Legislature(2011 - 2012)

2011-06-27 House Journal

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2011-06-27                     House Journal                      Page 1285
HB 126                                                                                                                        
The following letter was dated and received June 17, 2011, at                                                                   
7:50 p.m.:                                                                                                                      
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority vested in me by Article II, Section 15, of the                                                              
Alaska Constitution, I have vetoed the following bill:                                                                          
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 126(FIN)                                                                               
     "An Act relating to qualifications for serving on a state board or                                                         
     commission; extending the termination dates of the Board of                                                                
     Nursing, the Board of Dental Examiners, the Board of Barbers and                                                           
     Hairdressers, and the Alcoholic Beverage Control Board; and                                                                
     providing for an effective date."                                                                                          
                                                                                                                                
While I support the sunset extension provisions of the bill for the                                                             
Board of Nursing, the Board of Dental Examiners, the Board of                                                                   
Barbers and Hairdressers, and the Alcoholic Beverage Control Board,                                                             
I have grave concerns over the Legislature's last minute policy call to                                                         
add a provision prohibiting a person convicted of a felony from                                                                 
serving on a board or commission of State government. While I agree                                                             
that a person who commits a violent crime and is still a danger to the                                                          
community should not be considered for appointment to a board or                                                                
commission, this overly broad provision fails to recognize that a                                                               
person may be convicted of a nonviolent felony, rehabilitated, and                                                              
substantially benefit society long after the person's incarceration. If a                                                       
person may legally be elected to office, like governor or lieutenant                                                            
governor, who at one time in life was convicted of a felony, why                                                                

2011-06-27                     House Journal                      Page 1286
would we forever ban them from serving the community on a                                                                       
commission? Fundamental notions of fairness are implicated as are                                                               
constitutional directives toward rehabilitation.                                                                                
                                                                                                                                
Several State boards and commissions, such as the Advisory Board on                                                             
Alcoholism and Drug Abuse, advise on the development of programs                                                                
for the prevention, treatment, and rehabilitation of persons with social                                                        
and medical issues who make up a large portion of the correctional                                                              
institutions' population. The legislation's provision would eliminate                                                           
from consideration for appointment persons who may be able to                                                                   
provide invaluable firsthand experience for development of those                                                                
programs. I raise the questions because no committee record was                                                                 
established for the prohibition, so a full evaluation cannot occur now.                                                         
Without public testimony or committee discussion of the provision, it                                                           
is virtually impossible to ferret out the rationale behind this provision.                                                      
                                                                                                                                
Without anything further in the record to consider, I believe that a one-                                                       
size-fits-all approach is not in the State's best interest for this                                                             
complicated issue. This provision is unusual among states to uniformly                                                          
ban individuals from serving on State boards and commissions                                                                    
regardless of the linkage to the board's or commission's duties, the                                                            
length of time since the commission of the felony, and whether the                                                              
felony was nonviolent in nature. A stigma strong enough to stop most                                                            
appointments already exists so any such appointment would receive                                                               
great scrutiny. An outright ban appears to be an overreach without                                                              
more information to consider.                                                                                                   
                                                                                                                                
Accordingly, I would urge the Legislature to pass a clean sunset                                                                
extension for the Board of Nursing, the Board of Dental Examiners,                                                              
the Board of Barbers and Hairdressers, and the Alcoholic Beverage                                                               
Control Board next year. Each of these boards will still have a one                                                             
year period within which to operate and within which the Legislature                                                            
can act with me to extend their termination dates.                                                                              
                                                                                                                                
For these reasons, I have vetoed the bill.                                                                                      
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor"