1998-07-15                     Senate Journal                      Page 4300
SB 17                                                                        
Message dated and received June 19, stating:                                   
                                                                              
Dear President Miller:                                                         
                                                                               
Under the authority of art. II, sec. 15 of the Alaska Constitution, I          
have vetoed the following bill:                                                
                                                                               
SENATE BILL NO. 17 am H An Act creating the                                   
crime of criminal transmission of human                                        
immunodeficiency virus (HIV).                                                  
                                                                               
As elected officials, we are obligated to promote public health                
policies that will reduce, and hopefully eliminate, communicable               
diseases. America has a long history of public health principles that          
have been successful in controlling the spread of disease. Integral to         
those principles is encouraging the voluntary cooperation of infected          
individuals with public health officials to stop further transmission.         
Building that trusting, cooperative environment is the very linchpin           
of public health success, without which numerous diseases such as              
tuberculosis, syphilis, and diphtheria would not have been brought             
under control.                                                                 
                                                                               
Senate Bill 17 (SB 17) flies in the face of sound, proven public               
health practice. It offers little to gain in establishing a crime that         
prosecutors would be hard pressed to use. Alaska already has                   
criminal laws on the books that address the  issue  targeted  by  this         

1998-07-15                     Senate Journal                      Page 4301
SB 17                                                                        
bill. More importantly, it offers much to lose by creating a                   
disincentive for people, out of fear of prosecution as a criminal, to          
come forward, be tested, and work with public health officials to              
identify others who may be at risk. The bill would cause this harm             
while reinforcing a climate of stigma, fear and misinformation about           
the human immunodeficiency virus (HIV). Other diseases are highly              
infectious, even more so than HIV, and are deadly. Yet no other                
disease is named in Alaska law as criminal, nor should be.                     
                                                                               
Alaska law currently contains the crime of reckless endangerment,              
which addresses any type of reckless conduct creating a risk of                
serious injury to others, whether recklessly using firearms or                 
recklessly exposing others to HIV or other deadly diseases.                    
                                                                               
As you know, this was the last bill passed by the Senate, and a                
question has been raised whether this bill was passed within the               
constitutionally limited 120-day legislative session. The clocks most          
people rely on in determining when the session ends showed the                 
motion to concur in the House amendments, and the vote, both                   
occurred after midnight. That may end up a question for future                 
litigation, but my veto addresses only the merits of this bill.                
                                                                               
HIV is a public health problem and should not be treated as a                  
criminal justice problem. Public health officials, when necessary,             
have authority to exercise public health powers which would allow              
a range of actions, up to and including isolation or quarantine of             
persons who pose a threat of spreading diseases, in those rare                 
instances when an infected person refuses or is incapable of                   
responsible action. The State of Alaska is firmly committed to                 
protecting the health of its citizens. In so doing, we must                    
appropriately balance public health needs with rights and                      
responsibilities. SB 17 dangerously upsets that balance.                       
                                                                               
Sincerely,                                                               
						/s/                                                                
Tony Knowles                                                             
Governor