Legislature(1993 - 1994)
1993-07-22 Senate Journal
Full Journal pdf1993-07-22 Senate Journal Page 2357 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Thursday July 22, 1993 FINAL SUPPLEMENT MESSAGES FROM THE HOUSE SB 165 Message of May 11 was received stating, the House has failed to recede from its amendment to CS FOR SENATE BILL NO. 165(FIN) am, namely: HOUSE CS FOR CS FOR SENATE BILL NO. 165(FIN) "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Larson, Chair Representative MacLean Representative Grussendorf Senate members: Senator Frank, Chair Senator Pearce Senator Zharoff 2357 1993-07-22 Senate Journal Page 2358 SB 165 Message dated May 11 was received, stating the House has adopted the report of the Conference Committee considering CS FOR SENATE BILL NO. 165(FIN) am and HOUSE CS FOR CS FOR SENATE BILL NO. 165(FIN), thus passing: CONFERENCE CS FOR SENATE BILL NO. 165 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." The Senate adopted CONFERENCE CS FOR SENATE BILL NO. 165 on May 11 (page 2342). CONFERENCE CS FOR SENATE BILL NO. 165 was referred to the Secretary for engrossment and enrollment. HB 55 Message dated May 11 was received, stating the House has adopted the report of the Conference Committee considering CS FOR HOUSE BILL NO. 55(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 55 (RLS) am S(efd fld S), thus passing: CONFERENCE CS FOR HOUSE BILL NO. 55 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 55 on May 11 (page 2340). 1993-07-22 Senate Journal Page 2359 HB 112 Message of May 11 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 112, thus passing: HOUSE BILL NO. 112 am S "An Act relating to limited partnerships; and providing for an effective date." HB 124 Message of May 11 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 124(FIN), thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) am S "An Act establishing capital project matching grant programs for municipalities and unincorporated communities; and providing for an effective date." HB 211 Message of May 11 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 211, thus passing: HOUSE BILL NO. 211 am S "An Act relating to the municipal tax exemption for inventories intended for export." HB 235 Message of May 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 235(FIN), thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 235(HES) "An Act relating to educational programs and services for children with disabilities and other exceptional children and to persons with a handicap; and providing for an effective date." 1993-07-22 Senate Journal Page 2360 HB 252 Message of May 11 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 252, thus passing: SENATE CS FOR HOUSE BILL NO. 252(FIN) "An Act amending the Commercial Fishing Loan Act to authorize refinancing of existing loans made under that Act." (House adopted Senate Letter of Intent, Senate Journal page 2087). HB 293 Message of May 11 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 293, thus passing: SENATE CS FOR HOUSE BILL NO. 293(FIN) "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault." COMMUNICATIONS The following report was received and is on file in the Office of the Secretary of the Senate: Alaska Judicial Council Report, Resolving Disputes Locally: A Statewide Report and Directory, April 1993 from William T. Cotton, Executive Director The following Budget and Audit report was received and is on file in the Office of the Secretary of the Senate: A Report on the Department of Environmental Conservation for Fiscal Year Ended June 30, 1992 from Randy S. Welker, Legislative Auditor 1993-07-22 Senate Journal Page 2361 ENROLLMENT SB 97 HOUSE CS FOR CS FOR SENATE BILL NO. 97(FIN) am H "An Act relating to enhanced 911 emergency reporting systems; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:25 a.m., May 19, 1993. SB 145 CS FOR SENATE BILL NO. 145(STA) am "An Act establishing the position of state medical examiner; and relating to preparation of death certificates" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:25 a.m., May 19, 1993. SB 198 SENATE BILL NO. 198 "An Act exempting certain activities of the Department of Transportation and Public Facilities from the regulation provisions of the Administrative Procedure Act and allowing other procedures for those activities; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:25 a.m., May 19, 1993. SB 49 HOUSE CS FOR SENATE BILL NO. 49(STA) am H "An Act relating to preelection reports; closing the two-day reporting gap in those reports; setting the date of February 15 for filing year-end campaign finance reports; and requiring reporting of zero year-end reports" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:05 a.m., May 20, 1993. 1993-07-22 Senate Journal Page 2362 SB 84 SENATE BILL NO. 84 am "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:05 a.m., May 20, 1993. SB 91 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(HES) "An Act prohibiting unfair discrimination against direct-entry midwives who perform services within the scope of their certification; providing for coverage of midwife services under Medicaid; reordering the priority of optional services provided by the state under Medicaid; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:05 a.m., May 20, 1993. SB 51 SENATE BILL NO. 51 am H "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:15 a.m., June 4, 1993. SB 99 HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) am H "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain 1993-07-22 Senate Journal Page 2363 SB 99 state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:15 a.m., June 4, 1993. SB 142 HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:15 a.m., June 4, 1993. SB 7 CS FOR SENATE BILL NO. 7(FIN) am H "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of school construction and major maintenance; creating a major maintenance grant fund; relating to reimbursement of school construction debt, and to school construction bonds issued by the Alaska Municipal Bond Bank Authority; creating an education facilities maintenance and construction fund; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:50 p.m., June 7, 1993. 