Legislature(1997 - 1998)
03/11/1998 01:11 PM House TRA
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
JOINT HOUSE AND SENATE TRANSPORTATION
STANDING COMMITTEES
March 11, 1998
1:11 p.m.
HOUSE MEMBERS PRESENT
Representative William K. (Bill) Williams, Chairman
Representative Beverly Masek, Vice Chair
Representative John Cowdery
Representative Bill Hudson
Representative Jerry Sanders
Representative Kim Elton
Representative Albert Kookesh
HOUSE MEMBERS ABSENT
All members present
SENATE MEMBERS PRESENT
Senator Jerry Ward, Chairman
Senator Gary Wilken, Vice Chairman
Senator Dave Donley
Senator Georgianna Lincoln
SENATE MEMBERS ABSENT
Senator Rick Halford
Senator Lyda Green
COMMITTEE CALENDAR
PRESENTATION: PORT OF TACOMA [This portion of the meeting was Joint
with the Senate Transportation Committee]
CS FOR SENATE BILL 259(TRA) AM
"An Act relating to the membership of a metropolitan highway
planning organization."
- MOVED CSSB 259(TRA) AM OUT OF COMMITTEE
HOUSE BILL 227
"An Act relating to the Alaska Capital Improvement Project
Authority; relating to the powers and duties of the Department of
Transportation and Public Facilities; and providing for an
effective date."
- MOVED CSHB 227(TRA) OUT OF COMMITTEE
* HOUSE BILL 291
"An Act requiring certain motor vehicles to yield to following
traffic."
- MOVED CSHB 291(TRA) OUT OF COMMITTEE
PRESENTATION: PORT OF BELLINGHAM [This portion of the meeting was
Joint with the Senate Transportation Committee]
(* First public hearing)
PREVIOUS ACTION
BILL: SB 259
SHORT TITLE: METROPOLITAN PLANNING AUTHORITY
SPONSOR(S): TRANSPORTATION
Jrn-Date Jrn-Page Action
1/26/98 2300 (S) READ THE FIRST TIME - REFERRAL(S)
1/26/98 2300 (S) TRANSPORTATION
2/20/98 2591 (S) TRA RPT CS 4DP 1NR NEW TITLE
2/20/98 2591 (S) DP: WARD, LINCOLN, HALFORD, GREEN
2/20/98 2591 (S) NR: WILKEN
2/20/98 2591 (S) ZERO FISCAL NOTE TO SB & CS (DOT)
2/24/98 2630 (S) RULES TO CALENDAR 2/24/98
2/24/98 2632 (S) READ THE SECOND TIME
2/24/98 2632 (S) TRA CS ADOPTED UNAN CONSENT
2/24/98 2632 (S) AM NO 1 ADOPTED UNAN CONSENT
2/24/98 2632 (S) ADVANCED TO THIRD READING UNAN
CONSENT
2/24/98 2632 (S) READ THE THIRD TIME CSSB 259(TRA) AM
2/24/98 2633 (S) PASSED Y20 N-
2/24/98 2637 (S) TRANSMITTED TO (H)
2/25/98 2418 (H) READ THE FIRST TIME - REFERRAL(S)
2/25/98 2418 (H) TRANSPORTATION
3/11/98 2618 (H) TRA AT 1:00 PM FAHRENKAMP RM 203
BILL: HB 227
SHORT TITLE: CAPITAL IMPROVEMENT PROJECT AUTHORITY
SPONSOR(S): REPRESENTATIVES(S) PHILLIPS, Cowdery
Jrn-Date Jrn-Page Action
4/03/97 923 (H) READ THE FIRST TIME - REFERRAL(S)
4/03/97 923 (H) TRANSPORTATION
4/21/97 (H) TRA AT 1:45 PM CAPITOL 17
4/21/97 (H) MINUTE(TRA)
2/09/98 (H) TRA AT 1:00 PM CAPITOL 17
2/09/98 (H) MINUTE(TRA)
2/25/98 (H) MINUTE(TRA)
3/02/98 (H) TRA AT 1:00 PM CAPITOL 17
3/02/98 (H) MINUTE(TRA)
3/09/98 (H) TRA AT 1:00 PM CAPITOL 17
3/09/98 (H) MINUTE(TRA)
3/09/98 2574 (H) FIN REFERRAL ADDED
3/11/98 (H) TRA AT 1:00 PM FAHRENKAMP RM 203
BILL: HB 291
SHORT TITLE: SLOW VEHICLES MUST PULL OVER
SPONSOR(S): REPRESENTATIVES(S) HODGINS
Jrn-Date Jrn-Page Action
1/12/98 2020 (H) PREFILE RELEASED 1/2/98
1/12/98 2020 (H) READ THE FIRST TIME - REFERRAL(S)
1/12/98 2021 (H) TRANSPORTATION, JUDICIARY
3/02/98 (H) TRA AT 1:00 PM CAPITOL 17
3/11/98 (H) TRA AT 1:00 PM FAHRENKAMP RM 203
WITNESS REGISTER
RICHARD MARZANO, President
Port of Tacoma
(Address not provided)
Telephone: (Not provided)
POSITION STATEMENT: Presented an overview of the Port of Tacoma.
