Legislature(2001 - 2002)
2001-07-20 Senate Journal
Full Journal pdf2001-07-20 Senate Journal Page 1874 SB 88 Message dated and received July 5, stating: Dear President Halford: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: SENATE BILL NO. 88 am H "An Act relating to metropolitan planning organizations and to establishment of a metropolitan planning organization for the Anchorage metropolitan area; and providing for an effective date." 2001-07-20 Senate Journal Page 1875 This bill presents serious difficulties under two different constitutional doctrines. It violates the provisions against dual office hold by legislators found in art II, sec. 5 of the Alaska Constitution. Furthermore, it appears that the planning organization for the Anchorage Metropolitan Area Transportation Study (AMATS) becomes a state agency, because the majority of the members of the body are state officials. That being the case, legislators and appointees by the governor may not serve in the same organization without violating the separation of powers doctrine. Despite the constitutional infirmities in this bill, it is flawed on a more basic premise. It transforms an inherently local process, transportation planning, into a state process. In other words, local government will be precluded from finding local solutions to local problems. The Federal Highway Administration has taken the position that this bill likely violates provisions in 23 U.S.C. 134, which require local participation in redesignation of metropolitan planning areas like Anchorage. That statute requires involvement of local officials in the redesignation of a Metropolitan Planning Organization (MPO). Because this new MPO will be forced upon the Anchorage area, there is the very real possibility that approximately $35,000,000 annually in federal money could be withheld from surface transportation projects in the Anchorage area. I had the honor of serving on the AMATS Policy Committee and seeing the process in action as a former Anchorage Assembly member and mayor. I know first-hand the importance and effectiveness of the grass roots authority and responsibility the AMATS gives to critical transportation decisions. I will not allow that to be diminished. Sincerely, /s/ Tony Knowles Governor