1993-07-22 Senate Journal Page 2364 SB 183 HOUSE CS FOR CS FOR SENATE BILL NO. 183(FIN) "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; making appropriations for capital project matching grant funds; making appropriations for capital projects; making an appropriation to pay judgment, interest, and attorney fees for Frontier Flying Service v. Turpin; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:50 p.m., June 7, 1993. SB 60 HOUSE CS FOR CS FOR SENATE BILL NO. 60(FIN) am H "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 1:45 p.m., June 29, 1993. ENGROSSMENT AND ENROLLMENT SB 165 CONFERENCE CS FOR SENATE BILL NO. 165 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date" was engrossed and enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:00 a.m., May 27, 1993. MESSAGES FROM THE GOVERNOR SB 106 Message of May 13 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1993-07-22 Senate Journal Page 2365 SB 106 HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) "An Act transferring certain projects of and amending and transferring programs of the Alaska Energy Authority to the Department of Community and Regional Affairs; relating to the Alaska Energy Authority; permitting the Alaska Industrial Development and Export Authority to issue revenue bonds for certain plants or facilities for energy resources; permitting utilities to form joint action agencies; authorizing the Alaska Industrial Development and Export Authority to issue revenue bonds for power transmission interties; relating to rates for a public utility that sends or receives power over certain power transmission interties; relating to the power cost equalization and capital improvement fund; amending the purpose of the Railbelt energy fund." Chapter 18, SLA 1993 Effective Date: 8/11/93 SB 126 Message of May 13 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 126(FIN) "An Act making appropriations for grants and loans for hydroelectric projects including power transmission interties, to capitalize certain funds for energy grant and loan programs in the state, including the power cost equalization and rural electric capitalization fund, to the Department of Community and Regional Affairs for operating costs related to power projects and programs and to capitalize the Railbelt energy fund." Chapter 19, SLA 1993 Effective Date: 8/11/93 1993-07-22 Senate Journal Page 2366 SJR 31 Message of May 26 was received, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE JOINT RESOLUTION NO. 31 am H Relating to the minimum federal criteria for municipal solid waste landfills. Legislative Resolve No. 13 HJR 27 Message of May 26 was received, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE JOINT RESOLUTION NO. 27 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. Legislative Resolve No. 15 HCR 7 Message of May 26 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) Relating to Alcohol-Related Birth Defects Awareness Week. Legislative Resolve No. 16 HB 268 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1993-07-22 Senate Journal Page 2367 HB 268 HOUSE BILL NO. 268 am "An Act extending the termination date of the Board of Dispensing Opticians; and providing for an effective date." Chapter 20, SLA 1993 Effective Date: 5/27/93 HB 270 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 270 "An Act extending the termination date of the Board of Examiners in Optometry; and providing for an effective date." Chapter 21, SLA 1993 Effective Date: 6/30/93 HB 271 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 271 "An Act extending the termination date of the Board of Public Accountancy; and providing for an effective date." Chapter 22, SLA 1993 Effective Date: 6/30/93 HB 272 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1993-07-22 Senate Journal Page 2368 HB 272 HOUSE BILL NO. 272 "An Act extending the termination date of the Board of Chiropractic Examiners; and providing for an effective date." Chapter 23, SLA 1993 Effective Date: 6/30/93 HB 283 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 283 "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." Chapter 24, SLA 1993 Effective Date: 7/1/93 HB 284 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 284 "An Act extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date." Chapter 25, SLA 1993 Effective Date: 7/1/93 SB 149 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1993-07-22 Senate Journal Page 2369 SB 149 HOUSE CS FOR CS FOR SENATE BILL NO. 149(JUD) "An Act revising the laws governing financial institutions and relating to trust companies, the Alaska Small Loans Act, and the Premium Financing Act; amending Alaska Rule of Criminal Procedure 17 and Alaska Rule of Civil Procedure 45(b); and providing for an effective date." Chapter 26, SLA 1993 Effective Date: 1/1/94 SB 171 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 171(FIN) "An Act relating to the contracting and financing authority of the Alaska Industrial Development and Export Authority; authorizing the authority to issue bonds in a principal amount not to exceed $40,000,000 to finance the acquisition, design, and construction of public use aircraft fueling facilities, to issue bonds in a principal amount not to exceed $50,000,000 to finance the acquisition, design, and construction of port facilities related to the development and operation of a direct reduction iron ore processing facility located at Point MacKenzie, and to issue bonds not to exceed $50,000,000 for an Anchorage seafood processing, storage, and loading project; delaying the termination date of the authority's business assistance program; and providing for an effective date." Chapter 27, SLA 1993 Effective Date: 5/27/93 1993-07-22 Senate Journal Page 2370 SB 162 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 162(FIN) "An Act relating to the implementation of the federal emergency unemployment compensation program; making changes relating to unemployment compensation under the extended benefits program and the supplemental state benefits program; and providing for an effective date." Chapter 28, SLA 1993 Effective Date: See Chapter HB 67 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 67 (FIN)(efd fld) "An Act relating to eligibility for and payments of public assistance." Chapter 29, SLA 1993 Effective Date: 8/24/93 HB 148 Message of May 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 148 "An Act exempting the University of Alaska from the administrative adjudication provisions of the Administrative Procedure Act; and providing for an effective date." Chapter 30, SLA 1993 Effective Date: 5/27/93 1993-07-22 Senate Journal Page 2371 HB 216 SENATE CS FOR CS FOR HOUSE BILL NO. 216(RLS) "An Act relating to power cost equalization; and providing for an effective date." Governor's veto letter dated May 26: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed SCS CSHB 216(RLS), an act relating to power cost equalization, and providing for an effective date. I am vetoing the bill not because I am against the changes made in the bill, but because I signed most of the changes into law on May 13, 1993, in HCS CSSB 106(FIN). Also, SCS CSHB 216(RLS) poses difficulties in that one section of it differs in a significant way from HCS CSSB 106(FIN). In SCS CSHB 216 (RLS), the minimum floor for power cost equalization (PCE) is 9.82 cents per kilowatt-hour, while HCS CSSB 106(FIN) sets the same floor at 9.5 cents. The practical effect of the difference is that if this bill were signed into law, effective July1, 1993 the minimum floor for PCE would be raised to 9.82 cents for approximately six weeks, and then would be lowered to 9.5 cents when HCS CSSB 106(FIN) takes effect in mid-August. The difference would likely cause difficulties for the state agency in administering the program and for public utilities in making billings using PCE. Because most of the changes in SCS CSHB 216(RLS) will take effect through HCS CSSB 106(FIN), and because of the potential for administrative errors and subsequent litigation if the minimum PCE floor changes in SCS CSHB 216(RLS) were to take effect, I believe that the veto of this bill is necessary. Sincerely, /s/ Walter J. Hickel Governor 1993-07-22 Senate Journal Page 2372 HB 152 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 152(JUD) "An Act relating to magistrate jurisdiction." Chapter 31, SLA 1993 Effective Date: 8/25/93 HB 209 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 209 "An Act relating to community health aide grants." Chapter 32, SLA 1993 Effective Date: 8/25/93 SB 198 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 198 "An Act exempting certain activities of the Department of Transportation and Public Facilities from the regulation provisions of the Administrative Procedure Act and allowing other procedures for those activities; and providing for an effective date." Chapter 33, SLA 1993 Effective Date: See Chapter SB 86 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1993-07-22 Senate Journal Page 2373 SB 86 SENATE BILL NO. 86 "An Act relating to funds transfers under the Uniform Commercial Code; changing Alaska Rule of Civil Procedure 82; and providing for an effective date." Chapter 34, SLA 1993 Effective Date: 1/1/94 SB 112 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 112(JUD) "An Act relating to the Uniform Commercial Code; amending Alaska Rules of Civil Procedure 8 and 82, and Alaska Rule of Evidence 402; and providing for an effective date." Chapter 35, SLA 1993 Effective Date: 1/1/94 SB 71 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(HES) "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies." Chapter 36, SLA 1993 Effective Date: 8/25/93 SB 129 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1993-07-22 Senate Journal Page 2374 SB 129 HOUSE CS FOR CS FOR SENATE BILL NO. 129(STA) "An Act relating to state procurement; and providing for an effective date." Chapter 37, SLA 1993 Effective Date: See Chapter SB 156 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 156 "An Act amending the definition of `municipality' for purposes of the human services community matching grant program." Chapter 38, SLA 1993 Effective Date: 8/25/93 SB 173 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 173(FIN) "An Act relating to health insurance for small employers; and providing for an effective date." Chapter 39, SLA 1993 Effective Date: See Chapter HB 64 Message of May 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1993-07-22 Senate Journal Page 2375 HB 64 CS FOR HOUSE BILL NO. 64(FIN) "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; and providing for an effective date." Chapter 40, SLA 1993 Effective Date: 5/28/93 SB 165 Governor's transmittal letter dated June 1: Dear President Halford: On this date I have signed, with line item vetoes (and reductions), the following bill and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR SENATE BILL NO. 165 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." Chapter 41, SLA 1993 Effective Date: See Chapter I approved funding for nearly all of the appropriations in this legislation. The fiscal year 1993 supplemental appropriations are less than $40 million, an amount far less than the levels required in recent years. I commend the departments and Legislature for keeping current year expenditures in check. 1993-07-22 Senate Journal Page 2376 SB 165 The three vetoes I have made are: Section 56. This section repealed a 1992 appropriation of federal funding for the upgrade of Fireweed Lane in Anchorage. The project has been designed and construction is set for this fall. Should the project have been halted now, it would have required the repayment of $400,000 to the federal government. The project has the support of the Municipality of Anchorage and accordingly, I have vetoed the repeal of the project's funding; Section 68: Funding from two of this section's prior year appropriations is unavailable. As a result, only $136,000 is available. Accordingly, I have vetoed the $50,000 to the Alaska Energy Authority for the Snettisham Acquisition. This action will enable all of the available funding to go to construction of the Gambell school water line. Other funding for the Snettisham acquisition is provided in section 150; and Section 147: This section duplicates the reappropriation in section 31. Sincerely, /s/ Walter J. Hickel Governor HB 98 Message of June 1 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 98 "An Act naming the Black Veterans Recognition Bridge on the Alaska Highway over the Gerstle River." Chapter 42, SLA 1993 Effective Date: 8/30/93 1993-07-22 Senate Journal Page 2377 HB 102 Message of June 1 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date." Chapter 43, SLA 1993 Effective Date: 7/1/93 HB 133 Message of June 1 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 133 "An Act amending the definition of `value' for purposes of administration of fisheries taxes; and providing for an effective date." Chapter 44, SLA 1993 Effective Date: 1/1/94 HB 