Legislature(2021 - 2022)BELTZ 105 (TSBldg)
05/15/2021 01:30 PM Senate TRANSPORTATION
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB160 | |
| HB63 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 63 | TELECONFERENCED | |
| + | HB 160 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 63-ALASKA MARINE HIGHWAY OPERATIONS BOARD
1:46:18 PM
CHAIR MYERS announced the consideration of CS FOR HOUSE BILL NO.
63(STA), "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 relating to the
comprehensive, intermodal, long-range transportation plan for
the state."
CHAIR MEYERS asked Mr. Crocker to provide opening comments
before the committee considered the two amendments.
1:46:38 PM
KERRY CROCKER, Staff, Representative Louise Stutes, Alaska State
Legislature, Juneau, Alaska, summarized that HB 63 modifies the
system of governance in the Alaska Marine Highway. He said this
had been an issue since 1982. He said he hoped that the
committee will move the bill forward.
CHAIR MYERS noted who was available to answer questions.
1:47:36 PM
CHAIR MYERS moved Amendment 1, work order 32-LS0286\N.1.
32-LS0286\N.1
Fisher
5/14/21
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR MEYERS
TO: CSHB 63(STA)
Page 4, lines 12-26:
Delete all material.
Renumber the following bill sections accordingly.
1:47:45 PM
SENATOR MICCICHE objected for discussion purposes.
CHAIR MYERS explained that Amendment 1 removes Section 7. It
provides that a regional development organization representing a
region of the state containing a community dependent upon the
Marine Highway System may recommend a person to fill a vacancy
on the board. He said regional development organizations are
vital resources, but this section elevates one organization over
other people or organizations that may also want to nominate
people to the board.
He asked Mr. Crocker for the sponsor's view of the amendment.
1:49:05 PM
MR. CROCKER reported that the sponsor supports Amendment 1 to
narrow the board's scope.
1:49:35 PM
SENATOR MICCICHE removed his objection.
SENATOR KIEHL asked for the reason to remove both paragraphs.
CHAIR MYERS replied he was asked to offer this amendment and
that language seemed superfluous.
1:50:21 PM
CHAIR MYERS found no further objection, so Amendment 1 passed.
1:50:28 PM
CHAIR MYERS moved to adopt Amendment 2, work order 32-
LS0286\N.2.
32-LS0286\N.2
Fisher
5/14/21
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR MEYERS
TO: CSHB 63(STA)
Page 2, line 24, following "attained":
Insert ", must include recommendations for the
state operating and capital budgets,"
SENATOR MICCICHE objected for discussion purposes.
CHAIR MYERS explained that Amendment 2 makes it explicit that
the short-term plan must include recommendations for the state
operating and capital budgets. This matches what the committee
added to SB 103.
He asked Mr. Crocker if he had any comment.
1:51:35 PM
MR. CROCKER stated that the sponsor supports Amendment 2.
1:51:43 PM
SENATOR MICCICHE removed his objection.
1:51:48 PM
CHAIR MYERS found no further objection and Amendment 2 passed.
1:52:00 PM
CHAIR MYERS asked Mr. Mills and Susan Pollard to comment on the
separation of powers question related to legislative
appointments.
1:52:30 PM
ANDY MILLS, Special Assistant to the Commissioner, Department of
Transportation and Public Facilities (DOTPF), Juneau, Alaska,
noted earlier comments about giving the board "more teeth." He
stated that based on the composition of the board and the legal
memos that talk about the advisory nature of the board not
creating a separation of powers issue, the department looks at
that as an indication that this board is to be advisory.
1:54:33 PM
SUSAN POLLARD, Chief Assistant Attorney General, Statewide,
Civil Division, Legislative and Regulations Sections, Department
of Law, Juneau, Alaska, referred to the legal memo dated April
6, 2021, by Mr. Fischer with Legislative Legal Services. That
memo points out that because this board provides advice and
recommendations of an advisory nature, that avoids the
separation of powers issue that would arise if the board's
recommendations were implemented differently. Given that, the
bill adds clarity to the robust advisory nature of this
particular board, she said.
1:56:22 PM
SENATOR MICCICHE said he supports HB 63. He said he views the
board as advisory. Further, he hopes it will have the expertise
to recognize the inefficiencies of the current system yet find
affordable "outside the box" solutions, so the system will
survive. He said he was sorry the restructuring skillset was
removed from the original bill. He said that as the Senate
President, he would find that requiring the specific skillset as
important when appointing board members. People who restructure
failing businesses are very good at analyzing the problem and
coming up with solutions to restructure the business model. He
compared it to the skillsets used in corporate America and some
municipal and state business models. He restated support for the
bill. The bill provides an element of separation and
independence for the board. He said it will take the system to
the next step if the right people are appointed.
1:58:43 PM
CHAIR MYERS said he tended to agree. To the point about looking
for an expert in restructuring, he said he believes the House
member responsible for removing that provision was trying to
prevent hamstringing the board if they could not find somebody
with that expertise who was willing to serve. He said that the
intent was to have that expertise even if it is not in the
statute.
1:59:38 PM
SENATOR KIEHL said he believes it will be helpful to have the
Senate President and Speaker of the House make some of the
appointments with an eye out for people who have the expertise
to evaluate what needs to change with the Marine Highway System.
He said he believes that the restructuring expert that Senator
Micciche mentioned will have an easier job than usual because 30
years of study outline the things that need to change with the
model. As Mr. Mills and Ms. Pollard noted, this board is
advisory, so it will remain the executive branch's job to take
the recommendations and put them into action. It will come down
to whether the executive branch makes the changes and uses the
board. If that happens, he said there is potential for great
success, but if it doesn't happen, the committee will be looking
at a very different bill next time.
2:01:19 PM
CHAIR MEYERS discerned that Mr. Crocker had no closing comments
and solicited a motion.
2:01:52 PM
SENATOR MICCICHE moved to report CSHB 63, work order 32-LS0286\N
as amended, from committee with individual recommendations [and
attached fiscal note(s).]
CHAIR MYERS stated that without objection, SCS CSHB 63(TRA) was
reported from the Senate Transportation Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 160 Sponsor Statement.pdf |
STRA 5/15/2021 1:30:00 PM |
HB 160 |
| HB 160 Sectional Analysis 5.13.2021.pdf |
STRA 5/15/2021 1:30:00 PM |
HB 160 |
| HB 160 - CMGC Award Process - Flow Chart STEP 2 4.27.2021.pdf |
STRA 5/15/2021 1:30:00 PM |
HB 160 |
| HB 160 - CMGC Award Process - Flow Chart STEP 1 4.27.2021.pdf |
STRA 5/15/2021 1:30:00 PM |
HB 160 |