Legislature(2005 - 2006)
2005-04-08 Senate Journal
Full Journal pdf2005-04-08 Senate Journal Page 0838 SB 98 Message dated and received April 7 was read, stating: On this date I signed with line item vetoes the following bill passed by the first session of the Twenty-fourth Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR SENATE BILL NO. 98 "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Chapter No. 6, SLA 2005 Effective Date: See Chapter 2005-04-08 Senate Journal Page 0839 I appreciate the Legislature's prompt action in approving the "fast track" supplemental and for funding a number of the administration's priorities. This will enable important services to continue without disruption to the citizens of our state. A key commitment I made last fall was to increase funding for Alaska's schools and to make that commitment early so districts would have predictability in planning for the upcoming school year. I was pleased to see the Legislature agree to include K-12 funding for Fiscal Year 2006 in this legislation even though the actual amount of increase still hinges on resolving differences in another piece of legislation. Based on my review of CCS SB 98, I have vetoed the following for the reasons described: Section 4 (h) Mt. Edgecumbe boarding school - $200,000 This funding is in addition to the $600,000 to meet the room and board costs for 30 additional Mt. Edgecumbe students enrolled this year. As explained in testimony before the House Finance Committee, the administration had agreed to provide the additional $200,000 needed and no formal appropriation by the Legislature was necessary. Section 7 (a) - (c), (e), (f) Gas Pipeline - $22,170,000 The Legislature appropriated a majority of the funding for work on the gasline to the Legislative Budget and Audit Committee instead of directly to the state agencies that are responsible for execution of the Stranded Gas Act. This raises a significant concern. First, by giving a legislative committee power to contract with executive agencies to provide services that are necessary to execute the law, the legislative committee is exercising executive power by supervising those agencies during their execution of the law. This violates the separation of powers doctrine that is implicit in Alaska's Constitution that gives the power to execute law to the executive branch. A second concern is that with record high oil prices we should continue to use traditional sources of funding to meet these needs. It is for these reasons I have vetoed these appropriations. 2005-04-08 Senate Journal Page 0840 Section 7 (d) - Gas Pipeline - $1,525,000 I have vetoed the use of non-general fund earnings as a fund source for this appropriation to the Department of Natural Resources for gas pipeline work. I believe we should be using the more traditional fund source of the general fund to support these efforts. Section 8 - Office of the Governor ANWR Advocacy - $125,000 I am concerned that a non-traditional fund source has been used to support these advocacy efforts and as a result, I have vetoed that fund source. Because of the importance of these issues, I will submit to the Legislature another request to fund the department's gasline work and ANWR advocacy. I will request that funds be appropriated directly to the departments responsible and accountable for implementation of the Stranded Gas Act and that the funding come from the state's general fund. Key issues remain during the final weeks of this legislative session. I look forward to working with the Legislature in not only meeting today's obligations but achieving our mutual expectations for a bright future. Sincerely yours, /s/ Frank H. Murkowski Governor