Legislature(2009 - 2010)BUTROVICH 205
03/24/2009 01:00 PM Senate TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| SB148 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 148 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
March 24, 2009
1:10 p.m.
MEMBERS PRESENT
Senator Albert Kookesh, Chair
Senator Linda Menard, Vice Chair
Senator Bettye Davis
Senator Kevin Meyer
Senator Joe Paskvan
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 148
"An Act relating to limitation of state liability on certain
federal highway programs; and providing for an effective date."
MOVED SB 148 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 148
SHORT TITLE: LIABILITY FOR TRIBAL ROAD CONSTRUCTION
SPONSOR(s): TRANSPORTATION BY REQUEST
03/13/09 (S) READ THE FIRST TIME - REFERRALS
03/13/09 (S) TRA, JUD
03/24/09 (S) TRA AT 1:00 PM BUTROVICH 205
WITNESS REGISTER
DOROTHY SHOCKLEY, Staff
to Senator Albert Kookesh
Alaska Capitol Building
Juneau AK
POSITION STATEMENT: Introduced SB 148 on behalf of the sponsor.
MARK OBRIEN, Chief Contracts Officer
Department of Transportation & Public Facilities
Juneau AK
POSITION STATEMENT: Testified that the administration supports
SB 148.
KAY GOUWENS, Attorney
Chickaloon Native Village
Anchorage AK
POSITION STATEMENT: Testified in support of SB 148.
GORDON JACKSON, Director
Roads and Transportation
Tlingit Haida Central Council
Juneau AK
POSITION STATEMENT: Testified in support of SB 148.
MIKE SMITH
Tanana Chiefs Conference, Inc.,
POSITION STATEMENT: Testified in support of SB 148.
ACTION NARRATIVE
1:10:15 PM
CHAIR ALBERT KOOKESH called the Senate Transportation Standing
Committee meeting to order at 1:10 p.m. Present at the call to
order were Senators Davis, Menard, Meyer and Kookesh. Senator
Paskvan arrived soon thereafter.
SB 148-LIABILITY FOR TRIBAL ROAD CONSTRUCTION
SENATOR KOOKESH announced the consideration of SB 148.
1:10:41 PM
DOROTHY SHOCKLEY, Staff to Senator Albert Kookesh, said SB 148
will reduce intergovernmental disputes about liability and will
enable tribes in Alaska to focus on transportation projects. She
noted that in 2008 tribes in Alaska received about $36.6 million
in Indian Reservation Road (IRR) funds. Additional funds are
anticipated from the stimulus. As the Department of
Transportation & Public Facilities prepares the next Statewide
Transportation Improvement Program (STIP), tribes for the first
time can bring both matching and maintenance funds.
1:12:36 PM
MARK OBRIEN, Chief Contracts Officer, Department of
Transportation & Public Facilities (DOTPF), said the
administration supports SB 148. IRR funds that are available to
tribes in Alaska can be combined with funds from other state and
federal agencies to accomplish projects that might not otherwise
be possible. The department has successfully partnered with
tribes on a number of projects to maximize transportation
dollars in Alaska, but in each instance there has been
difficulty with the issue of liability. When the tribe is
responsible for design, construction and delivery of the
project, the state may be acting as nothing more than a funding
pass-through. The state isn't on scene for those projects so
when there is an issue of liability, the question arises about
how to protect the state's interest. This bill addresses that by
shifting the primary responsibility for liability to the tribe
in projects where the tribe is responsible for design,
construction and delivery. For that reason DOTPF supports the
bill, he said.
SENATOR KOOKESH summarized that tribal IRR funds are increasing
each year and federal dollars coming to the state are
decreasing. This bill defines liability and thus allows
partnerships to go forward between the state and the tribes.
1:15:21 PM
KAY GOUWENS, Attorney, Anchorage, said she is testifying on
behalf of the Chickaloon Native Village in support of SB 148.
Chickaloon is a member of a consortium of Alaska Native village
tribes that her law firm represents in connection with IRR
program activities. The IRR program benefits the entire state,
not just Alaska Native villages. It brings in significant
amounts of federal dollars for the tribe to use to design, build
and maintain roads that provide access to Native communities.
Both the tribes and DOTPF support and are working to maximize
the IRR program. However, the issue of the extent to which the
state might be liable for activities that the tribes undertake
relative to IRR programs has been and continues to be a sticking
point. This legislation is clearly needed and it is needed
quickly because deadlines associated with the federal stimulus
are approaching. There is a provision that the funds can be
reallocated to other tribes across the nation if they aren't
obligated by February 2010.
MS. GOUWENS said that shielding the state from this liability
won't leave the traveling public without a remedy in the event
of injury by tribal activities associated with these projects.
Under the IRR Program and federal law, when the tribes undertake
these projects pursuant to the Indian Self Determination Act,
they are treated as if they are an agency of the federal
government and their employees are treated as if they are
federal employees for purposes of court claims that may be
brought. If someone is injured, they would bring suit against
the federal government. That remedy is very important to tribes
because they don't have to secure liability insurance.
1:18:59 PM
SENATOR PASKVAN joined the meeting.
GORDON JACKSON, Director of Roads and Transportation, Tlingit
Haida Central Council, mentioned liability issues in putting
together projects. He said there are a lot of IRR funds coming
into the state; $320 million is available under the federal
stimulus, but timing is critical. Getting rid of the liability
question and speeding the permitting situation will make it
possible to get on to the business of building roads and trails
and bridges. SB 148 is a good bill that opens a completely new
line of communication, he said.
1:21:55 PM
MIKE SMITH, Tanana Chiefs Conference, Inc. (TCC), said TCC is
comprised of 42 Interior communities, all of which get IRR road
money. TCC strongly supports SB 148 in order to facilitate
coordination of projects with DOTPF. Timeliness is of essence.
This is a win-win situation for the state and TCC communities,
he said.
SENATOR KOOKESH closed public testimony and asked for the will
of the committee.
SENATOR MENARD moved to report SB 148 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, SB 148 moved from the Senate Transportation
Standing Committee.
1:24:12 PM.
There being no further business to come before the committee,
Chair Kookesh adjourned the meeting at 1:24 pm.
| Document Name | Date/Time | Subjects |
|---|---|---|
| sb148sponsorStatement.pdf |
STRA 3/24/2009 1:00:00 PM |
SB 148 |