nf Alaska NOV 2 2 2019 · 2019. 11. 25. · Alaska Constitution, including compliance by the legislature."2 It is undeniable that this case involves public policy considerations that

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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

FOURTH JUDICIAL DISTRICT AT FAIRBANKS

STANLEY ALLEN VEZEY, ) )

Plaintiff, ) vs. )

) BRYCE EDGMON, Speaker of the )

1Alaska State House of Representatives,)

I and CA THERINE A. GIESSEL, ) President of the Alaska State Senate, ) I individually, )

I Defendants. ~ ~~~~~~~~~~~~~)

'·"·l~ilED m Ilic lnai Couris •. 1id1(; nf Alaska hJurll1 D1slric!

NOV 2 2 2019 By _______ Dopuiy

CASE NO. 4FA-19-02233CI

PLAINTIFF'S SUPPLEMENTAL BRIEF RE: STANDING

The case now pending before the court implicates strong public policy

considerations, specifically the public's confidence in the law-making process and

in its legislators' integrity in adhering to constitutional requirements, as well as the

legislators' adherence to validly enacted statutes. In order to protect the public's

trust, the Alaska Constitution requires the faithful observance of detailed

procedures for law enactment. The Alaska Constitution defines with specificity the

mechanics of legislation. Each provision has a purpose designed to engender a

rx ~ ~ ~ ~ ~ ~.,, ~ ~ responsible legislative process worthy of the public trust. 1 And, as the Malone v.

t3 ~.....:lJ.l.l~,,.-,~,!::U vi..t.ir->v:i"'i"...:1ti - f-'< <<'"f1r,.O

~ a~ ~ ~ ~ § i I Meekins Court stated, "To be sure, the judicial branch of government has the ~ ....;3 ::<~s~~ .....l ....... t G:: z. Cl\ x CJ

:;: < g 2 - it ~ constitutionally mandated duty to ensure compliance with the provisions of the < ~"' :1 ~ ~

Alaska Constitution, including compliance by the legislature."2

It is undeniable that this case involves public policy considerations that

should be decided on the merits. It is respectfully submitted that to restrict the

public's vital interest in maintaining its legislators' faithful observance of detailed

procedures for law enactment is to shut the courthouse doors to Plaintiff in this

matter, which will virtually ensure that the leadership in the Legislature will

repeatedly call illegitimate meetings of legislators whenever the leadership cannot

by other lawful means override the policies of the executive branch of

government. As will be discussed, infra, intentionally disregarding the detailed

procedures for law enactment puts in jeopardy the legal basis of every legislative

enactment that is processed during the illegitimate meetings.

Initially, and with all due respect, it appears that the court may not fully

appreeiate the import of the usurpation of power that Defendants Edgmon and

Giessel have undertaken in conducting a pseudo-legislative session in symbol of

Defendants' resolute refusal to attend the special session in Wasilla to which they

had been constitutionally called. Rather than foresee the problems that attach to

legislation that is enacted outside of the carefully detailed constitutional and

statutory requirements, it appears that the court may have at first regarded

1 Malone v. Meekins, 650 P.2d 351, 357 (Alaska 1982); State v. A.Li. V.E. Voluntmy, 606 P.2d 769, 772 (Alaska 1980) (quoting Plumley v. Hale, 594 P.2d 497, 500 (Alaska 1979)). 2 Malone v. Meekins, 650 P.2d at 356 (citing State v. A.L.l.V.E. Voluntary, 606 P.2d 769 (Alaska 1980); Plumley v. Hale, 594 P.2d 497 (Alaska 1979); K & L Distributors, Inc. v. Murkowski, 486 P.2d 351, 357 (Alaska 1971)).

2

Plaintiffs Motion for Declaratory Judgment and Preliminary Injunction [Motion)

simply to be a partisan-based nuisance to the Legislature's leadership and the

orderly conduct of legislative business, being brought as a possible alter ego of a

governor who has not necessarily endeared himself to many Alaskans, especially

I given his controversial budget cuts.

I With the benefit of historical hindsight, it can now be seen that Plaintiffs

sense of urgency was valid. Two appropriations bills have now been enrolled in

the legislative record, contrary to the Alaska Constitution. Plaintiff has been

injured.

The court's sua sponte November 5, 2019, Amended Request for

Supplemental Briefing on the Issue of the Plaintiffs Standing [Order] indicates

that the court will consider Plaintiffs standing along with the other Rule 12 issues

that have already been briefed. At this juncture, however, the court is obviously

indicating its intention to summarily dismiss Plaintiffs suit, stating:

[P]laintiff has not alleged any facts on the face of his complaint or other filings suggesting that he has suffered any form of direct economic or even intangible injury as a result of the defendants' actions. Nor has the plaintiff established that he has met the requirements for citizen-taxpayer standing."3

Plaintiff respectfully responds that the pleadings taken all together

unmistakably demonstrate Plaintiffs citizen-taxpayer standing, as discussed infra.

Moreover, it will also be discussed, infra, that Plaintiff has interest-injury standing

3 See November 5, 2019, Amended Request for Supplemental Briefing on the Issue of the Plaintiffs Standing.

3

d ;; 0::: :.t,;;, I

W;;..,-;:ia- oc;,:;1 o::l<:z<r: :r.ic

to bring his suit, as well as standing to be declared a public interest litigant

pursuant to AS 09.60.0lO(c), Cost and Attorney Fees Allowed Prevailing Party.

However, if this court is considering dismissing the Complaint for Declaratory

Judgment and Injunctive Relief [Complaint] on the basis that standing has not

been sufficiently recited to the court's satisfaction, Plaintiff requests that the court,

instead, allow Plaintiff to amend his Complaint.4

Plaintiff respectfully submits that the court must not avoid deciding the

merits of this most important and precedential case in favor of applying an

I inappropriately strict interpretation to the question of standing.

I. Subject matter jurisdiction.

Subject matter jurisdiction is the legal authority of a court to hear and

decide a particular type of case.5 That this court has subject matter jurisdiction

over Plaintiffs Complaint is established at AS 22.10.020(b) as follows:

In case of an actual controversy in the state, the superior court, upon the filing of an appropriate pleading, may declare the rights and legal relations of an interested party seeking the declaration, whether or not further relief is or could be sought. The declaration has the force and effect of a final judgment or decree and is reviewable as such. Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against an adverse party whose rights have been determined by the judgment.

~ @~~~~~~; >;- ~ :" ~ S ;'; '.<!.~ 4 Ruckle v. Anchorage School Dist., 85 P.3d 1030, 1038 and 1039 (Alaska 2004), "[W]here plaintiffs have ;; VJ ~ ~ ~ ;'.. S} demonstrated valid reasons for amending a pleading, they will be permitted to do so;" "We have long held 'i Pd :3 () ~ ~ :' '73 I that leave to amend a pleading should be freely given and that, absent a showing that the amendment would ...., ~ S ~ ~ ~ ;f-~ have resulted in injustice, a trial court will be found to have abused its discretion in denying a motion to

::S r:: ~ "' amend." :l ii: 'Hawkins v. Attatayuk, 322 P.3d 891, 895-96 (Alaska 2014) (holding that superior court lacked subject §:' I matter jurisdiction to adjudicate title to Alaska Native townsite property.)

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For example, declaratory relief may be sought to determine the validity and

construction of statutes and public acts. 6 Also, as stated, supra, "the judicial

I branch of government has the constitutionally mandated duty to ensure

I compliance with the provisions of the Alaska Constitution, including compliance I

by the legislature.''7 The court has subject matter jurisdiction over challenges to

the validity of promulgated regulations, as in Coghill v. Boucher, 8 where the Court

reversed the superior court's denial of the citizens' preliminary injunction motion

and its dismissal of the citizens' claims in a case that challenged the Lieutenant

Governor's authority to promulgate a regulation without conforming to the

applicable provision of the Administrative Procedure Act. Also, the Court

exercised its subject matter jurisdiction over the Malone appellants' contention

that their constitutional right to free speech was denied when the Speaker Pro Tern

ruled that there could be no debate on the open nominations.9 In Abood v.

Gorsuch, the Court exercised its subject matter jurisdiction when deciding the

question of what quorum of a joint legislative session is necessary for

confirmation of the governor's appointment of department heads. 10

While these Opinions do address matters internal to the Legislature, even

"' "'~ I ~ :::- ;:) ::;-. 00 '-:i -----------

~ "'< ~ :2 ;t §; ~ 6 Jefferson v. Asplund, 458 P.2d 995, 999 (Alaska 1969) (citing Spector Motor Serv. Inc. v. Mclaughlin, ¥ ~ ~ :;-, ~ 'f ~'. ~ 323 U.S. 101, 65 S.Ct. 152, 89 L.Ed. 101 (1944);Currin v. Wallace, 306 U.S. 1, 59 S.Ct. 379, 83 L.Ed. 441 ~ ~ ~ i: < ~ E ~ (1939);Chester C. Fosgate Co. v. Kirkland, 19 F.Supp. 152 (S.D.Fla.1937);United States ex rel. Welch v. '" . ~ S :'.1 c: <>@: Farley, 18 F.Supp. 75 (D.D.C.1937)). ::5 0:: § 5'. ~ ~. ~ Jj 7 Malone v. Meekins, 650 P.2d at 356.

~ < 2 ~ '" c 8 Coghill v. Boucher, 51 l P.2d 1297 (Alaska l 973). j ~ 1 9

Malone v. Meekins, 650 P.2d at 359 (holding that the imposition of parliamentary rules terminating ~ speech on the floor of a legislative body does not violate constitutional free speech guarantees.

5

more importantly they address matters intrinsic to the Alaska Constitution. As

such, the court is compelled to uphold the Constitution, which does not imply that

the court is "meddling in the internal affairs" of another branch of government. In

filing the Complaint, Plaintiff has stepped forward and asked the court to uphold

the constitutional safeguards that ensure the fullest opportunity to debate and

I deliberate on proposed laws. 11

I Plainly, the court has subject matter jurisdiction over Plaintiffs Complaint,

which alleges that Defendants' act of civil disobedience violated the Alaska

Constitution and that the subsequent passage of House Bill 2001 and Senate Bill

2002 were invalid because the proceedings did not conform to the detailed

constitutional and statutory procedures for law enactment.

Plaintiff understands the court's Order to be discussing subject matter

jurisdiction as it relates to the court's ability to dismiss a lawsuit pursuant to CR

12(b)(l). The Order reasons that subject matter jurisdiction does not exist where

there is a lack of standing. As stated in Trustees for Alaska v. State:

Standing in our state courts is not a constitutional doctrine; rather, it is a rule of judicial self-restraint based on the principle that courts should not resolve abstract questions or issue advisory opinions. The basic requirement for standing in Alaska is adversity .12

Bowers Office Products, Inc. v. University of Alaska reiterated that the

"case of controversy" is actually an umbrella doctrine encompassing many

10 Aboodv. Gorsuch. 703 P.2d 1158, 11 Faipeas v. Municipality of Anchorage, 860 P.2d 1214, 1220-21 (Alaska 1993).

6

specific legal theories, including theories of standing. 13 But, the Bowers Court

importantly noted that the term "case of controversy" is used to describe a

constitutional limitation on federal court jurisdiction and that the Alaska court

should first look to its own precedent and statutes. 14

It is troubling that the Order apparently retreats to the more restrictive

notions of standing embodied in federal case law and the Federal Rules of Civil

Procedure. 15 The Coghill Court stated that the Alaska Court has departed from a

restrictive interpretation of the standing requirement. 16

However, when applying to this case the concept of standing as it is broadly

interpreted by the Alaska Court, 17 Plaintiff clearly has interest-injury standing

inasmuch as he, as well as all Permanent Fund Dividend [PFD] applicants and all

citizens of the state stand to lose the economic benefit of the legislative

appropriations that are in jeopardy due to the Defendants' failure to confonn to the

detailed constitutional procedures for passing legislation. 18 Plaintiffs interest-

injury standing will be discussed further, infra.

Similarly, Plaintiff also has citizen-taxpayer standing to litigate his vital

interest, as well as the vital interest of all citizens of Alaska in maintaining the

0 "' 0::: 1-l-l C\

Ul;.. :J °'- ix:: ;::; I ;2 "; (ii ;:l ~ 3 " 2 Trustees for Alaska v. State, 736 P.2d 324, 327 (Alaska 1987).

~ F ~ :;: ~ ~ ~ ~, :: Bowers Office Products, lnc. v. University of Alaska, 755 P.2d 1095, 1096 (Alaska 1988). :;; < >: 2' :;l:;; ! ~ Bowers Office Products, Inc, v. University of Alaska, 755 P.2d at 1096. ,_, (/) ~ " ' "T t- ;. 15 ::::: • ~ ::i (/) ;;.: g .B- See Order at page 3, note 9 . .,.. ~r._ 0~ 0 ---'::I 16 C h'// h 511 P2d 1 .J ..., !:' u. z ~. x B og 1 v. Bouc er, , . at 303. .... < < <:::: 17 ;;: « g;"' u. 'o Trustees for Alaska v. State, 736 P.2d at 327.

~ "' ~ 18 Inasmuch as standing in Alaska is a judicially created rule of self-restraint, Plaintiff suggests that the ~ "- court might recognize yet a new category of standing, i.e. citizen-PFD standing.

7

integrity of the legislative leadership's compliance with detailed constitutional

rocedures for passing legislation and creating law. This precept of law applies to

acts appropriating public funds.

Moreover, inasmuch as his claims are constitutional, this court must in due

course find that Plaintiff is a public interest litigant. However, for the purposes of

Plaintiff's standing to sue, the court should not be concerned with the application

of fee shifting on the basis of Plaintiff's public interest standing. Also, for the

purposes of determining standing, the court should not be concerned with the truth

of the allegations or the merits of the legal arguments. Rather, the sole issue

regarding Plaintiff's standing to bring his Complaint is discussed, infra, which is

where the focus needs to be.

II. Interest-injury standing.

Plaintiff recited standing in the Complaint where he averred that he has

been a resident of Alaska for over 40 years. Plaintiff's residency should be

sufficient to establish interest-injury standing due to his reasonable apprehension

that the budgetary appropriations in Senate Bill 2002 and in House Bill 200 I are in

· eopardy as a result of Defendants' liability in ensuring that the appropriations

~ g ~ ~ ? ~ g;: g were not lawfully enacted. Plaintiff is entitled to the public benefit of State

Vl ~ ~ ?-; .... "¢ °' ~-u.l , l _, w..; :::.:: •r, r'\ ;:U

~ ~ 1-- ~ ~ :f: r'1 ,£ ~ !;: ~ tr::;;!:;!:~~ appropriations (as are all Alaskans) . ._. U) :'.-- N • ..q !::: r:::

~ .~ s~~o;©

:S ~ ~ ~ ~ ~ ~ ~ Adversity plainly exists. Plaintiff filed suit to protect, inter alia, his < r::: ~ - -_, < _, u. - economic interests, as well as, parenthetically, the interests of all Alaskans. In

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addition to being a resident of Alaska, Plaintiff is also a Permanent Fund Dividend

[PFD] applicant and recipient, as well as a tax payer. See Affidavit of Stanley

Allen Vezey.

The facts establish that Governor Dunleavy's June 13, 2019, Proclamation,

in which Governor Dunleavy called the Legislature to a second special session to

commence in Wasilla on July 8, 2019, designated several purposes, including

funding and payment of the PFDs. 19 The Complaint alleges that Defendants held a

meeting of legislators in Juneau that began on July 8, 2019, which meeting was

not a legally constituted legislative session. Adversity plainly exists and is

reaffirmed in Defendants' Motion to Dismiss Pursuant to Legislative Immunity;

Civil Rule 12(b)(2); Nonjusticiability; and Civil Rule 12(b)(6). as well as in

Plaintiffs Reply.20 The economic implications to Plaintiff and to all Alaska

citizens will be enormous. Interest-injury plainly exists.

The Alaska Constitution, Art. 2, § 9, Special Sessions, authorizes the

governor to call a 30-day special session of the Legislature. Article 3, § 17,

I Convening Legislature, authorizes the governor to convene the Legislature. Both

action verbs connote a spatial concept of time and place, i.e. when and where. v 0 0:::: lU &::. :ii~ ~ ~ .;:: ll Implicit in the governor's constitutional power to call a special session is the

r/) ~j t:S~~~ ~J C , r ~ V'l ""'f" l"l '-' ii:~< <~~v-.f_; ::.. < >- ::r::;: ;;..~:: .:::! 1-----------0 Cl) u.r f--. ;:t r-- ;:;; 19 • > z ~ :.n- ......_ eo ,,, Appendix 1 . .- .~~~r-.C'@J20

:J ~ f2 fi: 3 ~ X ~ Defendants' Motion to Dismiss asserts that, under the separation of powers doctrine, the governor may ~ '.< g; ;§ ~ ~ not dictate the location of a special session and that, absent the Legislature's assent, the special session :J ~ :;i

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shall be held at the capital. See Motion to Dismiss, Part E of the Argument and beginning on page 23. :! u.. Plaintiff is directly adverse to Defendants' position in that regard, as discussed in Plaintiff's Reply at pages

2':: 121-22 and 32-33, which adversity goes directly to the heart oftl1e lawsuit now pending before this court.

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overnor's power to designate the date and the location of the session. This is

einforced by AS 24.05.lOO(a)(l), which grants to the governor authority to call

he Legislature into special session, and AS 24.05.lOO(b), which states that the

overnor shall state the location in the proclamation. However, because

efendants refused to attend the second special session but, instead, held mock

roceedings in Juneau in which they purported to deliberate on appropriations, the

appropriations in SB 2002 and HB 2001 were not lawfully passed and are in

· eopardy from future legitimate legal challenges.

SB 2002 "passed" in direct violation of Alaska Const. Art. 2 § 10,

djournment.21 SB 2002 appropriated $176,751,829.00, which proceedings

iolated the Constitution and which appropriations are thus invalid by virtue of the

fact that both houses adjourned for more than three days without the concurrence

of the other. Plaintiff is directly affected by this appropriation but stands to be

rarmed and not benefited when the appropriation is unlawfully passed, as is the

case at hand.

Similarly, HB 2001 purported to appropriate money for payment of the

FD checks, among many other appropriations. The proceedings were held in

iolation of the Governor's power to call the legislators to a special session. Also,

. 2, § 14 of the Alaska Constitution provides that, among other formalities, no

1 Alaska Const. Art. 2, § 10, Adjournment, reads: "Neither house may adjourn or recess for longer than hree days unless the other concurs. If the two houses cannot agree on the time of adjournment and either 1ouse certifies the disagreement to the governor, he may adjourn the legislature."

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rm may become law until it has passed three readings in each house on three

reparate days. The Defendants' failure to comply with Art. 2, § 14 is not a minor

1'nformality. Section 14 of Art. 2 is a formal safeguard that underscores a vital

ublic interest in ensuring that laws be made by informed lawmakers.22 HB 2001

as purportedly read for the first time in Juneau on July 8, 2019, during a meeting

of legislators that did not constitute a legislative session and while 16 legislators

ere in Wasilla. The so-called passage ofHB 2001 was not in conformity with the

constitutional requirements for legislative action. 23 The impact of the invalid

I appropriations, including the payment of the PFD will harm each recipient when

lhe appropriations are challenged legally. In 2019, the PFD recipients likely

umber approximately 670,759,24 which is 91 percent of Alaska's population.

Copies of HB 2001 and SB 2002, as vetoed, are attached hereto as

A. endix 2 and Appendix 3, respectively.

The economic ramifications to Plaintiff and to the public's interests are

significant. The form of this injury is multiple. In addition to the one billion sixty-

eight million dollars ($1,068,000,000) appropriated to pay for an estimated

631,000 PFDs, there is the erosion of our constitutional form of government.

0:.:: ;.:.J 6:. ~ ~ ~ ~ g; 11 Plaintiff has stepped forward to obtain a ruling on the merits which will declare

~ ~..: u.i;,,.,:: :7; "';°'. e.o ~ ~~ ~~:'ffri] 5 '< G; i= :;l ~ ~ ~ hat (1) the July 8 through July 16, 2019, meeting of Defendants was not a "U)z_~vJ.~='J, ;::: • e:::: ::i :::t r-- °'· @; :5Ct::1=f2z§;Xe

- f- '"" < ~ < 2: 1------------2< < Q ::OW.. c 2 ::; <- "' I Faipeas v. Municipality of Anchorage, 860 P.2d at 1221. ~ if 23 See North Slope Borough v. Sohio Petroleum Corp., 585 P.Zd 534, 543 nl I (superseded on other grounds

:3: in State, Commercial Fisheries Entry Com 'n v. Carlson, 270 P.3d 755 (Alaska 2014)).

11

I

!constitutionally and statutorily valid legislative session and that (2) none of the

urported appropriations in SB 2002 and HB 2001 are legally binding. The court's

uling on the merits will clarify that the governor has the constitutional power to

call a special session at a time and place designated by the governor and will also

signal to the Thirty-First Legislature that it must rectify matters in the time

remaining before the Thirty-Second Legislature is constituted.

Plaintiffs economic interest in receiving a legally valid PFD check is in

serious jeopardy of being voided and return demanded or debited to Plaintiffs

account. Plaintiffs interest-injury standing does not need to wait for the

anticipated harm to materialize before bringing an action to protect his rights.25

And again, if this court is considering dismissing the Complaint on the

basis that interest-injury standing has not been explicitly recited to the court's

satisfaction, Plaintiff requests that the court, instead, allow Plaintiff to amend his

Com laint. 26

III. Citizen-taxpayer standing.

Plaintiff also has citizen-taxpayer standing to bring this suit, which also

entails the constitutional claims litigated by Plaintiff in behalf of the public 0 i2 0::: i-1.l °' :;: i!; ~ ~ ~ 1l interests. See Affidavit of Stanley Allen Vezey.

-1) ~..J~~:1i~2j b_·~ w..J f-, > U:: "T f'I () t::.::: <--<'t1r;..C t±: <>-~~Ci~~ :? VJ~~ vl::,s ~ ~ ,..,;3 g~·SS~

In Alaska, citizen-taxpayer status is a sufficient basis on which to challenge

.....l ~!:: l..L.z~x '.J

~ < °'a a: s r-------------------------------< R"' " 4 The number of Alaskans who receivedPFD checks in 2018 was 670,759. j ~ 5 Ruckle v. Anchorage School Dist., 85 P.3d at 1040.

;;:: 6 Ruckle v. Anchorage School Dist., 85 P.3d at 1038 and 1039.

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allegedly illegal government conduct on matters of significant public concem.27

First, the case in question must be one of public significance. Second, the plaintiff

must be appropriate in several respects, e.g. that there is no one more directly

affected than plaintiff, that adversity exists, and the plaintiff is not a sham plaintiff.

!Further, the plaintiff must appear capable for economic or other reasons to

competently advocate the asserted position.28

As discussed in Part II at pages IO and 11, supra, the ramifications of the

economic damage to Plaintiff and Alaska's citizens are enormous. Even more

significant is maintaining the public's confidence in the law-making process and

in its legislators' integrity in adhering to constitutional requirements, as well as the

legislators' adherence to validly enacted statutes. Again, the court's ruling on the I 1

merits of the Complaint will clarify that the governor has the constitutional power

to call a special session at a time and place designated by the governor and will

also signal to the Thirty-First Legislature that they must rectify matters in the time

remaining before the Thirty-Second Legislature is constituted. which will restore

Plaintiff and the citizens of Alaska to the level of trust in their legislators that they

possessed prior to July 8, 2019. As such, Plaintiffs suit is of great public

Plaintiff is a most appropriate litigant in this matter. There is no one more

directly affected by Defendants' acts in violation of the Constitution and no one

1

27 Trustees for Alaska v. State, 736 P.2d at 329.

'

13

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more directly affected by the loss of trust in the legislative leadership than

Plaintiff. The court's Order states that "there appear to be other potential plaintiffs

who have been more directly affected by the defendants' actions."29 Although the

Order thereby implies that the court does indeed see a sustainable cause of action

in this matter, the Order gives no hint which "other potential plaintiffs" might be

more directly affected than Plaintiff. By law, the Executive Branch cannot be one

of those other potential plaintiffs.

Arguably, Governor Dunleavy may be more directly affected. But, the

Alaska Constitution, Art. 3, § 16, expressly bars the governor from suing the

Legislature. 30 It is also unreasonable to think that the Legislative Council would

bring suit on the stated claims because both Defendants are Members of the

Legislative Council. In fact, a majority of members of the Thirty-First Legislature

were complicit in attending the ad hoc meeting in Juneau beginning July 8, 2019,

and also attended the second special session that was convened in Juneau from

July 17, 2019, forward when the purported appropriations were "passed" in

nonconformity with the specific constitutional requirements. Notwithstanding a

legislator's status as a citizen, the Alaska Supreme Court has previously denied

0::: L!.l 7> U1 ~ ::; :;... 00 ti 1---------------------------------c::i :.-- z --:r:: '4--28

~ "':3 cil"' ;\:;; ~, Trustees for Alaska v. State, 736 P.2d at 329-30. W..:u.J >U'J-'"'-29 ;:;: r- ~ :.:i: < i" ~ ,e Order at 4. ~ \:;'. C, i: :;l :;;1 :": ~ 30 legislative Council v. Knowles, 988 P.2d 604, 609 (Alaska 1999). The Order at page 2 fu 7 cites to '""t/)-o::: ....... ~ --"' . ~ ::o ::J ,:o ~@: !Keller v. French, 205 P.3d 299 (Alaska 2009). Although the Opinion of the Keller Court discusses the ..l o,; E 2 '.;O ~ ':;; ~ .concept that Governor Palin did not intend to sue the Legislature, nowhere does the Court state that the

~ "° g :2 "' 'c governor could lawfully sue the Legislature. The holding in legislative Council v. Knowles is contrary to :J 1 the idea the governor could have been a litigant. Clearly, Legislative Council v. Knowles actually confinns ~ -

14

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"usticiability in cases deemed to be disputes between legislators.31 As such, a

legislator has citizen-taxpayer standing only equal to any other citizen-taxpayer.

That leaves only the aggrieved citizens to bring suit on Defendants' illegal acts.

And, no citizen is more qualified than Plaintiff to bring this suit. To date, no other

citizen of Alaska has advanced Plaintiffs constitutional claims. Plaintiff is most

certainly not a sham plaintiff because, as discussed, supra, adversity certainly

exists between the parties. 32

Finally, Plaintiff is a former State representative and is an experienced

litigator. Plaintiff has litigated numerous suits, as well as appeals.33 The extensive

pleadings already filed in this case indicate that Plaintiff is capable and competent

to continue to litigate this matter.

Plaintiffs citizen-taxpayer standing m this matter is beyond reasonable

dispute. If the court is inclined to dismiss the suit because the Complaint does not

sufficiently alleged citizen-taxpayer standing to the court's satisfaction, Plaintiff

again requests leave to amend his Complaint.

IV.Conclusion.

For the strongest possible public policy reasons, the court should decide

0:::: \.l.l b:: ~;;.. :::.:i °' 00 'i3 ---------------------------------CC :;f -z < oo~

i2 :;j..; Pi:<:;!;~ & the prohibition established in Art. 3, § 16 of the Alaska Constitution that bars the governor from suing the u r>v;~f',~L"l ;';" ~ '< < < 1 tr, -e egts ature. ,,. <' ,_ ::r:...) °'., 0 I" ,, I ,, k" C ,;.:, ;.:.; r ~ ;g ;::- ~ Jna one v. 1nee lns, 650 P.2d at 359. ·· v,z "'"'- 0 ' 32 S N 20 ~ .~ ::i~~e® ee ote ,supra . .J ~ ~ ii:'~~:;::~ 33 Plaintiff appeared as a party in: 4FA-03-0ll55CI, Other Real Estate Matter; 4FA-04-00358CI, Other

~ < i2 :;J "- ° Civil Complaint; 3AN-91-08539CI, Other Civil Complaint; 3AN-91-08542Cl, Other Civil Complaint; j ~ 4FA-95-01383CI, Quiet Title Action; 4FA-18-03111CI, Other Tort; 4FA-10-01372CI, Appeal from the

~

15

this case on the merits. At the very heart of this adversarial action is Defendants'

unsustainable contention that the leadership of the Legislature has the right to

override the governor's Proclamation for a 30-day special session as to the place,

date, and time, and possibly even as to the subjects and legislation designated for

consideration at the special session. The consequences to all Alaskans of

Defendants defying the Constitution has been that the appropriations set forth in

HB 2001 and SB 2002, including the PFD payments are in legal peril.

To dismiss Plaintiffs case on a strict application of standing rather than the

broad interpretation that the Alaska Court employs is to run the risk that this

important constitutional issue will continue to recur and evade review. For the

court to continue to withhold judgment on to this issue is, in practical effect, to

silently approve of the Defendants' unconstitutional and unlawful tactics.

One is reminded of the lawsuits repeatedly presented to the courts

challenging the presidential power to start the Vietnam War and asking the courts

!to settle the question of whether the undeclared war in Vietnam was

unconstitutional. In case after case testing the war's constitutionality the courts

~ !rejected the cases on the rationales of standing, nonjusticiable political question, or

~ ~ ~ ! ~ g because there was no legal standard for judging the cases. The Justice Department tJ; ~_:(.!.l~~~-10 2 ~"- >VJ4-r:1 e,.)

± '< ;: i ~ ; ;!_ ~ activelv litigated against resolving the constitutional question. Thirteen members o(J)wr -:tr-.8 "' > Z~v).-O<I:-~ .~::i:::t::r--'='_@;

:S ~ ~ ~ ~ ~§ ~ of the U.S. House of Representatives unsuccessfully sued on the basis that the <'( r--. ~ - -......) <I'. d µ..

;s= District Court; Supreme Court appeals SI 1353 and S09440, as well as Petitions for Hearing in Sl3981 and

16

!members were deprived of their power to vote on a war declaration. Of the 26

cases that had been taken to the U.S. Supreme Court, none were decided and all

but one was turned aside without review. To many, the United States Supreme

Court's intractable silence has been seen as its condoning the Vietnam War.

Defendants' should be held accountable for their unlawful conduct. The

court should not, by its silence countenance Defendants' unlawful acts.

Plaintiff has interest-injury standing, taxpayer-citizen standing, and public

linterest standing, as well as citizen-PDF standing if the court is so inclined. To

I date, no other claimants have come forward. There is no one better positioned than

Plaintiff to litigate this important constitutional issue.

Time is of the essence. Without a resolution of the core question, the

legislative uncertainty will taint the acts of the Thirty-First Legislature into the

distant future. The Thirty-Second Legislature will fonn a changed body of

legislators with a change in legislative goals and objectives. Plaintiff, as well as all

citizens of Alaska, have had their interests injured and have citizen-taxpayer

standing to demand that the Defendants lead the Thirty-First Legislature to redress

the invalid appropriations and to restore Plaintiffs trust in the law-making

17

:js

DATED this Z2 day ofNovember, 2019.

THE LA ~FFICES OF WILLIAM R. SATTERBERG, JR.

William R. Satterberg, Jr. Alaska Bar No. 7610126

Attorney for Stanley Allen Vezey

18

~cutive <Procfamation 6y

<}overnor 9rlicliae[ J. <Dunfeavy Under the authority of Article Il, Section 9, and Article Ill, Section 17, Constitution of the State of Alaska and in the public interest, I call the Thirty-First Legislature of the State of Alaska into its second special session in Wasilla, Alaska, at I :00 p.m., on July 8, 2019, at the recommended venue of Wasilla Middle School, to consider passage of bills on the following subject:

An appropriation bill that transfers the amount authorized under AS 37.13.145 (b) from the earning reserve account (AS 37.13.145) to the dividend fund (AS 43.23.045 (a)) for the payment of permanent fund dividends and for administrative and associated costs for the fiscal year ending June 30, 2020.

Dated this /3~ay of June, 2019.

Time:~p.m.

Michael J. Dunleavy, Governor who has also authorized the seal of the State of Alaska to b<l affixed to this proclamation.

The following pages show the Governor's line item vetoes and reductions. To view the complete text before the changes, click on the enrolled version.

APPENDIX2

AN ACT

1 Making appropriations for the operating and Joan program expenses of state government and

2 for certain programs; capitalizing funds; making supplemental appropriations,

3 reappropriations, and other appropriations; making appropriations for the operating and

4 capital expenses of the state's integrated comprehensive mental health program; and providing

5 for an effective date.

6

7 (SECTION I OF THIS ACT BEGINS ON PAGE 2)

-l- SCS CSHB 2001(FIN) am S

1 * Section 1. The following appropriation items are for operating expenditures from the

2 general fund or other funds as set out in section 2 of this Act to the agencies named for the

3 purposes expressed for the fiscal year beginning July 1, 2019 and ending June 30, 2020, 4 tmless otherwise indicated. A department-wide, agency-wide, or branch-wide tmallocated

5 reduction set out in this section may be allocated among the appropriations made in this

6 section to that department, agency, or branch.

7

8

9

Allocations

* * * * *

Appropriation

Items

*****

General

Funds

10 11

* * * * * Department of Administration * * * * *

***** *****·

Other

Ftmds

12 /l'J'~t!rl!·~e ~C~outtnunk-atfons-8eR'iee<es.-------±2"',7""'16;6GO 2, 716;60u---:=:::::==,...--13 Public Br·;o;addic;a!Ss'fl1ng-___ _ 46,700

14".i'.:~C~o;mm~~is~s~io~n~~:::~~~~~~~~~~~~~~ 15 ublic Broadc, 10 2,036,600 16 ie-Breadeltlt~lli~g--<T-.'~l-. ~~~*63~3~,3....,991~~~~~~~~~~~~---=:::::::,__

17~:~=~ttl~-A:~~~;ea~~~-~8~e~n~·i~~~es~~~~~~~~:~::~===~~~~~,~~~;~~~~~~=== 18 Office of Public Advocacy

19 · ttclei• Ageney 579,80

***** ***** 20 21 22

* * * * * Department of Commerce, Community and Economic Development* * * * *

***** ***** 23 Community and Regional Affairs 450,000 450,000

24 Community and Regional 450,000 25 Affairs

26 2:·::ea.fuocl-Mitffiet4ng-lns-titute 27 !~?eafood Marketing

28 --i ·le

209,GGG

***** ***** 29

30 31

* **''*Department of Education and Early Development** * * *

* * * * * * * * * *

SCS CSHB 2001(FIN) am S, Sec. 1 -2-

Appropriation

2 Allocations

3 Education Support and Administrative

4 Services

5 Early Learning Coordination 8,847,700

6 Alaska State Council on the Arts

7 Alaska State Cowicil on the 3,869,600

8 Arts

10 64,400

11 School

12

13

14 ~qi!affi·

15 Alaska State Libraries, Archives and

16

17

18

Museums

Online with Libraries (OWL)

Live Homework Help

19 lH>Hsfrien an Pestsee6'11

20 Education

21

22

Program Administratio '

*****

670,900

138,200

66,800

Items

8,847,700

3,869,600

809,100

*****

General

Funds

8,847,700

704,400

809,100

23

24

25

* * * * * Department of Environmental Conservation * * * * * ***** *****

Other

Funds

3,165,200

26~~~~~~~~~~~~~~~~~~~·~0~0~~~~~~~3,:42~~~ 27 Water Quality, 3,426,000

28 Infrastructure Sup

29 °£

30 ***** ***** 31

32

* * * * * Department of Fish and Game * * * * *

***** 33 Commercial Fisheries

***** - • ..::Jb?,/lDO ."7"f,M9,606

~~ 1,645,800- 203,200

SCS CSHB 2001(FIN) om S, Sec. 1 -3-

,,...,

1 Appropriation General

2 ~tious Items Funds

Southeast Region Fisheries 3'l,100

3 ~00-

4 Management ,,,..~ oco

5 Central Region Fisheries 2se:1e&-6 Management

MJtJlf/3CO 7 A YK Region Fisheries -3-5£';266-

8 Management ,--.VL{7,1c=

9 Westward Region Fisheries 264,799-

10 Management ,,...~3,2=

11 Statewide Fisheries 65,309-

12 Management

13 fl'Hemmereial 'Fishei>iBH Entrf 2,70

14~mnrni5Sffi.R 15 Sport Fisheries 279,800

16 Sport Fisheries 276,400

17 Sport Fish Hatcheries 3,400 /""' '("'" (}.v12 ,, ice. 18 Wildlife Conservation

~;;.;, 1-soc -963,899 -1-4G;QOO-

19 Wildlife Conservation 96J,goo

20.11>~.1bit.1t 21 t1<'liatii

292,'TOO 2W;91l

22 M~tate Subsistence Rese111 eh 195,609 195,66-0

23 /l'll.z:::&tt!~ee Researeh 195;60

***** ***** 24

25

26 * * * * * Department of Health and Social Services * * * * * * * * * * *****

Other

Funds

279,800

823,800

27~=~·:·4~r=u:l~Il~e~a;lt~I1~~~~~~~~~~~~~~~~~~~~~~h-l,§0~~'~00~9~~~~~6~,l~O~O;OO=~~~~~~ 28 Behavioral Health Treatment

29 fi ' 30~ttle-Jullfl•~e~e-------------"2~,~006;001Aa--2~,.i.eo6;{ttlwa>-------31'1~ Nome Youth-Faci·!i'"'-ty------"2'-'-',006;60lfl-----------------

321'f~~1'hl~n~eee-------------'7~,~4'T~l~,2~9MOl---~'T~,4~'T~l....'J-,201fl------33 ~Aclttlt Plffil:ie-fulstsifttt1,,.,..----"lc,'4-4'1'7Jf"",2"10lA----------------


1 Appropriation

2 Allocations Items

3 Senior Benefits Payment Program 20,786,100

4 Senior Benefits Payment 20,786,100

5 Program

· "ties Set"i'iees

7 Governor's Cowici on 49, 100

8 Disabilities and S

9

10 Human Services Community Matching

11 Grant

12 Htiman Services Cornmwiity 1,387,000

13 Matching Grant

14 Community Initiative Matching Grants

15 Cornrnwiity Initiative 861,700

16 Matching Grants (non-

17 statutory grants)

18 Medicaid Services

41),

1,387,000

861,700

General

Funds

20,786,100

1,387,000

861,700

I

Other

Funds

19 +MedieaiEl 8ertiees 50,ElO(T;tlfJfl---------------~ 20~--i"ttltt~'v'e-B~tl*al1----~27~,tt0•0·~.~B---------------~

21~ MeEliouiEl 8ervie

22

23

24

***** ***** *****Department of Law*****

***** ***** ~~3 <;oo "'i"533 1Soo 25 Criminal Division ~.osB,'.JOo· +,658f.«}6-

26 ·~-:fttrld~ie~iarll~D~i~st~ti~e~t ----~-~B~3:619B-----------------,..,..yv $33',Soo

27 Second Judicial District ~

80,'i'OO 28 /\-4hird Judieittl Dbtdet.

29~~Aneheftltte--------------------------~

30~tte~l43~~i~e~t:-----~9H2~,QffiQIH----------------31"1~tside J\neoo·fE' tge----------------------32/lf{ Futtrf:h-,J'11tlteiaf-Bi-strie1------..a,.,..2,_.,,s8fl---------------

33¥crimiad Appeals/Speeittl,..-----':.19'+! ;i,,9100----------------

SCS CSHB 200l(FIN) am S, Sec. 1 -5-

I

2

3 ~Litigt1tio1 4

5

Appropriation General

Allocations Items Funds

* * * * * ***** *****Department of Military and Veterans' Affairs*****

Other

Funds

6 ***** _ _/"" ""t'f'°"'' 000 />-'JI' *****

7 Military and Veterans' Affairs 198190().. 100,000 -9&,900-

8/)-~4ffiee of l:he Co1n111issiener-----91!l-:9IOO-----------------

9 Veterans' Services 100,000

'12,300

***** ***** 13

14 * * * * * Department of Natural Resources * * * * *

~~~:::~n-&-£if~m1·t S:t :i~: * ~~ 4{i:::::f~:~niform l~§,960 ::~~-·&~-~ 21 ~=,~and,..&!o0-1\11f-lmat~err------+l.,;,O:>tOll:i0""1,00G .~

rv-f11. ,7 '/!./1700 "'r ::-1 11,~/3 oo 22 Agriculture ~ 2,483,900

***** 165,960 165,960

l,000,000

23 Agricultural Development 1,206,000

24 North Latitude Plant 1,538,700

25 r!'1aterial Center

J ,A99;Q09

580,400

26 /l't Ag1icttltu1c Revolving Lo,m 319,600

27f1r-PFegfatli-AGHffittittfll~·sHtr~attlittOflfl-------------------------28

29

30

if * * * * ***** * * * * *Department of Public Safety * * * * *

* * * * * *****

3:::::~~tt~ie~S~n£~e~t)~O~ffi~e~e~1~P~1~o~g~1.~11~1n-1~:~:~::::3~,0~0~0;0§9~0~~~~3~,~09~0:· ·:0:0 ::::==~ 3 2 Village Public Safety

3



2 Allocations Items Funds

'1-&n-Dmuilttfu.--¥iolenee-and-----..........:i2u;;51o;eoo--_,2.,,so;eoo

4 Sexual Assault

5 Council on Domestic

6 /lo enee !111

10

11

12

250,000

1:50,066 256,666

2MJ,@(;lfl:

***** ***** * * * * * Department of Revenue * * * * *

***** *****

Other

Funds

13::~:a~F:~:R~n~a~ao;n~t~F~u~n~d~C~0~1~~0~1~·a~ti~m~1~~~~:S,~29~6,JG~~~~~~~~==:·:ll--~ 14 APFC Investment Management

15

16 * * * * * * * * * * 17 * * * * * Department of Transportation and Public Facilities * * * * * 18

19~Bffi

20

21 Aviation

22

23 and Aviation

***** *****

21,300

24 Southcoa:sslt~~ln1 8,600

25~::amhA¥iallieH----------------=-26~a .. ine Higm1u1·-a,~•-"S"")~st""e~u·----------"~, OOfoO•A6---"S-A,Of}6;6f}1n-------27~vforinc Vessel Ope·-ra~t.;..io-1-15----'5'-',0"'0"'0,..,,6"'6"'6"-----------------

* * * * * ***** 28

29

30

* * * * * University of Alaska * * * * * ***** *****

31 University of Alaska 110,253,100 110,253,100

32 Budget Reductions/ Additions 110,253,100

33 - Systemwide

SCS CSHB 200l(FIN) am S, Sec. 1 -7-

~, '~

1 Appropriation General Other

2 Allocations Items Funds Funds

3 ***** ***** 4 * * * * * Judiciary * * * * * 5 * * * * * *:Pi* * , ,... } I 1(,,J0/1o0 ~"/,(,./ 0 /1;.?D 6 Alaska Court System dr., -+,944;900- +,944;900-

f'n liO/\ICO 7 Appellate Courts HS,500

8 Trial Courts 1,258,900

9 Administration and Support 240,500 f'-jp-~l{ lfoo f""{l;tf,4oo

10 Therapeutic Courts ""i'rTJ.r. 400

1 s'.t00 -t8H;460-' 11 Therapeutic Courts !88

1486 '

12 Commission on Judicial Conduct 8,300 8,300

13 Commission on Judicial 8,300

14 Conduct

15 Judicial Council 26,800 26,800

16 Judicial Council 26,800

17 (SECTION 2 OF THIS ACT BEGINS ON THE NEXT PAGE)


1 * Sec. 2. The following sets out the funding by agency for the appropriations made in sec. 1 of

2 this Act.

3 Funding Source

4 Department of Administration

5

6

7

8

1004 Umestricted General Fund Receipts

!005 General Fund/Program Receipts

I 092 Mental Health Trust Authority Authorized Receipts

***Total Agency Funding***

Amount

3,383,300

1,800

3,200

3,388,300

9 Department of Commerce, Community and Economic Development

10

11

1004 Umestricted General Fund Receipts

1108 Statutory Designated Program Receipts

12 ***Total Agency Funding***

13 Department of Education and Early Development

14

15

16

17

18

19

20

21

22

1002

1003

1004

1005

1007

1066

ll08

1145

1226

Federal Receipts

General Fund Match

Unrestricted General Fund Receipts

General Fund/Program Receipts

Interagency Receipts

Public School Trust Fund

Statutory Designated Program Receipts

Art in Public Places Fund

Alaska Higher Education Investment Fund


24 Department ofEnvironmental Conservation

25 1205 Berth Fees for the Ocean Ranger Program

26 *** Total Agency Funding *** 27 Department of Fish and Game

28

29

30

31

1002 Federal Receipts

1003 General Fund Match

I 004 Unrestricted General Fund Receipts

1005 General Fund/Program Receipts

-9-

450,000

209,600

659,600

806,600

693,500

9,518,600

263,100

104,300

31,700

2,321,600

30,000

138,200

13,907,600

3,426,000

3,426,000

619,900

1,500

1,535,300

20,500

SCS CSHB 2001(FIN) am S, Sec. 2

1007 !nteragency Receipts 37,100

2 1018 Exxon Valdez Oil Spill Trust--Civil 500

3 1024 Fish and Game Fund 567,800

4 1108 Statutory Designated Program Receipts 81,500

5 1109 Test Fisheries Receipts 12,500

6 1201 Commercial Fisheries Entry Commission Receipts 14,300

7 *** Total Agency Funding *** 2,890,900

8 Department of Health and Social Services

9 1002 Federal Receipts 35,900

10 1003 General Fund Match 84,475,700

11 1004 Unrestricted General Fund Receipts 25,034,800

12 1007 Interagency Receipts 7,300

13 1092 Mental Health Trust Authority Authorized Receipts 5,900

14 1254 Marijuana Education and Treatment Fund 6,100,000

15 ***Total Agency Funding*** 115,659,600

16 Department of Law



19 Department of Military and Veterans' Affairs

20 1002 Federal Receipts 98,900

21 1004 Unrestricted General Fund Receipts 100,000

22 1101 Alaska Aerospace Corporation Fund 42,300

23 ***Total Agency Funding*** 241,200

24 Department of Natural Resources

25 1002 Federal Receipts 1,559,900


27 1005 General Fund/Program Receipts 540,900

28 1007 lnteragency Receipts 20,500

29 1021 Agricultural Revolving Loan Fund 398,900

30 1153 State Land Disposal Income Fund 169,300



1 Department of Public Safety

2 1004 Unrestricted General Fund Receipts


4 Department of Revenue

5 1105 Permanent Fund Corporation Gross Receipts


7 Department of Transportation and Public Facilities



10 University of Alaska



13 Judiciary


15 103 7 General Fund I Mental Health


17 * * * * *Total Budget * * * * "

3,500,000

3,500,000

5,296,300

5,296,300

5,281,900

5,281,900

110,253, 100

110,253,100

2,104,000

64,400

2,168,400

271,961,400


SCS CSHB 2001(FIN) am S, Sec, 2 -11-

1 * Sec. 3. The following sets out the statewide funding for the appropriations made in sec. 1 of

2 this Act.

3 Funding Source

4 Unrestricted General

5 1003 General Fund Match

6 l 004 Unrestricted General Fund Receipts

7 1037 General Fund I Mental Health

8 *** Total Unrestricted General *** 9 Designated General

I 0 I 005 General Fund/Program Receipts

11 1021 Agricultural Revolving Loan Fund

12 1109 Test Fisheries Receipts

13 1153 State Land Disposal Income Fund

14 1201 Commercial Fisheries Entry Commission Receipts

15 1226 Alaska Higher Education Investment Fund

16 1254 Marijuana Education and Treatment Fund

17 ***Total Designated General***

18 Other Non-Duplicated

19 1018 Exxon Valdez Oil Spill Trust--Civil

20 1024 Fish and Game Fund

21 1066 Public School Trust Fund

22 1092 Mental Health Trust Authority Authorized Receipts

23 1101 Alaska Aerospace Corporation Fund

24 1105 Permanent Fund Corporation Gross Receipts

25 1108 Statutory Designated Program Receipts

26 1205 Berth Fees for the Ocean Ranger Program

27 *** Total Other Non-Duplicated***

28 Federal Receipts

29 1002 Federal Receipts

30 *** Total Federal Receipts***

31 Other Duplicated


Amount

85,170,700

163,760,000

64,400

248,995,100

826,300

398,900

12,500

169,300

14,300

138,200

6,100,000

7,659,500

500

567,800

31,700

9,100

42,300

5,296,300

2,612,700

3,426,000

11,986,400

3,121,200

3,121,200

1

2

3

4

I 007 lnteragency Receipts

1145 Art in Public Places Fund

***Total Other Duplicated***

169,200

30,000

199,200

(SECTION 4 OF THIS ACT BEGINS ON THE NEXT PAGE)


1 * Sec. 4. The following appropriation items are for supplemental operating expenditures from

2 the general fund or other funds as set out in section 5 of this Act to the agencies named for the

3 purposes expressed for the fiscal year beginning July 1, 2018 and ending June 30, 2019,

4 unless otherwise indicated.

5 Appropriation General

6 Allocations Items Funds

***** ***** 7

8

9

* * * * * Department of Health and Social Services * * * * *

***** 10 Senior Benefits Payment Program

Senior Benefits Payment

Program

800,000

***** 800,000 800,000

11

12



Other

Funds

1 * Sec. 5. The following sets out the funding by agency for the appropriations made in sec. 4 of

2 this Act.

3 Funding Source




7 * * * * * Total Budget * * * * *

Amount

800,000

800,000

800,000


SCS CSHB 200l(FIN) am S, Sec, 5 -15-

1 • Sec. 6. The following sets out the statewide funding for the appropriations made in sec. 4 of

2 this Act.

3 Funding Source

4 Unrestricted General


6 ***Total Unrestricted General***


SCS CSHB 2001(FIN) am 8, Sec. 6 -16-

Amount

800,000

800,000

1,.-..;p~-&ee--T.-S-l::l-PlP-bE-iMl'iffil'1\f,-l:~E~P~A~R~T~~~HE~}H!T~O~F'-lE~D~U~'C~P~,T~IYO}N!-l'A~}l~~1-J,!,A1-~ .. ;,:...

2 >P1'>ffi:NT. The unexpended and unobligated Alaska higher educati 1~ent 3 .175,300 of the appropriation made· c. 1, ch. 17, SLA 2018,

4 epartmenl of Education and Early

5 .,,_,,,~·is, library operations - $8,444,300)

11 AS 37.13.010(a)(2) dunng the-fi

12 $99,800,000, is appro r'

ear ending June 30

1c earnings reserve ace

' . mterest, estimated to be

13.145) to the general

13~ 14,.{- lb) 'f~ am:o1:mt-i1==r;-whett-tttldecl te the appropritttiot1 muc

SSSLA 2017, to satisfy lhel:l scribed under AS 3 uring the fiscal year 15

16

17

ending June 30, 2018. , estnnated to~ ~b:e~::=M~, =O=O=is~ap~p~r=op=r=ia=te=d~fr;o~m~th=e-

wcl te ihe prineifllll eHhe Alaska perA10Mnt fllREi.

18 notm! 11eeeS5ftlj';"Whefl-atl~riatieft-ffi!lt!e-l;y-ffil .

19 SLA 2018, to satisfy e scribed under AS 3 during the fiscal year

20 ending June 30, 2019 ~na e '80,000,000, is ap om the earnings reserve

21rr.Cueeettnl (AS 37.13.J ·\§')~ 22 nt-neeessa1y, ·#J1cn-aclt!ecl to the apptoprifrlion made by-see. 9(a),~'J.;-

23 SLA 2018, to satisfy t le 'ibcd under AS (lt)(l) during the fiscal year

24 ending June 30, 20_!2,..£.'\l.inlale e . 80,000,000, is appr m the general fund to

25~~'le Alaska [3efffiaR

26 (e) The sum of $1,000,000,000 is appropriated from the earnings reserve account

27 (AS 37. 13.145) to the general fund for the fiscal year ending June 30, 2020.

28 (f) The unexpended and unobligated balance of the budget reserve fund

29 (AS 37.05.540(a)), estimated to be $172,200,000, is appropriated to the dividend fund

30 (AS 43.23.045(a)) for the payment of permanent fund dividends and for administrative and

31 associated costs for the fiscal year ending June 30, 2020.

-17- SCS CSHB 200l(FIN) am S

I (g) The sum of $896,470,000 is appropriated from the general fund to the dividend

2 fund (AS 43.23.045(a)) for the payment of permanent fund dividends and for administrative

3 and associated costs for the fiscal year ending June 30, 2020.

4 · · r tlie aj313rep!'Hloooo-mat!e-fil (a), (e), tlil~f4.is-l!eetielr.-'1::, ~fu~~!WJjiftg--

5 balance of the~e~·~·~=~~~¥.~:==~~~~~=~~::~:~5:,4~0~0~,0;0~0,100:10, is 6 appropriated from the earnings reserve a 37.13.145) to the principal of the Alaska

legislature that the am ro riated in this

9 (I) not rnc~ · "ated unrealized

10 (2) be use satisfy the afing requirement under

1 1,,,0,s J 7.13 .14 5 (e) for tac oo::ct~e~ig~!'lt'lt~!iiss1~e1:li:):.e:frlffi'S~. =----===~~==~====~~;::_ 12 * Sec. 9. DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC

13 DEVELOPMENT. The sum of $309,090 is appropriated from the civil legal services fund

14 (AS 37.05.590) to the Department of Commerce, Community, and Economic Development

15 for payment as a grant under AS 37.05.316 to Alaska Legal Services Corporation for the

16

17

fiscal year ending June 30, 2020.

* Sec. 10. DEBT AND OTHER ,-..y1,1.1q,02S

OBLIGATIONS. (a) The sum of $4,519,365 is

18 appropriated from the general fund to the following agencies for the fiscal year ending

19 June 30, 2020, for payment of debt service on outstanding debt authorized by AS 14.40.257,

20 AS 29.60.700, and AS 42.45.065, respectively, for the following projects:

21

22

23

24

AGENCY AND PROJECT

(1) University of Alaska

Anchorage Community and Technical

College Center

APPROPRIATION AMOUNT

$1,219,025

25 Juneau Readiness Center/UAS Joint Facility

26,..ef'~·tt1~~ertatfftFHtael Public Faei!ities

27 ~A= atanuska-Susitna Borough

28 (deep water IJOi"'-'W'~~~gpi.ie;r--

29 (B) 166,400

3 0 small boat harbor)

3 J~==----A(C::;4)-<Git-y-ef Valden Ebar-b~st--------UU.;J-~--=~-

SCS CSHB 2001 (FIN) an1 S -18-

~----~(D~)e-AA*le~uftfllia~!-Be,l'Oilt!tlifrtktltttltt--------z+:i-;3lll15----::7"' 2

3

4

5

6

(small boat harbor)

Fairbanks North Star Borough

· son AFB Schools, major

mainlena ~i upgrades)

(F) City of Unalaska (Llttl outh 365,695

7 (LSA) Harbor)

8 (3) Alaska Energy Aut

9 943,676

I 0 (Nyman combined cycle cogeneration plant)

11 (B) Copper Valley Electric Association 351,180

12 !e!'t\{-itttrr·ft7J<:·~r---------~-------""

13r-~ ~ary fer state aiel for easts ef seho

14 AS \4.11.100, after the ap1 mde in sec. 31 n 019, estimated to be

15 $48,910,250, is approprintecL' ie general fund to the ~, fEducation and Early

16~el5!*ftettt-fuHlte4i~eaf-etlt!tt~~ ,

17 Of!. (tt) 'Fhe stu!l ef$30,000,000 is appreprittted frett1 !h

18 genera d to the community assistance fund (AS 29.60.850).

19 n.t("(b) The a nt necessary to fund the total amount for the fiscal y ending June 30,

20

21

22

23

24

25

26

nder the public school funding for a under AS 14.l 7.410(b)

is appr~riated from the general fun the public educ · n fund (AS 14.17.300).

r-~(c) The amount necessary to fund tr, rtation of students under AS 14.09.010 for

the fiscal year ending June 30, 207 , is appropriated the general fund to the public

education fund (AS 14. y.:>B . t:"{(ct) The ~f $19,694,500 is appropriated from the general fur o the regional

attendance area and small municipal school district schoo fund

27f"' 4.l l.03G{fi7}·,-, -----------------------'"'"

28 * Sec. 12. FUND TRANSFERS. (a) An amount equal to IQ.percent of the filing fees

29 received by the Alaska Court System during the fiscal year ending June 30, 2018, estimated to

30 be $309,090, is appropriated from the general fund to the civil legal services fund

31 (AS 37.05.590) for the purpose of making appropriations from the fund to organizations that

-19- SCS CSHB 2001 (FIN) am S

provide civil legal services to low-income individuals.

2 ,.,.r (b) The sum-of-$454;GOO--is-awropriated-frnm the pewer-eest-eqt11'tl:~a-ettclewmertl:-

3 r'{fiina (A£ q2.45 . .w-0) le the rcRewable·ettei'!l1 grnnt fund (AS 42.45.845).

4 * Sec. 13. LAPSE. The appropriations made in secs. 8(b), (d), and (f) - (h), 11, and 12 of

5 this Act are for the capitalization of funds and do not lapse.

6 *Sec. 14. RETROACTIVITY. (a) Sections 4 - 6 of this Act are retroactive to May 1, 2019.

7 (b) Section 7 of this Act is retroactive to June 30, 2019.

8 (c) Sections 1 - 3, 8 -10, ll(a) and (d), 12, and 13 of this Act are retroactive to July 1,

9 2019.

10 * Sec.15. Sections l l(b) and (c) of this Act take effect July 1, 2020.

11 *Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect immediately under

12 AS Ol.10.070(c) .

•

SCS CSHB 2001(FIN) am S -20-

AUTHENTICATION

The following officers of the Legislature certify that the attached enrolled bill, SCS CSHB

2001(FIN) am S, consisting of20 pages, was passed in conformity with the requirements of the

constitution and laws of the State of Alaska and the Uniform Rules of the Legislature.

Passed by the House July 29, 2019

ATTEST:

Passed by the Senate July 29, 2019

ATTEST:

·\•er v""°''

~ .µS -.fo'c

_,;,\i.. Approved by the Governor --~--+-l_Wfr' __ ~/_'1 _______ 20 /,?

The following pages show the Governor's line item vetoes and reductions. To view the complete text before the changes, click on the enrolled . version.

APPENDIX3

LAWS OF ALASKA

2019

SECOND SPECIAL SESSION

Source Chapter No. CSSB 2002CF!Nl

AN ACT

Making appropriations, including capital appropriations, supplemental appropriations, reappropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; making appropriations for the capital expenses of the state's integrated comprehensive mental health program; 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.

BE IT ENACTED BY THE LEGISLATURE OF THE ST ATE OF ALASKA:

THE ACT FOLLOWS ON PAGE 1

' .

AN ACT

I Making appropriations, including capital appropriations, supplemental appropriations,

2 reappropriations, and other appropriations; amending appropriations; making appropriations

3 to capitalize funds; making appropriations for the capital expenses of the state's integrated

4 comprehensive mental health program; making appropriations under art. IX, sec. 17(c),

5 Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing

6 for an effective date.

7

8 (SECTION I OF THIS ACT BEGINS ON PAGE 2)

-1- CSSB 2002(FIN)

1 * Section 1. The following appropriation items are for capital projects and grants from the

2 general fund or other funds as set out in section 2 of this Act by funding source to the

3 agencies named for the purposes expressed and lapse under AS 37.25.020, unless otherwise

4 noted.

Appropriation

Allocations Items

*****

General

Funds

*****

Other

Funds

5

6

7

8

9

* * * * * Department of Commerce, Community and Economic Development * * * * * ***** *****

10 Community Block Grants (HD 1-40) 60,000

1 lf>"l~·iele AclclietietHfefilmet'!t-------l-ll &;Bllll;ee1r+-------+

12 Fac1 i · Capital Matching Grants (HD

60,000

13 1-40)

14 It is the intent of the that the Department of munity and Economic

15 Development administer

16

18 available addiction treatm, the DHSS 1115 waiver

19

20 ng grants are conditional on the recipients providing at least a commenst

22 Grants to Named Recipients (AS

23 37.05.316)

24 Alaska Travel Industry Association (HD 7,420,000

25 1-40)

26 Arctic Winter Games Team Alaska - 38,500

27 State Participation Grant 2020 (HD 1-

28 40)

291'1:::1-i-GefFl!llission Gletlll.--NffileMlfld'-----'2""'08-;BllO 30~feSanitary Sewer Disposal (HD 12-

3 i!',<:::'...1-~

CSSB 2002(FIN), Sec. 1 -2-

7,420,000

38,500

' '

I

2 Allocations

Appropriation

Items

General

Funds

Other

Funds

3r.-1•:,,<.~~~1:1e~f~G~e~n;1mtt~tlt!~·~y-G"6\:U~~let~·i~s,~&~,~·~~=====:~~&:e~,~e~e~~~~~~~~~:e~ : "' - Anchorage Area Community Patr

6~a'tffitlittly-€ettttetls;-f~~,e~.----~s~,moo*ef---------~s,~o·oe--7 ("1.< Motlfllaifl-¥.i~a~-{-HJ;>-ll..Q:l...-----------------8 Hope Community Resources, Inc. - 85,000 85,000

9 Upgrades to Housing to Meet State &

10 Federal Licensing Requirements (HD 1-

11 40)

12 Inter-Island Ferry Authority (HD 33- 250,000 250,000

13 36) 141''~le-Biteflfttlge-e.f-A-1-a*1~l""<tt--------"1f)(l;f)00--------409;000--15 ~Vessel T1'ttekit1g-8y;ite~f'l.)-------------------

l6,..,i• . a-8ettieP-Gili~e. 42,800

17 Safety and Security o en

484,000 484,000

15,880 15,@€18-

70,000-

33 ***** * * * * *

CSSB 2002(FIN), Sec. 1 -3-

Appropriation

Allocations Items

General

Funds 2

3

4

* * * * * Department of Corrections * * * * *

***** ***** 5 Juneau • Lemon Creek Correctional 420,000

6 Center Laundry Expansion (HD 33)

* * * * * ***** 7

8 * * * * * Department of Education and Early Development * * * * * 9 ***** * * * * *

Other

Funds

420,000

1 Q.Mh1:.1atto11 BttilclingR~1-----"'lfle;tJA&--------'ltle;tlOO-***** ***** 11

12

13

* * * * * Department of Environmental Conservation * * * * * ***** * * * * *

14 Village Safe Water and Wastewater: 12,080,000

15 Infrastructure Projects

16 Village Safe Water and 7,248,000

17 Wastewater Infrastructure

18 Projects: First Time

19 Service Projects (HD 1-40)

20 Village Safe Water and 4,832,000

21 Wastewater Infrastructure

22 Projects: Expansion,

23 Upgrade, and Replacement of

24 Existing Service (HD 1 -40)

***** ***** 25

26

27

* * * * * Office of the Governor * * * * *

* * * * * * * * * * 28 Statewide Deferred Maintenance, 10,700,000

29 Renovation, and Repair (HD 1-40)

12,080,000

10,700,000

3 0 It is the intent of the legislature that the Office of Management and Budget submit a

31 prioritized list of deferred maintenance projects across all executive branch agencies to the

32 finance committees and the Legislative Finance Division no later than December 31, 2019.

33 ***** * * * * *

CSSB 2002(FIN), Sec. 1 .4.

Allocations

Appropriation

Items

General

Funds

1

2

3 * * * * * Department of Health and Social Services * * * * *

4 ***** * * * * *

Other

Funds

5t>l~mergen~ielli Serviees Ma1eh-fer~-----'S.+iQG;OOf)1---------500,099 6 ,,.7<' CeEle Blue Prnj

7 ***** ***** 8 *****Department of Natural Resources*****

9 ***** ***** 10 Arctic Strategic Transportation and 2,500,000 2,500,000

11 Resources (AST AR) (HD 40)

12 Critical Minerals Mapping- 3DEEP (HD 600,000 600,000

13 1-40)

14 Geological Mapping for Energy 300,000 300,000

15 Development (USGS STATEMAP) (HD 1-40)

150,000 150,0110-16 ,..,5atienal I !iste1•ie Prese1'Vtttiem Fun.i-cl------4-"A-A

17t'f· (HD l-49:)------------------------

18 Wildlife Access Projects Eligible for 200,000 200,000

19 Pittman-Robertson Funds (HD 1-40)

20 * * * * * ***** 21 * * * * * Department of Revenue * * * * *

22 ***** * * * * * 23 Alaska Housing Finance Corporation

24~HFC Cold Climate+fot,.1snii,.,,1g'"RR,_,""S""em=clfr1-----:;r.<;11-A1 750,000 750,00&-

25r{-eettler-(ccrFRC) (HD 1-40)

26 AHFC Competitive Grants for Public 350,000 350,000

27 Housing (HD 1-40)

28 "'~f'C-£nergy-Ptog1 ams Wea!l1eri,.,.z-.,<ltt"'"io"'"~---<;. 291"14.01+-::~-----------------------

s,oee;aoe O;Oee-,

30 AHFC Federal and Other Competitive 1,500,000 1,500,000

31 Grants (HD 1-40)

32 AHFC Housing and Urban Development 750,000 750,000

33 Federal HOME Grant (HD 1-40)

CSSB 2002(FIN), Sec. 1 -5-

2 Allocations

3 AHFC Rental Assistance for Victims -

4 Empowering Choice Housing Program

5 (ECHP) (HD 1-40)

6 AHFC Senior Citizens Housing

7 Development Program (HD 1-40)

8 AHFC Supplemental Housing Development

9 Program (HD 1-40)

Appropriation

Items

1,500,000

1,750,000

3,000,000

General

Funds

Other

Funds

1,500,000

1,750,000

3,000,000

1, 750,000.__-----+I ,.;j.7~50l-l,O+AOe-l 0,.-h"dIFG Teaeber, Heal!h and Publie Safety

1111<" Professioaals Hoti1""sitti11"'g.+(:i;,n1.i+-~+A----------------------* * * * * ***** 12

13

14

* * * * * Department of Transportation and Public Facilities * * * * * * * * * * *****

15 Alaska Marine Highway System Vessel 13,500,000 13,500,000

16 Overhaul, Annual Certification and

17 Shoreside Facilities Rehabilitation

18 (HD 1-40)

19 Decommissioning and Remediation of 2,200,000 2,200,000

20 Class V Injection Wells (HD 1-40)

l,000;001"---------1.....,, OE);OOO-21,,( .. Publie nnd Community Tnmsportatiou <' 22r(" State Mf!1lfte.J.IJ-f.(l-lll+:ID>-1lr.41( -+!----------------------

23 Federal Program Match 73,300,000 73,300,000

24 Federal-Aid Aviation State 12,000,000

25 Match (HD 1-40)

26 Federal-Aid Highway State 60,000,000

27 Match (HD 1-40)

28 Other Federal Program Match 1,300,000

29 (HD 1-40)

30 Statewide Federal Programs 238,329 238,329

31 Highway Safety Grants 238,329

32 Program (HD 1-40)

33 ***** *****

CSSB 2002(FIN), Sec. 1 -6-

Appropriation

Allocations Items 2

3 * * * * * University of Alaska * * * * * 4 *****

Sf"~=:: f Alaska Deforred

~ M~=;;ce, Renovation, and Repair

***** 2,580,068

General

Funds

Other

Funds

81'1~'!1Y Earthqualie MoRiieriag Hetwe,..rk---~2~,s ... oe;eeA-------.....-;'-", OG;000-

91"(- (HD·+-l -4"qOiH------------------------

IO ***** ***** 11

12

* * * * * Judiciary * * * * *

13 Cyber Security Courts (HD 1-40)

14 Statewide Deferred Maintenance -

15 Courts (HD 1-40)

***** ***** 973,000

1,500,000

973,000

1,500,000


CSSB 2002(FIN), Sec. 1 -7-

1

2

3

* Sec. 2. The following sets out the funding by agency for the appropriations made in sec. I of

this Act.

Funding Source

4 Department of Commerce, Community and Economic Development

5 l 00 I Constitutional Budget Reserve Fund

6 1206 Commercial Vessel Passenger Excise Tax


8 Department of Corrections

9 I 001 Constitutional Budget Reserve Fund


11 Department of' Education and Early Development

12 1001 Constitutional Budget Reserve Fund


I 4 Department of Environmental Conservation



17 Office of the Governor






23 Department of Natural Resources


25 *** Total Agency Funding***


27 100 I Constitutional Budget Reserve Fund




3 l ***Total Agency Funding***

CSSB 2002(FlN), Sec. 2 -8-

Amount

19,020,300

400,000

19,420,300

420,000

420,000

900,000

900,000

12,080,000

12,080,000

10,700,000

10,700,000

500,000

500,000

3,750,000

3,750,000

16,350,000

16,350,000

90,238,329

90,238,329

1 University of Alaska

2 1001 Constitutional Budget Reserve Fund 5,000,000


4 Judiciary

5 1001 Constitutional Budget Reserve Fund 2,473,000


7 * * * * * Total Budget* * * * * 161,831,629


CSSB 2002(FIN), Sec. 2 -9-


2 this Act.

3

4

5

6

7

8

Funding Source

Other Non-Duplicated

100 I Constitutional Budget Reserve Fund

1206 Commercial Vessel Passenger Excise Tax

***Total Other Non-Duplicated***


CSSB 2002(FIN), Sec. 3 -10-

Amount

161,431,629

400,000

161,831,629

l * Sec, 4. The following appropriation items are for supplemental capital projects and grants

2 from the general fund or other funds as set out in section 5 of this Act by funding source to

3 the agencies named for the purposes expressed and lapse under AS 37.25.020, unless

4 otherwise noted.

Appropriation

Allocations Items

***** *****

5

6

7

8

9

* * * * * Department of Corrections * * * * * ***** *****

10 MH: Renovation Required to 2,540,000

11 Accommodate Women's Mental Health Unit

12 at Hiland Mountain (HD 14)

13 ***** *****

General

Funds

14

15

16

17

18

* * ***Department of Health and Social Services * * * * * * * * * * *****

Electronic Visit Verification System 680,200

Implementation (HD 1-40)


Other

Funds

2,540,000

680,200

CSSB 2002(FIN), Sec. 4 -11-

I '' Sec. 5, The following sets out the funding by agency for the appropriations made in sec. 4 of

2 this Act.

3 Funding Source

4 Department of Corrections

5 I 00 I Constitutional Budget Reserve Fund

