Legislature(1995 - 1996)
1996-10-16 Senate Journal
Full Journal pdf1996-10-16 Senate Journal Page 4333 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE SECOND SESSION and FIRST SPECIAL SESSION Juneau, Alaska Wednesday FINAL SUPPLEMENT CERTIFICATION As Secretary of the Senate, I wish to certify as to the correctness of the journals for the one hundred twenty-first legislative day of the Second Session and the thirtieth legislative day of the First Special Session of the Nineteenth State Legislature and Senate Journal Supplement Nos. 14 and 15. MESSAGES FROM THE HOUSE SB 259 Message of May 6 was received, stating the House passed and returned: CS FOR SENATE BILL NO. 259(HES) An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 283 Message of May 6 was received, stating the House passed and returned: 4333 1996-10-16 Senate Journal Page 4334 SB 283 CS FOR SENATE BILL NO. 283(RLS) An Act relating to filing, recording, and indexing of documents with or by the Department of Natural Resources; repealing certain filing requirements concerning property involving nonresident aliens; and providing for an effective date. The bill was referred to the Secretary for enrollment. SCR 32 Message of May 7 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 32 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 109, relating to telephone solicitations, advertisements, and directory listings. The resolution was referred to the Secretary for enrollment. SCR 33 Message of May 7 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 33 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 20, relating to unfunded federal mandates and the Conference of the States. The resolution was referred to the Secretary for enrollment. SCR 34 Message of May 7 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 34 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 372, relating to liquor licenses. 1996-10-16 Senate Journal Page 4335 SCR 34 The resolution was referred to the Secretary for enrollment. SCR 35 Message of May 7 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 35 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 405, relating to optometrists and dispensing opticians. The resolution was referred to the Secretary for enrollment. SB 43 Message of May 7 was received, stating the House passed and returned: CS FOR SENATE BILL NO. 43(L&C) An Act relating to registration by the Board of Registration for Architects, Engineers, and Land Surveyors; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; and amending the definition of `practice of land surveying.' The bill was referred to the Secretary for enrollment. SB 253 Message of May 7 was received, stating the House passed and returned: CS FOR SENATE BILL NO. 253(FIN) An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection. The bill was referred to the Secretary for enrollment. SB 257 Message of May 7 was received, stating the House passed and returned: 1996-10-16 Senate Journal Page 4336 SB 257 SENATE BILL NO. 257 am An Act relating to the taking of game or fish for public safety purposes. The bill was referred to the Secretary for enrollment. HB 412 Message dated May 7 was received, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering CS FOR HOUSE BILL NO. 412(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 412(FIN) am S(brf fld S), thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 412(brf fld) 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. The Senate adopted the Conference Committee report on May 7. HB 413 Message dated May 7 was received, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering CS FOR HOUSE BILL NO. 413(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 413(FIN), thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 413 An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. The Senate adopted the Conference Committee report on May 7. HB 548 Message of May 7 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 548(WTR), thus adopting: 1996-10-16 Senate Journal Page 4337 HB 548 SENATE CS FOR CS FOR HOUSE BILL NO. 548(FIN) am S An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date. COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: State of Alaska, Board of Parole, 1995 Annual Report to the Governor and the Alaska Legislature, June 1996 from Alonzo B. Patterson, Jr., Chairman in accordance with AS 33.16.060 Public Decisions Issued by the Committee, Volume III, and Advisory Opinions Rendered by the Committee, Volume XIX, September 16, 1995 - June 1, 1996 from Margie Mac Neille, Chair Select Committee on Legislative Ethics in accordance with AS 24.60.150(a)(2) Healy Clean Coal Project, Financial Plan from William Snell, Executive Director Alaska Industrial Development and Export Authority in accordance with AS 44.88.173 Disclosure letters were received in accordance with AS 24.60 and have been published in Senate Journal Supplement No. 14. 1996-10-16 Senate Journal Page 4338 ENROLLMENT SJR 37 SENATE JOINT RESOLUTION NO. 37 Urging the United States Congress to give an affirmative expression of approval to a policy authorizing the state to regulate, restrict, or prohibit the export of unprocessed logs harvested from its land and from the land of its political subdivisions and the University of Alaska, 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 3:20 p.m. on May 9, 1996. SB 86 HOUSE CS FOR CS FOR SENATE BILL NO. 86(FIN) An Act relating to issuance of commemorative gold rush motor vehicle license plates; 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 3:20 p.m. on May 9, 1996. SB 198 HOUSE CS FOR CS FOR SENATE BILL NO. 198(RES) An Act establishing the Homer Airport Critical Habitat Area 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 3:20 p.m. on May 9, 1996. SB 261 SENATE BILL NO. 261 An Act relating to the release of employment security records; relating to an injunction or an employer's security for delinquent unemployment insurance contributions; extending time periods for redeterminations and appeals for unemployment insurance; relating to the overpayment or the redetermination of unemployment insurance benefits; relating to availability for work, seeking work, and the calculation of wages for unemployment insurance purposes; relating to voluntary federal tax withholding from unemployment insurance benefits; relating to the binding effect of unemployment compensation decisions; relating to the definition of `waiting week' for employment security purposes; 1996-10-16 Senate Journal Page 4339 SB 261 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 3:20 p.m. on May 9, 1996. SB 268 CS FOR SENATE BILL NO. 268(JUD) am An Act relating to release before trial in cases involving alcohol, controlled substances, imitation controlled substances, stalking, or domestic violence 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 3:20 p.m. on May 9, 1996. SB 274 HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) An Act relating to the noise levels of airports and sport shooting facilities 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 3:20 p.m. on May 9, 1996. SB 296 HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) An Act requiring criminal background checks before certain persons may be employed in a nursing home or assisted living facility; and prohibiting the hiring or retention of certain nursing home and assisted living facility employees convicted of specified offenses 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 3:20 p.m. on May 9, 1996. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 3 was received, reporting the following manifest error of omission to HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) that has been corrected in enrolling: Page 2, line 2, following position,: Insert a 1996-10-16 Senate Journal Page 4340 SB 310 CS FOR SENATE BILL NO. 310(STA) An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; 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 3:20 p.m. on May 9, 1996. SJR 5 CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 5(RLS) Supporting an amendment to the Constitution of the United States establishing the rights of victims of crimes, 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 3:05 p.m. on May 10, 1996. SB 158 HOUSE CS FOR CS FOR SENATE BILL NO. 158(HES) An Act relating to pharmacists and pharmacies 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 3:05 p.m. on May 10, 1996. SB 226 HOUSE CS FOR CS FOR SENATE BILL NO. 226(FIN) am H An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; amending the effective date in sec. 7, ch. 56, SLA 1995; 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 3:05 p.m. on May 10, 1996. 1996-10-16 Senate Journal Page 4341 SB 6 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6 An Act relating to suspension of a drivers license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses 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 5:20 p.m. on May 14, 1996. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 13 was received, reporting the following manifest error in 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6 that has been corrected in enrolling: Page 1, line 9: Delete that SB 162 CS FOR SENATE BILL NO. 162(FIN) An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that are inconsistent with the amendments made by this Act 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 5:20 p.m. on May 14, 1996. SB 181 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height and to penalties for violations related to outdoor advertising 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 5:20 p.m. on May 14, 1996. 1996-10-16 Senate Journal Page 4342 SB 191 HOUSE CS FOR CS FOR SENATE BILL NO. 191(FIN) am H An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; 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 5:20 p.m. on May 14, 1996. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 13 was received, reporting the following manifest errors in HOUSE CS FOR CS FOR SENATE BILL NO. 191(FIN) am H that have been corrected in enrolling: Page 5, line 27: Delete opposes, opposing, in opposition to, or against, Insert opposes, opposing, in opposition to, or against Page 17, line 10: Delete treasurers and insert treasurer Page 21, line 14: Delete subsection and insert section Page 22, line 20: Following newspaper insert , Page 26, line 17: Delete to influence and insert of influencing Page 28, line 13: Following announcement insert , Page 28, line 15: Following group insert , Page 28, line 19: Following poster insert ; 1996-10-16 Senate Journal Page 4343 SCR 24 CS FOR SENATE CONCURRENT RESOLUTION NO. 24(RES) Relating to a division of game in the Alaska Department of Fish and Game and to management of game, 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 5:45 p.m. on May 14, 1996. SCR 32 SENATE CONCURRENT RESOLUTION NO. 32 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 109, relating to telephone solicitations, advertisements, and directory listings, 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 5:45 p.m. on May 14, 1996. SCR 33 SENATE CONCURRENT RESOLUTION NO. 33 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 20, relating to unfunded federal mandates and the Conference of the States, 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 5:45 p.m. on May 14, 1996. SCR 34 SENATE CONCURRENT RESOLUTION NO. 34 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 372, relating to liquor licenses, 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 5:45 p.m. on May 14, 1996. SCR 35 SENATE CONCURRENT RESOLUTION NO. 35 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 405, relating to optometrists and dispensing opticians, 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 5:45 p.m. on May 14, 1996. 1996-10-16 Senate Journal Page 4344 SJR 31 CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) am H(reengrossed) Proposing an amendment to the Constitution of the State of Alaska relating to approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act. 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 5:45 p.m. on May 14, 1996. SB 232 HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) am H An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals 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 5:45 p.m. on May 14, 1996. SB 278 SENATE BILL NO. 278 An Act relating to the authority of the Department of Natural Resources to allow credits against fees at state historical parks 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 5:45 p.m. on May 14, 1996. SB 303 CS FOR SENATE BILL NO. 303(FIN) An Act relating to management of the budget reserve 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 5:45 p.m. on May 14, 1996. SB 320 SENATE BILL NO. 320 An Act increasing the number of superior court judges designated for the Third Judicial District to provide an additional superior court judge at Dillingham 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 5:45 p.m. on May 14, 1996. 1996-10-16 Senate Journal Page 4345 SB 165 HOUSE CS FOR CS FOR SENATE BILL NO. 165(HES) An Act relating to psychologists and psychological associates 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 3:45 p.m. on May 20, 1996. SB 186 CS FOR SENATE BILL NO. 186(L&C) An Act relating to partnerships; 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 3:45 p.m. on May 20, 1996. SB 193 CS FOR SENATE BILL NO. 193(L&C) An Act requiring insurance coverage for certain costs of birth; 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 3:45 p.m. on May 20, 1996. SB 250 HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) am H An Act relating to the University of Alaska and to assets of the University of Alaska; authorizing the University of Alaska to select additional state public domain land, designating that land as `university trust land,' and describing the principles applicable to the land's management and the development of its resources; and defining the net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation 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 3:45 p.m. on May 20, 1996. 1996-10-16 Senate Journal Page 4346 SB 112 HOUSE CS FOR CS FOR SENATE BILL NO. 112(FIN) An Act establishing a discovery royalty credit for the lessees of state land drilling exploratory wells and making the first discovery of oil or gas in an oil or gas pool in the Cook Inlet sedimentary basin 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 5:15 p.m. on May 20, 1996. SB 257 SENATE BILL NO. 257 am An Act relating to the taking of game or fish for public safety purposes 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 5:15 p.m. on May 20, 1996. SB 263 CS FOR SENATE BILL NO. 263(JUD) am H An Act relating to copyright licensing and royalties; 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 5:15 p.m. on May 20, 1996. SB 264 CS FOR SENATE BILL NO. 264(JUD) An Act limiting the authority of courts to suspend the imposition of sentence in criminal cases 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 5:15 p.m. on May 20, 1996. SB 301 CS FOR SENATE BILL NO. 301(FIN) am H An Act relating to postsecondary education; 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 5:15 p.m. on May 20, 1996. 1996-10-16 Senate Journal Page 4347 SB 301 Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 9 was received, reporting the following manifest error in CS FOR SENATE BILL NO. 301(FIN) am H that has been corrected in enrolling: Page 14, line 14: Delete scholarship SCR 21 SENATE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 292, relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters, 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 8:30 a.m. on May 28, 1996. SB 159 CS FOR SENATE BILL NO. 159(HES) am An Act relating to advance directives for mental health treatment 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 8:30 a.m. on May 28, 1996. SB 194 CS FOR SENATE BILL NO. 194(JUD) An Act relating to offenses associated with criminal street gangs, and to sentencing for those offenses; relating to the offenses of murder in the second degree, an unclassified felony, misconduct involving weapons in the first degree, a class A felony, and misconduct involving weapons in the third degree, a class C felony; and amending Rule 702(a), Alaska Rules of Evidence; 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 8:30 a.m. on May 28, 1996. 1996-10-16 Senate Journal Page 4348 SB 211 HOUSE CS FOR CS FOR SENATE BILL NO. 211(JUD) An Act relating to sexual assault and sexual abuse; and relating to endangering the welfare of vulnerable adults 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 8:30 a.m. on May 28, 1996. SB 304 CS FOR SENATE BILL NO. 304(RLS) am An Act relating to the permanent disqualification of certain individuals who have been absent from the state for payments under the longevity bonus program; relating to unpaid sabbaticals under the longevity bonus program; 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 8:30 a.m. on May 28, 1996. SB 321 HOUSE CS FOR SENATE BILL NO. 321(JUD) An Act relating to incompetency to stand trial 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 8:30 a.m. on May 28, 1996. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 6 was received, reporting the following manifest error of omission in HOUSE CS FOR SENATE BILL NO. 321(JUD) that has been corrected in enrolling: Page 3, line 14: Following believes is Insert in SB 177 HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) am H An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries 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 2:10 p.m. on June 3, 1996. 1996-10-16 Senate Journal Page 4349 SB 42 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; 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 11:55 a.m. on June 4, 1996. SB 89 HOUSE CS FOR CS FOR SENATE BILL NO. 89(FIN) An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation 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 11:55 a.m. on June 4, 1996. SB 230 CONFERENCE CS FOR SENATE BILL NO. 230 An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park 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 11:55 a.m. on June 4, 1996. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 14 was received, reporting the following manifest errors in CONFERENCE CS FOR SENATE BILL NO. 230 that have been corrected in enrolling: Page 5, line 30: Delete cord and insert chord Page 6, line 22: Following 401.56 insert feet 1996-10-16 Senate Journal Page 4350 SB 316 SENATE BILL NO. 316(title am) An Act changing the term `disability' to `health' in the context of insurance coverage 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 11:55 a.m. on June 4, 1996. SB 43 CS FOR SENATE BILL NO. 43(L&C) An Act relating to registration by the Board of Registration for Architects, Engineers, and Land Surveyors; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; and amending the definition of `practice of land surveying' 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 11:50 a.m. on June 6, 1996. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 16 was received, reporting the following manifest error in CS FOR SENATE BILL NO. 43(L&C) that has been corrected in enrolling: Page 2, line 30: Delete the physical and applied related sciences, Insert the related physical and applied sciences, SB 98 HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H An Act making changes related to the aid to families with dependent children program (AFDC); relating to the duties of the Department of Health and Social Services; establishing a workfare pilot project for AFDC recipients; establishing a diversion program for AFDC applicants; directing the Department of Health and Social Services to seek waivers of applicable federal laws; establishing and relating to the Alaska temporary assistance program and repealing the AFDC and job opportunity and basic skills programs upon the establishment of federal welfare reform; relating to work activities required under the Alaska temporary assistance program; authorizing qualified entities to contract with the state to administer all or part of the Alaska temporary assistance program; relating to child support; relating to certain licenses and applications for a license for persons 1996-10-16 Senate Journal Page 4351 SB 98 who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the State Procurement Code for certain services and contracts under the Alaska temporary assistance program; relating to disclosure of information that relates to the Alaska temporary assistance program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; amending Rule 90.3(c) and (h)(2), Alaska Rules of Civil Procedure; 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 11:50 a.m. on June 6, 1996. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 16 was received, reporting the following manifest errors in HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H that have been corrected in enrolling: Page 11, line 18 and page 18, line 8: Delete paragraph and insert subsection Page 38, line 10: Following AS 46.03.375; insert and Page 38, lines 13 and 14: Delete all material. This corrects an engrossing error. See House Journal, page 4402, Amendment No. 7. Page 50, line 9: Delete ; and insert . SB 289 HOUSE CS FOR CS FOR SENATE BILL NO. 289(FIN) am H An Act relating to runaways, other minors, and their families or legal custodians 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 11:50 a.m. on June 6, 1996. 1996-10-16 Senate Journal Page 4352 SB 201 CS FOR SENATE BILL NO. 201(FIN) An Act relating to the employment of emergency fire-fighting personnel by the commissioner of natural resources 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 2:10 p.m. on June 7, 1996. SB 253 CS FOR SENATE BILL NO. 253(FIN) An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection 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 2:10 p.m. on June 7, 1996. SB 256 HOUSE CS FOR SENATE BILL NO. 256(CRA) An Act relating to the offices of mayor and mayor pro tempore of a second class city 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 2:10 p.m. on June 7, 1996. SB 180 HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) An Act authorizing the commissioner of natural resources to negotiate and enter into timber sale contracts that provide for local manufacture of high value-added wood products; and establishing an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development 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 8:15 a.m. on June 14, 1996. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 10 was received, reporting the following manifest errors in HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) that have been corrected in enrolling: Page 2, line 15: Delete shall and insert must 1996-10-16 Senate Journal Page 4353 SB 180 Page 5, line 2: Following marketing insert , SB 229 CS FOR SENATE BILL NO. 229(L&C) An Act relating to employment contributions, to the calculation of unemployment insurance benefits, and to the state training and employment program; 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 8:15 a.m. on June 14, 1996. SB 244 HOUSE CS FOR CS FOR SENATE BILL NO. 244(FIN) am H An Act relating to transportation of public school students; relating to school construction grants; relating to state foundation aid and supplementary state aid for education; 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 8:15 a.m. on June 14, 1996. SB 259 CS FOR SENATE BILL NO. 259(HES) An Act extending the termination date of the Alaska Commission on Aging; 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 8:15 a.m. on June 14, 1996. SB 283 CS FOR SENATE BILL NO. 283(RLS) An Act relating to filing, recording, and indexing of documents with or by the Department of Natural Resources; repealing certain filing requirements concerning property involving nonresident aliens; 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 8:15 a.m. on June 14, 1996. 1996-10-16 Senate Journal Page 4354 SB 136 HOUSE CS FOR 2d CS FOR SENATE BILL NO. 136(FIN)am H(brf sup maj fld H)(efd fld S) An Act making, amending, and repealing appropriations 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 11:25 a.m. on June 17, 1996. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 14 was received, reporting the following manifest errors in HOUSE CS FOR 2d CS FOR SENATE BILL NO. 136(FIN)am H(brf sup maj fld H)(efd fld S) An Act making, amending, and repealing appropriations have been corrected in enrolling: Page 11, line 30: Following maintenance insert ; Page 19, lines 15 and 21: Delete back-up and insert backup Page 28, lines 10, 12, and 15: Delete subsection and insert section Page 30, line 3: Following Tuluksak insert , SB 1003 CS FOR SENATE BILL NO. 1003(FIN) am An Act relating to public employee compensation, benefits, and labor relations; relating to salaries and cost-of-living differentials for certain state employees, and to salary surveys and preparation of an annual pay schedule regarding certain state employees; relating to retirement of and early retirement incentives for certain public employees; relating to pay and benefit programs for public employees; 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 11:25 a.m. on June 17, 1996. 1996-10-16 Senate Journal Page 4355 SB 1003 Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated June 10 was received, reporting the following manifest errors in CS FOR SENATE BILL NO. 1003(FIN) am that have been corrected in enrolling. The following errors resulted when references to separation incentive, in a previous version of the bill, were not deleted when that provision was deleted from the bill: Page 8, line 5; page 18 lines 15 and 16: Delete and separation Page 18, lines 20 - 22: Delete or until an agreement is executed with the commissioner of administration to participate in the separation incentive program under sec. 22 - 35 of this Act Page 18, line 22: Delete either and insert an Page 18, line 24: Delete or with the commissioner of administration The following clerical and typographical errors have been corrected: Page 18, line 26: Delete of and insert for Page 19, line 2: Following to insert the Page 19, line 16: Delete and and insert an Page 20, line 14: Delete agreement 1996-10-16 Senate Journal Page 4356 SB 1003 The following deficiency was discovered in review prior to enrolling: Section 38(a) and sec. 39 of the bill are nearly identical and both address a one-time salary increase of 5.2 percent of the employees base salary as of June 30, 1996. SB 1005 CS FOR SENATE BILL NO. 1005(FIN) am An Act making and amending appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; providing for an effective date for versions of HB 412 and SB 136 that were passed by the Nineteenth Alaska State Legislature; 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 11:25 a.m. on June 17, 1996. SB 1010 CS FOR SENATE BILL NO. 1010(L&C) am An Act relating to vehicle records and hearings of the Department of Public Safety; increasing the period under which a person may drive a motor vehicle under a temporary permit; relating to ownership of certain abandoned vehicles; relating to suspension or revocation of a vehicle registration, certificate of registration, registration plate, or special permit; relating to renewal of a driver's license by mail; relating to procedures applicable to administrative revocation of a driver's license; relating to commercial driver training schools; increasing the property damage amounts for financial responsibility laws related to vehicles and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; amending the definitions of `commercial motor vehicle' and `commercial purposes'; relating to prohibitions against operation of a commercial motor vehicle and being on duty to operate a commercial motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to vehicle registration procedures; 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 11:25 a.m. on June 17, 1996. 1996-10-16 Senate Journal Page 4357 MESSAGES FROM THE GOVERNOR Message of March 11 was received, stating the Governor transmitted the following original executive orders that were not disapproved by the Second Session of the Nineteenth Alaska State Legislature to the Lieutenant Governors Office for permanent filing: EXECUTIVE ORDER NO. 93 Transferring the responsibility for the Alaska regional economic assistance program from the Department of Commerce and Economic Development to the Department of Community and Regional Affairs. EXECUTIVE ORDER NO. 94 Transferring the functions and duties of the division of international trade to the Department of Commerce and Economic Development. EXECUTIVE ORDER NO. 96 Transferring the responsibility for the administration of the Alaska childrens trust to a new Alaska Childrens Trust Board in the Office of the Governor to be dedicated to that trust obligation. SJR 38 Message of May 9 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE JOINT RESOLUTION NO. 38 Opposing the proposed expansion of the United States Environmental Protection Agency's toxics release inventory program. Legislative Resolve No. 50 HJR 52 Message of May 9 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4358 HJR 52 CS FOR HOUSE JOINT RESOLUTION NO. 52(JUD) am Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. Legislative Resolve No. 54 HJR 65 Message of May 9 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE JOINT RESOLUTION NO. 65 Relating to proposed Federal Aviation Administration regulations establishing crew member flight time limitations. Legislative Resolve No. 55 HCR 27 Message of May 9 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 27 am Relating to prevention of teenage pregnancy by implementation of the Sugar Baby project. Legislative Resolve No. 56 HJR 59 Message of May 9 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4359 HJR 59 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 59(RES) Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations identified in the Agency's draft permit and, consistent with the philosophy of the Agency's 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the Cook Inlet National Pollutant Discharge Elimination System permit in place. Legislative Resolve No. 58 HJR 60 Message of May 9 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) Relating to Revised Statute 2477 rights-of-way. Legislative Resolve No. 59 HJR 58 Message of May 9 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 58(RES) Relating to reauthorization and reform of the Endangered Species Act. Legislative Resolve No. 60 1996-10-16 Senate Journal Page 4360 SB 241 Message of May 9 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE BILL NO. 241 An Act relating to the use of studded tires on the Sterling Highway. Chapter 22, SLA 1996 Effective Date: 8/7/96 HB 231 Message of May 9 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 231 An Act relating to the interview requirements of the State Medical Board. Chapter 23, SLA 1996 Effective Date: 8/7/96 HB 392 Message of May 9 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 392 am An Act relating to the reinstatement of dissolved Native village corporations, and to the affirmative vote necessary to amend the articles of incorporation of Native village corporations to authorize the classification of directors. Chapter 24, SLA 1996 Effective Date: 8/7/96 1996-10-16 Senate Journal Page 4361 HB 311 Message of May 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 311(JUD) am S An Act relating to the hours a person may be employed in a mine; and requiring that workers be paid for certain time worked in a mine; and providing for an effective date. Chapter 25, SLA 1996 Effective Date: 5/11/96 SB 163 Message of May 14 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 163(FIN)(title am) An Act approving the University of Alaska's plans to enter into long-term obligations with the Alaska Housing Finance Corporation to borrow money from the corporation for the construction of new student housing facilities on the Anchorage campus, and authorizing the Alaska Housing Finance Corporation to issue its debt obligations and to make loans to the University of Alaska to finance construction of those student housing facilities; and providing for an effective date. Chapter 26, SLA 1996 Effective Date: 5/15/96 SB 240 Message of May 14 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4362 SB 240 SENATE BILL NO. 240 An Act relating to the statewide bonding pool for the reclamation activities imposed on mining operations, and extending the pool's use to surface coal mining projects. Chapter 27, SLA 1996 Effective Date: 8/12/96 SB 168 Message of May 14 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE BILL NO. 168 An Act relating to financial institutions. Chapter 28, SLA 1996 Effective Date: 8/12/96 SB 305 Message of May 15 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 305(L&C) An Act relating to the regulation of accountants; and amending the effective date for sec. 6, ch. 62, SLA 1991. Chapter 29, SLA 1996 Effective Date: 8/13/96 SB 310 Message of May 15 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4363 SB 310 CS FOR SENATE BILL NO. 310(STA) An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date. Chapter 30, SLA 1996 Effective Date: 5/16/96 HB 465 Message of May 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 465(RLS) am S An Act relating to employment of teachers and school administrators and to public school collective bargaining; and providing for an effective date. Chapter 31, SLA 1996 Effective Date: See Chapter HB 466 Message of May 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 466(FIN) An Act establishing the Adak Reuse Authority. Chapter 32, SLA 1996 Effective Date: 8/16/96 HB 335 Message of May 22 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4364 HB 335 SENATE CS FOR CS FOR HOUSE BILL NO. 335(FIN) An Act relating to big game guides and transporters; and providing for an effective date. Chapter 33, SLA 1996 Effective Date: 5/23/96 HB 284 Message of May 22 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 284(FIN) am S An Act relating to the Alaska Commercial Fishing and Agriculture Bank. Chapter 34, SLA 1996 Effective Date: 8/20/96 SB 296 Message of May 22 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) An Act requiring criminal background checks before certain persons may be employed in a nursing home or assisted living facility; and prohibiting the hiring or retention of certain nursing home and assisted living facility employees convicted of specified offenses. Chapter 35, SLA 1996 Effective Date: 8/20/96 1996-10-16 Senate Journal Page 4365 SB 307 Message of May 22 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 307(FIN) An Act requiring the Department of Natural Resources to exchange with the federal government state land within, and adjoining, Dude Creek Critical Habitat Area for federal land adjacent to Fall Creek; and providing for an effective date. Chapter 36, SLA 1996 Effective Date: See Chapter HB 459 Message of May 23 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 459(JUD) am An Act relating to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests. While this Administration applauds innovation and imaginative efforts to attract business opportunities, I am concerned that the potential benefits of this bill are outweighed by its inadvertent consequences to the people of Alaska. Therefore, I find it necessary to veto this bill. This legislation would make a dramatic change in our trust laws and policy. In fact, these changes to Alaska law would make this the only state to espouse such public policy. The bill raises many questions and concerns which require a level of consideration and analysis that, frankly, was not received with just one hearing before each body of the Legislature. 1996-10-16 Senate Journal Page 4366 HB 459 Specifically, one of the chief concerns I have about this bill is that it would shift the burden of proving intent to defraud onto creditors, spouses, and children of the settlor. Currently, if one transfers assets into a trust of which the settlor is a beneficiary, the trust is void as to present or future creditors. Under the terms of this bill, the burden of proof is shifted so that a creditor or a spouse in a divorce setting would have to litigate to prove the settlors fraudulent intent before the trust assets could be invaded to meet those interests. Another important concern is the bills provision that a trust cannot be set aside on the grounds it defeats an interest conferred by a marital or similar relationship. Thus, a settlor could disinherit his or her spouse. Upon the settlors death, the spouse would be unable to obtain the normal elective share (usually one-third) of the estate. The same would be true for surviving children who would be unable to reach these assets in payment of child support arrears. This provision contradicts the legislatures action on another bill passed this year updating Alaskas probate code. I realize this trust law is meant to mirror laws common in some offshore jurisdictions, such as Bermuda and the Cayman Islands. However, parts of this bill, particularly the provision to prevent the spousal elective share of a trust, go even further than the offshore trust laws. There may be aspects of this proposal that could benefit Alaskas economy by attracting financial investments without harming the public good. I would welcome further work in this area with the understanding that any future changes in our trust laws undergo thorough scrutiny and public hearings. Sincerely, /s/ Tony Knowles Governor Governor's veto sustained on June 6 (page 4323). 1996-10-16 Senate Journal Page 4367 SB 268 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 268(JUD) am An Act relating to release before trial in cases involving alcohol, controlled substances, imitation controlled substances, stalking, or domestic violence. Chapter 37, SLA 1996 Effective Date: 8/21/96 SB 86 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 86(FIN) An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date. Chapter 38, SLA 1996 Effective Date: See Chapter SB 198 Message of May 23 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 198(RES) An Act establishing the Homer Airport Critical Habitat Area. Chapter 39, SLA 1996 Effective Date: 8/21/96 1996-10-16 Senate Journal Page 4368 SB 274 Message of May 24 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS SENATE BILL NO. 274(TRA) An Act relating to the noise levels of airports and sport shooting facilities. Under this bill, the state would usurp a control that has traditionally belonged to municipal authorities--local nuisance regulation. Our local authorities can offer appropriate safeguards for regulating noise and other potential neighborhood nuisances through their assemblies, mayoral offices, and planning and zoning commissions. As the Alaska Municipal League notes in its statement of opposition to this bill, the state should not be restricting enforcement of municipal ordinances. I am also concerned this bill passed the Legislature without adequate public scrutiny. In checking with several municipalities, it is apparent local governments and residents had little knowledge of its effects. I have now received several letters of concern and requests to not permit this bill to become law. It is important that we include local governments in any future considerations. Sincerely, /s/ Tony Knowles Governor Governor's veto sustained on June 6 (page 4324). HJR 61 Message of May 24 was received, stating the Governor transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4369 HJR 61 HOUSE JOINT RESOLUTION NO. 61 Opposing the proposed changes in the functions of the federal Office of Veterans Affairs in Anchorage. Legislative Resolve No. 64 SB 320 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE BILL NO. 320 An Act increasing the number of superior court judges designated for the Third Judicial District to provide an additional superior court judge at Dillingham. Chapter 40, SLA 1996 Effective Date: 8/22/96 SB 303 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 303(FIN) An Act relating to management of the budget reserve fund; and providing for an effective date. Chapter 41, SLA 1996 Effective Date: 7/1/96 SB 278 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4370 SB 278 SENATE BILL NO. 278 An Act relating to the authority of the Department of Natural Resources to allow credits against fees at state historical parks. Chapter 42, SLA 1996 Effective Date: 8/22/96 SB 261 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE BILL NO. 261 An Act relating to the release of employment security records; relating to an injunction or an employer's security for delinquent unemployment insurance contributions; extending time periods for redeterminations and appeals for unemployment insurance; relating to the overpayment or the redetermination of unemployment insurance benefits; relating to availability for work, seeking work, and the calculation of wages for unemployment insurance purposes; relating to voluntary federal tax withholding from unemployment insurance benefits; relating to the binding effect of unemployment compensation decisions; relating to the definition of `waiting week' for employment security purposes; and providing for an effective date. Chapter 43, SLA 1996 Effective Date: 7/01/96 SB 226 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4371 SB 226 HOUSE CS FOR CS FOR SENATE BILL NO. 226(FIN) am H An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; amending the effective date in sec. 7, ch. 56, SLA 1995; and providing for an effective date. Chapter 44, SLA 1996 Effective Date: See Chapter SB 158 Message of May 24 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 158(HES) An Act relating to pharmacists and pharmacies. Chapter No. 45, SLA 1996 Effective Date: 8/22/96 SJR 37 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: SENATE JOINT RESOLUTION NO. 37 Urging the United States Congress to give an affirmative expression of approval to a policy authorizing the state to regulate, restrict, or prohibit the export of unprocessed logs harvested from its land and from the land of its political subdivisions and the University of Alaska. Legislative Resolve No. 52 1996-10-16 Senate Journal Page 4372 SCR 24 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: CS FOR SENATE CONCURRENT RESOLUTION NO. 24(RES) Relating to a division of game in the Alaska Department of Fish and Game and to management of game. Legislative Resolve No. 57 SJR 5 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 5(RLS) Supporting an amendment to the Constitution of the United States establishing the rights of victims of crimes. Legislative Resolve No. 62 SJR 31 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) am H(reengrossed) Proposing an amendment to the Constitution of the State of Alaska relating to approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act. Legislative Resolve No. 63 1996-10-16 Senate Journal Page 4373 HCR 25 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 25 am Declaring May 15, 1996, 381st Intelligence Squadron Logistics Division Day. Legislative Resolve No. 65 SCR 34 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 34 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 372, relating to liquor licenses. Legislative Resolve No. 66 SCR 33 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 33 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 20, relating to unfunded federal mandates and the Conference of the States. Legislative Resolve No. 67 SCR 32 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4374 SCR 32 SENATE CONCURRENT RESOLUTION NO. 32 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 109, relating to telephone solicitations, advertisements, and directory listings. Legislative Resolve No. 68 SCR 35 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 35 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 405, relating to optometrists and dispensing opticians. Legislative Resolve No. 69 HJR 20 Message of May 29 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 20(STA) Urging the Congress of the United States to pass S. 1629, the Tenth Amendment Enforcement Act of 1996. Legislative Resolve No. 70 SB 232 Message of May 29 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4375 SB 232 HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) am H An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals. Chapter 46, SLA 1996 Effective Date: 8/7/96 SB 6 Message of May 29 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6 An Act relating to suspension of a drivers license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. Chapter 47, SLA 1996 Effective Date: 8/27/96 SB 162 Message of May 30 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: 1996-10-16 Senate Journal Page 4376 SB 162 CS FOR SENATE BILL NO. 162(FIN) "An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that are inconsistent with the amendments made by this Act" This bill would dramatically change the way in which the state conveys and protects its interests in agricultural development on state lands. In my view, the changes made by the bill are not improvements in state law to help ensure that Alaska has a viable agricultural industry now and in the future. Under the bill, a current owner of an agricultural interest in state land could receive title in fee simple subject to a covenant by complying with certain requirements specified in the bill. The bill though does not require the purchaser to pay any additional compensation to the state for the extra interests in the land. We need to consider carefully whether this is an appropriate use of state resources. While I am sympathetic to claims by some farmers that their financing options are restricted by the current land interests, I am convinced that the state's best interests are not best served by this bill. Under current law, the state is able to ensure the retention of land for agricultural purposes by its right to terminate a purchasers interest in the land if the land is used for non-agricultural purposes. This bill would remove that possibility. Under the bill, the state would assume the substantial burden of proving non-compliance with the restrictive covenant on the land and would be limited to costly and possibly ineffective means of preventing a purchaser from using the land for non-agricultural purposes. The specific remedies available to the state are unclear under the bill. 1996-10-16 Senate Journal Page 4377 SB 162 I am aware that other states have experienced the problems that this bill would likely create. Some other states and the federal government are now buying back development rights in land held by farmers that was purchased under government programs. It would be against the State of Alaskas interest to put itself in such a position. I support finding ways to help farmers finance legitimate, productive agricultural endeavors. This bill, however, opens the door to problems and costs that do not serve the public interest. In the long run this bill likely will hurt the agricultural industry and therefore those very people that the legislature intended it to help. Sincerely, /s/ Tony Knowles Governor Governor's veto overriden on June 6 (page 4323). SB 181 Message of May 30 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height and to penalties for violations related to outdoor advertising. Alaska needs to be responsive to our growing visitor industry by providing adequate highway directions for tourist services, but we must also continue to protect what visitors and residents alike expect -- spectacular, unblemished scenery. We have been able to maintain our uncluttered landscape by having one of the strictest outdoor advertising laws in the country. I do not intend to compromise this 1996-10-16 Senate Journal Page 4378 SB 181 important standard. I believe we can offer adequate tourist directions on our highways while maintaining our envious natural beauty under our current highway signage program. The state Department of Transportation and Public Facilities now has a policy in place to permit directional signs along highways within the state right-of-way. Dozens of businesses have already taken advantage of the program. I believe the right-of-way is the appropriate location for any highway directional signs. Expanding it beyond that limit, as this bill proposes, leads us down a path that Alaska has wisely avoided for decades. Especially troubling in this bill is the provision that would diminish the penalty for signs that violate state regulations. If anything, we want to keep those penalties as severe as reasonable so we can expect a high level of compliance. The surest way to see a highway cluttered with illegal billboards is to make the penalty so mild that the infraction is worth the risk as just another cost of doing business. The current penalty is not too severe and does serve as a deterrence. At the same time that I veto this bill, I am directing the Department of Transportation and Public Facilities to head up a task force that includes our Division of Tourism and the visitor industry to develop a positive approach in developing regulations toward fulfilling our directional signage needs. Sincerely, /s/ Tony Knowles Governor Governor's veto sustained on June 6 (page 4326). SB 191 Message of May 30 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4379 SB 191 HOUSE CS FOR CS FOR SENATE BILL NO. 191(FIN) am H An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date. Chapter 48, SLA 1996 Effective Date: See Chapter SB 193 Message of May 31 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 193(L&C) An Act requiring insurance coverage for certain costs of birth; and providing for an effective date. Chapter No. 49, SLA 1996 Effective Date: 6/1/96 SCR 21 Message of June 4 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 292, relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters. Legislative Resolve No. 61 1996-10-16 Senate Journal Page 4380 SB 263 Message of June 4 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 263(JUD) am H An Act relating to copyright licensing and royalties; and providing for an effective date. Chapter 50, SLA 1996 Effective Date: 7/1/96 HJR 66 Message of June 6 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: HOUSE JOINT RESOLUTION NO. 66 am Relating to opposing the American Heritage Areas Program. Legislative Resolve No. 71 HCR 38 Message of June 6 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 38 Relating to state control of the management of the region surrounding the Fortymile River and its drainage. Legislative Resolve No. 72 HCR 26 Message of June 6 was received, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4381 HCR 26 CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(FIN) am Relating to creation of the Public Inebriate Task Force. Legislative Resolve No. 73 SB 165 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 165(HES) An Act relating to psychologists and psychological associates. Chapter 51, SLA 1996 Effective Date: 9/4/96 SB 186 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 186(L&C) An Act relating to partnerships; and providing for an effective date. Chapter No. 52, SLA 1996 Effective Date: See Chapter SB 112 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4382 SB 112 HOUSE CS FOR CS FOR SENATE BILL NO. 112(FIN) An Act establishing a discovery royalty credit for the lessees of state land drilling exploratory wells and making the first discovery of oil or gas in an oil or gas pool in the Cook Inlet sedimentary basin. Chapter No. 53, SLA 1996 Effective Date: 9/4/96 SB 257 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE BILL NO. 257 am An Act relating to the taking of game or fish for public safety purposes. Chapter No. 54, SLA 1996 Effective Date: 9/4/96 SB 264 Message of June 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 264(JUD) An Act limiting the authority of courts to suspend the imposition of sentence in criminal cases. Chapter No. 55, SLA 1996 Effective Date: 9/4/96 1996-10-16 Senate Journal Page 4383 SB 250 Message of June 6 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) am H An Act relating to the University of Alaska and to assets of the University of Alaska; authorizing the University of Alaska to select additional state public domain land, designating that land as `university trust land,' and describing the principles applicable to the land's management and the development of its resources; and defining the net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation. The bill provides for the selection and transfer of 350,000 acres of state land to the University of Alaska. Since Statehood, the University has sought to obtain more land to raise revenue to support the University system. During Governor Egans administration a similar bill was passed by the legislature and subsequently vetoed by Governor Egan. He believed that the act would substantially complicate management of state lands and would be both inefficient and confusing to the public. In 1994 the legislature again passed a bill, SB 16, that was similar in nature to the bill Governor Egan vetoed. I vetoed Senate Bill 16 and am vetoing SB 250 for many of the same reasons that prompted Governor Egan early in statehood. Although the legislature attempted during the 1996 legislative session to address the problems my administration identified regarding SB 250, there remain several technical and philosophical concerns which have led me to veto this most