04/16/1993 04:12 PM Senate TRA

                                                                               
                 SENATE TRANSPORTATION COMMITTEE                               
                         April 16, 1993                                        
                            4:12 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Bert Sharp, Chairman                                                 
  Senator Randy Phillips, Vice Chairman                                        
  Senator Jay Kerttula                                                         
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Senator Tim Kelly                                                            
  Senator Georgianna Lincoln                                                   
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SENATE BILL NO. 198                                                          
  "An Act exempting  certain activities  of the Department  of                 
  Transportation  and  Public Facilities  from  the regulation                 
  provisions of the Administrative Procedure Act  and allowing                 
  other procedures for those activities;  and providing for an                 
  effective date."                                                             
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SB 198 - No previous action to record.                                       
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Bruce Campbell, Commissioner                                                 
  Department of Transportation                                                 
    and Public Facilities                                                      
  3132 Channel Drive                                                           
  Juneau, Alaska 99801-7898                                                    
  POSITION STATEMENT:  Explained SB 198.                                       
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-22, SIDE A                                                           
  Number 001                                                                   
                                                                               
  CHAIRMAN SHARP called the Senate Transportation Committee to                 
  order at 4:12 p.m.                                                           
  The only order of business to  come before the committee was                 
  SB 198 (ALLOW DOT/PF  TO SET AIRPORT FEES W/O APA)  CHAIRMAN                 
  SHARP asked the Commissioner of DOT/PF to explain the bill.                  
                                                                               
  COMMISSIONER  BRUCE  CAMPBELL, DOT/PF,  said  the bill  is a                 
  housekeeping  bill.   Legislation  for  the State  of Alaska                 
  allows certain fees  at all airports to  be set by  order of                 
                                                                               
                                                                               
  the commissioner.   This procedure  has been followed  since                 
  1960  by all  administrations.   All fees  at all  airports,                 
  especially the international airports, have  been set by the                 
  commissioner.  He said a  couple of years ago a  program was                 
  initiated to  put landing  fees on  rural  airports.   Those                 
  landing fees  were  also  determined  by  the  commissioner.                 
  Commissioner Campbell said three airlines that use the rural                 
  airports  filed  a law  suit saying  that  the order  of the                 
  commissioner  should  be  adopted under  the  Administrative                 
  Procedures Act.   The courts found  that it was correct  for                 
  the commissioner to do so for  the rural airports.  The fees                 
  at the two international  airports, Anchorage and Fairbanks,                 
  have been  determined by order of the  commissioner for over                 
  30  years.  The  state is in  jeopardy of loosing  all those                 
  fees and  having to adopt  minor fees by  the Administrative                 
  Act.    Commissioner  Campbell  said   SB  198  exempts  the                 
  international  airport   fees   from   going   through   the                 
  Administrative Procedures Act  and allows them to be  set by                 
  the commissioner in the same manner  that they have been set                 
  over the past 33 years.                                                      
                                                                               
  There being  no further  testimony on  the measure,  SENATOR                 
  KERTTULA moved  and asked unanimous  consent to pass  SB 198                 
  out of  the Senate Transportation Committee  with individual                 
  recommendations. Hearing no objection, the motion carried.                   
  SENATOR SHARP adjourned the meeting at 5:14 p.m.