6 ***Total Agency Funding *** 7 Department of Health and Social Services


9 ***Total Agency Funding *** I 0 * * * * *Total Budget * * * * * 11 (SECTION 6 OF THIS ACT BEGINS ON THE NEXT PAGE)

CSSB 2002(FIN), Sec. 5 -12-

Amount

2,540,000

2,540,000

680,200

680,200

3,220,200


2 this Act.

3 Funding Source


5 100! Constitutional Budget Reserve Fund

6 *** Total Other Non-Duplicated***

Amount

3,220,200

3,220,200


CSSB 2002(FIN), Sec. 6 -13-

1 * Sec. 7. The following appropriation Hems are for mental health capital projects and grants

2 from the general fund or other flll1ds as set out in section 8 of this Act by funding source to

3 the agencies named for the purposes expressed and lapse under AS 37.25.020, lll1less

4 otherwise noted.


Allocations Items

* * * * * *****

5

6

7

8

9

* * * * *Department of Health and Social Services* * * * *

***** 10 MH: Assistive Technology (HD 1-40)

11 MH: Deferred Maintenance and

12 Accessibility Improvements (HD 1-40)

13 MH: Home Modification and Upgrades to

14 Retain Housing (HD 1-40)

*****

***** 500,000

250,000

750,000

***** 15

16

17

* * * * * Department of Revenue * * * * *

* * * * * 18 Alaska Housing Finance Corporation

19 MH: AHFC Beneficiary and Special Needs

20 Housing (HD 1-40)

21 MH: AHFC Homeless Assistance Program

22 (HD 1-40)

* * * * *

*****

2,000,000

"'l-G1~"01Coo ~9;000-

* * * * * 23

24 * * * * * Department of Transportation and Public Facilities * * * * * 25 * * * * * * * * * *

Other

FlU1dS

500,000

250,000

750,000

2,000,000

261"1~II. 6001di111'lted-'l'ram.'J't!f!llti011 and l,009;000>---------1-l,+10~00r+,~001-11Q-!-.--'

27,,.,,"-¥ehie!es (HD 1 <I0:>-------------------------28 (SECTION 8 OF THIS ACT BEGINS ON THE NEXT PAGE)

CSSB 2002(FIN), Sec. 7 -14-

1 * Sec, 8. The following sets out the funding by agency for the appropriations made in sec. 7 of

2 this Act.

3 Funding Source








11 I 00 I Constitutional Budget Reserve Fund


13 * * * * *Total Budget* * * * *

Amount

1,500,000

1,500,000

9,200,000

9,200,000

1,000,000

1,000,000

11,700,000


CSSB 2002(FIN), Sec. 8 -15-


2 this Act.

3 Funding Source


5 1001 , Constitutional Budget Reserve Fund

6 ***Total Other Non-Duplicated***


CSSB 2002(FIN), Sec. 9 -16-

Amount

11,700,000

11,700,000

1 * Sec. IO. RATIFICATIONS OF CERTAIN EXPENDITURES. The following

2 departmental expenditures made in fiscal years 2002, 2008, 2016, and 2017 are ratified to

3 reverse the negative account balances in the Alaska state accounting system in the amount

4 listed for the AR number. The appropriations from which those expenditures were actually

5 paid are amended by increasing those appropriations for the fiscal year ending June 30, 2019,

6 by the amounts listed, as follows:

7 AGENCY FISCAL YEAR


9

10

11

12

13

14

15

16

17

18

19

20

21

(1) AR H324 Medicaid Management

Information System Reprocurement

(2) AR H297 Mandatory Automated

Child Welfare Info & Billing

System Improvements

(3) AR HOO 1 Alaska Pioneer Homes

( 4) AR H007 Public Health

(5) AR HOOl Alaska Pioneer Homes

(6) AR H009 Departmental Support

Services

Department of Natural Resources

(7) AR 602 Fire Suppression, Land

& Water Resources

2002

2008

2016

2016

2017

2017

2017

AMOUNT

$3,511,336.14

174,809.93

15,902.65

226,918.42

66,140.96

577,431.11

2,495,089.00

22 * Sec. 11. DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC

23 DEVELOPMENP:/' The t1nsnpeaaeel-aH€Hinobligat00--9a!aflee-ef-i11eo!l1e aeefUe<i-.>n--OF--

24o·j~, 2G+9, imwe-ft-m.4,-e&tm· ;im;!G-'EO-:!!Jl>.-.

25 $2~· o riated to the Department of Commerce,

26

27

28

29

(b) The sum of$2,000,000 is appropriated from the receipts of the Alaska Industrial

-17- CSSB 2002(FIN)

1 Development and Export Authority to the Department of Commerce, Community, and

2 Economic Development for payment as a grant under AS 37.05.316 to the Northwest Arctic

3 Borough for costs of school construction and major maintenance.

41"? 'fhe sttm of $4,tlGEl;Boo-ititppropritttecl-from-the-A:laska-fn<lttsffifrl--Oeveltl'pm

5

6

and Export Aut 10 · ·

(AS 44.88.660) to the Department of Co ommunity, and Economic Development

7 ?r payment as a . er AS 37.05.316 to Interior Gas Uti t l'--t!~

8 ,, aHStofl ef a li'1l'!efie<l-flai't!Pal-gas-sitl'l'tlj,>e-t'ttotlit)' in Nor!h-Pe·feie~. _________ ....;::::-..

9 * Sec. 12. DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT. The

I 0 proceeds from the sale of Department of Education and Early Development state-owned ~d'

1 l ;1 Sitka received during the fiscal years ending June 30, 2020,.~&'0,;021;-ttticl-;~-, -J2r'r' 2022, are appropriated to the Department of Education and Early Development, Mt.

13

14

15.""j

16

17

18

Edgecumbe boarding school, for maintenance and operations for the fiscal years ending

me 30, 2020, June 30, 2021, June 30, 2022, and June 30, 2023.

e. 13. DEPARTMENT OF l'lATBRAL RESOURDES. 11ie-tn1eJi13eRded-~

unobligate c, estimated to be $34,577, of the appropriation m~ec.J,cl;:. 5,

FSSLA 2011, page 89, lines and allocated on page 90 ·,aeirs-::8, as amended by sec.

2l(j)(48), ch. 1, TSSLA 2017 (Department:· tJ1;..i'11:Ill

19 Veterans' Affairs def~ , 'n enance projects, Milt, outh Academy, deferred

20 ~rrElwiiJ, and replacement) is reappropriated to the Depa a~ 21~ 1 · · €-IIJ.a.l~uHtaia Trail~-up-j'llii'l!-~~. ----------~

22 *Sec. 14. DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES. (a) The

23

24

25

26

27

28

29

30

31

proceeds from the sale of Alaska ~e highwa;:, s~assets received during the fiscal

years ending June 30, 2020, ;ru;;;;_{b, 2021, ancl-Juael:iG, 2922, are appropriated to the Alaska

marine highway system vessel replacement fund (AS 37.05.550).

(b) The unexpended and unobligated balances, estimated to be a total of $1,604,457,

of the following appropriations are reappropriated to the harbor facility grant fund

(AS 29.60.800) for harbor facility matching grants:

(I) sec. I, ch. 17, SLA 2012, page 135, lines 20 - 21, and allocated on page

135, lines 28 - 29 (Department of Transportation and Public Facilities, municipal harbor

facility grant fund (AS 29.60.800), Nome, Nome harbor - $1,500,000), estimated balance of

CSSB 2002(FIN) -18-

$454,886;

2 (2) sec. 1, ch. 17, SLA 2012, page 135, lines 20 - 21, and allocated on page

3 135, lines 32 - 33 (Department of Transportation and Public Facilities, municipal harbor

4 facility grant fund (AS 29.60.800), Seldovia, small boat harbor - $1,000,000), estimated

5 balance of $297 ,24 3; and

6 (3) sec. 1, ch. 17, SLA 2012, page 135, lines 20 - 21, and allocated on page

7 136, lines 5 - 7 (Department of Transportation and Public Facilities, municipal harbor facility

8 grant fund (AS 29.60.800), Sitka, Alaska Native Brotherhood (ANB) Harbor - $4,250,000),

9 estimated balance of $852,328.

10 *Sec. 15. HOUSE DISTRICTS 35 - 36. Section l, ch. 17, SLA 2012, page 28, lines 8 - 11,

11 is amended to read:

12

13

14 Ketchikan Gateway Borough -

APPROPRIATION

ITEMS

7,500,000

GENERAL

FUND

7,500,000

15 [ALASKA] Marine [HIGHWAY

16 SYSTEM] & [NOAA] Moorage

17 Facility (HD 1)

18 •)(' * SKA--J:4Q.\J&WG-GAP-ITAL CORJlGAA+lGN.,-{'.a1--+lle-uOO*peB<ied-anEI

19

20

21

22

23

24

25

26

27

28

ted general fund balances, estimated to be a total of $9,252,203, of the foll ng

re reappropriated to the Alaska Housing Capital Corporation ace

(I) s l, ch. 159, SLA 2004, page 34, line 33, and allo;3J1 on page 35, lines

16 - 17 (Department of sportation and Public Facilities, f~ide federal programs,

highway safety grants program - $ , 5,000), estimated b ce of$3,846;

(2) sec. 4, ch. 3, FSSLA 2 7, lines 20 - 21, and allocated on page

98, lines 14 - 16, as amended by sec. 40(1 LA 2014 (Department of Transportation

and Public Facilities, Congestio , Mitigation and Initiative, Kenai Peninsula,

Kalifornsky Beach Road re a: ditation), estimated balance of $11 , 62;

(3) c. 1, ch. 82, SLA 2006, page 41, lines 9 - 11 ke and Peninsula

anok wind generator - $148,000), estimated balance of $29,619; 29

30

3 l ,-4-.::;:; (4) sec. I, ch. 82, SLA 2006, page 87, lines 19 - 20, as amended jj ec.

E.J7), ell. 38, £LA ?O l.,)..fl;lepaFtm01Tt-ef..'HaHspe~iffii!7fl-ffilEl-PulJ.lfe-.liaffi1*ies,T-frgiak..ffils

-19- CSSB 2002(FIN)

/ ll'i reak•ttp eo11trol);-esttmatee!-bfrlttttee-<>P.i;+c;l&!';i:;+~--------------1

2 (5) sec. I, ch. 82, SLA 2006, page 107, line 12, and allocated on page IO ,

3 lines - 6 (Department of Transportation and Public Facilities, transportation initi ve,

4 Palmer asilla highway improvements -$12,000,000), estimated balance of$324,167·

5 (6) sec. 4(c), ch. 82, SLA 2006, page 120, lines 26 - 29 (Deg rtment of

6 Transportation d Public Facilities, Fairbanks, Yankovich Road/Miller Hill R ad, multi-use

7 path construction $1,500,000), estimated balance of$77,797;

8 (7) s'c. !, ch. 30, SLA 2007, page 78, lines 27 - 0 (Department of

9 Transportation and Pub Facilities, Knik-Goosebay Road and Vine ad Intersection, traffic

10 signal installation - $1,500, 0), estimated balance of $81,064;

11

12

13

14

15

16

17

18

(8) sec. 42(i), . 30, SLA 2007, as amended sec. 4l(d)(24), ch. 38, SLA

2015 (Department ofTransportati and Public Facilities, g 'nding and repavement of Beaver

Loop, Gaswell Road, Funny Riv Highway from Mackie Lake

intersection to Soldotna), estimated bala ~of $32,27 ;

(9) sec. 13, ch. 29, SLA 20 8, p e 159, lines 28 - 29, as amended by sec.

35(c), ch. 18, SLA 2014, and sec. 19(b)(l), ch. TSSLA 2017 (Department of Transportation

and Public Facilities, Trnnk Road, phase I - 24,0 ,000), estimated balance of$110,000;

(10) sec. 14(1), ch. 14, A 2009, a amended by sec. 35(a), ch. 5, FSSLA

19 2011 (Department of Transportation d Public Facilit1 , construction of a new Ketchikan

20 airport ferry to replace the M/V B Ellis, mooring and tran er facility repairs, and MN Oral

21 Freeman constrnction costs in 1rred before January 1, 2002 - ,250,000), estimated balance

22 of$1,579;

23 (I I) sec. , ch. 15, SLA 2009, page 16, lines 30 - , as amended by sec.

24 210)(15), ch. 1, TS ,A 2017 (Department of Military and Veterans fairs, Army Guard

25 facilities projects estimated balance of$13,836;

26 12) sec. 7, ch. 43, SLA 2010, page 36, lines 17 - 18, as a nded by sec,

27 210)(19), l, TSSLA 2017 (Department of Transportation and Public Facilit s, Debarr

28 Rozd SC ool zone), estimated balance of $17,082;

29 (13) sec. 7, ch. 43, SLA 2010, page 36, lines 32 - 33, as amended by cs.

30 ,;3} b) - (m), ch. 16, SLA 2013, and sec. 21(j)(20), ch. 1, TSSLA 2017 (Department

3 ri•Jifaftsfit:11'tt1~1h!W-F1:1&i-lities, llelt L-amp!ight-Read-fe[3!Wffig.),esfifflate4--b1:11itneie-ilf'-4-

CSSB 2002(FIN) -20-

, - ' (14) sec. !, ch. 5, FSSLA 2011, page 32, lines 15 - 18 (Hooper Bay, bo

3 barb landing geotechnical drilling and reconnaissance - $200,000), estimated balan of

4 $127,18 .

5

6

7

8

9

(15) sec. 1, ch. 5, FSSLA 2011, page 64, Jines 22 - 25 (Ketc = Little

League, basel:i. ll and softball indoor training facility - $200,000), estima a balance of

$5,508;

(16) s c. l, ch. 5, FSSLA 2011, page 89, lines 5 -7, andjt located on page 90,

Jines 15 - 17, as amende by sec. 210)(50), ch. l, TSSLA 2017 (De (rtment of Military and

10 Veterans' Affairs, Military nd Veterans' Affairs deferred mai enance projects, Wasilla,

11 Alcantra Annory defeJTed main nance), estimated balance of. 15,760;

12 (17) sec. 4, ch. 5, SLA 2011, page 135, Ii es 24- 25, and allocated on page

13 136, lines 14 - 17 (Department of ommerce, Com nity, and Economic Development,

14 Alaska Energy Authority, ARCTEC crgy proj ts, AEA, Quartz Creek to Soldotna

15 transmission maintenance and repair - $5,00 000, estimated balance of$26,678;

16 (18) sec. 4, ch. 5, FSSLA 201 , age 137, lines 24 - 26, as amended by sec.

17 27(d)(17), ch. 2, 4SSLA 2016, page 45, lin 20- (Department of Commerce, Community,

18 and Economic Development, Alaska E ergy Autho "ty, energy generation projects, AEA,

l 9 Sitka Blue Lake Hydroelectric Pr ect expansion - 8,500,000), estimated balance of

20 $377,499;

21 (19) sec. 1, i. 17, SLA 2012, page 5, li1 s 12 - 13 (Department of

22 Commerce, Community, a Economic Development, community ock grants - $6,060,000),

23 estimated balance of $1 ,378;

24 (20) c. 1, ch. 17, SLA 2012, page 37, lines 4- 5 (Pilot P 'nt, bulkhead repair

25 - $129,000), esti ated balance of$37,005;

26 21) sec. 1, ch. 17, SLA 2012, page 42, lines 8 - 11 (Mata ska-Susitna

27 Borough, · lkeetna Public Library and Community Resource Center - $2,800,000), stimated

28 balance f$423,029;

29 (22) sec. I, ch. 17, SLA 2012, page 51, lines 16 - 19 (American Red Cro of

30 aska, disaster response communication module - $300,000), estimated balance of$35,660;

31(' _ -se~l;-ea. 17, £L-~~s 92, 1-ine JJ, th-~.,_,..__..

-21- CSSB 2002(FIN)

2 74,000), estimated balance of$6,936;

3 (24) sec. 1, ch. 17, SLA 2012, page 96, lines 24 - 27 (Northern Sou st

4 Region, Aquaculture Association, Haines/Skagway spawning channels - $62 ,000),

5 estimated l:l ance of $80,536;

