Legislature(2021 - 2022)GRUENBERG 120
04/22/2021 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing|| Department of Public Safety, Commissioner | |
| HB63 | |
| HB123 | |
| HB148 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 63 | TELECONFERENCED | |
| += | HB 123 | TELECONFERENCED | |
| += | HB 148 | TELECONFERENCED | |
HB 63-ALASKA MARINE HIGHWAY OPERATIONS BOARD
3:40:05 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 63, "An Act relating to the duties of
the Department of Transportation and Public Facilities; renaming
the Alaska Marine Transportation Advisory Board the Alaska
Marine Highway Operations Board; relating to the membership and
duties of the Alaska Marine Highway Operations Board; and
providing for an effective date." [Before the committee was
CSHB 63(TRA).]
3:40:33 PM
REPRESENTATIVE CLAMAN moved to adopt the proposed committee
substitute (CS) for HB 63, labeled 32-LS0286\O, Fisher, 4/20/21,
as the working document.
CHAIR KREISS-TOMKINS objected for the purpose of discussion.
3:41:19 PM
JEFF STEPP, Staff, Representative Jonathan Kreiss-Tomkins,
Alaska State Legislature, reviewed the changes proposed in the
CS, ("Version O"), which replaced CSHB 63(TRA). The changes
corresponded to amendments adopted by the committee in the
previous hearing for HB 63 [on 4/15/21].
3:47:17 PM
CHAIR KREISS-TOMKINS removed his objection. Without further
objection, Version O was adopted as the working document. He
noted that there were four outstanding amendments for the
committee's consideration today, all of which had been
introduced and withdrawn during the hearing on 4/15/21.
3:48:32 PM
REPRESENTATIVE STORY moved to adopt Amendment 1, labeled 32-
LS0286\O.4, Fisher, 4/21/21, which read:
Page 1, line 4, following "Board;":
Insert "and"
Page 1, line 5:
Delete "; and providing for an effective date"
Page 6, line 25:
Delete all material.
CHAIR KREISS-TOMKINS objected for the purpose of discussion.
REPRESENTATIVE STORY explained that Amendment 1 would remove the
effective date of January 1, 2022, to allow the bill to take
effect 90 days after being signed into law.
3:49:16 PM
CHAIR KREISS-TOMKINS removed his objection. Without further
objection, Amendment 1 was adopted.
3:49:32 PM
CHAIR KREISS-TOMKINS moved to adopt Amendment 2, labeled 32-
LS0286\O.2, Fisher, 4/21/21, which read:
Page 2, line 23, following "system"
Insert "and a proposed strategic maintenance and
vessel replacement plan"
REPRESENTATIVE STORY objected for the purpose of discussion.
CHAIR KREISS-TOMKINS relayed that Amendment 2 would include
strategic maintenance and vessel replacement as part of the
comprehensive plan, as discussed in the previous hearing.
3:50:01 PM
REPRESENTATIVE KAUFMAN questioned whether a strategic
maintenance and vessel replacement plan already existed within
DOT&PF's management of assets.
3:50:56 PM
ROB CARPENTER, Deputy Commissioner, Office of the Commissioner,
DOT&PF, understood that the Alaska Marine Highway System (AMHS)
had planned annual vessel overhauls and long-term maintenance
requirements; however, he was unsure whether those plans existed
in statute.
REPRESENTATIVE KAUFMAN clarified that had asked whether such a
management plan already existed.
MR. CARPENTER confirmed that the process existed.
3:52:18 PM
REPRESENTATIVE VANCE asked who in the department was responsible
for overseeing strategic maintenance and vessel replacement.
MR. CARPENTER answered Captain John Falvey, the general manager
for AMHS. He noted that a vessel construction manager assisted
the captain in that endeavor.
REPRESENTATIVE VANCE questioned how a strategic maintenance and
vessel replacement plan would be communicated through the deputy
commissioner to the new board if the bill were to pass.
CHAIR KREISS-TOMKINS clarified that Amendment 2 would make the
strategic maintenance and vessel replacement plan a component of
the comprehensive long-range plan.
REPRESENTATIVE VANCE asked how it would be a joint effort
between AMHS, the department, and the new board.
MR. CARPENTER understood that the deputy commissioner of DOT&PF
would be working with the Alaska Marine Highway Operations Board
("the board") on these strategic planning efforts. He added
that the general manager for AMHS reported to the deputy
commissioner, so communication would be ongoing. Furthermore,
he envisioned that the deputy commissioner would be a liaison
between the board and AMHS to ensure that communication was
clear in all strategic planning efforts.
3:54:52 PM
REPRESENTATIVE STORY removed her objection. Without further
objection, Amendment 2 was adopted.
3:55:09 PM
CHAIR KREISS-TOMKINS moved to adopt Amendment 3, labeled 32-
LS0286\O.7, Fisher, 4/22/21, which read:
Page 3, line 26:
Delete "three-year"
Insert "six-year [THREE-YEAR]"
Page 6, line 11:
Delete "one-year"
Insert "two-year"
Page 6, line 14:
Delete "one-year"
Insert "two-year"
Page 6, line 16:
Delete "two-year"
Insert "four-year"
Page 6, line 18:
Delete "three-year"
Insert "six-year"
REPRESENTATIVE STORY objected for the purpose of discussion.
CHAIR KREISS-TOMKINS explained that the constitutional ability
to inhibit the governor's appointees from serving at the
pleasure of the governor was nonexistent for advisory boards;
therefore, Amendment 3 would implement a six-year term for the
board members [appointed by the governor].
REPRESENTATIVE VANCE sought to clarify whether the board members
appointed by the governor and presiding officers would require
confirmation by the legislature.
CHAIR KREISS-TOMKINS deferred the question to Mr. Crocker.
3:58:07 PM
KERRY CROCKER, Staff, Representative Louise Stutes, explained
that the proposed legislation utilized existing statutory
language for the Marine Transportation Advisory Board (MTAB),
which did not require its members to be confirmed by the
legislature.
REPRESENTATIVE TARR understood that legislative confirmation
would require inserting the language "subject to confirmation by
the legislature."
3:58:56 PM
REPRESENTATIVE STORY removed her objection. Without further
objection, Amendment 3 was adopted.
CHAIR KREISS-TOMKINS explained that the following amendment,
Amendment 4, provided that AMHS's performance measures should be
communicated to the public and the media in an easily available
manner.
4:00:11 PM
CHAIR KREISS-TOMKINS moved to adopt Amendment 4, labeled 32-
LS0286\O.6, Fisher, 4/22/21, which read:
Page 2, line 8, following "AS 19.65.110":
Insert ";
(9) report, in a manner that is easily
available to the public and the media, including on
the department's Internet website, on the progress of
the Alaska marine highway system in meeting the
performance goals established by the Alaska Marine
Highway Operations Board under AS 19.65.180(i);"
Page 5, following line 15:
Insert a new subsection to read:
"(i) The board shall identify performance
measures and set corresponding annual performance
goals for the Alaska marine highway system. These
goals may include fare box recovery, on-time
performance, and percentage of administrative
overhead. In this subsection, "fare box recovery"
means the fraction of the Alaska marine highway
system's operating expenses that are met by the fares
paid by passengers."
REPRESENTATIVE TARR objected for the purpose of discussion.
4:00:28 PM
REPRESENTATIVE TARR sought to confirm that the board would
identify performance measures, which would be prepared and
reported on an annual basis.
4:01:24 PM
The committee took an at-ease from 4:01 p.m. to 4:05 p.m.
4:05:40 PM
CHAIR KREISS-TOMKINS explained that during the at-ease, he had
taken the opportunity to assess the intersection of Amendment 4
and Version O and consider Representative Tarr's question.
4:06:12 PM
REPRESENTATIVE KAUFMAN suggested utilizing the intent section of
the CS.
CHAIR KREISS-TOMKINS conveyed that per Amendment 4, AMHS would
report to the public on its execution of the performance
measures that were identified in the short-term and long-term
plans. He indicated that the goal was to establish
accountability to the public and the media in terms of how AMHS
was functioning. He further noted that the performance measures
would be identified by the board.
4:07:29 PM
CHAIR KREISS-TOMKINS moved to adopt a conceptual amendment to
Amendment 4, which would delete lines 8-15 and change the
statutory citation on line 6 from AS 19.65.180(i) to AS
19.65.011. Without objection, the conceptual amendment to
Amendment 4 was adopted.
REPRESENTATIVE TARR removed her objection. Without further
objection, Amendment 4, as amended, was adopted.
4:09:16 PM
CHAIR KREISS-TOMKINS invited additional comments from committee
members on HB 63.
REPRESENTATIVE CLAMAN thanked the chair for his extensive work
with the bill sponsor and members of the committee.
REPRESENTATIVE STORY thanked the committee for its work on the
current version of HB 63. She believed the legislation would
help with oversight and awareness and ensure that AMHS was well-
functioning.
4:10:19 PM
CHAIR KREISS-TOMKINS expressed his appreciation for all the
conversations, work, and contributions from the committee on
this piece of legislation. Additionally, he stated his
appreciation for the leadership at DOT&PF. He opined that the
bill spoke to coastal Alaska's desire for more involvement,
oversight, direction, and a sense of equity for the future of
AMHS. He said he was excited that the bill was moving forward
and expressed his hope that it would be a steppingstone towards
further exploration of a public corporation model.
4:11:15 PM
REPRESENTATIVE CLAMAN moved to report CSHB 63, Version 32-
LS0286\O, Fisher, 4/20/21, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
Without objection, CSHB 63(STA) was moved from the House State
Affairs Standing Committee.
4:11:51 PM
MR. CROCKER thanked the committee members on behalf of the bill
sponsor, Representative Stutes, for all their time and effort.