recent land transfer bill. The most compelling of those concerns are: 1996-10-16 Senate Journal Page 4384 SB 250 the bill fails to prohibit the conveyance of oil and gas lands to the University. It would be imprudent to transfer those lands that contribute to the well-being of all Alaskans to a discrete entity thereby reducing the general funds available to support basic state services; the bill would constrain future municipalities in their land selections; the land base of Alaska will be further segmented by splitting management with another public entity causing conflicts between land owners and users; the uncertainty of the process for evaluating future development proposals under this legislation has led several groups including mining interests, Native organizations, local governments and sport fishing and environmental groups to have serious concerns with this bill; the public process regarding land use and resolution of land disputes is uncertain; and, the University would not be subject to the states area-wide plans and land classifications in its use of lands, nor would it be subject to local land-use plans such as district coastal management plans in the use and disposal of lands. These plans were developed based on extensive resource analysis and public input and they ensure that state lands will be managed in the public interest. These are among the many concerns that have compelled me to veto this legislation. I do not believe state land transfers to the University is in the best interest of the citizens of the State of Alaska. Sincerely, /s/ Tony Knowles Governor 1996-10-16 Senate Journal Page 4385 SB 301 Message of June 6 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR SENATE BILL NO. 301(FIN) am H An Act relating to postsecondary education; and providing for an effective date. I am disappointed to have to veto this bill because it contained a number of excellent provisions that would enhance the viability of the Alaska student loan program. Many of these ideas originated in my Executive Order No. 97, which was disapproved by the legislature. While I am pleased that the legislature agrees with me that reform is needed in this program, the bill does not meet my basic goals of streamlining program administration to improve efficiency and accountability. The bill retains both the existing Alaska Commission on Postsecondary Education and the existing Alaska Student Loan Corporation. The bill moves the Alaska Commission on Postsecondary Education to the Department of Education, leaving an unnecessary commission for the Department of Education to administer. Maintaining a separate commission as required by the bill, rather than transferring the functions to the State Board of Education, is costly and burdensome to the state and does not serve a legitimate public purpose. As a result, I find that I must veto this bill. Apparently the only purpose of assigning a dual role to the members of the Corporations board and the Commission is to obtain confirmation of the members of the Corporations board. I find this approach particularly objectionable because the Corporations board members would not otherwise be subject to confirmation under the Alaska Constitution. The desire for legislative confirmation of a board is not adequate justification for maintaining an unnecessary board, and is an inappropriate effort to limit a governors power of appointment. 1996-10-16 Senate Journal Page 4386 SB 301 I commit the time and energies of the executive branch to work toward a legislative solution, similar to that contained in my Executive Order No. 97. Our postsecondary education program provides resources for many Alaskans to obtain essential skills to meet marketplace demands today and for the twenty-first century. We must meet this challenge. Sincerely, /s/ Tony Knowles Governor HB 22 Message of June 6 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 22(FIN) An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions. This bill would have required every principal department of the executive branch, the judicial branch, and the University of Alaska to develop annually a long-term plan covering six years. The plan would impose responsibilities on the Office of Management and Budget (OMB) to work with one of the two other branches of government on its long-term plan and to compile a final, single long- term plan for the executive and judicial branches. I am a firm advocate of long range planning, as evidenced by my work on a safe landing plan for closing the budget gap and development of multi-year plans for corrections, welfare reform and other key issues. We are now expanding this work to include all executive branch agencies. 1996-10-16 Senate Journal Page 4387 HB 22 I believe this bill is duplicative of requirements already being met by executive branch agencies. By requiring submittal of agency plans to the Legislative Budget and Audit Committee prior to presentation in the Governors budget, this bill confuses the lines of responsibility in the executive branch and crosses over well- established roles between the executive and legislative branches. Therefore, I have exercised my authority to veto this bill. Sincerely, /s/ Tony Knowles Governor SB 316 Message of June 11 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE BILL NO. 316(title am) An Act changing the term `disability' to `health' in the context of insurance coverage. Chapter No. 56, SLA 1996 Effective Date: 9/9/96 SB 42 Message of June 11 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; and providing for an effective date. 1996-10-16 Senate Journal Page 4388 SB 42 Chapter No. 57, SLA 1996 Effective Date: 6/12/96 SB 304 Message of June 11 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 304(RLS) am An Act relating to the permanent disqualification of certain individuals who have been absent from the state for payments under the longevity bonus program; relating to unpaid sabbaticals under the longevity bonus program; and providing for an effective date. Chapter No. 58, SLA 1996 Effective Date: See Chapter HB 387 Message of June 12 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387(JUD) An Act rearranging existing provisions of AS 47.10 into chapters separately addressing the topics of children in need of aid, delinquent minors, and the institutions, facilities, and management, administration, and oversight of programs relating to minors, and conforming references and making other conforming changes due to that rearrangement; amending the manner of determining support obligations for children in need of aid and delinquent minors; amending the purpose of delinquency provisions; amending hearing procedures used in delinquency proceedings; amending provisions relating to enforcement of a restitution order entered against a minor; setting out the considerations to be given by a court in making its dispositional orders for minors adjudicated delinquent; authorizing municipalities to establish curfews for minors by ordinance; relating to enforcement of truancy under the compulsory school attendance law; and amending Rule 23(d), Alaska Delinquency Rules. 1996-10-16 Senate Journal Page 4389 HB 387 Chapter No. 59, SLA 1996 Effective Date: 9/10/96 SB 194 Message of June 12 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 194(JUD) An Act relating to offenses associated with criminal street gangs, and to sentencing for those offenses; relating to the offenses of murder in the second degree, an unclassified felony, misconduct involving weapons in the first degree, a class A felony, and misconduct involving weapons in the third degree, a class C felony; and amending Rule 702(a), Alaska Rules of Evidence; and providing for an effective date. Chapter No. 60, SLA 1996 Effective Date: 9/1/96 SB 211 Message of June 12 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 211(JUD) An Act relating to sexual assault and sexual abuse; and relating to endangering the welfare of vulnerable adults. Chapter No. 61, SLA 1996 Effective Date: 9/10/96 1996-10-16 Senate Journal Page 4390 SB 321 Message of June 12 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR SENATE BILL NO. 321(JUD) An Act relating to incompetency to stand trial. Chapter No. 62, SLA 1996 Effective Date: 9/10/96 SB 89 Message of June 14 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 89(FIN) An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation. I have taken this action out of a strongly held belief that the trustees of the Alaska Permanent Fund Corporation must be answerable to Alaskans for the decisions they make in managing over $18 billion of public money. This bill, among other things, would change existing law by making trustees removable only for very specific causes. Under existing law, the board serves at the pleasure of the governor and must answer to the governor for management decisions. The governor, in turn, must answer to the voters for the governors stewardship of the Alaska Permanent Fund. It is in this very basic way that the Alaska Permanent Fund Corporation will remain responsive to the will of the people. Sincerely, /s/ Tony Knowles Governor 1996-10-16 Senate Journal Page 4391 HB 158 Message of June 14 was received, stating: Dear President Pearce: 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. 158(RLS) am S(ct rls fld S) An Act relating to civil actions. I agree with many Alaskans that meaningful reform of Alaskas civil justice system is necessary. The system should be more efficient yet just, and we should reduce frivolous litigation while preserving the ability of innocent victims to be compensated for injuries caused by others. Alaska businesses are faced with the risk of excessive lawsuit awards, high liability insurance rates and the threat of settlement or costly litigation. These costs ultimately are passed on to Alaska consumers. I believe we can improve the system while protecting the rights of all Alaskans. Unfortunately, this bill does not fairly and reasonably address these problems. During this years legislative session, some good concepts for reforming our civil justice system were discussed, including reasonable limits on punitive damages, cutting back on frivolous lawsuits, insurance rate reductions and mediation to encourage early settlement of suits. Few of those concepts survived in this bill in a form that improves the situation. Instead, the current version was hastily rewritten in the dead of night and subject to little public review. When problems were identified by my Administration and others, they were ignored. As a result, this bill falls far short of the mark of meaningful and responsible tort reform. It is extreme, seriously flawed and fails to implement these positive aspects of tort reform in a reasonable way. In fact, in some cases, this bill makes problems worse by increasing litigation expenses, lengthening the litigation process and clouding the rights of thousands of Alaskan families. A growing number of Alaskans from all walks of life -- fishermen, Native organizations, local governments, conservation groups -- oppose the bill. 1996-10-16 Senate Journal Page 4392 HB 158 I am vetoing this bill for three primary reasons: it was the product of a flawed public process, it dictates poor public policy, and it contains serious legal defects and constitutional problems. Flawed public process. Although the bill was the subject of many hearings, the Legislature chose to ignore the progress made during that process. Instead, the bill was largely rewritten by the Senate Rules Committee with little public notice or involvement. One result of that process, which supporters of the bill claim is unintentional, is dangerous and likely unconstitutional. This bill would retroactively preclude certain punitive damage awards to innocent victims, even after a jury has issued a verdict. In a case familiar to all Alaskans, I am advised this provision could jeopardize the rights of 30,000 Alaskans affected by the Exxon Valdez oil spill. No responsible public official can or should take that risk. Even legislative leaders recognized this flaw in the bill when, on the 28th day of the 30-day special session, they requested another opportunity to correct the bill. Poor public policy. The bill is littered with poor public policy provisions which complicate, instead of streamline, the civil justice system which increases the amount, cost and complexity of litigation and which limit the rights of innocent Alaskans to reasonable and just compensation for injuries caused by others. Certainly a key provision of any tort reform effort should be reduced insurance rates so individuals and businesses receive some relief from the high cost of insurance. Yet, there is no guarantee of reduced insurance rates resulting from this bill. Despite many efforts by my Administration and others to provide meaningful relief in liability insurance rates as part of this bill, the Legislature rejected them. Legal defects and constitutional problems. The bill contains contradictions, legal defects and provisions which are likely unconstitutional. For example, the statute of repose provision would prevent a suit being filed against a wrongdoer after 10 years, even if the injury did not occur until after this period of time. The Alaska Supreme Court has already indicated this provision may be unconstitutional. 1996-10-16 Senate Journal Page 4393 HB 158 The restrictions on expert testimony could prevent family doctors from testifying as experts about medical conditions of their long-term patients, a provision which is likely unconstitutional. The burden on injured workers to reimburse their employer for workers compensation benefits out of partial damages collected from another wrongdoer is unfair and unworkable. My Administration and others identified many of these problems and offered solutions, but they were ignored. Attached to this letter is a detailed analysis of HB 158. I remain ready to work with the Legislature and all affected Alaskans to develop a new bill through an open public process that achieves fairness, efficiency and reduction of insurance rates. To that end, I will appoint an advisory task force charged with reporting back to me before the next legislative session recommendations for accomplishing the following goals: 1. Make the civil justice system more efficient and reduce frivolous litigation; 2. Provide for fair and just, but not excessive, compensation for those injured by wrongdoing; 3. Lower liability insurance rates; and 4. Provide for reasonable punitive damage awards sufficient to deter conduct and practices that harm innocent Alaskans, without hampering a positive business environment or allowing excessive windfall recoveries. I look forward to working with you to reform Alaskas civil liability system. Sincerely, /s/ Tony Knowles Governor 1996-10-16 Senate Journal Page 4394 HB 158 ANALYSIS OF SCS CSHB 158 (RLS) am S (ct rls fld S) TORT REFORM Throughout the Legislative process, the consistent Administration position has been that tort reform legislation should do three things: 1) make the civil justice system more efficient and reduce frivolous litigation; 2) still allow for fair and just compensation for injured parties, and not create major constitutional problems through unfair treatment of those who have been injured; and 3) lower liability insurance rates. The corollary to these precepts is that tort reform legislation should not 1) increase the cost, complexity, and amount of litigation; or 2) cut off the rights of injured Alaskans to recover reasonable compensation for injuries sustained by another partys negligent acts. Although some of the provisions included in this bill arguably comply with these basic tenets, when viewed as a whole this bill fails to meet most, if not all, of these tests. The bill will increase the amount, cost, and complexity of litigation. The Department of Law has prepared a detailed analysis outlining the numerous legal issues raised by this bill. It is worthwhile to briefly list the principal issues identified by Law, since each would likely lead to additional litigation. 1. Commercial Recreational Activities (sec. 2). This section of the bill was added very late in the legislative process, without adequate time for public comment or legal review. No other state has similar statutes. Law has now identified several ambiguities in the section, which will likely lead to extensive clarifying litigation. Also, the section probably violates constitutional equal protection guarantees. 1996-10-16 Senate Journal Page 4395 HB 158 2. Statute of Repose (sec. 3). This provision would prevent a suit from being filed against a wrongdoer after 10 years, even if the injury did not occur until after this period of time. The Alaska Supreme Court has already indicated that such a statute may be unconstitutional. 3. Retroactivity of Punitive Damages Limitations (sec. 24). By far the most disturbing section of the bill is the clause providing a retroactive effective date for the bills punitive damages limits. This provision is probably unconstitutional as a violation of due process, and might also constitute an unlawful taking, especially because the section appears to be designed to benefit specific private parties to existing lawsuits. Furthermore, an argument can, and most certainly would, be made that the section applies to the punitive damages award in the Exxon Valdez litigation. 4. Allocation of Fault (secs. 10-11). The proposed changes would allow the fact finder in a trial (the jury, or the judge in a case tried without a jury) to apportion responsibility for the accident not only among the parties in court, but to any parties responsible for the injuries, even if one or more of those responsible are immune from liability. It creates the classic empty chair situation, where all those potentially liable to plaintiff argue that the majority of fault lies with those not in court. Also, because the bill section was not coordinated with workers compensation statutes, the injured person could be required to give back some of his recovery to his employer, even though he could not receive compensation for the employers fault in causing the accident. 1996-10-16 Senate Journal Page 4396 HB 158 5. Offers of Judgment (sec. 13). Without getting into the complexities of the legal analysis, the practical effect of the changes proposed could be to reduce, rather than increase, the incentives for early settlement of cases. 6. Admissibility of Expert Testimony (sec. 15). The restrictions on expert witnesses are at best confusing, and if interpreted by a court expressly as written, would likely be unconstitutional. 7. New Civil Causes of Action for Frivolous Practice (sec. 19). This section would create extensive additional litigation, providing an avenue for litigious litigants to bring many new claims and new lawsuits, adding to the cost and complexity of litigation. The bill will cut off the rights of injured Alaskans to reasonable and just compensation for injuries. 1. Statute of Repose (sec. 3). As noted above, operation of the statute of repose would cut off a persons right to recover, even if the accident had not yet occurred. 2. Hospital Non-Liability (sec. 18). The bill would allow a hospital to exempt itself from liability for damages caused by the negligence of its emergency room doctors, if those doctors carry at least $500,000 in insurance. That amount of insurance is probably inadequate to compensate for most serious emergency room injuries. 1996-10-16 Senate Journal Page 4397 HB 158 3. Commercial Recreational Activities (sec. 2). Although the tort reform advocates claim that this section merely codifies current law, the extensive lobbying efforts of the visitor industry clearly demonstrate that industry believes this section will reduce their liability to injured customers. 4. Mandatory Arbitration (sec. 17). In general the concept of alternative dispute resolution procedures such as arbitration and mediation can, in some cases, reduce the overall costs of litigation. However, the provisions in this bill could have the additional effect of foreclosing legitimate damage claims. The arbitration procedures set out in the bill have been made applicable only to relatively small cases where the amount claimed is less than $50,000; by requiring the parties to pay all costs associated with the arbitration, the bill might effectively cut off a smaller claimants ability to bring suit in the first place. 5. Offers of Judgment (sec. 13). The provisions relating to offers of judgment place an almost impossible burden on a plaintiff in a case involving multiple defendants, because the plaintiff will be required not only to reasonably predict how much he or she will recover in the case, but also the relative percentage of responsibility for each defendant; if the predictions for any single defendant are wrong, the plaintiff risks being held liable for all costs and attorney fees of the defendant who made the offer. Many injured plaintiffs cannot afford to take such risks and will be forced to accept unreasonably low settlement offers. The Legislature totally failed to utilize a public, consensual process in crafting this bill. Although this legislation went through several committees and had numerous hearings, the Legislature chose to ignore the results of that process and instead adopt a new version of the bill in the final hours without any public process. This session, several hearings were held on HB 158 in the Senate Judiciary and Finance Committees, in which many of the suggestions raised by the Administration and others were incorporated into the bill. 1996-10-16 Senate Journal Page 4398 HB 158 However, the Finance Committee version of the bill was essentially and a totally new version adopted by the Senate Rules Committee, apparently with the assistance and input of the strongest tort reform advocates. Included in this final version for the first time were the provisions relating to commercial recreational activities, a new arbitration procedure, and the retroactive limitations on punitive damages. The only public hearing on the final bill was a 15 minute Rules Committee hearing, held minutes after the bill was made available to the public for the first time. The Legislature was unwilling to work to adopt acceptable, reasonable tort reform. For example, the tort reform advocates argued that tort reform would help reduce liability insurance rates. However, the Legislature refused to require a 10 percent reduction in rates as a precondition for the bills taking effect, because the advocates argued that it would take a few years of the bill being in place before any results would be realized. In response to this argument, Senator Phillips offered an amendment on the Senate floor to sunset the bill in five years if rates did not come down, thereby giving the bills provisions a chance to have an impact before the rate reduction would be required; this amendment was also rejected. Conclusion Last year, Alaskans were charged with 28,370 misdemeanors, 2,778 felonies, came to court 68,761 times for traffic offenses, filed 8,692 domestic relations cases (including 3,984 for divorce or dissolution), and filed 9,717 small claims cases. There were 21,378 cases filed in Superior Court. However, there were only 993 personal injury cases filed --4.6 percent of the total. Only 43 civil jury trials were held last year in the state, and these included not only tort claims, but debt collection, review of administrative orders, and contract disputes. Thus, contrary to the claims of tort reform advocates, there is no explosion of tort litigation in Alaska. 1996-10-16 Senate Journal Page 4399 HB 158 Nonetheless, there are several features of this bill that could improve our civil justice system and form the basis for effective, responsible tort reform. Placing a reasonable limit on the amount of punitive damages that may be awarded in future cases (sec. 7) may be worthy of consideration, and a requirement that some percentage of such awards be turned over to the state (sec. 7) can maintain the benefits of the punitive damage process without giving plaintiffs an unreasonable windfall recovery. Tying interest rates on judgments to a variable market rate makes sense (sec. 14). Allowing hospitals to avoid liability for negligence of their emergency room doctors (sec. 18) may be a laudable goal, provided the doctors are required to carry sufficient insurance to protect patients. Prohibiting a person who is injured while committing a felony from recovering for such injuries (sec. 20) does not offend most peoples sense of justice. And enhancing the penalties under Civil Rule 11 against attorneys who file frivolous pleadings (sec. 21) could help reduce litigation and ensure better judicial practice. Other related concepts that warrant consideration, discussed at various times during the hearing process on this bill, include some method to ensure insurance rate reductions, and mandatory mediation similar to that proposed in CSHB 414 (JUD). In short, there are many aspects of tort reform that could help reduce the costs and complexity of litigation, and presumably the cost of liability insurance in Alaska, without at the same time cutting off our citizens right to recover reasonable compensation for injuries caused by the fault of others. Unfortunately, in passing HB 158, the Legislature chose a less humanistic approach: it elected to simply grant unwarranted benefits to insurance companies by cutting off injured parties rights. Prepared by Alaska Department of Commerce and Economic Development, 6/13/96. 1996-10-16 Senate Journal Page 4400 SB 159 Message of June 17 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 159(HES) am An Act relating to advance directives for mental health treatment. Chapter 63, SLA 1996 Effective Date: 9/15/96 HB 314 Message of June 17 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) An Act relating to domestic violence and to crime victims and witnesses; amending Rules 3, 4, 65, and 100, Alaska Rules of Civil Procedure, Rules 505 and 613, Alaska Rules of Evidence, and Rule 9, Alaska Rules of Administration; and providing for an effective date. Chapter 64, SLA 1996 Effective Date: See Chapter HB 354 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 354(FIN) am S An Act relating to a retirement incentive program for certain employees of school districts under the teachers retirement system and under the public employees retirement system; and providing for an effective date. Chapter No. 65, SLA 1996 Effective Date: 6/19/96 1996-10-16 Senate Journal Page 4401 HB 493 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 493(FIN) am S An Act relating to treatment for alcoholism or drug abuse. Chapter No. 66, SLA 1996 Effective Date: 9/16/96 HB 110 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am An Act relating to the confidentiality of certain information in motor vehicle records. Chapter No. 67, SLA 1996 Effective Date: 9/16/96 HB 93 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 93 An Act relating to the duty-free mealtime for teachers in certain school facilities. Chapter No. 68, SLA 1996 Effective Date: 9/16/96 1996-10-16 Senate Journal Page 4402 SB 43 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 43(L&C) An Act relating to registration by the Board of Registration for Architects, Engineers, and Land Surveyors; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; and amending the definition of `practice of land surveying.' Chapter No. 69, SLA 1996 Effective Date: 9/16/96 HB 18 Message of June 18 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 18 An Act amending the statute of limitations applicable to civil actions brought against peace officers and coroners. Chapter No. 70, SLA 1996 Effective Date: 9/16/96 SB 177 Message of June 19 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) am H An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries. 1996-10-16 Senate Journal Page 4403 SB 177 I believe this bill would seriously undermine the safeguards in Alaskas concealed weapons law and would jeopardize the public and law enforcement officials. The bill would remove many of the places where concealed weapons are prohibited under current law and would permit the carrying of concealed weapons by out-of-state persons who may not meet Alaskas statutory requirements. The current concealed handgun program has been in place for only 18 months. The experience to date has not demonstrated that the law is broken, or that the types of amendments contained in this bill are warranted or necessary. A specific objection to this bill comes from a basic premise, founded on hundreds of years of experience, that guns and alcohol dont mix. This bill would allow concealed handguns in bars. This scenario invites tragedy. I also question the wisdom of allowing concealed guns in banks and government offices as proposed in this bill. There is good reason for these locations to be protected. We should not jeopardize their security by allowing concealed handguns on the premises. Finally, the manner in which this bill would offer reciprocity for concealed handgun permit holders from other states is especially troubling. Reciprocity would be offered to any out-of-state permittee regardless of the requirements to obtain a permit in another state, even if those requirements are less stringent than in Alaska. Moreover, an out-of-state permit holder would not be subject to the same restrictions that apply to Alaska permit holders. While this may not have been the intent of the legislature, it is unacceptable to allow activities by out-of-state residents which are prohibited by Alaska residents under our laws. Many municipalities and law enforcement organizations have voiced strong opposition to this legislation including the Alaska Peace Officers Association, the Alaska Association of Chiefs of Police, the Public Safety Employees Association, the Municipality of Anchorage, 1996-10-16 Senate Journal Page 4404 SB 177 and the Cities of Palmer and Wasilla. I acknowledge their experience and professionalism in this area and find a veto of this legislation necessary in the interest of public safety. Sincerely, /s/ Tony Knowles Governor HB 75 Message of June 19 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a drivers license, privilege to drive, or privilege to obtain a license; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date. Chapter No. 71, SLA 1996 Effective Date: 6/20/96 HB 90 Message of June 19 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 90 am An Act changing the date that the legislature convenes in the years following a gubernatorial election; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election. Chapter No. 72, SLA 1996 Effective Date: 9/17/96 1996-10-16 Senate Journal Page 4405 HB 198 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 198(STA) am S An Act relating to absences from the state for purposes of eligibility for permanent fund dividends to care for a terminally ill parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life- threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside the state for treatment at a medical specialty complex; and to settle the estate of a deceased parent, spouse, sibling, child, or stepchild; and providing for an effective date. Chapter No. 73, SLA 1996 Effective Date: 1/1/97 SB 253 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 253(FIN) An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection. Chapter No. 74, SLA 1996 Effective Date: 9/18/96 HB 308 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4406 HB 308 CS FOR HOUSE BILL NO. 308(JUD) An Act relating to the Uniform Probate Code, including nonprobate transfers, guardianships, trusts, and multiple-party accounts; relating to the Uniform Simultaneous Death Act; and providing for an effective date. Chapter No. 75, SLA 1996 Effective Date: 1/1/97 HB 272 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) am S An Act relating to municipal taxation of motor vehicles; and providing for an effective date. Chapter No. 76, SLA 1996 Effective Date: 7/1/96 HB 220 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) am S An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem and travel expenses of the councils board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date. Chapter No. 77, SLA 1996 Effective Date: 7/1/96 1996-10-16 Senate Journal Page 4407 HB 265 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 265(FSH) An Act relating to the export of live dungeness crab. Chapter No. 78, SLA 1996 Effective Date: 9/18/96 SB 256 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR SENATE BILL NO. 256(CRA) An Act relating to the offices of mayor and mayor pro tempore of a second class city. Chapter No. 79, SLA 1996 Effective Date: 9/18/96 HB 359 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C) An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date. Chapter No. 80, SLA 1996 Effective Date: 1/1/97 1996-10-16 Senate Journal Page 4408 HB 397 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) An Act relating to the fisheries resource landing tax and to the seafood marketing assessment; and providing for an effective date. Chapter No. 81, SLA 1996 Effective Date: See Chapter HB 59 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN) An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date. Chapter No. 82, SLA 1996 Effective Date: 6/21/96 HB 393 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES) An Act relating to managed care for recipients of medical assistance; and providing for an effective date. Chapter No. 83, SLA 1996 Effective Date: 6/21/96 1996-10-16 Senate Journal Page 4409 HB 528 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 528(RLS) An Act relating to applications for certificates of need and licensing of nursing homes; establishing a moratorium with respect to acceptance of new applications for a certificate of need or for a license for additional nursing home capacity in the state until May 1, 1998; establishing a working group to study and issue a report about long-term care; and providing for an effective date. Chapter No. 84, SLA 1996 Effective Date: 6/21/96 HB 370 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD) An Act relating to the provision of legal services at public expense. Chapter No. 85, SLA 1996 Effective Date: 9/18/96 HB 211 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4410 HB 211 SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) An Act relating to voter registration and to state election administration; and providing for an effective date. Chapter No. 86, SLA 1996 Effective Date: 6/21/96 HB 364 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 364(JUD) am An Act amending, in the Election Code, the definition of the offense of unlawful interference with voting in the first degree, a class C felony, and adding, for all `knowing' violations of election offenses set out in the Election Code, a cross- reference to the definition of the word `knowing' in the Criminal Code. Chapter No. 87, SLA 1996 Effective Date: 9/18/96 HB 333 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 333 An Act relating to licensure requirements for employees of the office of public advocacy and the Public Defender Agency. Chapter No. 88, SLA 1996 Effective Date: 9/18/96 1996-10-16 Senate Journal Page 4411 HB 339 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 339(JUD) am An Act relating to children-in-need-of-aid proceedings; relating to the termination of parental rights of incarcerated parents; and providing for an effective date. Chapter No. 89, SLA 1996 Effective Date: 6/21/96 HB 384 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 384(HES) am An Act relating to payment requirements for retention in the Pioneers Home; and providing for an effective date. Chapter No. 90, SLA 1996 Effective Date: 6/21/96 HB 480 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 480(HES) An Act relating to physician assistants. Chapter No. 91, SLA 1996 Effective Date: 9/18/96 1996-10-16 Senate Journal Page 4412 HB 382 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 382(STA) An Act relating to the Board of Dispensing Opticians; and providing for an effective date. Chapter No. 92, SLA 1996 Effective Date: 6/21/96 HB 404 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 404(STA) An Act relating to the Board of Chiropractic Examiners; and providing for an effective date. Chapter No. 93, SLA 1996 Effective Date: 6/21/96 HB 405 Message of June 20 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 405(RLS) An Act relating to the Board of Examiners in Optometry; and providing for an effective date. Chapter No. 94, SLA 1996 Effective Date: 6/21/96 1996-10-16 Senate Journal Page 4413 HB 25 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 25(FIN) An Act revising Rule 16, Alaska Rules of Criminal Procedure, relating to discovery and inspection in criminal proceedings; and providing for an effective date. Chapter No. 95, SLA 1996 Effective Date: 7/1/96 HB 48 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 48(JUD) An Act relating to motorcycle helmets. Chapter No. 96, SLA 1996 Effective Date: 9/23/96 HB 63 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing. Chapter No. 97, SLA 1996 Effective Date: 9/23/96 1996-10-16 Senate Journal Page 4414 HB 249 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 249(L&C) An Act authorizing the McGrath Ice Classic. Chapter No. 98, SLA 1996 Effective Date: 9/23/96 HB 446 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 446 am An Act allowing home rule municipalities to bring actions for certain injunctive relief relating to nuisances. Chapter No. 99, SLA 1996 Effective Date: 9/23/96 HB 478 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 478(L&C) An Act allowing licensed real estate brokers, associate real estate brokers, and real estate salespersons to prepare certain documents; and providing for an effective date. Chapter No. 100, SLA 1996 Effective Date: 6/26/96 1996-10-16 Senate Journal Page 4415 HB 497 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 497 An Act relating to chiropractic peer review; and providing for an effective date. Chapter No. 101, SLA 1996 Effective Date: 6/26/96 HB 515 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 515 am An Act repealing a restriction on the use of youth residential services grants that prohibits use of the grants for capital assets; and providing for an effective date. Chapter No. 102, SLA 1996 Effective Date: 7/1/96 HB 520 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 520(FIN) An Act relating to death investigations and inquests, coroners, public administrators, and medical examiners, including the state medical examiner; relating to the jurisdiction of district court judges and magistrates in certain cases involving death. Chapter No. 103, SLA 1996 Effective Date: 9/23/96 1996-10-16 Senate Journal Page 4416 HB 525 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 525 An Act designating certain permissible investments by the Alaska Permanent Fund Corporation in taxable municipal or state debt securities and corporate debt securities; changing the allocation limits on domestic and nondomestic government and corporate securities, nondomestic corporate promissory notes, domestic and nondomestic corporate stocks, and taxable government debt securities; and providing for an effective date. Chapter No. 104, SLA 1996 Effective Date: 6/26/96 HB 543 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 543(FIN) am S An Act establishing the procedures and conditions for lessees of land leases at state airport and air navigational facilities, including leases in holdover status to receive a new lease of the same land or an extended term of the existing lease; and relating to the title and ownership, and the sale, removal, and other disposition, of permanent improvements made to a leasehold under an airport or air navigational facility lease; and providing for an effective date. Chapter No. 105, SLA 1996 Effective Date: See Chapter 1996-10-16 Senate Journal Page 4417 HB 550 Message of June 25 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 550 An Act relating to investments by fiduciaries; and providing for an effective date. Chapter No. 106, SLA 1996 Effective Date: See Chapter SB 98 Message of June 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H An Act making changes related to the aid to families with dependent children program (AFDC); relating to the duties of the Department of Health and Social Services; establishing a workfare pilot project for AFDC recipients; establishing a diversion program for AFDC applicants; directing the Department of Health and Social Services to seek waivers of applicable federal laws; establishing and relating to the Alaska temporary assistance program and repealing the AFDC and job opportunity and basic skills programs upon the establishment of federal welfare reform; relating to work activities required under the Alaska temporary assistance program; authorizing qualified entities to contract with the state to administer all or part of the Alaska temporary assistance program; relating to child support; relating to certain licenses and applications for a license for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the State Procurement Code for certain services and contracts under the Alaska temporary assistance program; relating to disclosure of information that relates to the Alaska temporary assistance program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; amending Rule 90.3(c) and (h)(2), Alaska Rules of Civil Procedure; and providing for an effective date. 1996-10-16 Senate Journal Page 4418 SB 98 Chapter No. 107, SLA 1996 Effective Date: See Chapter HB 341 Message of June 26 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) An Act relating to administrative adjudication and judicial appeals and to the informal resolution of certain factual disputes between taxpayers and the Department of Revenue; establishing the office of tax appeals as a quasi-judicial agency in the Department of Administration; revising the procedures for hearing certain tax appeals, including appeals regarding seafood marketing assessments; relating to consideration and determination by the superior court of disputes involving certain taxes and penalties due, and amending provisions relating to the assessment, levy, and collection of taxes and penalties by the state and to the tax liability of taxpayers; providing for the release of agency records relating to formal administrative tax appeals; relating to litigation disclosure of public records; clarifying administrative subpoena power in certain tax matters; and providing for an effective date. Chapter No. 108, SLA 1996 Effective Date: See Chapter HB 352 Message of June 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4419 HB 352 SENATE CS FOR HOUSE BILL NO. 352(FIN) An Act giving notice of and approving a lease- purchase agreement with the City of Palmer for a fire management facility at the Palmer Airport; and providing for an effective date. Chapter No. 109, SLA 1996 Effective Date: 6/28/96 HB 2 Message of June 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 2(JUD) An Act providing for incarceration of certain nonviolent offenders in boot camps operated by the Department of Corrections; making prisoners who complete the boot camp program eligible for furloughs and discretionary parole; allowing the Department of Corrections to contract with a person for a boot camp program; creating the Boot Camp Program Advisory Board in the Department of Corrections. Chapter No. 110, SLA 1996 Effective Date: 9/25/96 HB 526 Message of June 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4420 HB 526 SENATE CS FOR CS FOR HOUSE BILL NO. 526(FIN) am S An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date. Chapter No. 111, SLA 1996 Effective Date: 6/28/96 HB 292 Message of June 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 292(RLS) am S An Act relating to false statements and omissions in regard to application for fish and game licenses, tags, and permits and to nonresident hunters. Chapter No. 112, SLA 1996 Effective Date: 9/25/96 HB 329 Message of June 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 329(RES) An Act providing for restitution to the state for the unlawful taking of game. Chapter No. 113, SLA 1996 Effective Date: 9/25/96 1996-10-16 Senate Journal Page 4421 SB 230 Message of June 27 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CONFERENCE CS FOR SENATE BILL NO. 230 An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. This bill represents a sharp and unwarranted departure from longstanding public policy governing the management of state parks and recreation areas. The changes made by the bill would impose serious limitations on the ability of the state to effectively manage such land, which includes some of the states most important public resources. As use increases in our state parks it is imperative that we have the means to protect the values for which these special areas have been established. In some cases this means restricting some uses to protect park resources and to ensure enjoyment by a wide range of users. The states ability to respond to rapidly changing public use patterns and resources in such popular areas as Chugach State Park and the Kenai River Special Management Area would be compromised under this legislation. Under the bill, the Department of Natural Resources (DNR) would be prohibited from managing as a park, recreation area, or special management area land it has lawfully acquired under existing law for just such a purpose. The bill also would create onerous new paperwork demands, under which DNR would be required annually 1996-10-16 Senate Journal Page 4422 SB 230 to report to the legislature virtually every administrative action in the preceding year that might be viewed as restricting traditional means of access. The bill is sufficiently ambiguous, both in its definition of traditional means of access and in its management intent for administratively acquired land, that it could needlessly expose the state to litigation. It is not in the best interests of the state to restrict management as park land to only that land directly designated by the legislature. This would call into question the applicability of regulations currently governing the use of numerous public campsites, scenic overlooks, trail heads, and other recreation areas that are not within the boundaries of legislatively designated parks. I am convinced that the access concerns underlying this bill can be addressed through current law, under which the state has broad latitude to determine compatible uses of our public resources. I support exploring new solutions to resolve conflicts between users of state parks and recreation areas. I do not believe, however, that this bill offers a constructive step toward that end. Sincerely, /s/ Tony Knowles Governor HB 447 Message of June 27 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 447(RES) An Act relating to traditional means of access for traditional outdoor uses and to the classification and the sale, lease, or other disposal of state land, water, or land and water. 1996-10-16 Senate Journal Page 4423 HB 447 This bill places a burden on our land classification and disposal process that would simply invite delay and litigation. This legislation prohibits any prospective disposal of state land or water unless it provides traditional means of access. When disposing of land, the state must designate, and the private land owner or lessee must provide, easements across the land. This is an unworkable requirement because the definition of traditional means of access is unclear. It also brings into question the future rights and liabilities of the private owner or lessee. Every prospective disposal of state land, whether for residential, commercial, or agricultural purposes, would be put on hold while DNR attempts to determine whether a particular parcel is subject to an individual, family, or community life pattern of access. Especially troubling is that this bill would prevent DNR from protecting our lands intrinsic values that are commonly shared and cherished, if that protection would arguably restrict an ill-defined notion of traditional means of access. This begs conflict with existing law and public sentiment which call for responsible protection of our land and water. Sincerely, /s/ Tony Knowles Governor SB 162 Message of June 27 was received, stating: Dear President Pearce: On this date I have assigned the following bill a chapter number and am transmitting the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 162(FIN) An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that are inconsistent with the amendments made by this Act. 1996-10-16 Senate Journal Page 4424 SB 162 My assigning a chapter number to CS FOR SENATE BILL NO. 162(FIN) is not intended to convey my acceptance of the validity of the legislatures override of my May 30, 1996 veto of this bill. The override vote is invalid under the Alaska Constitution and CS FOR SENATE BILL NO. 162(FIN) is not law. In assigning a chapter number to CS FOR SENATE BILL NO. 162(FIN), I have not in any way retreated from my position in Knowles v. Legislative Council, et al (1JU-96-1278 C1). Upon advice from the Attorney General that assignment of chapter numbers is a ministerial function in the bill enactment process and does not make a bill law, I have assigned the chapter number stated below. Chapter No. 1, FSSLA 1996 Effective Date: 9/4/96 (See pages 4323, 4375) SB 244 Message of June 27 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 244(FIN) am H An Act relating to transportation of public school students; relating to school construction grants; relating to state foundation aid and supplementary state aid for education; and providing for an effective date. Chapter No. 2, FSSLA 1996 Effective Date: See Chapter HB 490 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 490(STA) An Act relating to grants and other financial assistance authorized or made by the Alaska Science and Technology Foundation for the BIDCO assistance program. 1996-10-16 Senate Journal Page 4425 HB 490 Chapter 114, SLA 1996 Effective Date: 9/26/96 SB 259 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 259(HES) An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date. Chapter 115, SLA 1996 Effective Date: 6/29/96 SB 229 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 229(L&C) An Act relating to employment contributions, to the calculation of unemployment insurance benefits, and to the state training and employment program; and providing for an effective date. Chapter 116, SLA 1996 Effective Date: See Chapter HB 412 Message of June 28 was received, stating: Dear President Pearce: Today I signed House Bill 412 which contains much of the FY 97 operating and loans budget, and made certain line item vetoes in the bill. I am transmitting the engrossed and enrolled copies to the Lieutenant Governor for permanent filing: 1996-10-16 Senate Journal Page 4426 HB 412 CONFERENCE CS FOR HOUSE BILL NO. 412(brf fld H/S)(efd fld S) "An Act making appropriations to the operating and loan program expenses of state government, for certain programs, and to capitalize funds." Chapter No. 117, SLA 1996 Effective Date: 7/1/96 I have also today signed three other bills from the regular and special legislative sessions which make appropriations for FY96 and FY97 and fund negotiated labor contracts: HB 413, HB 1001 and SB 1005. I also signed SB 1003 which implements several employer cost reduction measures and authorizes salary adjustments for non- represented employees. Since these five bills are interrelated, this letter discusses them together and explains my vetoes in HB 412. The coming years operating budget (HB 412) and related measures include some provisions which begin to move Alaska toward fiscal responsibility: cut the budget, protect and grow Alaskas savings accounts and provide for many important public services. We also took several important steps to create and preserve jobs for Alaskan families. Unfortunately, the budget lacks important provisions upon which Alaskans must rely for a safe economic landing. The Republican-led Legislature failed to adopt a responsible long-range budget plan which uses a variety of tools to close Alaskas budget gap. In fact, legislators stripped from the budget in the final hours provisions committing to a long-range plan. The Legislature failed to take any steps to diversify Alaskas revenue base. Most notably, the House leadership refused to allow a simple up or down vote on increasing Alaskas tobacco tax, which has the critical public health benefit of reducing tobacco use by our young people. The Legislature failed to provide vital services to some of the Alaskans who most need them. For example, it denied basic dental and medical care to elderly and poor Alaskans, under-funded foster care for abused Alaskan children and failed to adequately fund fish and game management at a time of increased federal control over Alaskas fish and wildlife resources. 