CLARE PETRICH, Commissioner
Port of Tacoma
(Address not provided)
Telephone: (Not provided)
POSITION STATEMENT: Participated in the overview of the Port of
Tacoma.
ANDREA RINIKER, Executive Director
Port of Tacoma
(Address not provided)
Telephone: (Not provided)
POSITION STATEMENT: Participated in the overview of the Port of
Tacoma.
ROBERT DeWALD, Senior Director
Industrial Development and Real Estate
Port of Tacoma
(Address not provided)
Telephone: (Not provided)
POSITION STATEMENT: Participated in the overview of the Port of
Tacoma.
DAVE DONLEY, Senator
Alaska State Legislature
Capitol Building, Room 508
Juneau, Alaska 99801
Telephone: (907) 465-3892
POSITION STATEMENT: Provided information on SB 259.
MITCHELL GRAVO, Lobbyist
Municipality of Anchorage
170 Botanical Circle
Anchorage, Alaska 99515
Telephone: (907)2244-2884
POSITION STATEMENT: Testified on behalf of the Municipality of
Anchorage.
TOM BRIGHAM, Director
Division of Statewide Planning
Department of Transportation and
Public Facilities
3132 Channel Drive
Juneau, Alaska 99801
Telephone: (907) 465-4070
POSITION STATEMENT: Testified in opposition to SB 259.
MARCO PIGNALBERI, Legislative Assistant
to Representative Cowdery
Alaska State Legislature
Capitol Building, Room 416
Juneau, Alaska 99801
Telephone: (907) 465-3879
POSITION STATEMENT: Provided information on HB 227.
PETER ECKLUND, Legislative Assistant
to Chairman Williams
Alaska State Legislature
Capitol Building, Room 424
Juneau, Alaska 99801
Telephone: (907) 465-3424
POSITION STATEMENT: Provided information on HB 227.
TOM MANNINEN, Legislative Administrative
Assistant to Representative Hodgins
Alaska State Legislature
Capitol Building, Room 110
Juneau, Alaska 99801
Telephone: (907) 465-4853
POSITION STATEMENT: Testified on behalf of Representative Hodgins,
sponsor of HB 291.
SCOTT WALKER, Commissioner
Port of Bellingham
(Address not provided)
Telephone: (Not provided)
POSITION STATEMENT: Participated in the overview of the Port of
Bellingham.
JIM DARLING, Executive Director
Port of Bellingham
(Address not provided)
Telephone: (Not provided)
POSITION STATEMENT: Participated in the overview of the Port of
Bellingham.
DEL PEARSON, Marketing Director
Port of Bellingham
(Address not provided)
Telephone: (Not provided)
POSITION STATEMENT: Participated in the overview of the Port of
Bellingham.
PAM LaBOLLE, President
Alaska State Chamber of Commerce
217 Second Street, Suite 201
Juneau, Alaska 99801
Telephone: (907) 586-2323
POSITION STATEMENT: Commented on the Alaska State Chamber's annual
trip.
