2006-02-08                     House Journal                      Page 2463
HB 434                                                                                            
HOUSE BILL NO. 434 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    

2006-02-08                     House Journal                      Page 2464
     "An Act authorizing the commissioner of transportation and                                     
     public facilities to participate in certain federal highway programs                           
     and relating to that authorization; relating to powers of the                                  
     attorney general to waive immunity from suit in federal court                                  
     related to those programs; and providing for an effective date."                              
                                                                                                    
was read the first time and referred to the Transportation, Judiciary,                              
and Finance Committees.                                                                             
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
2.  Fiscal, Dept. of Transportation & Public Facilities                                             
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated February 7, 2006, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would authorize the Alaska Department of                                   
Transportation and Public Facilities to assume certain federal                                      
programmatic and environmental responsibilities as provided for by                                  
the United States Congress in the Safe, Accountable, Flexible,                                      
Efficient Transportation Equity Act:  A Legacy for Users (SAFETEA-                                  
LU), P.L. 109-59.  A prerequisite to assumption of the duties is that                               
the State of Alaska agree to a waiver of immunity to suit in federal                                
court for those duties specifically assumed from the United States                                  
Department of Transportation.                                                                       
                                                                                                    
                                                                                                    
Under the recent SAFETEA-LU amendments, the State of Alaska is                                      
one of only five named states with the opportunity to participate in a                              
so-called "pilot program" for assumption of duties and responsibilities                             
under 23 U.S.C. 327 (National Environmental Policy Act of 1969).                                    
This bill provides a unique opportunity for the State of Alaska to have                             
more direct involvement, and control, in the planning and decision-                                 
making process involved with many public projects.                                                  
                                                                                                    

2006-02-08                     House Journal                      Page 2465
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"