Legislature(2009 - 2010)
04/14/2009 02:56 PM House TRA
| Audio | Topic |
|---|---|
| Start | |
| SB148 | |
| SB59 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 148-LIABILITY FOR TRIBAL ROAD CONSTRUCTION 2:57:03 PM CHAIR WILSON announced that the first order of business would be CS FOR SENATE BILL NO. 148(JUD), "An Act relating to limitation of state liability on certain federal highway programs; and providing for an effective date." 2:57:14 PM DOROTHY SHOCKLEY, Staff, Senator Albert Kookesh, Alaska State Legislature, stated that SB 148 would resolve the issue of liability to the state or employees of the state when partnering with federally recognized tribes under the Indian Reservations Road Program. This bill will assist by leading to long-term improvements in the state's overall transportation infrastructure. As DOT&PF prepares for the next State Transportation Improvement Plan (STIP), for the first time Indian tribes can bring forth matching and maintenance funds. She referred to packet materials including two lists, one showing allocation, and the other detailing the shares per mile and per population. She related that DOT&PF prepared an overview of funding and road inventory funding. She noted that the roads in question are owned by the state and local governments. She highlighted the IRR funding for Alaska tribes and stipulations for IRR funding, which allows up to 25 percent for road maintenance, matching funds, and design and construction. She explained that the economic stimulus funding is estimated at $35 million. She concluded by stating that the bill will resolve the state's liability issue. 3:00:41 PM CHAIR WILSON recapped that SB 148 is basically to address Indian tribe road issues. She stated that this could allow for additional jobs on DOT&PF projects, and limits the state's liability. 3:01:34 PM MARY SIROKY, Legislative Liaison, Office of the Commissioner, Department of Transportation & Public Facilities (DOT&PF), explained that the Department of Transportation & Public Facilities supports the bill. She related that the DOT&PF asked Senator Kookesh to carry the bill. The bill will assist DOT&PF to partner with tribes and will make it much easier for tribal personnel to build technical skills to maintain their own roads. 3:02:25 PM CHAIR WILSON, after first determining no one else wished to testify, closed public testimony on SB 148. 3:02:43 PM REPRESENTATIVE JOHNSON asked whether the bill will waive the state's liability if someone is working on the roads. MS. SIROKY answered that SB 148 clearly identifies when an Indian tribe is working on a road using Indian Reservation Road (IRR) funds, the state remains liable for the underlying design. Thus, if a vehicle has an accident due to a design flaw, the state is still liable. 3:03:42 PM REPRESENTATIVE JOHNSON asked whether the state is compensated for the design work for the federal government. MS. SIROKY offered an example in which a road was built and an accident occurred while the Indian tribe was performing maintenance. If a lawsuit was filed due to the curb being too sharp, the state would be held liable. However, in the event that the road is not properly maintained and an accident is caused due to icy roads, the Indian tribe would be held liable. REPRESENTATIVE JOHNSON asked how SB 148 would benefit the state. MS. SIROKY answered this bill would allow the DOT&PF to access millions of federal dollars specifically allocated to Indian tribes. She related that $38 million has been allocated in the economic stimulus funds alone. She offered that the goal would be for Indian tribes to take over road maintenance. Additionally, the DOT&PF would have opportunities to partner with Indian tribes on projects using IRR funding. She reiterated that SB 148 will offer opportunities for the DOT&PF to partner on projects. 3:06:03 PM REPRESENTATIVE GRUENBERG related his understanding that the state's liability is governed by existing statutes already. This bill would not affect those statutes nor will it affect people's ability to seek compensation for negligence caused by the Indian tribe. In those instances the person would proceed under the Federal Tort Claims Act (FTCA). MS. SIROKY agreed. She noted that the DOT&PF attorney is available for more details. 3:07:07 PM REPRESENTATIVE MUNOZ related her understanding that the DOT&PF is currently working on a Memorandum of Understanding for the Indian tribes to determine the responsibilities and any opportunities to partner. MS. SIROKY agreed. She stated the state's liability issue was always the biggest hindrance. She opined that SB 148 will resolve the matter in statute. 3:07:47 PM REPRESENTATIVE MUNOZ made a motion to adopt Amendment 1, labeled 26-G-1, (4/8/2009), (1:27 PM), which read [original punctuation provided]: Page 1, line 14: Delete "due to" REPRESENTATIVE MUNOZ explained the language deletion in Amendment 1 was brought to her attention by Senator Kookesh. She related that with the amendment the sentence flows better and ambiguity is reduced. REPRESENTATIVE JOHANSEN objected. 3:08:56 PM MS. SHOCKLEY advised members that Senator Kookesh supports Amendment 1. REPRESENTATIVE JOHANSEN removed his objection. There being no further objection, Amendment 1 was adopted. 3:09:14 PM REPRESENTATIVE MUNOZ moved to report the House committee substitute (HCS) CSSB 148(JUD), as amended, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, HCS CSSB 148(TRA) was reported from the House Transportation Standing Committee. 3:09:58 PM
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