ACTION NARRATIVE
TAPE 98-13, SIDE A
Number 0001
CHAIRMAN JERRY WARD called the Joint House and Senate
Transportation Standing Committee meeting to order at 1:11 p.m.
Members present at the call to order were Representatives Williams,
Masek, Hudson, Sanders, and Elton. Representative Cowdery and
Kookesh arrived as the meeting was in progress. Senate members
present at the call to order were Senators Ward, Wilken and
Lincoln.
CHAIRMAN WARD announced the meeting would be chaired jointly by
himself and Representative Williams.
PRESENTATION: PORT OF TACOMA
[This portion of the meeting was Joint with the Senate
Transportation Committee] NOTE: The meeting was recorded. A copy
of the tape(s) may be obtained by contacting the House Records
Office at 130 Seward Street, Suite 211, Juneau, Alaska 99801-1182,
(907) 465-2214, and after adjournment of the second session of the
Twentieth Alaska State Legislature, in the Legislative Reference
Library.
SUMMARY OF INFORMATION
Number 0125
RICHARD MARZANO, President, Port of Tacoma, presented an overview
of the Port of Tacoma by showing slides. He discussed the
importance of Alaska to the Port of Tacoma.
Number 1092
CLARE PETRICH, Commissioner, Port of Tacoma, participated in the
overview of the Port of Tacoma. She explained the similarities of
the Port of Tacoma, Alaska and the economy.
Number 1426
ANDREA RINIKER, Executive Director, Port of Tacoma, participated in
the overview of the Port of Tacoma. She also discussed the
competition aspects of the Port of Tacoma.
Number 1690
ROBERT DeWALD, Senior Director, Industrial Development and Real
Estate, Port of Tacoma, participated in the overview of the Port of
Tacoma. He discussed longshoreman and port costs.
CSSB 259(TRA) AM - METROPOLITAN PLANNING AUTHORITY
[This portion of the meeting was with the House Transportation
Committee members only].
Number 1850
CHAIRMAN BILL WILLIAMS announced the committee would address CSSB
259(TRA) AM, "An Act relating to the membership of a metropolitan
highway planning organization," sponsored by the Senate
Transportation Committee.
Number 1905
SENATOR DAVE DONLEY came before the commtitee. He explained the
federal government requires that cities over 50 thousand have a
metropolitan planning organization in place to be able to utilize
federal funds for programs in their cities. There are additional
federal planning requirements when a metropolitan area is over 200
thousand. He pointed out this bill would set out in state statute
how such a committee would be organized in Alaska. The one that is
organized is the Anchorage Metropolitan Area Transportation Study
(AMATS). Senator Donley said it's organized by an operating
agreement between the governor and the mayor. The governor would
have two appointments and the mayor would have himself and two
appointments which have been two assembly members. The only
elected officials, representing the City of Anchorage, that aren't
included on that committee are legislators.
Number 1947
SENATOR DONLEY said the Anchorage Caucus, the 26 legislators that
represent some portion of Anchorage, set this is a priority that
there be legislative involvement in that planning process and
recommended SB 259, which is sponsored by the Senate Transportation
Committee. He mentioned it passed the Senate unanimously [February
24, 1998]. Senator Donley explained that it would set out that the
committee would exist of six members instead of five members and
would say that the governor would appoint one member, one member
would be from the House of Representatives chosen by the members
from that area and one member from the Senate chosen by the members
from that area.
Number 1985
SENATOR DONLEY referred to a letter from the Federal Highway
Administration (FHA) [January 30, 1998] saying that this would not
endanger our federal funds in any way, although they're not
expressing an opinion, there's nothing in federal law that requires
it to be constructed the way it currently is.
Number 2041
MITCHELL GRAVO, Lobbyist, Municipality of Anchorage, came before
the committee. He informed the committee that there has been some
discussion with the [Anchorage] Assembly and the mayor on this
issue, and he believes Senator Donley also had further discussions
with them about some potential changes that might make everyone
happy on this issue. Mr. Gravo said the Anchorage members have a
resolution and a letter from the assembly stating their position.
There were some members who wanted to testify today but weren't
able to because of the teleconference issue. He reiterated that
they want to continue to work with Senator Donley to come up with
a potential solution that makes both the legislature and the local
government happy on this issue.
