non-partisan voters to select one specific party's primary ballot. The legislature has chosen a closed primary system, which is constitutional and used in many other states. It is my belief Alaska voters will ultimately demand a revision of this system to more closely approximate the blanket primary we have used for most of the state's history - giving voters the widest possible choice of candidates. However, time is of the essence for voters, candidates, parties and election workers to prepare for the August 2002 primary election. It is therefore prudent to adopt this legislation now, allowing the election process to proceed in an orderly fashion, rather than risk chaos and uncertainty in approaching the next election. Sincerely, /s/ Tony Knowles Governor" 2001-07-20 House Journal Page 1932 SB 137 The following letter, dated July 13, 2001, was received: "Dear Speaker Porter: On this date I have signed the following bill passed by the first session of the Twenty-second Alaska State Legislature 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. 137 (FIN) "An Act relating to the allocation of money appropriated to the Alaska Human Resource Investment Council; and providing for an effective date." Chapter No. 102, SLA 2001 [Effective Date: July 14, 2001] I did not expect to see again this year the legislature making specific grants out of the Alaska Technical and Vocational Education Program account. Last year's grant from this program to the University of Alaska, Kotzebue Technical Center and Alaska Vocational Technical Center were presented as a one-time, transitional provision until the Alaska Human Resource Investment Council was able to establish the grant program. It is disturbing to see these line items again this year, and to see to the practice expand in scope with new grantees without any formal selection process. I hope next year the legislature will allow this program to proceed as originally designed and intended under last year's Senate Bill 289. The Alaska Human Resource Investment Council is prepared to accept grant applications and award funding as deserved. Sincerely, /s/ Tony Knowles Governor" 2001-07-20 House Journal Page 1933 INDEX OF BILLS WITH SPECIAL ACTION BY THE GOVERNOR HB 177 SENATE CS FOR CS FOR HOUSE BILL NO. 177(RLS) am S "An Act regulating nongroup entities and certain tax-exempt organizations under Alaska's election campaign finance statutes; and requiring disclosure of the true source of campaign contributions." Veto..........................................................................................1924 HB 193 SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) "An Act relating to the primary election and to the nomination of candidates for the general election; and providing for an effective date." Law Without Signature............................................................1930 HB 244 SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES) "An Act relating to a grant of state land to the Denali Borough for a railroad and utility corridor and a railroad development project; repealing provisions relating to a grant of a right-of-way of land for a railroad and utility corridor to the Alaska Industrial Development and Export Authority; and providing for an effective date." Veto..........................................................................................1908 SB 88 SENATE BILL NO. 88 am H "An Act relating to metropolitan planning organizations and to establishment of a metropolitan planning organization for the Anchorage metropolitan area; and providing for an effective date." Veto..........................................................................................1910 2001-07-20 House Journal Page 1934 SB 103 CONFERENCE CS FOR SENATE BILL NO. 103 "An Act relating to election campaigns and legislative ethics." Veto.........................................................................................1927 SB 166 SENATE BILL NO. 166 "An Act relating to the time of filling by appointment a vacancy in the office of United States senator." Veto.........................................................................................1921 SB 193 CS FOR SENATE BILL NO. 193(FIN) "An Act making a special appropriation to the Alaska Legislative Council for a study of the economic and social effects of the permanent fund dividend on the state; and providing for an effective date." Veto.........................................................................................1922 * * * * * This is the final supplemental journal for the First Session and First Special Session of the Twenty-Second Alaska State Legislature. Suzi Lowell Chief Clerk