158 Message of June 1 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 158(L&C) "An Act making appropriations for contract settlement costs and cost-of-living adjustments for public employees who are members of certain collective bargaining units; and providing for an effective date." Chapter 45, SLA 1993 Effective Date: 6/2/93 1993-07-22 Senate Journal Page 2378 HB 151 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 151(FIN) "An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date." Chapter 46, SLA 1993 Effective Date: 6/4/93 SB 145 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 145(STA) am "An Act establishing the position of state medical examiner; and relating to preparation of death certificates." Chapter 47, SLA 1993 Effective Date: 9/1/93 HB 93 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 93 (CRA) "An Act relating to the village public safety officers program." Chapter 48, SLA 1993 Effective Date: 9/1/93 1993-07-22 Senate Journal Page 2379 SB 49 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR SENATE BILL NO. 49(STA) am H "An Act relating to preelection reports; closing the two-day reporting gap in those reports; setting the date of February 15 for filing year-end campaign finance reports; and requiring reporting of zero year-end reports." Chapter 49, SLA 1993 Effective Date: 9/1/93 SB 84 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 84 am "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date." Chapter 50, SLA 1993 Effective Date: 7/1/93 SB 91 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(HES) 1993-07-22 Senate Journal Page 2380 SB 91 "An Act prohibiting unfair discrimination against direct-entry midwives who perform services within the scope of their certification; providing for coverage of midwife services under Medicaid; reordering the priority of optional services provided by the state under Medicaid; and providing for an effective date." Chapter 51, SLA 1993 Effective Date: 7/1/93 HB 213 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES)(efd fld) "An Act prohibiting the commissioner of natural resources from permanently classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations." Chapter 52, SLA 1993 Effective Date: 9/1/93 HB 116 Governor's transmittal letter dated June 3: Dear President Halford: I am allowing the following bill to become law without my signature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1993-07-22 Senate Journal Page 2381 HB 116 CS FOR HOUSE BILL NO. 116(FIN)(title am) "An Act amending the manner of determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date." Chapter 53, SLA 1993 Effective Date: See Chapter It has been and continues to be one of my highest priorities to assure that the state's oil and gas lessees pay their full royalty and severance tax obligations to the state so that all of Alaska's citizens benefit from those shared resources. It was for that reason that I pursued what some regarded as a controversial course of insisting that the federal government collect additional royalties which we believe were owed from lessees in Cook Inlet, even though the cost of those additional royalties would eventually be passed on to Chugach Electric consumers in the Anchorage area. It was a difficult decision, but under the law as it existed, I felt I had no alternative but to act on behalf of all Alaskans who would have benefitted by virtue of the state's receiving 90 percent of those royalties. House Bill 116 represents the Legislature's decision to amend that law to remove the financial uncertainty to which Chugach Electric customers were subject pending final resolution of our appeal to the federal government that it properly manage its royalty obligations to the state. I steadfastly maintained neutrality during the Legislature's deliberations of this bill. On balance, because the legislation has very narrowly focused on accepting lower royalty values for sales to public utilities which directly benefit Alaska consumers, I believe the legislation should not be vetoed. On the other hand, I do not want to send conflicting signals that the state will not pursue vigorously 1993-07-22 Senate Journal Page 2382 HB 116 its full royalty and tax entitlements from such a valuable nonrecurring resource. The Legislature has seen fit to carve out a narrow exception to this general policy, and I will not disagree with that decision. However, in recognition of the inevitable policy tension which this bill reflects, I have decided to allow House Bill 116 to become law without my signature. Sincerely, /s/ Walter J. Hickel Governor HB 252 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 252(FIN) "An Act amending the Commercial Fishing Loan Act to authorize refinancing of existing loans made under that Act." Chapter 54, SLA 1993 Effective Date: 9/1/93 HB 275 Message of June 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) am S "An Act relating to the Alaska Seafood Marketing Institute and a salmon marketing tax; and providing for an effective date." Chapter 55, SLA 1993 Effective Date: See Chapter 1993-07-22 Senate Journal Page 2383 HB 196 Message of June 7 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war." Chapter 56, SLA 1993 Effective Date: 9/5/93 SB 97 Message of June 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 97(FIN) am H "An Act relating to enhanced 911 emergency reporting systems; and providing for an effective date." Chapter 57, SLA 1993 Effective Date: See Chapter HB 236 Governor's transmittal letter dated June 11: Dear Mr. President: I am allowing the following bill to become law without my signature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 236(RLS) am S "An Act relating to notices for the sale of certain real property." Chapter 58, SLA 1993 Effective Date: 9/9/93 1993-07-22 Senate Journal Page 2384 HB 236 The goal of this bill is to establish clear standards for determining the definition "newspapers of general circulation" for notices of sale on execution of property. While I have concerns that the minimum standards in that definition may not always be appropriate, I believe redefining "newspapers of general circulation" for the purpose of foreclosure notices will provide more targeted notification to interested parties, more cost effective alternatives, and greater competition. The bill sets a minimum "total paid circulation or paid distribution of at least 500 copies, or 10 percent of the total population of the judicial district, whichever is less." I have some concern as to whether 500 is the appropriate level. It may prove to be too low; however, remedial legislation could be proposed to rectify the situation after a reasonable pilot period, should the public raise concerns in this regard. I would have preferred review language or the original 3000 copy circulation threshold. I believe the advantages represented by this legislation outweigh mymy concerns. Therefore, I have decided to allow CSHB 236(RLS) am S to become law without my signature. Sincerely, /s/ Walter J. Hickel Governor HB 136 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 136(FIN) "An Act relating to revocation of and limitations on a driver's license; to the offenses of driving while intoxicated and refusal to submit to a breath test; imposing a limited license fee; amending Alaska Rule of Civil Procedure 32(b); and providing for an effective date." 1993-07-22 Senate Journal Page 2385 HB 136 Chapter 59, SLA 1993 Effective Date: 7/1/93 HB 113 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 113(FIN) "An Act regulating the solicitation of contributions by charitable organizations and paid solicitors and the solicitation of sales by telephonic means; and amending Alaska Rules of Civil Procedure 79 and 82." Chapter 60, SLA 1993 Effective Date: 9/16/93 HB 187 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 187(FIN) am "An Act authorizing the interception of private communications related to the commission of certain criminal offenses; relating to pen registers, trap devices, and communications in electronic storage; amending statutes relating to eavesdropping and wiretapping; relating to the penalty for violation of statutes relating to eavesdropping and unauthorized interception, publication, or use of private communications; and providing for an effective date." Chapter 61, SLA 1993 Effective Date: 7/1/93 1993-07-22 Senate Journal Page 2386 HB 293 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 293(FIN) "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault." Chapter 62, SLA 1993 Effective Date: 9/16/93 SB 99 Message of June 22 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) am H "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." 1993-07-22 Senate Journal Page 2387 SB 99 Chapter 63, SLA 1993 Effective Date: See Chapter HB 81 Message of June 22 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) "An Act relating to the longevity bonus program." Chapter 64, SLA 1993 Effective Date: 9/20/93 HB 55 Governor's transmittal letter dated June 23: Dear Mr. President: On this date I have signed the following bill and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 55 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." Chapter 65, SLA 1993 Effective Date: 7/1/93 The Fiscal Year 1994 operating budget has been signed into law without veto or reduction of the appropriations, other than vetoes that were necessary because the underlying bills will not become law as a result of the 1993 session. While some Alaskans will be disappointed I did not exercise the Governor's power to further reduce the budget, it is important to note: 1993-07-22 Senate Journal Page 2388 HB 55 *The Fiscal Year 1994 general fund budget for agency operations has been reduced 4.2 percent. When you add inflation to the cost of providing services, agencies have been reduced nearly 8 percent. *The growth in the Fiscal Year 1994 budget for formula-driven programs has been held to 3.7 percent. The challenge to state agencies will be to continue providing Alaskans with the quality and level of services they have come to expect--but with less dollars to pay for them. At the same time, it is important Alaskans realize less is being spent on government. This continues the trend I began when I came into office. From Fiscal Year 1991 to Fiscal Year 1994, the operating budget has been reduced nearly 13 percent in real dollars. One of the greatest contributions of this legislative session is slowing the runaway growth of the operating budget's formula-driven programs. For too long, these programs have been considered off limits and little effort has been made to control these automatic year- to-year increases. But this session, the Legislature stepped up to the plate. It made tough choices. It made the kind of landmark decisions in passing legislation I introduced that will have tremendous long-term impact. I applaud them for their courage. Sincerely, /s/ Walter J. Hickel Governor HCR 20 Message of June 24 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 20 Establishing a task force on schools on military bases. 1993-07-22 Senate Journal Page 2389 HCR 20 Legislative Resolve No. 17 HCR 19 Message of June 24 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the sale of state royalty gas. Legislative Resolve No. 18 HB 211 Message of June 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 211 am S "An Act relating to the municipal tax exemption for inventories intended for export." Chapter 66, SLA 1993 Effective Date: 9/22/93 HB 264 Message of June 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 264(FIN) "An Act levying and providing for the collection of and disposition of the proceeds of a fishery resource landing tax; and providing for an effective date." Chapter 67, SLA 1993 Effective Date: 1/1/94 1993-07-22 Senate Journal Page 2390 SB 142 Message of June 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; and providing for an effective date." Chapter 68, SLA 1993 Effective Date: 7/1/93 HB 126 Message of June 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 "An Act establishing the current prevailing rate of wages issued at least 10 days before the final submission of bids as the prevailing wage rate for public construction projects and requiring periodic adjustment of the wage rate." Chapter 69, SLA 1993 Effective Date: 9/22/93 HB 168 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 168(FIN) am 1993-07-22 Senate Journal Page 2391 HB 168 "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of a member in charge; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; relating to the distribution of pull-tabs from one distributor to another distributor; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an 1993-07-22 Senate Journal Page 2392 HB 168 adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." Chapter 70, SLA 1993 Effective Date: See Chapter HB 181 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 181 am "An Act relating to the state's right to appeal in criminal cases; relating to sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; and providing for an effective date." Chapter 71, SLA 1993 Effective Date: 6/26/93 SB 51 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 51 am H "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles." 1993-07-22 Senate Journal Page 2393 SB 51 Chapter 72, SLA 1993 Effective Date: 9/23/93 HB 97 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 97 "An Act clarifying the responsibilities of the Department of Health and Social Services and parents for children who are committed to the custody of the department and are placed by the department with the parents; and providing for an effective date." Chapter 73, SLA 1993 Effective Date: See Chapter HB 167 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) am S "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date." Chapter 74, SLA 1993 Effective Date: See Chapter HB 171 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1993-07-22 Senate Journal Page 2394 HB 171 CS FOR HOUSE BILL NO. 171(FIN) "An Act providing coverage for hospice care under the Medicaid program; reordering the priorities given to optional services under the Medicaid program; and providing for an effective date." Chapter 75, SLA 1993 Effective Date: 1/1/94 HB 178 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 178(HES) "An Act adding children under the age of 21 who are eligible for adoption assistance because of special needs to the optional Medicaid coverage list and revising the order of priority in which groups eligible for optional Medicaid coverage are eliminated; and providing for an effective date." Chapter 76, SLA 1993 Effective Date: See Chapter HB 235 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 235(HES) "An Act relating to educational programs and services for children with disabilities and other exceptional children and to persons with a handicap; and providing for an effective date." Chapter 77, SLA 1993 Effective Date: 6/30/93 1993-07-22 Senate Journal Page 2395 SB 7 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 7(FIN) am H "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of school construction and major maintenance; creating a major maintenance grant fund; relating to reimbursement of school construction debt, and to school construction bonds issued by the Alaska Municipal Bond Bank Authority; creating an education facilities maintenance and construction fund; and providing for an effective date." Chapter 78, SLA 1993 Effective Date: See Chapter HB 112 Governor's veto letter dated June 25: Dear Mr. President: Under the authority of Article II, Section 15, of the Alaska Constitution, I have vetoed: HOUSE BILL NO. 112 am S "An Act relating to limited partnerships; and providing for an effective date." I am vetoing the bill, not because I do not approve of the majority of the changes it would have made, but because it contains a minor but potentially harmful deviation (in Section 18) from the model uniform act upon which the bill is substantially based. The language of Section 18 was included in the bill because of a concern that current law might be too restrictive of the circumstances under which a court might order dissolution of a limited partnership. 1993-07-22 Senate Journal Page 2396 HB 112 I have been advised by the Department of Law that this new provision is somewhat vague, and presents the potential for unnecessary litigation and possibly other undesired results. Under current law, a court may dissolve a limited partnership only if "it is not reasonably practicable to carry on the business" of the partnership. AS32.11.380. Section 18 of the bill gives the court potentially broader authority to dissolve a limited partnership, in "an equitable way," upon application by any partner. This provision, however, has other possible (and probably unintended) ramifications. For example, the provision could make limited partnerships less attractive as a tax-planning or estate- planning vehicle. The section could also affect the desirability of limited partnerships as investment vehicles. While I approve of the major portions of the bill, unfortunately, I must veto this bill because of the potential undesirable impact of Section 18. This Administration is available to work with the Legislature to resolve the problems posed by the language of this section. With best regards. Sincerely, /s/ Walter J. Hickel Governor SB 183 Governor's transmittal letter dated June 28: Dear Mr. President: On this date I have signed the following bill with line item vetoes and reductions, 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. 183(FIN) 1993-07-22 Senate Journal Page 2397 SB 183 "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; making appropriations for capital project matching grant funds; making appropriations for capital projects; making an appropriation to pay judgment, interest, and attorney fees for Frontier Flying Service v. Turpin; and providing for an effective date." Chapter No. 79, SLA 1993 Effective Date: See Chapter The Fiscal Year 1994 capital budget passed by the Legislature funds many diverse projects important in the everyday lives of Alaskans. These range from providing safe water and sewer systems and building infrastructure important in the economic future of communities, to improving local senior centers. After a careful review of these projects, I have vetoed $10,185,200; of this amount, $8,185,200 are general funds. Of special note is the $20 million in funding for the first year of the capital matching grants program, one of my administration's highest priorities. I have always believed people at the local level know best what projects and programs their community needs. This is the underlying principle on which the capital matching grants program is based. The ability to get state funds to meet local needs should not hinge on whether a community's legislator is in a powerful position. My first year as Governor I pledged to change this process and we have come a long way. When it comes to political spending in the capital budget, it is no longer business as usual: my first year the Legislature spent $160 million in "discretionary" funding; my second year $100 million; and this year it will be $80 million. Next year my goal is to build on this progress and get the capital budget process even further away from one governed by political rewards. Instead, I will do all I can to put more dollars into the capital matching grants program so local communities can make these important decisions. 1993-07-22 Senate Journal Page 2398 SB 183 The following addresses several of the vetoes and reductions I have made in the capital budget: Business Industrial Development Corporation Capitalization (BIDCO) Funding was reduced to $1 million from $3 million in Science and Technology Endowment earnings. This action does not reflect my lack of support for the BIDCO program. Instead, it is the result of a careful review of projected earnings which shows insufficient earnings to support the original appropriation level. For the Fiscal Year 1995 capital budget, I will reassess projected earnings and appropriations and consider a request for further funding for the BIDCO program. Mineral Lease Appraisal, Goodnews Bay $100,000 This appropriation may be viewed as the first step toward encouraging a state buy-out of offshore prospecting permits issued for exploration of tracts of submerged land in the area adjacent to Goodnews Bay. Because the concept of buying out properly granted prospecting rights is not good public policy, and is not in the state's interest, I vetoed this item. Lower Kuskokwim School District, Subsurface Water Treatment $4,716,000 Given the priority this Administration places on meeting the water and sewer needs of rural Alaska, this veto was a difficult decision. Many water and sewer appropriations for projects in smaller communities are the responsibility of the Department of Environmental Conservation (DEC). DEC has done a commendable job in developing systems that not only meet a community's needs, but systems the residents can afford to operate and maintain. Often this involves a delicate process of balancing the needs of all users in a community--whether it be the residents, businesses or a school district. 1993-07-22 Senate Journal Page 2399 SB 183 This last point was of special concern with this appropriation. The funds were appropriated to the school district and not DEC. I was concerned this balance of user needs would not take place, and as a result, I made the difficult decision to veto the funds. I have asked DEC to continue to work closely with these communities and the school district in the hope of ensuring coordinated solutions. Mental Health Beneficiaries Grants I vetoed a series of appropriations and allocations the Legislature designated to specific programs that provide services to beneficiaries of the mental health trust. Once again, this action was not due to a lack of support for these projects or the good work these programs do. Instead, it reflects my continued belief that whenever possible, funding decisions should be the result of a selection criteria based on a project's merit, and not a process based on politics (I made a similar veto in last year's capital budget). The Fiscal Year 1994 capital budget includes over $5.5 million for competitively awarded grants to programs for projects such as those vetoed. A systematic grant process is a better process, and I anticipate many of these same projects will meet the program's criteria and will ultimately be funded. Yakutat Wastewater and Water System Design and Construction $899,800 I have reduced funding for this project by 50 percent, to $499,900. Yakutat formed a home rule borough in September 1992. As a result, the community's new status makes it ineligible for a grant under the statutory criteria of the Village Safe Water program. Instead, water and sewer project funding is subject to the provisions of the Department of Environmental Conservation's 50 percent municipal matching grants program. Accordingly, I reduced this appropriation to the 50 percent level. 1993-07-22 Senate Journal Page 2400 SB 183 Section 21 of the legislation appropriated the $80 million in the Legislature's discretionary spending. In reviewing these projects, I was pleased with the increased emphasis communities and organizations have placed on sharing in a project's cost. In spite of this trend, I found a few projects to be lower in priority for state dollars or that other programs exist through which funding is likely to be made available. O'Malley Golf Course Pathway Construction and Preventive Maintenance $70,100 While I appreciate the enjoyment playing golf may bring, I had to draw the line at what is a state responsibility--paths for golf carts is not one of them. Mid-Town Recreation Center Design $250,000 In reviewing projects such as this, I looked to the probability construction dollars would be available after the project was designed. While a neighborhood recreation center may be popular with local residents, I found no indication the community would be able to provide construction funding. In addition, another recreation center is within blocks of the new center's proposed location. University of Alaska, Fairbanks, Develop Virus Free Potatoes for Export $151,600 Over the years the capital budget has financed many good ideas and this project may certainly be another one which merits state support. However, more recently the Legislature has established an endowment to provide funding to support research such as this which has marketing potential. With many needs competing for limited state dollars, it is important the capital budget process not be used to circumvent programs designed to ensure a return on the state's investment. Valdez Fisheries Development Association, Salmon Behavior Studies $90,000 As with the above project, it is important to first maximize other fund sources that may be available. 1993-07-22 Senate Journal Page 2401 SB 183 It is my understanding this project is similar in nature to work the Trustee Council funds from the Exxon Valdez civil settlement, and I encourage the organization to apply to the council. Sincerely, /s/ Walter J. Hickel Governor HB 124 Message of July 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) am S "An Act establishing capital project matching grant programs for municipalities and unincorporated communities; and providing for an effective date." Chapter 80, SLA 1993 Effective Date: 7/7/93 HB 217 Message of July 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 217(JUD) "An Act relating to Native corporation dividends and other distributions due to minors in the custody of a state." Chapter 81, SLA 1993 Effective Date: 10/4/93 HB 225 Message of July 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1993-07-22 Senate Journal Page 2402 HB 225 HOUSE BILL NO. 225 "An Act relating to notice of certain appropriations from the dividend fund." Chapter 82, SLA 1993 Effective Date: 10/4/93 SB 60 Governor's transmittal letter dated July 16: Dear Mr. President: On this date I have signed the following bill with line item vetoes 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. 60(FIN) am H "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; and providing for an effective date." Chapter No. 83, SLA 1993 Effective Date: 7/17/93 There is no greater commitment a state and its people can share than their dedication to its future. This legislation is a landmark in showing the priority we all share in ensuring our young Alaskans have safe and adequate schools in their future. This legislation is the first appropriation from the educational facilities maintenance and construction fund established by the Eighteenth State Legislature. It took courage for the Legislature to recognize the previous education funding program was not effective in meeting the housing and maintenance needs of our K-12 schools. The Legislature not only met this challenge by establishing a new program and appropriating necessary construction funding, but it has 1993-07-22 Senate Journal Page 2403 SB 60 also put in place a program that will help stimulate our economy for several years by providing needed jobs for Alaskans. I congratulate the Legislature and am proud to sign most of this bill's appropriations into law. As passed by the Legislature, the bill appropriated $173,235,574 for K-12 schools. It also includes $20,239,600 for the University of Alaska that will begin finally to meet its dramatic maintenance backlog. I am, however, vetoing two items from the bill, reducing K-12 total appropriation to $169,866,000: Pedro Bay School Replacement $2,303,294 While I appreciate local legislative interest in replacing this school, I have vetoed the project's funding. This was not an easy decision. My first concern was to ensure that the school's children were safe from serious site contamination. The Department of Environmental Conservation's evaluation finds the school's contamination is a lower priority when compared to other priorities around the state. Given it appears the children's health is not in jeopardy, I looked to the priority local officials placed on replacing the school. Local borough officials indicated the new school is not one of their priorities nor was it included in the local school district's six-year plan submitted to the Department of Education. While these facts alone represent a solid case for my veto, my overriding concern is that when it comes to meeting the education needs of our children, Alaska must get the process away from power politics. Clear priorities based on need--and not power--must be the basis for these important funding decisions. For all of these reasons, I have vetoed this appropriation. The funding will remain in the fund and continue to be available for schools in which a higher need exists. Additional District Support $1,066,280 Section 4 of the legislation appropriated additional funding for nine single-site school districts. Its enactment was contingent upon the Eighteenth Legislature's failure to pass another appropriation for this same purpose. Because the FY 94 operating budget (Chapter 65, SLA 93) includes this same appropriation per the Legislature's intent, I have vetoed this section. 1993-07-22 Senate Journal Page 2404 SB 60 My commitment to the future of our children does not end with the signing of this legislation. I look forward to working with the Legislature and school districts throughout our great state in making further investment in our future. Sincerely, /s/ Walter J. Hickel Governor UNFINISHED BUSINESS SB 165 Message dated May 13 from Rosemary Kimlinger, Enrolling Secretary, was received stating: In accordance with Rule 43 of the Uniform Rules, I am reporting a manifest error of omission in a floor amendment that was offered and adopted in the Senate as Amendment No. 2 to CCS SB 165 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." The following correction has been made: On page 26, line 28, after "and" Insert "sec. 4, ch. 24, SLA 1984, page 57, line 7, as amended by" Delete "page 46, line 15" 1993-07-22 Senate Journal Page 2405 INDEX TO VETOED AND PARTIALLY VETOED BILLS TITLE ACTION PAGE SB 60 HOUSE CS FOR CS FOR Partial 2407 SENATE BILL NO. 60(FIN) Veto am H "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; and providing for an effective date." SB 165 CONFERENCE CS FOR SENATE Partial 2375 BILL NO. 165 Veto "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." SB 183 HOUSE CS FOR CS FOR Partial 2400 SENATE BILL NO. 183(FIN) Veto "An Act making special approp- riations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; making appropriations for capital project matching grant funds; making appropriations for capital projects; making an appropriation to pay judgment, interest, and attorney 1993-07-22 Senate Journal Page 2406 SB 183 fees for Frontier Flying Service v. Turpin; and providing for an effective date." HB 55 CONFERENCE CS FOR HOUSE Partial 2388 BILL NO. 55 Veto "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." HB 112 HOUSE BILL NO. 112 am S Veto 2400 "An Act relating to limited partnerships; and providing for an effective date." HB 216 SENATE CS FOR CS FOR Veto 2371 HOUSE BILL NO. 216(RLS) "An Act relating to power cost equalization; and providing for an effective date." INDEX TO LAW WITHOUT SIGNATURE BILLS TITLE ACTION PAGE HB 116 CS FOR HOUSE BILL Law 2380 NO. 116(FIN)(title am) Without "An Act amending the manner of Signature determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a 1993-07-22 Senate Journal Page 2407 HB 116 lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date." HB 236 CS FOR HOUSE BILL NO. 236(RLS) Law 2383 am S Without "An Act relating to notices for the Signature sale of certain real property." This final supplement of the Senate Journal completes the official record of the First Session of the Eighteenth Legislature. Nancy Quinto Secretary of the Senate July 1993