REPRESENTATIVE BILL HUDSON asked what the next committee of
referral is.
CHAIRMAN WILLIAMS responded the House Rules Committee.
Number 2108
TOM BRIGHAM, Director, Division of Statewide Planning, Department
of Transportation and Public Facilities (DOT/PF), testified in
opposition to SB 259. He said he assumes committee members have
heard from the Municipality of Anchorage and stressed that DOT/PF
is not in favor of the bill. Some reasons that are straightforward
and obvious. It reduces the governor's appointees on AMATS from
two to one. Secondly, at this point in time when Anchorage is
being considered as a serious non-attainment area [of air quality
standard with regard to carbon monoxide], it seems unwise to, in
effect, take a Department of Environmental Conservation (DEC)
representative off of AMATS. He indicated Fairbanks has just gone
from moderate to serious non-attainment, there's talk of that
happening to Anchorage. He indicated he frankly doesn't know the
probability of that at this point in time, but Anchorage is still
being considered classified in the non-attainment status. Mr.
Brigham said, "Our sense it's's probably unwise to eject, in
effect, DEC from AMATS if that's the case."
Number 2167
REPRESENTATIVE KIM ELTON stated that apparently the members of the
Anchorage Caucus have heard Anchorage's position. Maybe someone
can tell him what the municipality's position is at this point in
time.
Number 2181
SENATOR DONLEY replied the Anchorage Caucus, assembly and mayor had
a series of meetings. The original proposal was just to add two
legislators. They felt that would skew the balance of power in
favor of the state because you would have four state members and
three local members. He said the proposal was then modified so
there would be a balance, deleting the one governor position so
that it would be three and three. He said in his latest conversion
with the assembly, they'd like to see it a four to three. He
indicated he's been talking to Senator Ward and would like to get
the chairman of the Transportation Committee involved in that
discussion also.
SENATOR DONLEY concluded, "I think they're [Anchorage Assembly]
opposed to it the way it is now, but I think there's an opportunity
to do another step here which, hopefully, we'd do before the Rules
Committee proposal to have a balance appear like that with Senator
Ward's cooperation on that. Additionally, I'd point out that one
of the Anchorage positions is a representative to Southcentral
Clean Air Coalition or that provision, so there is currently a
designated spot also, as far as air quality concerns, also on the
existing AMATS. Obviously, DEC has a roll in that too."
Number 2237
REPRESENTATION JOHN COWDERY made a motion to move CSSB 259 (TRA)
out of committee with individual recommendations and with the
attached zero fiscal note. There being no objection, CSSB 259
(TRA) moved out of the House Transportation Standing Committee.
HB 227 - CAPITAL IMPROVEMENT PROJECT AUTHORITY
Number 2267
CHAIRMAN WILLIAMS announced the next order of business would be HB
227, "An Act relating to the Alaska Capital Improvement Project
Authority; relating to the powers and duties of the Department of
Transportation and Public Facilities; and providing for an
effective date," sponsored by Representative Phillips.
Number 2271
REPRESENTATIVE BEVERLY MASEK made a motion to adopt proposed
Amendment 1, amending Version LS0789\F, Utermohle, page 14, lines
13 and 14, to read:
provide information requested by the Alaska Capital
Improvement Project Authority.
CHAIRMAN WILLIAMS objected for the purpose of discussion.
REPRESENTATIVE MASEK said she understands there is a new committee
substitute before them. She referred to page 14, lines 16 and 17
in the new version, CSHB 227(TRA), LS0789\H, Utermohle, 3/6/98, and
said the conceptual amendment would delete "assistance,
information, staff, and other support."
Number 2394
MARCO PIGNALBERI, Legislative Assistant to Representative Cowdery,
Alaska State Legislature, came before the committee to provide
information on HB 227.
CHAIRMAN WILLIAMS asked for a motion to adopt the proposed CSHB
227(TRA).
REPRESENTATIVE MASEK made a motion to adopt proposed CSHB 227(TRA),
LS0789\H, Utermohle, 3/6/98, and conceptual Amendment 1. There
being no objection, CSHB 227(TRA) and Amendment 1 were adopted.
MR. PIGNALBERI indicated his reading of the amendment is that the
DOT/PF would not be able to provide assistance and staff to the
authority. He asked it that's the intent.
REPRESENTATIVE MASEK reiterated it just strikes out "assistance,
information, staff, and other support" and would be replaced with.
"provide information requested by the Alaska Capital Improvement
Project Authority."
Number 2454
REPRESENTATIVE COWDERY remarked we discussed that we didn't want to
add or take away from staff.
TAPE 98-13, SIDE B
Number 0030
REPRESENTATIVE MASEK replied, "It just asks that the Alaska Capital
Improvement Project Authority provide the information and how they
do it, I don't know. I believe this does not have to be there -
the assistance, information, staff, and other support."
MR. PIGNALBERI indicated the way he would view the impact of this,
and he is seeking concurrence with the sponsor of the amendment in
his understanding, is that because the statewide planning group
from DOT/PF, Headquarters, would be, in effect, transferred over to
the authority, that will provide the staff function. He stressed
that he wanted to make sure that the amendment isn't meant to gut
that arrangement because then the authority would be left with
absolutely no staff. Otherwise, if that's not the intent, if it is
the intent to allow the Headquarters Planning group to move over to
the authority, then he doesn't think there is a problem with the
amendment.
REPRESENTATIVE MASEK noted DOT/PF would provide the information
requested by the authority, it has nothing to do with deleting or
adding staff.
Number 0102
REPRESENTATIVE ELTON said he supports the amendment. He stated he
believes the amendment prevents the bifurcation of staff
accountability. If it is left in, it would seem that the authority
has as much control over DOT/PF staff as the commissioners office
does. He doesn't read it as prohibiting what some may want to
accomplish, but reads it as prohibiting the authority from
directing any other DOT/PF staff to accomplish authority business
rather than departmental business.
REPRESENTATIVE MASEK said she agrees with Representative Elton.
REPRESENTATIVE HUDSON said he agrees as well. It eliminates the
legislature, through this bill, directing the department to provide
staff. They're still going to provide the information that is
requested, and he's sure they'll continue to be of assistance
because it has to work that way. It will not be, as his colleague
said, bifurcation of responsibilities. It will delineate that the
two are separate but they work together. Representative Hudson
stated he doesn't have anything to do with Mr. Pignalberi's
question of staff.
REPRESENTATIVE COWDERY remarked at this time he wouldn't object to
this amendment.
Number 0188
CHAIRMAN WILLIAMS stated there being no objection, Amendment 1 was
adopted.
Number 0198
REPRESENTATIVE ELTON made a motion to move proposed Amendment 2,
amending CSHB 227, Version LS0789\H, Utermohle, 3/6/98:
Page 4, line 25 after "hire"
Delete: "the minimum of staff, including a director,"
Insert: "only a director and secretarial staff"
Page 4, line 29, after "AS 37.07." add a new sentence to read:
"The legislature shall appropriate money from the general fund
sufficient to provide the authority with funds to pay the
authority's salaries, per diem, travel, hearings, and
administrative costs."
Number 0237
REPRESENTATIVE ELTON pointed out this gets to the issue that Mr.
Pignalberi spoke to just a moment ago, and the purpose of the
amendment is to ensure that we're not setting up competing
bureaucracies. If we are going to enter into this new arena of
creating a separate line of authority for some of the DOT/PF
Capital Projects, that he thinks what we don't want is to establish
competing bureaucracies. What we want to do is we want to ensure
that we take a small step rather than a big step and determine what
is needed. The net effect of this amendment is that, to begin
with, the authority will be staffed by a director and the
appropriate secretarial staff.
REPRESENTATIVE ELTON said to further ensure that the legislature
doesn't completely give up control, by adding to line 29 a simple
statement that, "The legislature shall appropriate money from the
general fund sufficient to provide the authority with funds to pay
the authority's salaries, per diem, travel, hearings, and
administrative costs." He stressed that's important because we
don't want to be taking money from existing operations and existing
agencies within the department to support something. We want to
make sure that the legislature, when they create something, is
willing to spend the money necessary to do that without taking the
money away from somebody else.
Number 0299
MR. PIGNALBERI indicated he sees a serious problem with this
amendment. He spoke on the second half of the amendment on page 4,
line 29, having to do with the funding. The problem with this
language is that it tends to bind future legislatures and really
the authority, under the current scenario, would have to come
forward for funding just like any other agency or department. He
thinks that's the way the legislature would want to keep it.
Secondly, the language really prevents the alternative funding
sources, if the authority staff (if you would accept the first half
of the amendment), could be funded by federal highway funds, or
program receipts, or any other fund. This would prevent it because
it so narrowly defined.
MR. PIGNALBERI concluded, as to the first half of the amendment, on
line 25, requiring that the authority hire only a director and
secretarial staff. It may be that the DOT/PF even would wish for
a planner or a planning engineer to be part of the authority's
staff. That's the kind of thing that should be allowed to develop
as the relationship between the authority and the department
evolves, and this takes that opportunity away.
Number 0356
REPRESENTATIVE ELTON stated he appreciates the concerns that we
might be able to use federal dollars for part of the operation, but
he would suggest that we can use those federal dollars in other
ways also. We don't need to use those federal dollars to support
a bureaucracy. What we need to do is use federal dollars to build
roads or improve harbors.
REPRESENTATIVE ELTON said the other thing that he would note, as to
the first part of the amendment, is this induces cooperation, this
essentially means that the authority and the department are going
to have to cooperate to get the job done. Representative Elton
said he believes anything that we can do to induce cooperation is
good.
MR. PIGNALBERI said, "I would only say that it has the effect of
killing the 'baby in the manger.' If we're undertaking a new
organization within state government, we want it to have the
flexibility to evolve in the most constructive and positive way it
can to do its job and by placing these kinds of limitations on it,
before it's born, will not allow it to grow and develop."
Number 0402
REPRESENTATIVE HUDSON indicated he is hesitant to sign onto
something in the statutes that essentially dictates that they can
only have a director and secretarial staff because he's pretty
convinced that this operation is going to have to go through the
Executive Budget Act, which means that probably it will have to
have some sort of an administrative assistant, probably an
administrative officer III at least, or I or II, in order to get
the job done. Secretaries, by their normal description, don't have
that kind of a background, and the director he thinks probably,
while you can hire someone with that kind of background -- there's
going to be some travel, there's going to be some additional
expenses. With that in mind, he is not inclined to support the
amendment.
Number 0446
REPRESENTATIVE MASEK spoke in support of Amendment 2. She said
Representative Elton made some good points because, even if this
bill were to go out in a fashion, it's still going to require
travel and other costs are going to occur. Representative Masek
reiterated even if this amendment isn't adopted, there's still
going to be those costs occurring.
REPRESENTATIVE COWDERY asked for a vote on the amendment because he
has to catch a flight in 30 minutes.
REPRESENTATIVE ELTON responded he would consider a friendly
amendment if it's offered. But secondly, as to the comment about
the "baby in the manger," which made him shiver a little bit, he
believes what they are trying to do here is to make sure the baby
can walk before we make it run.
Number 0496
CHAIRMAN WILLIAMS asked for a roll call vote on Amendment 2.
REPRESENTATIVE HUDSON asked if they could split the question. He
said if you took line 25 and left the minimum staff including the
director, he would feel comfortable with that. But then leave the
second part of that as the second part of the question which would
beg the question of whether or not we should require that the
legislature, if they want to do this, put the money in the budget.
Number 0524
CHAIRMAN WILLIAMS asked if there was an objection to dividing the
amendment. There being no objection, Chairman Williams explained
page 4, line 25, will be referred to as Amendment 2B which adds a
new sentence, the lower half of the amendment.
REPRESENTATIVE ELTON asked for clarification. He asked if the
amendment on page 4, line 29 is Amendment 2, and the amendment to
page 4, line 25 is 2B.
CHAIRMAN WILLIAMS replied page 4, line 29 is Amendment 2B.
REPRESENTATIVE MASEK asked for clarification of the top section of
the amendment.
CHAIRMAN WILLIAMS replied Amendment 2A. He asked if there was an
objection to Amendment 2A.
REPRESENTATIVE COWDERY objected.
CHAIRMAN WILLIAMS asked for a roll call vote on Amendment 2.
Representatives Elton and Masek voted in support of the amendment.
Representatives Hudson, Sanders, Cowdery and Williams voted against
it. Therefore, Amendment 2 failed by a vote of 2 to 4.
Number 0600
CHAIRMAN WILLIAMS asked if there was an objection to adopting
Amendment 2B. There being none, Amendment 2B was unanimously
adopted.
CHAIRMAN WILLIAMS announced CSHB 227(TRA), Version H, as amended,
was before the committee.
Number 0617
REPRESENTATIVE MASEK stated, for the record, when this bill moves
to another committee that the fiscal note from DOT/PF be included
in the new Version H.
CHAIRMAN WILLIAMS replied the fiscal note was adopted at the last
meeting.
REPRESENTATIVE MASEK asked if there is going to be DOT/PF fiscal
note attached to the bill when it goes to the Finance Committee.
CHAIRMAN WILLIAMS replied no, this is a [House] Transportation
Committee fiscal note.
REPRESENTATIVE MASEK stated she feels it's important that DOT/PF
submit a fiscal note. She asked if there is any way they can get
one attached to the bill when it gets to the [House] Finance
Committee.
Number 0669
PETER ECKLUND, Legislative Assistant to Chairman Williams, Alaska
State Legislature, explained DOT/PF's fiscal note assumed that the
authority was going to hire certain people at certain pay range
levels. There's nothing in the bill that says the authority "shall
hire any staff," it just says "may." So DOT/PF's fiscal note is
just perspective or it's speculation. In the future, if the
authority does want to hire staff, they'll have to go through the
legislative process like any other state department.
Number 0697
REPRESENTATIVE HUDSON said he would like to see whatever fiscal
note that proceeds to the Finance Committee carry intent language.
He read the House Transportation Committee's Letter of Intent:
"No funds in this fiscal note shall be expended for the
transfer of positions out of Juneau. Positions allocated to
this authority are to remain in current offices or close
proximity to the current headquarters to provide maximum
interaction with other DOT/PF headquarter functions."
REPRESENTATIVE HUDSON stated, "My concern, Mr. Chairman, is that if
we don't have some criteria you could end up pulling a whole
transportation planning section off into totally new offices and
we're running into their inability to work with the operations of
planning the design and construction and I don't think that's the
intentions." He made a motion to adopt the letter of intent and
attach it to the fiscal note.
REPRESENTATIVE ELTON objected for the purpose of discussion. He
said he would like to know what the effect of this is, this carries
no effect of law, this is just a notation on a fiscal note that was
not prepared by DOT/PF. He asked if that is correct.
Number 0765
CHAIRMAN WILLIAMS stated it is the intent of the committee to move
the letter of intent. He said, "We don't think that this portion
of the Administration is going to move out of Juneau, or move
anywhere." He asked if there was an objection to the adoption of
the letter of intent. There being none, the letter of intent was
adopted.
Number 0788
REPRESENTATIVE COWDERY made a motion to move HB 227, Version H,
dated 3/6/98, as amended, out of committee with individual
recommendations, attached fiscal notes and with the letter of
intent.
Number 0817
REPRESENTATIVE MASEK objected. She said, "With this bill here, and
all the process it's run through in the Transportation Committee,
Mr. Chairman, I was hoping that it would be amended and as it moves
through the committee process, I'm hoping that Finance will take a
look at some of the issues that were brought up in this committee
based on a lot of issues that I brought up and concerning the
fiscal note with DOT/PF, and I'm hoping that will surface
somewhere. And I understand the intent of the sponsor and the
committee in trying to move this forward. I'm just hoping that it
will get some more good testimony and more changes to it as it
moves along."
Number 0860
CHAIRMAN WILLIAMS asked for a roll call vote on HB 227.
Representatives Sanders, Cowdery, Masek, Hudson and Williams voted
in support of moving the legislation. Representative Elton voted
against moving the legislation. Therefore, CSHB 227(TRA) moved
from the House Transportation Standing Committee.
HB 291 - SLOW VEHICLES MUST PULL OVER
Number 0906
CHAIRMAN WILLIAMS announced the next order of business would be HB
291, "An Act requiring certain motor vehicles to yield to following
traffic," sponsored by Representative Hodgins.
Number 0916
TOM MANNINEN, Legislative Administrative Assistant to
Representative Hodgins, Alaska State Legislature, explained the
bill would require certain motor vehicles to yield to following
traffic. He said they call it the "Winnebago Law II." He
indicated Representative Hodgins agrees with a proposed amendment
which changes the language from "single" to "double" lane and would
add a minimum fine of $100 for the infraction.
MR. MANNINEN read the following sponsor statement. "Basically, it
would require persons operating a motor vehicle to pull over at the
first safe opportunity when there is 100 feet or more of visible
open-lane whenever there are five or more vehicles immediately
following the vehicle. And the violation would be punishable,
according to this, a fine not to exceed $100." He noted the
proposed amendment would make it a minimum of $100.
Number 1028
REPRESENTATIVE HUDSON made a motion to move HB 291, as amended, out
of committee.
CHAIRMAN WILLIAMS noted the amendment hasn't been added to the
bill. He indicated they need to move Amendment 1.
REPRESENTATIVE HUDSON said, "I'll amend it just to adopt HB 291 for
discussion purposes."
CHAIRMAN WILLIAMS stated, "There being no objection, so ordered."
REPRESENTATIVE MASEK asked the chairman if he made a motion to
adopt Amendment 1.
REPRESENTATIVE HUDSON replied, "I didn't, I want a little
discussion on it."
CHAIRMAN WILLIAMS asked that the amendment be moved.
Number 1100
REPRESENTATIVE MASEK made a motion to move Amendment 1 for the
purpose of discussion.
CHAIRMAN WILLIAMS reiterated, "Motion to move for discussion." He
asked Mr. Manninen to state his name for the record.
MR. MANNINEN introduced himself again.
Number 1115
REPRESENTATIVE HUDSON stated the amendment makes it much more
difficult because it's difficult to see when you have a five-car
stack up. He asked for an explanation as to why it is moved up to
two lane highways and a higher level of penalty.
MR. MANNINEN stated the basic reason for that is that the current
penalty provides for a penalty of up to $300, and that is set by
the supreme court. The minimums that have been assessed during the
past year were $50. Representative Hodgins feels strongly that the
minimum should go up to $100. The first change is due to an error
as it should have been double-lane.
Number 1212
REPRESENTATIVE MASEK moved and asked unanimous consent to move HB
291, as amended, out of committee with individual recommendations
and with the attached zero fiscal notes. There being no objection,
CSHB 291(TRA), moved from the House Transportation Standing
Committee.
PRESENTATION: PORT OF BELLINGHAM
[This portion of the meeting was Joint with the Senate
Transportation Committee] NOTE: The meeting was recorded. A copy
of the tape(s) may be obtained by contacting the House Records
Office at 130 Seward Street, Suite 211, Juneau, Alaska 99801-1182,
(907) 465-2214, and after adjournment of the second session of the
Twentieth Alaska State Legislature, in the Legislative Reference
Library.
SUMMARY OF INFORMATION
Number 1243
SCOTT WALKER, Commissioner, Port of Bellingham, discussed issues
relating to the Port of Bellingham and the State of Alaska. He
also introduced staff of the Port of Bellingham.
Number 1450
JIM DARLING, Executive Director, Port of Bellingham, gave an
overview of the Port of Bellingham explaining the current functions
and anticipated functions of the Port of Bellingham. He also
discussed the Alaska Marine Highway System and Amtrack.
Number 2066
DEL PEARSON, Marketing Director, Port of Bellingham, participated
in the Port of Bellingham presentation.
Number 2258
PAM LaBOLLE, President, Alaska State Chamber of Commerce, discussed
the Alaska State Chamber of Commerce's annual trip to visit the
Port of Bellingham and the Port of Tacoma.
ADJOURNMENT
Number 2376
CHAIRMAN WARD adjourned the Joint House and Senate Transportation
Standing Committee meeting at 2:45 p.m.
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