2002-08-14                     House Journal                      Page 4067
HB 404                                                                                            
The following letter, dated June 28, 2002, was received:                                            
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
On this date I have signed the following bill passed by the second                                  
session of the Twenty-second Alaska State Legislature and am                                        
transmitting the engrossed and enrolled copies to the Lieutenant                                    
Governor's Office for permanent filing:                                                             
                                                                                                    
      CONFERENCE CS FOR HOUSE BILL NO. 404                                                          
      "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."                                                
                                                                                                    
      Chapter No. 95, SLA 2002                                                                      
      [Effective Date:  July 1, 2002]                                                               
                                                                                                    
The FY2003 budget will continue to provide services to Alaska's                                     
mental health trust beneficiaries. One capital project this year, Crisis                            
Respite Facility Replacement Phase 1, relates to the construction of                                
the new Alaska Psychiatric Institute.  Since the new API requires the                               
demolition of the existing facility, it is important we replace the                                 
facility that provides these vital crisis respite services to beneficiaries.                        
                                                                                                    
I have made no changes to the dollar amounts in the comprehensive                                   
mental health budget bill passed by the Legislature.  I would note that                             
under the Alaska Supreme Court's decision in Alaska Legislative                                     
Council v. Knowles, 21 P.3d 367 (Alaska 2001) a governor may not                                    

2002-08-14                     House Journal                      Page 4068
veto intent or other language even if that language is unconstitutional.                            
Therefore, the fact that these language provisions remain in the bill                               
should not necessarily be construed as agreement with the content.                                  
For example, since the courts have clearly stated that the state cannot                             
deny funding for abortions when pregnancy services are funded, my                                   
administration will disregard that unconstitutional language even                                   
though I cannot veto it.                                                                            
                                                                                                    
There is a major constitutional issue relating to the language with                                 
which the legislature attempts to limit expenditures for abortions.  The                            
executive branch is already under court order in State of Alaska, Dept.                             
of Health & Social Services v. Planned Parenthood of Alaska to                                      
operate the Medicaid program in a constitutional manner by paying for                               
therapeutic or medically necessary abortions.  I will abide by the                                  
decision of the court as to whether these abortions must be paid for in                             
FY2003.                                                                                             
                                                                                                    
                                             Sincerely,                                            
                                             /s/                                                    
                                             Tony Knowles                                           
                                              Governor"