6 5) sec. 1, ch. 17, SLA 2012, page 97, lines 5 - 10 (Nuvista Lig and Electric

7 Cooperative, Cab a Region multiple tri-village services consolidation mod - $1,500,000),

8 estimated balance of 57,355;

9 (26) sec. ch. 17, SLA 2012, page 134, line 22, and llocated on page 135,

10 lines 9 - 12 (Department f Transportation and Public Faciliti , safety, highway safety

11 corridor, Sterling Highway, Ste ·Jing to Soldotna widening - $I, 0,000), estimated balance of

12 $470,934;

13 (27) sec. 1, ch. 17, S 2012, page 136 ine 30, and allocated on page 137,

14 lines 3 - 4 (Department of Transport ion and P lie Facilities, regulatory compliance,

15 emergency and non-routine repairs - $2,000, 00), timated balance of$1,000;

16 (28) sec. 1, ch. 16, SLA 201 page 36, lines 10 - 12 (Anchorage School

17 District, Dimond High School heated sidew· k - $ 0,000), estimated balance of $69,230;

18 (29) sec. 1, ch. 16, SL 013, page , lines 15 - 17, and allocated on page

19 70, lines 20 - 21 (Department of ilitary and Vete ns Affairs, deferred maintenance,

20 renewal, repair and equipment Fairbanks Armory defe ed maintenance - $320,000),

21 estimated balance of$12,203;

22 (30) sec. , ch. 18, SLA 2014, page 8, line 3 through page 9, line 3

23 (Anchorage, Yosemite rive area drainage and road upgrade - $8,000, 0), estimated balance

24 of$1,569,195;

25 (3 sec. I, ch. 18, SLA 2014, page 15, lines 29 - 31 (Palmer, Palmer-Wasilla

26 highway cmT· or plan U.S. DOT TIGER grant matching funds - $5,000), estirna d balance of

27 $5,000;

28 (32) sec. 1, ch. 18, SLA 2014, page 31, lines 22 - 24 (Anchorage chool

29 Dis 1ct, Sand Lake Elementary School moveable walls replacement - $80,000), estim ed

30 0 lance of$9,260;

3 Y\ ) see. l,elr. 18, S~+,-pttge-35;-Hnes 28 30 (Beys ancl-Gklllls-1:C:i!l·wub:l&-€lf--'

CSSB 2002(FIN) -22-

~fie Keeai-Peniesula, Hildski elueheuse yeuth trnnsportatiel'l !:100,0oor,.es#mat-et!-9a!a11G-0-0

2 8,740;

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

(34) sec. 1, ch. 18, SLA 2014, page 41, lines 24 - 27 (Kenai Penit la

Boroug North Peninsula Recreation Service Area, Nikiski pool tile and drains replac 11ent -

$190,000), stimated balance of $6,832;

35) sec. 1, ch. 18, SLA 2014, page 56, lines 11 - 12, and allo ted on page

56, lines 15 - (Department of Military and Veterans Affairs, defen· a maintenance,

renewal, repair an equipment, Fairbanks Armory deferred mainte nee - $280,000),

estimated balance of $1 261; /

(36) sec. ch. 18, SLA 2014, page 62, lines -8 - 29 (Department of

Transportation and Public Fae· ities, Chena Small Tracts Road ulti-use path construction -

$1,000,000), estimated balance ol· 20,043;

(37) sec. 1, ch. 18, SLA 2014, page 2, lines 31 - 32 (Department of

Transportation and Public Facilities, Pittman R ad rehabilitation and resurfacing -

$2,000,000), estimated balance of$280,653,

(38) sec. 1, ch. 18, SLA 2014, ge 63, line 4, and allocated on page 63, lines

7 - 10 (Department of Transpmiation d 1blic Facilities, economic development,

Deadhorse airpoti rescue and fire figh ng/snow re oval equipment building expansion -

$8,618,577), estimated balance of $2 78;

(39) sec. l, ch. 3 , SLA 2015, page 4, line· 8 - 9, and allocated on page 4,

lines 19 - 20 (Department of E vironmental Conservation, mun ipal water, sewage, and solid

waste facilities grants (A 46.03.030), Naknek, and system upgrade -

$498,293), estimated ba ce of $71,996;

(40) sec. 21(b), ch. 2, 4SSLA 2016 (Departmen of Environmental

Conservation, Sit a South Lake and West DeGroff water and sewer replat: snt), estimated

balance of $2 , 00;

(41) sec. I, ch. 17, SLA 2018, page 29, !me 28 (Department of Pu ic Safety,

28 village tblic safety officer program- $13,977,400), estimated balance of$2,977,500;

29 (42) sec. 32, ch. 19, SLA 2018 (Department of Commerce, Community, d

30 anomic Development for payment as a grant under AS 37.05.315 to the City of Seward fo

!ueln!ous material rerne¥!!1-anEI site r<0me~e Jesse Lee Heme), estimai'ecl balanee-;>f--°"

-23- CSSB 2002(FIN)

4

5

6

te unexpended and unobligated balance, estimated to be $41

ch. 17, SLA 2012, page 122, lines 19 - , and allocated on page

122, line 33, through page 123, line , , c. 21(j)(67), ch. 1, TSSLA 2017, and

7 ;ange at t erior Public Safety Training Facility) is reappropriated to the fl:l:i!Skll_I

3,,.~ pt!ttl-C-e!'flffi'fllietl-fleeeuar.-. -----------------------.::::,.,..

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

* Sec. 17. CONSTITUTIONAL BUDGET RESERVE FUND. (a) Deposits in the budget

reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) for fiscal year 2019 that are

made from sub funds and accounts of the operating general fund by operation of art. IX, sec.

I 7(d), Constitution of the State of Alaska, to repay appropriations from the budget reserve

fund are appropriated from the budget reserve fund to the subfunds and accounts from which

those funds were transferred.

(b) If the unrestricted state revenue available for appropriation in fiscal year 2020 is

insufficient to cover the general fund appropriations that take effect in fiscal year 2020 that

are made in this Act, as passed by the Thirty-First Alaska State Legislature in the Second

Special Session and enacted into law, the general fund appropriations that take effect in fiscal

year 2020 that are made in ch. 1, FSSLA 2019, as passed by the Thirty-First Alaska State

Legislature in the First Special Session and enacted into law, the general fund appropriations

that take effect in fiscal year 2020 that are made in ch. 2, FSSLA 2019, as passed by the

Thirty-First Alaska State Legislature in the First Special Session and enacted into law, the

general fund appropriations that take effect in fiscal year 2020 that are made in ch. 3, FSSLA

2019, as passed by the Thirty-First Alaska State Legislature in the First Special Session and

enacted into law, the general fi.m~ap~1tions that take effect in fiscal year 2020 that are

made in a version of HB 2001 <'H'-~ffittar-hlH-, as passed by the Thirty-First Alaska State

Legislature and enacted into law, and the general fund appropriations made in ch. 6, SLA

2018, as passed by the Thirtieth Alaska State Legislature in the Second Regular Session and

enacted into law, that take effect in fiscal year 2020, the amount necessary to balance revenue

and general fund appropriations that take effect in fiscal year 2020 that are made in this Act,

as passed by the Thhiy-First Alaska State Legislature in the Second Special Session and

CSSB 2002(FIN) -24-

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

enacted into Jaw, the general fund appropriations that take effect in fiscal year 2020 that are

made in ch. 1, FSSLA 2019, as passed by the Thirty-First Alaska State Legislature in the First

Special Session and enacted into law, the general fund appropriations that take effect in fiscal

year 2020 that are made in ch. 2, FSSLA 2019, as passed by the Thirty-First Alaska State

Legislature in the First Special Session and enacted into law, the general fund appropriations

that take effect in fiscal year 2020 that are made in ch. 3, FSSLA 2019, as passed by the

Thirty-First Alaska State Legislature in the First Special Session and enacted into law, the

general fund approp1jalions that take effect in fiscal year 2020 that are made in a version of /Y'C1 w--

HB 2001 "tl~ltHtir-biH; as passed by the Thirty-First Alaska State Legislature and enacted

into law, and the general fund appropriations made in ch. 6, SLA 2018, as passed by the

Thirtieth Alaska State Legislature in the Second Regular Session and enacted into law, that

take effect in fiscal year 2020 is appropriated to tl1e general fund from the budget reserve fund

(art. IX, sec. 17, Constitution of the State of Alaska).

(c) If, after the appropriation made in (b) of this section, the unrestricted state revenue

available for appropriation in fiscal year 2020 is insufficient to cover the general fund

appropriations that talce effect in fiscal year 2020, the amount necessary to balance revenue

and general fund appropriations, not to exceed $250,000,000, is appropriated to the general

fund from the budget reserve fund (rut. IX, sec. 17, Constitution of the State of Alaska).

(d) The appropriations made from the constitutional budget reserve fund in secs. 1 - 9

of this Act ruid (a) - (c) of this section are made under art. IX, sec. l 7(c), Constitution of the

State of Alaska.

* Sec.18. Sections 30(b) and (c), ch. 3, FSSLA 2019, are repealed.

* Sec. 19. LAPSE. (a) The appropriations made in secs. 1 - 9 ruid 13 of this Act are for

capital projects ruid lapse tmder AS 37.25.020.

(b) The appropriations made in secs. 14 and 16 of this Act are for the capitalization of

funds and do not lapse.

(c) A grant awarded in this Act to a named recipient under AS 37.05.316 is for a

capital project and lapses under AS 37 .05.316 unless designated for a specific fiscal year.

* Sec. 20. RETROACTIVITY. (a) Sections 4 - 6 of this Act are retroactive to May 15,

2019.

(b) Sections 10, 13, 14(b), 15,ruid 16ofthisActareretroactivetoJune30,2019.

-25- CSSB 2002(FIN)

l (c) Sections 1-3, 7-9, 11, 12, 14(a), and 17-19ofthisActareretroactivetoJuly1,

2 2019.

3 * Sec. 21. CONTINGENCY. The appropriations made from the constitutional budget

4 reserve fund in secs. 1 - 9 of this Act are contingent on passage by the Thirty-First Alaska

5 State Legislature in the Second Special Session and enactment into law of the appropriation

6 made in sec. l 7(a) of this Act.

7 *Sec. 22. This Act takes effect immediately under AS Ol.I0.070(c).

CSSB 2002(FIN) -26-

AUTHENTICATION

The following officers of the Legislature certify that the attached enrolled bill, CSSB 2002(FIN),

consisting of 26 pages, was passed in conformity with the requirements of the constitution and

laws of the State of Alaska and the Uniform Rules of the Legislature.

Passed by the Senate July 20, 2019

ATTEST:

Liz~r~ Passed by the House July 29, 2019

;s;L<q~_ Bryce Edgmon, Speaker of the House

ATTEST:

20 It •

Item Sec P:age line - Item ----- Department Statewide Addiction Treatment Facllit!es capital Matching

l l 2 11 Grants- includes Intent language OCCEO Denali Commission - aean Water and Safe Sanitary Sewer

2 l 2 29 Disposal DCCED Federatlon of Community counclls, inc. - Anchorage Area

3 l 3 3 Community Patrols DCCED Federation of Community Councils, Inc. - Mountain View

4 l 3 6 Clean Up OCCED Marine Exchange of Alaska -Alaska VesS€l Tracking System

s 1 3 14 Upgrades and Expansion OCCED

Sterling Area Senior Citizens, Inc. - Safety and Security of

6 1 3 16 Seniors Projects: Hallway carpet and Kitchen Upgrade DCCED Yukon Flats School District - Chalkyitslk School Roof

7 l 3 20 Replacement on Potable WaterTank OCCEO Kenai - Earthquake Proofing of Library Shelving In Children's

8 1 3 28 Reading Roam OCCED

9 1 3 3l Soldotna - Patrol Vehicle Cameras DC CEO

10 l 4 10 Stratton Building Renovation DEED

ll l 5 5 Emergency Medical Services Match far Code Blue Project OHSS

l2 l 5 16 National Historic Preservation Fund DNR

13 l 5 24 AHFC Cold CU mate Housing Research Center DOR

14 l 5 28 AHFC Energy Programs Weatherizatlon DOR AHFC Teacher, Health and Public Safety Profess!onals

15 l 6 10 Housing DOR

16 l 6 2l Public and Community Transpartatlon State Match DOTPF University of Alaska Deferred M<i!ntenance, Renovation, and

l7 l 7 5 Repair UA

18 l 7 8 USArray Earthquake Monitoring Network UA

19 7 14 21 MH: AHFC Homeless Assistance Program DOR

20 7 l4 26 MH: Coordinated Transportation and Vehicles DOTPF

Office of Management and Budget 582002 Capltal Bill

Veto Summary

Total Amount - --- -·------- UGF -- OGF

(10,000,000.00)

(200,000.00}

(50,000.00) -(5,000.00) -

{400,000.00) -

(42,800.00) -(300,000.00) -

(15,000.00) -(70,000.00) -

{900,000.00) -

(S00,000.00)

(150,000.00)

(750,000.00) -(5,000,000.00)

{l,750,000.00)

{l,000,000.00)

(2,500,000.00) -

(2,S00,000.00) -(3,600,000.00)

{1,000,000.00) -

Page1of2

Other - -- --

(10,000,000.00)

- (200.000.00)

(50,000.00)

- (5,000.00)

(400,000.00)

(42,800.00)

(300,000.00)

(15,000.00}

(70,000.00)

- (900,000.00)

- {500,000.00)

{150,000.00)

- (750,000.00)

(5,000,000.00)

(1,750,000.00)

- {l,000,000.00)

- (2,500,000.00)

- l2,500,000.00)

- (3,600,000.00}

- (l,000,000.00}

FED Action Comments ---- -------The State's fiscal reaUty dfctates a reduction in

Veto expenditures across all agencies The State's fiscal real!ty dictates a reduction ln

Veto expenditures across all agenc:!es The State's fiscal reality dictates a reduction in

Veto expenditures across aU agencies The State's fiscal reality dictates a reduction In

- Veto expenditures across all agencies )

The State's fiscal reaUty dictates a reduction !n Veto expenditures across all agencies

The State's fiscal reaUty dictates a reduction In

- Voto expenditures across all agendes The State's fiscal reality dictates a reduction in

Veto expenditures across all agencies The State's fiscal reaUty dictates a reduction In

- Veto expenditures across all agencies The State's fiscal reality dictates a reduction In

veto expenditures across all agencies This property Is a priority for dlsposal because lt has

Veto multiple Interested buyers The State's fiscal reality dictates a reduction in

- Veto expenditures across all agencies The State's fiscal reality dictates a reduction in

- Veto expenditures across all agencies The State's fiscal reality dictates a reduction In

Veto expenditures across all agencies The State's fiscal reality dictates a reduction In

Veto expenditures across all agencies The State's fiscal reallty dictates a reduction in

) - Veto expenditures across all agencies

The State's fiscal reality dictates a reduction Jn

- Veto expenditures across all agencies $SM for OM was Included in SB19 - the University should

Veto advance their efforts for property disposal If this is a priority project it should be submitted for

- Veto consideration during FY21 development Partial Step down the reliance on state funds far these Veto programs

The State's fiscal reality dictates a reduction In Veto expenditures across all agencies

....... --- ........ ~ ......

21 ll(a) 17 23

22 11/C) 18 4

23 12 18 11

24 13 18 l5

25 14(a) 18 24

26 16 19 18

27 17(b) 24 26

·--... -- -·-···-··· Reapproprlate $2.00K in Exxon Vaid ex all spill restoration funds to the Prince William Sound Science Center for plannlng/constructfon of facl!lty DCCED

Alaska Industrial Development and Export Authority-Interior Gas Utility LNG facility in North Pole DCCEO Appropriate proceeds from the sale of Department of Education & Early Development state-owned land In Sitka to Mt. Edgecumbe boarding school DEED Reappropriate $34.6K from Department of Military and Veterans' Affairs Alaska Military Youth Academy Deferred Maintenance to Flattop Mountain Trail DNR Appropriate proceeds from the sale of Alaska marine highway system assets to the Alaska marine highway system vessel replacement fund OOTPF Alaska Housing Capital Corporation: Reapproprlate $9.3M In unspent capital project funds to the Alaska Housing Capital Corporation account Fund Transfers

Revenue shortfall CBR backfill language TBD

Office of Management and Budget

582002 Capital Bill Veto Summary

T• ·---·· ···--·-- --· --·

.

{4,000,000.00) . (4,000,000.00J

. . .

.

. . .

. .

TBD .

h ---·-·

.

.

TSO

.

TBD

TBD SBZ002 Veto Total (34,732,800.00) (4,000,000.00) (30,732,800.00)

Page 2of 2

·-- . ---·-·· (, --·--···-··--

If this is a priority project It should be submitted for . Veto consideration during FY21 development

The A!OEA board already approved a below-market loan . Veto to the Interior Gas UtHlty to support this project

Partial Veto remo\les unconstltutlonat references to future year )

. Veto appropriations Funding for projects that are complete should lapse to the general fund and new capita I projects should be

Veto established

Partial Veto removes unconstitutlonal references to future year Veto appropriations

Funding for projects that are complete should lapse to . Veto the general fund

Partial Veto removes references to 0 or a slmllar brl!" because Veto HB2001 was passed by the legislature

)

Section Page Line Item ·--··· 1 2 10 Community Block Grants

1 2 24 Alaska Travel Industry Association Arctic Winter Games Team Alaska - State Participations

1 2 26 Grant 2020

Hope Community Resources, Inc. - Upgrades to Housing to 1 3 8 Meet Stare & Federal Licensing Requirements

1 3 12 Jnter-lsland Ferry Authority Anchorage - Jewel Lake Road, Sand Lake Elementary School

1 3 25 Safety lighting Juneau - Lemon Creek Correctional Center Laundry

1 4 5 Expansion 1 4 14 Village Safe Water and Wastewater Projects

1 5 10 Arctic Strategic Transportation and Resources 1 5 12 Critical Minerals Mapping· 3DEEP 1 5 14 Geological Mapping for Energy Development

1 5 18 Wlldllfe Access Projects Ellgible for Pittman-Robertson Fund 1 5 26 AHFC Competitive Grants for Public Housing 1 5 30 AHFC Federal and Other Competitive Grants

1 5 32 AHFC Housing and Urban Development Federal HOME Grant

AHFC Rental Assistance for Victims - Empowering Choice 1 6 3 Housing Program

1 6 6 AHFC Senior Citizens Housing Development Program

1 6 8 AHFC Supplemental Housing Development Program

Alaska Marine Highway System Vessel Overhaul, Annual 1 6 15 Certification and Shoreside Facilities Rehabilitation

Decommissioning and Remediation of Class V Injection 1 6 19 Wells

Department DCCED

DCCED

DCCED

DCC ED

DCCED

DCCED

DOC DEC

DNR DNR DNR

DNR DOR

DOR

DOR

DOR

DOR

DOR

DOT PF

DOTPF

Office of Management and Budget 582002 Capital Budget

Funded Projects Summary

Total Amount UGF 60,000.00 -

7,420,000.00

38,500.00

85,000.00

250,000.00 -484,000.00 -

420,000.00 -12,080,000.00 -

2,500,000.00 . 600,000.00 -300,000.00 -

200,000.00 -350,000.00 -

1,500,000.00 -

750,000.00 -

1,500,000.00 -

1,750,000.00 -

3,000,000.00 -

13,500,000.00 -

2,200,000.00 -Page 1of3

DGF Other FED Action Comments 60,000.00 Keep leverages $6M In Federal funds

Provides for an expansion of tourism marketing 7,420,000.00 Keep activities in oational and international markets

Funds the international registration fee for calendar

- 38,500.00 . Keep year 2019

This is a lower cost option for these individuals thar .

- 85,000.00 Keep higher cost institutional settings .. ) DDTPF would have to provide this service at a higher

- 250,000.00 Keep cost if IFA does not provide it

- 484,000.00 Keep Legislative add This self-supporting industry program will employ

- 420,000.00 - Keep offenders in a small scale industry

- 12,080,000.00 - Keep Leverages $52.25M In Federal funds Will guide development of future infrastructure projects

2,500,000.00 . Keep in the North Slope - 600,000,00 Keep leverages $3M in Federal funds

300,000.00 Keep leverages $300K in Federal funds

- 200,000.00 Leverages Federal funds 350,000.00 - Keep Leverages $750K In Federal funds

- 1,500,000.00 Keep Leverages $6M in Federal funds

750,000.00 Keep leverages $4M in Federal funds Addresses the needs of homeless or near-homeless

families who are victims of domestic violence or sexual - 1,500,000.00 - Keep assault

Uses funds for grants to municipalities and pub Uc 01 " )

private non-profit corporations for the development of

- 1,750,000.00 - Keep senior citizen housing Provides funds to supplement federal (Housing and

Urban Development) funds to construct decent, safe,

- 3,000,000.00 Keep and sanitary housing

Annual maintenance and overhaul required to keep

- 13,500,000.00 . Keep vessels in service

Final phase of the US Environmental Protection Agency (EPA) required decommlssfonlng and remediation of 55

- 2,200.000.00 Keep ct ass V injection wells statewide

Section Page line Item 1 6 23 Federal Program Match 1 6 30 Statewide Federal Programs

1 7 13 Cyber Security Courts

1 7 14 Courts Statewide Deferred Maintenance

MH: Renovation Required to Accommodate Women's 4 11 10 Mental Health Unit at Hiland Mountain

7 14 10 MH: Assfstive Technology

7 14 11 MH: Deferred Maintenance and Accessibility Improvements

7 14 13 MH: Home Modifications and Upgrades to Retain Housing

7 14 19 MH: AHFC Beneficiary and Special Needs Housing

7 14 21 MH: AHFC Homeless Assistance Program

1 4 2S Statewide Deferred Maintenance Renovation and Repair 4 11 16 Electronic Visit Verification System lmplementat!on

Prior Year (FY02, FY08, FY16 and F'r'17) Expenditure 10 17 1 Ratifications

Appropriate AIOEA receipts for Northwest Arctic Borough 11(b) 17 31 school construction and major maintenance

Appropriate proceeds from the sale of Department of Education & Early Development state--owned land !n Sitka to

12 18 9 Mt. Edgecumbe boarding school Appropriate proceeds from the sale of Alaska marine h!ghway system assets to the Alaska marine highway system

14(a) lS 22 vessel replacement fund

Reappropriate unspent harbor grant funds to the harbor 14(b) 1S 26 facility grant fund for harbor facility matching grants

House Districts 35·36: Scope change Ketchikan Gateway 15 19 10 Borough on $7.SM GF project

Department DOTPF DOTPF

Judiciary

Judiciary

DOC

OHSS

DHSS

DHSS

OOR

DOR

GOV DHSS

DHSS& DNR

OCCEO

DEED

DOTPF

DOT PF

Office of Management and Budget 582002 Capital Budget


Total Amount UGF 73,300,000.00

238,329.00 -

973,000.00 -

1,500,000.00 -

2,540,000.00

500,000.00 -250,000.00

750,000.00 -

2,000.000.00

3,600,000.00 -

10,700,000.00 -680,200.00 -

7,067,628.21 7,067,628.21

2,000,000.00

TSO

TIJO -

1,604,457.00 -

-

Page 2 of3

DGF Other - -··-· FED -- Action ·--·-·· Comments -- ---·· -

- 73,300,000.00 - Keep Leverages$B77.2M in Federal funds 238,329.00 - Keep Leverages $38.SM In Federal funds

Provides the necessary tools to protect the court 973,000.00 - Keep system's computer infrastructure

Funds the highest priority deferred maintenance 1,500,000.00 - Keep projects for the court system

Provides funding to allow for the expansion and relocation of the existing women's acute Mental Hea. )

2,540,000.00 - Keep Unit This is a lower cost option for these Individuals than

- 500,000.00 - Keep higher cost Medicald services This is a lower cost option for these lnd!vld1..1als than

- 250,000.00 Keep higher cost Medicaid services This is a lower cost option for these individuals than

- 750,000.00 Keep higher cost Medicaid services This funding serves populations with special housing

- 2,000,000.00 Keep needs Step down the rel lance on state funds for these

3,600,000.00 Partial Veto programs Funds the highest priority statewide deferred

- 10,700,000.00 - Keep maintenance projects

- 680,200.00 - Keep This is necessary to meet Federal requirements

- - Keep This is a necessary financia1 dean·up item

- 2,000,000.00 - Keep Legislative add , ) Remove unconstitutional references to future year

- TSO Partial Veto appropriations

Remove unconstitutional references to future year - TSO Partial Veto appropriations

Th ls funding is necessary to complete priority harbor

- 1,604,457 .00 - Keep projects This Is simply a scope change on a prior year

- Keep appropriation

Section Page line Item

17(a} 24 14 CBR Reverse sweep language

17(b} 24 20 Revenue shortfall CBR backfill language

17{c) 25 19 CBR $2SOM "Head Room" for Supplemental Requests

Department

Multiple

TBO

TBO

582002 Total

Office of Management and Budget ss2002 Capital Budget


Total Amount UGF

TBO

TBO -

TBO 156,691,114.21 7,067,628.21

Page 3 of3

DGF - - Other - --- FED --- Action - ·-----· Comments --

This is necessary to ensure timely payment of Alaska Performance Scholars hips and other programs that have

- TBO Keep funding reliant on a reverse sweep

TBO - Part!al Veto Remove references to "or similar billn This will assist with the timely passage of potentia

TSO - Keep emergency supplemental requests ' )

149,623,486.00

)

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

FOURTH JUDICIAL DISTRICT AT FAIRBANKS

STANLEY ALLEN VEZEY,

Plaintiff, vs.

) ) ) ) )

BRYCE EDGMON, Speaker of the ) Alaska State House of Representatives, ) and CATHERINE A. GIESSEL, ) President of the Alaska State Senate, ) individually, )

Defendants. ) )

'--~~~~~~~~~~~)

;- d .. J::[,1 rn Uh:; i na: vuur l~; of A!n:;kn Fourtli DisfriGI

NOV 2 2 2019

CASE NO. 4FA-19-02233CI

AFFIDAVIT OF STANLEY ALLEN VEZEY

ST A TE OF ALASKA ) ) §§

fOURTH JUDICIAL DISTRICT )

I I, Stanley Allen Vezey, upon oath or affirmation, do hereby depose and

!state the following is true and correct to the best of my knowledge:

11. That, I have personal knowledge of all facts described herein and am com-

petent to testify thereto;

That, I have been a resident of Alaska for over 40 years;

That, I was a member of the Alaska State House of Representatives for six

years. I served in the house from 1993 through 1999. I was the House

Majority Leader for two years;

r That, I received my Permanent Fund Dividend check in October 2019;

I

5. That, I have received Permanent Fund Dividend checks every year beginning

with the year 1982;

6. That, I pay taxes and fees for my professional licenses, my mandatory

continuing education, purchases of motor, aviation, and marine fuel, vehicle

registrations, Borough property taxes, and hunting, fishing and trapping

licenses. As an employer I pay notice of work fees to the Department of

Labor, state unemployment insurance, Department of Environmental

Conservation fees, and numerous permits including land use permits.

Moreover, when the Legislature began using part of the Permanent Fund

earnings to fund government services instead of transferring its share of the

earnings to the principal of the Fund, every recipient of the PFD, including

me, became a taxpayer.

FURTHER YOUR AFFIANT SA YETH NAUGHT.

DATED this zz_ day November, 2019, at Fairbanks, Alaska.

\--. )

TO before me this M day ofNovember, 2019. Jo ~-~/V, /"\

~\{, \ ) ~ L/ J FJi otary Public in and for Alaskj j

· y Commission Expires: li :J. ~ J-o J-?-7 J

:js

2

Documents

nf Alaska NOV 2 2 2019 · 2019. 11. 25. · Alaska Constitution, including compliance by the legislature."2 It is undeniable that this case involves public policy considerations that