Legislature(2005 - 2006)

2005-04-08 Senate Journal

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2005-04-08                     Senate Journal                      Page 0838
SB 98                                                                                             
Message dated and received April 7 was read, stating:                                               
                                                                                                    
On this date I signed with line item vetoes the following bill passed by                            
the first session of the Twenty-fourth Alaska State Legislature and am                              
transmitting the engrossed and enrolled copies to the Lieutenant                                    
Governor's Office for permanent filing:                                                             
                                                                                                    
          CONFERENCE CS FOR SENATE BILL NO. 98                                                      
          "An Act making supplemental appropriations, capital                                       
          appropriations, and other appropriations; amending                                        
          appropriations; making appropriations to capitalize                                       
          funds; making appropriations under art. IX, sec.                                          
          17(c), Constitution of the State of Alaska, from the                                      
          constitutional budget reserve fund; and providing for                                     
          an effective date."                                                                       
                                                                                                    
                           Chapter No. 6, SLA 2005                                                 
                         Effective Date: See Chapter                                               
                                                                                                    
                                                                                                    

2005-04-08                     Senate Journal                      Page 0839
I appreciate the Legislature's prompt action in approving the "fast                                 
track" supplemental and for funding a number of the administration's                                
priorities.  This will enable important services to continue without                                
disruption to the citizens of our state.                                                            
                                                                                                    
A key commitment I made last fall was to increase funding for                                       
Alaska's schools and to make that commitment early so districts                                     
would have predictability in planning for the upcoming school year.  I                              
was pleased to see the Legislature agree to include K-12 funding for                                
Fiscal Year 2006 in this legislation even though the actual amount of                               
increase still hinges on resolving differences in another piece of                                  
legislation.                                                                                        
                                                                                                    
Based on my review of CCS SB 98, I have vetoed the following for                                    
the reasons described:                                                                              
                                                                                                    
Section 4 (h) Mt. Edgecumbe boarding school - $200,000                                            
This funding is in addition to the $600,000 to meet the room and board                              
costs for 30 additional Mt. Edgecumbe students enrolled this year.  As                              
explained in testimony before the House Finance Committee, the                                      
administration had agreed to provide the additional $200,000 needed                                 
and no formal appropriation by the Legislature was necessary.                                       
                                                                                                    
Section 7 (a) - (c), (e), (f) Gas Pipeline - $22,170,000                                          
The Legislature appropriated a majority of the funding for work on the                              
gasline to the Legislative Budget and Audit Committee instead of                                    
directly to the state agencies that are responsible for execution of the                            
Stranded Gas Act.   This raises a significant concern. First, by giving a                           
legislative committee power to contract with executive agencies to                                  
provide services that are necessary to execute the law, the legislative                             
committee is exercising executive power by supervising those                                        
agencies during their execution of the law.   This violates the                                     
separation of powers doctrine that is implicit in Alaska's Constitution                             
that gives the power to execute law to the executive branch.                                        
                                                                                                    
A second concern is that with record high oil prices we should                                      
continue to use traditional sources of funding to meet these needs. It is                           
for these reasons I have vetoed these appropriations.                                               
                                                                                                    

2005-04-08                     Senate Journal                      Page 0840
Section 7 (d) - Gas Pipeline - $1,525,000                                                         
I have vetoed the use of non-general fund earnings as a fund source for                             
this appropriation to the Department of Natural Resources for gas                                   
pipeline work.  I believe we should be using the more traditional fund                              
source of the general fund to support these efforts.                                                
                                                                                                    
Section 8 - Office of the Governor ANWR Advocacy - $125,000                                       
I am concerned that a non-traditional fund source has been used to                                  
support these advocacy efforts and as a result, I have vetoed that fund                             
source.                                                                                             
                                                                                                    
Because of the importance of these issues, I will submit to the                                     
Legislature another request to fund the department's gasline work and                               
ANWR advocacy. I will request that funds be appropriated directly to                                
the departments responsible and accountable for implementation of the                               
Stranded Gas Act and that the funding come from the state's general                                 
fund.                                                                                               
                                                                                                    
Key issues remain during the final weeks of this legislative session.  I                            
look forward to working with the Legislature in not only meeting                                    
today's obligations but achieving our mutual expectations for a bright                              
future.                                                                                             
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor