Legislature(2005 - 2006)SENATE FINANCE 532
04/20/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB471 | |
| SB188 | |
| SB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 471 | TELECONFERENCED | |
| *+ | SB 1 | TELECONFERENCED | |
| += | SB 188 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR HOUSE BILL NO. 471(FIN) am
"An Act amending the Knik Arm Bridge and Toll Authority Act
and the powers and authority of the authority to finance
construction and maintenance of the Knik Arm Bridge, to set
and collect tolls, and to carry out its duties; and
providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Green noted that a committee substitute was before the
Committee.
Co-Chair Wilken moved to adopt committee substitute Version 24-
LS1670\L as the working document.
Co-Chair Green announced that the Senate version (SB 303) of
this bill had previously reported from Committee and was
currently in the Senate Rules Committee. However, the House of
Representatives (House) made "substantive" changes to the House
companion bill, and, as a result, Senate Rules has requested the
Committee consider the House version of the bill. The bill's
sponsor would discuss the changes contained in the Version "L"
committee substitute.
9:08:44 AM
REPRESENTATIVE BILL STOLTZE, the bill's sponsor, shared with the
Committee his long-term involvement with the Knik Arm Bridge and
Toll Authority (KABATA) project. This legislation would further
"a commitment" to provide "the details of the plan and
mechanisms" that was made after the initial KABATA legislation
was adopted. He explained the two changes the House made to the
bill: the first removed the State's ability to attach a person's
Permanent Fund Dividend (PFD) to address unpaid fines. The
second eliminated language pertaining to the issuance, renewal
or reinstatement of drivers' licenses. These provisions were
removed in order to focus the bill on the construction of the
bridge. He had been uncomfortable with the amount "of
government" in the original bill and thought it "best to take
those provisions out".
Co-Chair Green referred the Committee to Representative
Stoltze's Sectional Analysis of the bill [copy on file], which
further explained the changes in the committee substitute.
Representative Stoltze continued to explain the changes
contained in Version "L", characterizing a bill amendment
adopted "on the fly in a careless fashion" during a House floor
session as "innocuous". The amendment would have limited
KABATA's authority and would have served to restrict its
function. The initial authority provided to KABATA by the
Legislature would allow it to interact with outside business and
the financial market without any politicizing. The amendment
adopted on the House floor re-injected political involvement.
Co-Chair Green asked whether the language being referenced was
located in Section 1(a)(18) page 3, line 29 of the House bill,
Version 24-LS1670\I.A.
Representative Stoltze affirmed.
Co-Chair Green thereby noted that Version "L" eliminated that
language, as it was "directly contrary to the function and the
role of the Toll Authority itself". Version "L" would retain
KABATA's authority and not require the Governor's approval of
its actions.
Representative Stoltze concurred.
Co-Chair Green noted that Version "L" retained language the
House added to Section 1(a)(18) page 3, line 31, which would
affirm that KABATA's powers of eminent domain would not exceed
those of the State.
Senator Green reiterated that action taken in the House
eliminated the ability of KABATA to place "a lien" on someone's
PFD were they "in violation of something at the Toll".
9:12:31 AM
Representative Stoltze reminded that the garnishing of a
person's PFD is a provision commonly exercised by municipalities
in regards to such things as unpaid fines. However, due to the
fact that any reference or inclusion of language about the
Permanent Fund or the Permanent Fund Dividend tends to "mire
down" and "confuse" an issue, it was his desire to exclude that
provision from the bill in order to focus on building a bridge.
Omitting the PFD attachment would not hinder KABATA's functions;
"it could collect unpaid tolls in another fashion".
9:13:12 AM
Co-Chair Green asked whether this was also the reason behind the
decision to exclude language addressing individuals' drivers'
licenses or vehicle registrations in regards to unpaid tolls or
other violations.
Representative Stoltze affirmed.
Co-Chair Wilken understood the difference between committee
substitute Version "L" and the House version, Version 24-
LS1670\I.A was the deletion of the authority of the Governor.
Co-Chair Green affirmed.
Co-Chair Wilken asked for confirmation that the words "or money
that the legislature may appropriate" as specified in Section
1(a)(12) page 3, line 15 would "not obligate the State to be
supporter or the court of last resort" were there a bond
deficiency.
9:14:30 AM
WILLIAM GREEN, Project Counsel, Knik Arm Bridge and Toll
Authority, affirmed the language would "not obligate the State
to do anything nor" would it obligate the State's general fund.
It mirrors "similar provisions included in other titles dealing
with similar facilities. It is simply there to acknowledge that
if the Legislature desired to appropriate monies it may, but
it's no obligated to."
9:15:18 AM
Co-Chair Wilken communicated concerns expressed by residents in
the State about the Knik Arm Bridge, the Gravina Island Bridge,
and the access road out of Juneau in regards to how those
projects might impact the National Highway System (NHWS) funding
the State would receive over the next several years. The
Administration has been requested to develop a five-year pro
forma to address how those projects would be funded as well as
how the NHWS funding would be dispersed on a statewide basis. To
that point, he asked Mr. Green whether he has been in
communication with the Administration in this regard.
Mr. Green disclosed that some preliminary discussions had taken
place. He deferred to the Administration to provide the
conclusions of the discussions.
9:16:22 AM
Senator Stedman opined that the five-year pro forma would assist
in furthering the interpretation of the federal Highway
Authorization bill, Safe Accountable Flexible Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU). He
suggested that, when the final plan is developed, the discussion
could include SAFETEA-LU funding.
There being no objection, the Version "L" committee substitute
was ADOPTED as the working document.
Co-Chair Wilken moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
There being no objection, SCS CS HB 471(FIN) was REPORTED from
Committee with two previous zero fiscal notes: Fiscal note #1
dated January 22, 2006 from the Department of Natural Resources
and fiscal note #2 dated March 1, 2006 from the Department of
Transportation and Public Facilities.
Senator Hoffman asked whether it is anticipated that the
Administration's response to the request for a five-year pro
forma would be provided prior to Senate floor action on this
bill.
Co-Chair Green understood otherwise, as the primary concern is
not specific to this legislation.
Co-Chair Wilken agreed that this legislation is "a part of the
whole picture", however, not to the point that this bill's
progression should be halted. Continuing, he shared having
recently sent a memorandum to Department of Transportation and
Public Facilities Commissioner Mike Barton reminding him of the
specifics of the request.
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