1996-10-16 Senate Journal Page 4427 HB 412 Despite these budget failures, legislators found the money to increase their own living allowances by 7 percent. While making significant cuts to virtually every other department in state government, the Legislature reduced its own budget by barely one percent. I was tempted to exercise my veto authority to rectify that disparity, but I am leaving it to the Republican majority to explain their actions to Alaskan voters. I did exercise my line item veto authority to reduce the transfer of unrestricted cash from the Alaska Industrial Development and Export Authority to the state general fund by $1.7 million. This will bring the AIDEA distribution to $15 million, the amount expected to be approved by AIDEA's board of directors at its meeting next month. (Under the new AIDEA dividend statute, in future years we will have the board's dividend recommendation before the Legislature takes final action on the budget.) I also reduced the fiscal note appropriation for printing election ballots since there will be fewer ballot issues this year. During the special session, new information allowed for a $1.6 million reduction in the amount needed for FY97 debt service obligations. For ease of future reference, I reduced the debt service appropriation in HB 412 by $1.6 million and vetoed as redundant the amending provision in SB 1005. As have governors before me, I have vetoed most of the legislative intent language in HB 412 and 413 and in SB 1005, regardless of whether I concur with its content. This is to maintain the appropriate distinction between the Legislature's appropriation responsibilities and the Executive branch's policy and budget implementation responsibilities. I retained language expressing the Legislature's intention to use supplemental appropriations to complete full-year funding or directing the Administration to seek additional receipt authority from the Legislative Budget and Audit Committee, as needed. Sincerely, /s/ Tony Knowles Governor 1996-10-16 Senate Journal Page 4428 HB 413 Message of June 28 was received, stating: Dear President Pearce: Today I signed House Bill 413 with certain line item vetoes. I am transmitting the engrossed and enrolled copies to the Lieutenant Governor for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 413 An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program, and providing for an effective date. Chapter No. 118, SLA 1996 Effective Date: 7/1/96 As have governors before me, I have vetoed most of the legislative intent language in House Bill 413, regardless of whether I agree with the content. This is to maintain the appropriate distinction between the legislatures appropriation responsibilities and the executive branchs policy and budget implementation responsibilities. Sincerely, /s/ Tony Knowles Governor HB 1001 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) An Act making appropriations relating to fire suppression, cleanup, and response and to disaster relief; and providing for an effective date. Chapter 3, FSSLA 1996 Effective Date: 6/29/96 1996-10-16 Senate Journal Page 4429 SB 1003 Message of June 28 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 1003(FIN) am An Act relating to public employee compensation, benefits, and labor relations; relating to salaries and cost-of-living differentials for certain state employees, and to salary surveys and preparation of an annual pay schedule regarding certain state employees; relating to retirement of and early retirement incentives for certain public employees; relating to pay and benefit programs for public employees; and providing for an effective date. Chapter 4, FSSLA 1996 Effective Date: 7/1/96 SB 1005 Message of June 28 was received, stating: Dear President Pearce: Today I signed Senate Bill 1005 with certain line item vetoes. I am transmitting the engrossed and enrolled copies to the Lieutenant Governor for permanent filing: CS FOR SENATE BILL NO. 1005(FIN) am "An Act making and amending appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; providing for an effective date for versions of HB 412 and SB 136 that were passed by the Nineteenth Alaska State Legislature; and providing for an effective date." Chapter No. 5, FSSLA 1996 Effective Date: See Chapter 1996-10-16 Senate Journal Page 4430 SB 1005 As have governors before me, I have vetoed most of the legislative intent language in Senate Bill 1005, regardless of whether I agree with the content. This is to maintain the appropriate distinction between the legislatures appropriation responsibilities and the executive branchs policy and budget implementation responsibilities. I have also vetoed the amending provision in this bill to reduce the debt service appropriation by $1.6 million, because I made that reduction in House Bill 412. The provision in this bill was, therefore, redundant. Sincerely, /s/ Tony Knowles Governor HB 104 Message of June 29 was received, stating: Dear President Pearce: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(FIN) An Act relating to disclosures of information about certain minors. Although I believe it is appropriate to disclose certain types of information about juveniles who commit crimes, I have vetoed the bill because its approach to disclosure is flawed. The bill allows peace officers to release information about the arrest of juveniles if the offense is one that would be a felony if committed by an adult. Initial arrest information, however, is often inaccurate. A juvenile may be charged with a felony crime at the time of arrest only to later have the charges reduced to a misdemeanor after a thorough investigation. In this scenario, information about the juvenile would have already been released to the public although the charge did not meet the felony criteria. 1996-10-16 Senate Journal Page 4431 HB 104 In situations when a juvenile is later found innocent of the charges or perhaps was the victim of mistaken identity, a release of information will have already occurred based on the arrest. This would be a great injustice for a juvenile who has committed no crime. The purpose of current confidentiality practice is precisely to prevent this type of occurrence. These juveniles would have no recourse to publicly clear their records because the information needed to do so is contained in agency juvenile records, which are required to be kept confidential under current state law (AS 47.10.093). This bill does not change these requirements. Release of any information from agency juvenile records is also prohibited under Title IV of the federal Social Security Act, through which the Department of Health and Social Services receives a substantial amount of funding. I support the disclosure of information in some juvenile delinquency cases. This bill, however, is shortsighted in its approach and has the potential to unfairly treat juveniles who should not fall under its purview. The Conference on Youth and Justice is finalizing its recommendations on this as well as other juvenile justice issues, all of which will be completed prior to the next legislative session. It seems appropriate to consider those recommendations, which have come from a diverse bipartisan group, rather than adopting an approach that does not provide for reasonable protections in the treatment of juveniles. Sincerely, /s/ Tony Knowles Governor HB 136 Message of June 29 was received, stating: Dear President Pearce: Under authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: 1996-10-16 Senate Journal Page 4432 HB 136 CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) An Act relating to the establishment and operation of the Alaska Railroad Commission to determine whether sale of the Alaska Railroad is in the best interest of the state. While this legislation does not mandate the sale of the Alaska Railroad, it sets up a costly and time-consuming study of railroad assets and possible sale procedures. Frankly, I dont think this type of study is merited, nor do I think a sale in the near future would be in the best interest of the state. The railroad has been acknowledged as a success. This state-owned corporation started more than 11 years ago in the red. Since then it has consistently turned a profit and required no operating dollars from the state. I think much of the success of the railroad can be attributed to the independent management structure, which was designed by the legislature in the act setting up the Railroad Corporation in 1984. Many of the questions surrounding management and finances of the railroad were addressed in a comprehensive evaluation directed by the legislature in 1994. This study concluded that the railroad is performing well and meeting its statutory mandates. I would commend this study for re-reading. Although the act establishing the Railroad Corporation called for a report every five years, providing evidence of at least three sale attempts by the railroad, this language was deleted by the legislature in 1988. Unchanged under the 1984 law is the provision that the state run the railroad with the intention it would be privatized at some later date. I agree that this prospect must be provided for. I also agree the Board should seriously consider and pursue any bonafide offer by a credible buyer. Under the law, any sale proposal would be brought to the legislature for approval. Such offers should be pursued in a normal business manner with necessary appraisals and studies funded by the parties to the potential sale. 1996-10-16 Senate Journal Page 4433 HB 136 The public interest must also be weighed in any sale proposal. The railroad is uniquely Alaskan and has been responsive to the needs and desires of communities, businesses and citizens along its tracks while making a profit. A private owner may or may not continue to operate this way in its pursuit of the bottom line. As a result, it is not surprising many Alaska residents, businesses and municipalities in the Railbelt have urged my veto of this legislation. Sincerely, /s/ Tony Knowles Governor SB 283 Message of June 29 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 283(RLS) An Act relating to filing, recording, and indexing of documents with or by the Department of Natural Resources; repealing certain filing requirements concerning property involving nonresident aliens; and providing for an effective date. Chapter 119, SLA 1996 Effective Date: See Chapter SB 289 Message of June 29 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 289(FIN) am H An Act relating to runaways, other minors, and their families or legal custodians. Chapter 120, SLA 1996 Effective Date: 9/27/96 1996-10-16 Senate Journal Page 4434 SB 201 Message of June 29 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 201(FIN) An Act relating to the employment of emergency fire-fighting personnel by the commissioner of natural resources. Chapter 121, SLA 1996 Effective Date: 9/27/96 HB 212 Message of June 29 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 212(RES) An Act relating to the management and sale of state timber and relating to the administration of forest land and classification of state land. Chapter 122, SLA 1996 Effective Date: 9/27/96 SB 136 Message of June 30 was received, stating: Dear President Pearce: On this date I have signed Senate Bill 136 which includes the FY 97 capital budget as well as several FY 97 operating items, reappropriations and supplemental appropriations for FY 96. I have made certain line item vetoes in the bill. I am transmitting the engrossed and enrolled copies to the Lieutenant Governor for permanent filing: 1996-10-16 Senate Journal Page 4435 SB 136 HOUSE CS FOR 2d CS FOR SENATE BILL NO. 136(FIN)am H(brf sup maj fld H)(efd fld S) An Act making, amending, and repealing appropriations. Chapter No. 123, SLA 1996 Effective Date: See Chapter This capital budget is drawn primarily from the proposal I submitted to the legislature early in February. It clearly emphasizes the basics of transportation, education, health, public safety and economic development. It makes an important first deposit of $6 million into the Childrens Trust which was established several years ago to prevent child abuse and neglect, but was never funded. Last March, I presented a realistic six year capital budget plan to replace Alaskas boom and bust capital budget process with a plan for predictability and stability. The six year plan outlined how we can address basic needs. It would have given communities, school districts, the university and Alaska businesses much-needed guidance about anticipated state funding for capital construction and major maintenance. Unfortunately, the legislature held no hearings and took no action on that plan. I will submit an updated plan again next session and urge the legislature to do what most communities already do: plan their capital budgets more than one year at a time. With several glaring exceptions relating to public safety, the FY 97 capital budget is generally consistent with the first year of my long term capital plan. I believe it was irresponsible of the Republican majority not to expand the Johnson Youth Center to help relieve overcrowding of juvenile treatment facilities in Juneau, Anchorage, Fairbanks and Bethel. It was also unwise not to allow a public vote on bonds for a regional prison system since there can be no bond vote until November 1998, more than two years away. Also, by not funding the next phase of modernizing and connecting Alaskas criminal justice computer systems, we hamper the efforts of our state and local law enforcement, prosecution and corrections officials. 1996-10-16 Senate Journal Page 4436 SB 136 I have exercised my constitutional line item veto authority by deleting the reappropriation in Section 73 because the particular oil and gas studies described there are not needed. I also vetoed the reappropriation in Section 23 which would take $25,000 away from a grant to the North Star Borough for the Badger flood control and drainage project and use it to buy two paintings of former U.S. Senators from a religious foundation in Fairbanks. Artwork with historical significance is usually purchased by the state museum which, by statute, cannot spend more than $5,000 for an item without the written approval of the Museum Collections Advisory Committee, a five-member public board. In addition, borough Mayor Sampson requested the veto of the reappropriation and project scope change, noting that the legislature did not consult the borough on either change. Section 89 appropriated half a million dollars for a study of state employee salaries and benefits which I am vetoing because the timing for such a study is not cost-effective. The recently approved contracts for most state workers extend to 1999, so a comparative study should be done closer to the time of contract negotiation rather than now. We have learned that the federal Bureau of Labor Statistics is currently doing a study of private and public salaries in Alaska as part of its periodic review throughout the nation. If designed properly, information of this kind would also be extremely useful to states and local governments seeking to evaluate their own public wage and benefit packages. It makes no sense for state, local and federal governments to fund separate compensation studies in a state. To remedy this duplication, I will work with the National Governors Association to seek a partnership with the Bureau to coordinate compensation studies between states and the federal government. As part of our continuing work to control personnel costs, Department of Administration Commissioner Boyer is examining ways to better manage health care and other employer costs. Finally, I made a technical veto of Section 52 because the item was already listed with all other ratifications in Section 91. I vetoed several expressions of legislative intent whether or not I concur with their content to maintain the appropriate distinction between the legislatures appropriation responsibilities and the executive branchs 1996-10-16 Senate Journal Page 4437 SB 136 policy and budget implementation responsibilities. I retained language expressing the legislatures intention to seek additional funding authority as needed. I am letting stand Section 89 in which the legislature moved federal stripper well funds for energy conservation services to the Department of Community and Regional Affairs and directed that the funds go to two organizations which have provided these services in the past. I am fully committed to the Alaska craftsman and energy rated homes programs; they meet important housing needs for Alaskans statewide. However, the opportunity for the private sector to provide these services in partnership with the state should be determined through fair and open competition. Alaska Housing Finance Corporation (AHFC) is the most appropriate agency to manage the stripper well-funded programs. It is the lead agency for the federally funded State Energy Program and the state agency with primary responsibility for residential construction, energy conservation and financing. For these reasons, I will transfer the funds back to AHFC through an inter-agency service agreement and instruct AHFC to follow the process outlined in statute (below) to ensure appropriate opportunities for all interested parties in the private sector to respond to requests for proposals. Sec. 37.05.316. GRANTS TO NAMED RECIPIENTS. (a) When an amount is appropriated or allocated to a department as a grant for a named recipient that is not a municipality, the department to which the appropriation or allocation is made shall promptly notify the named recipient of the availability of the grant and request the named recipient to submit a proposal to provide the goods or services specified in the appropriation act for which the appropriation or allocation is made. At the same time, the department may issue a request for proposals from other qualified persons to provide the same goods or services in the same area. The department shall award the grant to the named recipient unless the Office of the Governor, with due regard for the local expertise or experience of those making proposals, determines that an award to a different party would better serve the public interest. ªThe statute continues with a description of the notification process.ß 1996-10-16 Senate Journal Page 4438 SB 136 I am bringing to your attention some non-vetoed items that deserve comment to prevent any misunderstanding by the public even though the legislature is well aware of their meaning. Three transportation projects added by the legislature have no practical effect in the FY 97 budget: completion of the Chena Hot Springs Road rehabilitation, the Seward Highway exit ramp and Taylor Highway. As you are aware, these legislative additions do not actually provide any funding. The first project was already taken care of through existing administrative authority and the other two are not on the Statewide Transportation Improvement Program list for FY 97 which was developed in a thorough public process. Their appearance in this bill does not in any way give them the jump on the normal public process which will determine project priorities for next years budget. The Seward erosion/marine terminal project may help secure federal ferryboat discretionary funds but, as with the others, does not provide any funds this year. Sincerely, /s/ Tony Knowles Governor SB 180 Message of July 2 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) An Act authorizing the commissioner of natural resources to negotiate and enter into timber sale contracts that provide for local manufacture of high value-added wood products; and establishing an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development. Chapter 124, SLA 1996 Effective Date: 9/30/96 1996-10-16 Senate Journal Page 4439 HB 547 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 547(RES) am S An Act relating to a four-year moratorium on entry into Southeast Alaska dive fisheries; and providing for an effective date. Chapter 125, SLA 1996 Effective Date: 7/4/96 HB 538 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 538(2d FSH) An Act relating to vessels participating in the Bering Sea Korean hair crab fishery; relating to a vessel permit limited entry system; and providing for an effective date. Chapter 126, SLA 1996 Effective Date: 7/4/96 HB 539 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 539 An Act changing the name of the Alaska Soil and Water Conservation Board. Chapter 127, SLA 1996 Effective Date: 10/1/96 1996-10-16 Senate Journal Page 4440 HB 432 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 432 An Act relating to the practice of veterinary medicine. Chapter 128, SLA 1996 Effective Date: 10/1/96 HB 295 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 295(2d JUD) An Act relating to forfeitures of property; and relating to the custody and disposition of property in the custody of municipal law enforcement agencies. Chapter 129, SLA 1996 Effective Date: 10/1/96 HB 312 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 312(RES) am An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date. Chapter 130, SLA 1996 Effective Date: 7/4/96 1996-10-16 Senate Journal Page 4441 HB 436 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 436(TRA) An Act relating to purchase and sale of mobile homes by mobile home dealers; to mobile home titles; and providing for an effective date. Chapter 131, SLA 1996 Effective Date: 7/1/97 HB 450 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 450(FIN) An Act relating to trademarks; and providing for an effective date. Chapter 132, SLA 1996 Effective Date: See Chapter HB 502 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 502 An Act relating to the auctioning of real estate Chapter 133, SLA 1996 Effective Date: 10/1/96 HB 319 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4442 HB 319 CS FOR HOUSE BILL NO. 319(FIN) An Act relating to the regulation of small loan and retail installment transactions; and providing for an effective date. Chapter 134, SLA 1996 Effective Date: 7/4/96 HB 306 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 306(JUD) An Act relating to a lien for services provided by a hospital, nurse, or physician. Chapter 135, SLA 1996 Effective Date: 10/1/96 SB 1010 Message of July 3 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 1010(L&C) am An Act relating to vehicle records and hearings of the Department of Public Safety; increasing the period under which a person may drive a motor vehicle under a temporary permit; relating to ownership of certain abandoned vehicles; relating to suspension or revocation of a vehicle registration, certificate of registration, registration plate, or special permit; relating to renewal of a driver's license by mail; relating to procedures applicable to administrative revocation of a driver's license; relating to commercial driver training schools; increasing the property damage amounts for financial responsibility laws related to vehicles and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; amending the definitions of commercial motor vehicle' and commercial purposes'; relating to prohibitions against operation of a commercial motor vehicle and being on duty to operate a commercial 1996-10-16 Senate Journal Page 4443 SB 1010 motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to vehicle registration procedures; and providing for an effective date. Chapter 6, FSSLA 1996 Effective Date: 7/4/96 HB 372 Message of July 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) am S An Act relating to a restaurant or eating place license; relating to the Alcoholic Beverage Control Board; and providing for an effective date. Chapter 136, SLA 1996 Effective Date: 10/1/96 HB 482 Message of July 8 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) An Act relating to lobbying contracts of state- related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date. Chapter 137, SLA 1996 Effective Date: See Chapter HB 388 Message of July 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4444 HB 388 SENATE CS FOR CS FOR HOUSE BILL NO. 388(RES) An Act revising laws relating to oil and gas leasing as related to land previously the subject of a written best interest finding; amending provisions setting out exceptions to sales, leases, or other disposals for which a revised written best interest finding is not required; encouraging annual offer of land for oil and gas leases if the land was the subject of a best interest finding; and modifying the statement of purpose in the Alaska Land Act as it applies to oil and gas leasing to provide for annual lease sales. Chapter 138, SLA 1996 Effective Date: 10/8/96 HB 548 Message of July 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 548(FIN) am S An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date. Chapter 139, SLA 1996 Effective Date: 7/11/96 HB 394 Message of July 11 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4445 HB 394 SENATE CS FOR CS FOR HOUSE BILL NO. 394(RES) An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. Chapter 140, SLA 1996 Effective Date: 10/9/96 HB 401 Message of August 5 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 401(RES) An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Rule 3, Alaska Rules of Civil Procedure. Chapter 141, SLA 1996 Effective Date: 11/3/96 1996-10-16 Senate Journal Page 4446 HB 109 Message of August 6 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) An Act relating to telephone solicitations, advertisements, and directory listings and relating to political polling and campaigning by telephone. Chapter 142, SLA 1996 Effective Date: 11/4/96 HB 204 Message of August 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 204(FIN) An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or refusal to submit to chemical test; establishing penalties for these offenses; relating to court ordered drug and alcohol screening, evaluation, referral, and programs; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; relating to the authority of a court to impose a suspended sentence after failure to complete a treatment program upon conviction of felony driving while intoxicated or felony refusal to submit to a chemical test; relating to the period of time a court may consider for determining prior convictions in sentencing a person convicted of felony driving while intoxicated or felony refusal to submit to a chemical test; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure, to allow the use of hearsay evidence before a grand jury in a prosecution for felony driving while intoxicated or felony refusal to submit to a chemical test and to not require a presentence report for a first felony driving while intoxicated or first felony refusal to submit to a chemical test; and providing for an effective date. 1996-10-16 Senate Journal Page 4447 HB 204 Chapter 143, SLA 1996 Effective Date: See Chapter HB 202 Message of August 10 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 202(FIN) An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date. Chapter 144, SLA 1996 Effective Date: 8/11/96 HB 434 Message of August 21 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 434(L&C) An Act relating to unclaimed property; and providing for an effective date. Chapter 145, SLA 1996 Effective Date: 8/22/96 HB 433 Message of August 21 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1996-10-16 Senate Journal Page 4448 HB 433 CS FOR HOUSE BILL NO. 433(JUD) am An Act relating to an exemption to the unauthorized publication or use of communications and the prohibition against eavesdropping for certain law enforcement activities. Chapter 146, SLA 1996 Effective Date: 11/19/96 HB 342 Message of October 4 was received, stating: Dear President Pearce: 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. 342(RES) am S An Act relating to water quality. Clean water is one of Alaskas most vital assets. Alaskan families deserve and expect that our water will remain clean--for drinking, for recreating, for fishing, and for use in our industries. HB 342 would impair the states ability to protect water quality and public health. Despite its good intentions, the bill remains confusing, duplicative, inflexible, and costly to implement. Although some would find benefit in some aspects, it would be irresponsible to approve a bill that eliminates the states flexibility to protect clean water. For these reasons, I have vetoed HB 342. We can develop our resources responsibly while we protect and preserve our water quality. That balance can be found only through a water quality standard setting process which is based upon sound science and prudent resources management, and is conducted thoughtfully, collaboratively, and by consensus. I took the first step in this process over a year ago: a collaborative effort among business leaders, environmental group leaders, and the Department of Environmental Conservation resolved a long-standing dispute and a 1996-10-16 Senate Journal Page 4449 HB 342 legal challenge to several of the states water quality standards. I have recently expanded that effort to form a larger work group to address pressing water quality issues concerning permitting, compliance, and resource protection. I recognize that much effort was invested in trying to make this bill a worthwhile piece of legislation. However, the bill is seriously flawed for the following reasons: Good standards cannot be developed by simply mandating that federal law should always be the best standard. HB 342 does not allow our standards to be more stringent than the federal governments, nor does it allow them to be less stringent. We must retain our flexibility to do what is right for Alaska. We may need stricter standards at times to protect public health or a valuable fishery resource. Conversely, other situations may call for more flexible standards. HB 342 is ambiguous. It adds significant confusion and invites litigation. HB 342 duplicates existing processes. We need to streamline procedures rather than adding bureaucratic hoops. The requirements added in HB 342 would only decrease efficiency and add bureaucracy. HB 342 impedes the states ability to assume control of the implementation of the National Pollution Discharge Elimination System (NPDES) program from the Environmental Protection Agency. Obtaining control of this program would put us in charge of Alaskas destiny--a goal shared by many of our industries. EPA has cautioned the state that the provisions in HB 342 would hinder our assumption of the program. All of these reasons led me to the decision to veto HB 342. I look to all Alaskans to work with me to make our water quality standards flexible enough to meet Alaska conditions, but strong enough to protect our fish, wildlife, and citizens. Sincerely, /s/ Tony Knowles Governor 1996-10-16 Senate Journal Page 4450 UNFINISHED BUSINESS SB 310 Sectional Analysis dated April 19 from Division of Legal Services, Legislative Affairs Agency, for the following bill was received and published in Senate Journal Supplement No. 15 on June 26: CS FOR SENATE BILL NO. 310(STA) An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date. Memorandum dated June 18 from Senator Pearce, President, Alaska State Senate and Senator Kelly, Chair, Alaska Legislative Council, stating: Pursuant to AS 24.20.030(b), Senator Hoffman was appointed to the Alaska Legislative Council, replacing Senator Lincoln, who created a vacancy when she filed for statewide office. 1996-10-16 Senate Journal Page 4451 INDEX TO VETOED AND PARTIALLY VETOED BILLS TITLE ACTION PAGE SB 77 HOUSE CS FOR CS FOR Veto 3398 SENATE BILL NO. 77(FIN) An Act relating to management of game populations, to the powers and duties of the commissioner of fish and game, and to the division of game. SB 89 HOUSE CS FOR CS FOR Veto 4390 SENATE BILL NO. 89(FIN) An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation. SB 136 HOUSE CS FOR 2d CS FOR SENATE Partial 4434 BILL NO. 136(FIN)am H(brf sup maj Veto fld H)(efd fld S) An Act making, amending, and repealing appropriations. SB 162 CS FOR SENATE BILL NO. 162(FIN) Veto 4375 An Act relating to land used for agricultural purposes and to state land Legislative classified for agricultural purposes or Override subject to the restriction of use for of Veto 4323 agricultural purposes only; and annulling certain program regulations of the Chapter No. Department of Natural Resources that assigned 4423 are inconsistent with the amendments made by this Act. 1996-10-16 Senate Journal Page 4452 SB 177 HOUSE CS FOR CS FOR Veto 4402 SENATE BILL NO. 177(FIN) am H An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries. SB 181 CS FOR SPONSOR SUBSTITUTE FOR Veto 4377 SENATE BILL NO. 181(FIN) An Act relating to tourist oriented Sustained 4326 directional signs that are 90 inches in width and 18 inches in height and to penalties for violations related to outdoor advertising. SB 230 CONFERENCE CS FOR SENATE BILL Veto 4421 NO. 230 An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. SB 250 HOUSE CS FOR CS FOR SENATE BILL Veto 4383 NO. 250(FIN) am H An Act relating to the University of Alaska and to assets of the University of Alaska; authorizing the University of Alaska to select additional state public domain land, designating that land as `university trust land,' and describing the 1996-10-16 Senate Journal Page 4453 SB 250 (continued) principles applicable to the land's management and the development of its resources; and defining the net income from the University of Alaskas endowment trust fund as `university receipts subject to prior legislative appropriation. SB 274 HOUSE CS FOR CS FOR SENATE BILL Veto 4368 NO. 274(TRA) "An Act relating to the noise levels of Sustained 4324 airports and sport shooting facilities." SB 301 CS FOR SENATE BILL Veto 4385 NO. 301(FIN) am H An Act relating to postsecondary education; and providing for an effective date. SB 1005 CS FOR SENATE BILL Partial 4429 NO. 1005(FIN) am Veto An Act making and amending appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; providing for an effective date for versions of HB 412 and SB 136 that were passed by the Nineteenth Alaska State Legislature; and providing for an effective date. HB 22 CS FOR HOUSE BILL NO. 22(FIN) Veto 4386 An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions. 1996-10-16 Senate Journal Page 4454 HB 104 SENATE CS FOR CS FOR SS FOR Veto 4430 HOUSE BILL NO. 104(FIN) An Act relating to disclosures of information about certain minors. HB 136 CS FOR HOUSE BILL Veto 4431 NO. 136(FIN) am(efd fld) An Act relating to the establishment and operation of the Alaska Railroad Commission to determine whether sale of the Alaska Railroad is in the best interest of the state. HB 158 SENATE CS FOR CS FOR HOUSE Veto 4391 BILL NO. 158(RLS) am S(ct rls fld S) An Act relating to civil actions. HB 342 SENATE CS FOR CS FOR HOUSE Veto 4448 BILL NO. 342(RES) am S An Act relating to water quality. HB 412 CONFERENCE CS FOR HOUSE BILL Partial 4425 NO. 412(brf fld H/S)(efd fld S) Veto An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds. HB 413 CONFERENCE CS FOR HOUSE BILL Partial 4428 NO. 413 Veto 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. 1996-10-16 Senate Journal Page 4455 HB 447 CS FOR HOUSE BILL NO. 447(RES) Veto 4422 An Act relating to traditional means of access for traditional outdoor uses and to the classification and the sale, lease, or other disposal of state land, water, or land and water. HB 459 CS FOR HOUSE BILL NO. 459(JUD) am Veto 4365 An Act relating to the jurisdiction governing a trust, to challenges to trusts Sustained 4323 or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests. 1996-10-16 Senate Journal Page 4456 INDEX TO LAW WITHOUT SIGNATURE BILLS TITLE ACTION PAGE SB 308 SENATE BILL NO. 308 Law 4110 An Act clarifying a statute relating to Without persons who may legally marry; relating Signature to same-sex marriages; and providing for an effective date. This final supplement of the Senate Journal completes the official record of the Second Session and First Special Session of the Nineteenth Legislature. Nancy Quinto Secretary of the Senate October 1996