Alaska State Legislature

News From The Senate and House Majorities

Wendy Lindskoog, (907) 258-8187
Ken Freeman, (907) 258-8164
Anchorage Legislative Information Office
Anchorage, AK 99501
web site: www.akrepublicans.org
Actuality line: 1-800-478-6540

Legislative Leaders Challenge Governor’s Line Item Vetoes

For Immediate Release: September 5, 1997 Contact: Senator Drue Pearce at 258-8185 or Representative Mark Hanley at 258-8192

Anchorage -- Legislative leaders announced Friday the Legislative Council will file suit to challenge Governor Knowles’ misuse of his line item veto authority in the FY 98 operating, capital and supplemental budgets.

Senator Drue Pearce (R-Anchorage), Co-Chair Senate Finance Committee, said the Legislature seeks to reinstate the vetoed language that sets conditions and outlines the purpose of certain budget appropriations.

"We feel the governor overstepped his line item veto power by modifying certain appropriations." said Pearce. "Through this suit, we hope to define the extent of executive power in regards to line item vetoes and restore the conditions under which we agreed to fund the requests."

"The Legislature tied money to specific actions and information to act in the best interest of the State," said House Finance Co-Chair Mark Hanley (R-Anchorage). "If the administration refused to operate a certain way, or did not want to provide us with appropriate information, then programs would not be funded. By axing the language and not the money, the governor has basically written his own budget."

"The state constitution is very specific about which branch of government has the power of the purse, and which has the power of the pen. We believe the Governor has drawn outside the lines of power with his pen," said Hanley.

Pearce noted that in one instance, an overwhelming majority of legislators voted to require the Alaska Seafood Marketing Institute (ASMI) to headquarter their senior staff in Alaska rather than in the Lower 48.

"Rather than moving its management offices and highly paid employees to Alaska, ASMI’s board of directors, in direct conflict with directives from the Legislature, has insisted upon basing these jobs in Bellevue, Washington. We have excellent marketing capabilities in Alaska and I find it disturbing that Knowles, who constantly talks about creating jobs for Alaskans, vetoed the Legislature’s Alaska hire requirement," Pearce said.

The governor also vetoed conditional language that allowed for a $120,000 appropriation for emergency repairs to the Perseverance Trail system in Juneau as long as ownership of the trail right-of-way would transfer from the State, to the City and Borough of Juneau. Currently, the State does not own any land adjacent to the trail and cannot develop any infrastructure to help offset the high cost of trail maintenance.

Senator Bert Sharp (R-Fairbanks), Co-Chair Senate Finance, noted that all other trails maintained by the State are located on State land and can be financed through revenue generating facilities like visitor centers and campgrounds. Costs to maintain the Perseverance trail system and other downtown Juneau trails continue to rise and have become a huge burden the State can no longer justify.

"There is no compelling argument for the State to continue operating trails within city limits which cost hundreds of thousands of dollars to restore and maintain when the State faces a large fiscal gap and is forced to cut back on programs," said Sharp.

The governor also vetoed language that required appropriations to the Department of Corrections Community Residential Centers (CRC's) be used to pay for "existing" CRC beds and for "new" CRC beds.

Representative Eldon Mulder (R-Anchorage) noted the legislature split a portion of the CRC appropriation into the "new" bed category so it could fully utilize new federal dollars available only for that purpose and to force the agency to bid and negotiate the best price possible.

"By removing the purpose language from these appropriations, Knowles gave himself the ability to spend the money any way he wants rather than holding down the cost of incarceration by expanding new beds in the CRC system," said Mulder.

Mike Greany, Legislative Fiscal Analyst, noted in a memo "I find the selective editing of appropriation language to change legislative purpose particularly distressing and hope they can be remedied through override or litigation. The governor continues a practice which will erode the Legislature’s constitutional primacy in appropriation powers if left unchecked.

"Letting the governor’s partial vetoes go unchallenged would be no different than writing him a blank check and letting his administration craft the budget," said Pearce. "Left unchecked, this practice will chip away at the balance of power that should exist between the administration and the Legislature in our system of government."

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Radio Actualities from Senator Drue Pearce are available by calling 800/478-6540
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