Legislature(2013 - 2014)

2014-09-19 House Journal

Full Journal pdf

2014-09-19                     House Journal                      Page 2916
HB 246                                                                                                                        
The following letter was dated August 18, 2014, and received                                                                    
August 22, 2014, at 9:45 a.m.:                                                                                                  
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Due to errors in the legislation that could impair or burden Alaskans'                                                          
property rights, and under the authority vested in me by Article II,                                                            
Section 15 of the Alaska Constitution, I have vetoed the following bill:                                                        
                                                                                                                                
      HOUSE BILL NO. 246 am S                                                                                                   
      "An Act adding additional land and water to the Creamer's Field                                                           
      Migratory Waterfowl Refuge; designating the House of                                                                      
      Wickersham as the official residence of the lieutenant governor                                                           
      and making the House of Wickersham available for other uses;                                                              
      and relating to per diem claims by the lieutenant governor that are                                                       
      related to the location of the official residence of the lieutenant                                                       
      governor."                                                                                                                
                                                                                                                                
House Bill 246 originally proposed to incorporate four parcels of                                                               
State-owned land adjacent to Creamer's Field Migratory Waterfowl to                                                             
the refuge. Although these parcels have been managed as part of the                                                             
multi-use refuge for years, legislative action was needed to clarify the                                                        
management authority of the Alaska Department of Fish and Game.                                                                 
                                                                                                                                
Unfortunately, after the bill passed, errors were discovered in the legal                                                       
descriptions of all four parcels. The most troubling is in proposed                                                             
AS 16.20.039(a)(4), where the property description in the bill refers to                                                        
"Range 1 East." The Department of Law, after consulting with                                                                    
affected agencies, informs me it should read "Range 1 West," and that                                                           
the "Range 1 East" land as described in the bill includes private and                                                           
State property not adjacent to the refuge. Although the Department of                                                           
Law advises that title to the private property inadvertently described                                                          
likely will not be clouded since the bill only covers "State-owned land                                                         
and water," the Department cannot guarantee that outcome. In my                                                                 
view, it would be unjust for a private property owner to awaken, open                                                           
the newspaper, and discover that his or her property has just been                                                              
legally described as refuge lands without notice or hearing, due to a                                                           
mistake.                                                                                                                        
                                                                                                                                

2014-09-19                     House Journal                      Page 2917
Additionally, that refuge designation or potential burden on the                                                                
property could show up in a title report should that landowner want to                                                          
sell their property. Such an outcome only chills private property rights,                                                       
something no legislator nor I intended with this legislation. I strongly                                                        
believe that Alaskans should not bear the risk, no matter how small, of                                                         
any possible title or use encumbrance on their property caused by the                                                           
incorrect description in the bill.                                                                                              
                                                                                                                                
There are two additional areas of concern. The first and most                                                                   
important relates to maintaining access to lands. The legislation                                                               
contains an exception appearing in AS 16.20.039(a)(7) that should be                                                            
in AS 16.20.039(a)(6). The exception refers to State land excepted                                                              
from the refuge as part of a right-of-way. Although the Department of                                                           
Law advises that this is unlikely to cause actual issues with the right-                                                        
of-way use, it needs to be corrected to avoid any possible access                                                               
issues. Last, according to the Department of Law, some extraneous                                                               
text exists in proposed AS 16.20.039(a)(5)(A).                                                                                  
                                                                                                                                
While I agree with the bill's intended purpose of consolidating                                                                 
management of the refuge, I am vetoing this legislation due to the                                                              
erroneous legal descriptions that can only be corrected by future                                                               
legislation. The preferable approach is to have accurate legal                                                                  
descriptions to avoid any questions about what State-owned land and                                                             
water is to be included in the Creamer's Field Migratory Waterfowl                                                              
Refuge. My Administration would welcome the opportunity to work                                                                 
with the sponsor of HB 246 during the next legislative session to pass                                                          
legislation that can address this issue in a way that will protect the                                                          
rights of private property owners - an utmost concern of myself and                                                             
our Administration.                                                                                                             
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor"