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Legislature Compelled to take Legal Action Over University Land Entitlement Bill
Anchorage -- Wednesday, the Alaska Legislature's Legislative Council voted 13 to 0 to bring legal action against the Knowles' Administration for its failure to implement a measure entitling the University of Alaska to select up to 250,000 acres of land. The bill became effective on April 21 after the legislature voted to override the governor's veto by a vote of 41 to 19. "Governor Knowles' action circumvents the balance of power that exists between the executive and legislative branches of state government," said Senator Mike Miller (R-North Pole), Chairman of the Legislative Council. "He basically tried for a second bite of the veto apple by attempting to characterize this legislation as an appropriation - a characterization strongly disputed by our own legislative legal council." Article II, section 16 of Alaska's Constitution states that "Bills to raise revenue and appropriation bills or items, although vetoed, become law by affirmative vote of three-fourths of the membership of the legislature." By calling the land grant an appropriation the governor seeks to invalidate the April 21st veto override which passed by a two-thirds margin. "The governor's stance would result in the court co-opting the legislative process," said House Speaker Brian Porter (R-Anchorage). "Our attorneys have reviewed the existing case law and feel that legislation entitling the university to select property which will eventually produce income would not fall into the category of raising revenue for constitutional purposes." Governor Knowles' decision to derail the university land entitlement bill struck several legislators as ironic. "Similar legislation has made the Texas university system financially self-sustaining," said the bill's sponsor, Senator Robin Taylor (R-Wrangell). "It makes sense to use a similar system in Alaska, especially where our declining state revenues makes a financially independent university an attractive avenue for exploration. I find the governor's actions to be incredibly ironic in light of his continual public statements imploring for more assistance for the university." Passage of this legislation increased the university's land holding by seven times. In 1907, federal law established that certain land would be transferred to what was then the Alaska Agricultural College and School of Mines. Those 112,000 acres were placed in trust to the Territory of Alaska for the benefit of the college. Upon statehood the trust was abolished and the land was given to the state. Passage of this legislation also opened the door for the university to receive an additional 500,000 acres in federal land under bills sponsored by our Congressional delegation from federally controlled land within the state. It also allows municipalities the opportunity to profit from land selections. Projects the university develops will generate local tax revenues for these communities. Today's unanimous, bipartisan vote authorizes the legislature's legal affairs department to bring this action against the administration. Attachments:
Broadcasters note: Audio comments are available on the
Majority Actuality line, 1-800-478-6540
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Senator Miller's Page
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Representative Barnes's Page
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