2000-03-21                     Senate Journal                      Page 2670
SB 101                                                                       
Message dated and received March 20 was read, stating:                         
                                                                               
Dear President Pearce:                                                         
                                                                               
Under the authority of art. II, sec. 17, of the Alaska Constitution, I         
am allowing the following bill to become law without my signature:             
                                                                               
CONFERENCE CS FOR SENATE BILL NO.                                             
101(3d CC) An Act relating to disasters and to the                             
disaster relief fund.                                                          
                                                                               
		Chapter 4, SLA 2000                                                         
			Effective Date: 06/16/00                                                    
                                                                               
Our current laws governing disaster response have worked well for              
many years, providing the authority to act quickly and to                      
comprehensively meet the needs of Alaskans when disasters strike.              
They also provide the appropriate checks and balances in the                   
expenditure of emergency monies.                                               
                                                                               
Senate Bill 101 was born as an attempt by some to deny state aid               
for western Alaskans following the 1998 fishery disaster, but was              
amended during the public process to make no substantive changes               
to the state's laws regarding response to disasters. The amended bill          
was overwhelmingly approved last year, including a unanimous vote              
in the House.                                                                  
                                                                               
                                                                               

2000-03-21                     Senate Journal                      Page 2671
SB 101                                                                       
The power of the executive branch to declare and respond to                    
disasters, including that which devastated Western Alaska, has not             
changed and I am prepared to respond similarly whenever Alaskans               
again are faced with the need for emergency assistance. Under this             
bill, the governor retains the authority to expend state funds for             
declared disasters with the concurrence of the Speaker of the House            
and Senate President. This is the same procedure I followed in 1998.           
                                                                               
In an unprecedented action, however, the passed bill was never                 
transmitted to me for final action as required by the Constitution. An         
error was discovered that would have required lawmakers to meet in             
special session anytime a disaster was declared. Despite repeated              
requests for transmittal by my Administration, the flawed bill was             
held through the summer and fall.                                              
                                                                               
The duty to transmit a bill that has been passed by both houses is             
ministerial in nature and should not be allowed to become a                    
convenient means to correct improvident or ill-conceived legislation.          
The danger of this precedent is obvious as it might permit presiding           
officers to thwart the will of the majority of the legislature or to           
impinge on the power of the executive or the courts.                           
                                                                               
In an even more questionable procedure, lawmakers this session                 
amended the bill to correct the error. A strong argument can be                
made that once passed, a bill is beyond the power of the legislature           
to amend it further. The process used for SB 101 is a violation of             
legislative rules and possibly a violation of constitutionally mandated        
enactment procedures.                                                          
                                                                               
The chances of litigation challenging the validity of this bill may not        
be great due to the lack of substantial change in law created by the           
bill. However, I am allowing this bill to become law without my                
signature to express my serious concern over the enactment                     
procedures used by the legislature.                                            
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor