Legislature(1999 - 2000)
04/20/1999 01:30 PM Senate TRA
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* first hearing in first committee of referral
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SENATE TRANSPORTATION COMMITTEE
April 20, 1999
1:30 p.m.
MEMBERS PRESENT
Senator Jerry Ward, Chairman
Senator Drue Pearce, Vice Chair
Senator Rick Halford
MEMBERS ABSENT
Senator Mike Miller
Senator Georgianna Lincoln
COMMITTEE CALENDAR
SENATE BILL NO. 135
"An Act relating to the membership of a metropolitan highway
planning organization."
-MOVED SB 135 OUT OF COMMITTEE
PREVIOUS SENATE ACTION
SB 135 - No previous action to report
WITNESS REGISTER
Mr. Dennis Poshard, Legislative
Liaison/Special Assistant
Department of Transportation &
Public Facilities
3132 Channel Drive
Juneau, AK 99801-7898
POSITION STATEMENT: Opposed SB 135
Mr. Bill Cummings, Assistant Attorney
General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Opposed SB 135
ACTION NARRATIVE
TAPE 99-09, SIDE A
CHAIRMAN WARD called the Senate Transportation Committee meeting to
order at 1:30 p.m. and brought SB 135 before the committee. He
explained it was introduced by the Transportation Committee at
Senator Donley's request, and would change the makeup of the AMATS
Committee.
Number 015
MR. DENNIS POSHARD, Legislative Liaison and Special Assistant to
the Department of Transportation & Public Facilities (DOTPF), spoke
in opposition to SB 135. He discussed the background of AMATS and
metropolitan planning organizations. 23 USC 134 states that an MPO
is designated by agreement among the governor and units of general
purpose local government. The municipality and the governor must
agree to changes in the MPO membership. In 1976 Governor Hammond
designated the Municipality of Anchorage as an MPO with a policy
committee comprised of the mayor, one municipal council member, and
the commissioner of highways. Anchorage was later designated as a
non-attainment area for carbon monoxide. In 1978 Governor Hammond
designated the Municipality of Anchorage as the lead organization
to develop and implement a plan to achieve air quality standards.
At that time, the Department of Environmental Conservation (DEC)
and the municipality signed an agreement which expanded the MPO
policy committee to one assembly member and the commissioner of
DEC. These agreements remain in effect today.
MR. POSHARD highlighted the removal of the DEC representative as a
specific problem in the bill. Limiting the Governor to one
appointment would make DOTPF the representative, and the department
feels it's not prudent to remove the expertise of DEC from the
policy committee at this time.
The second issue of concern is that of vested interest versus area-
wide interest. Currently three members - DOTPF, DEC and the mayor
- do not represent a specific portion of the municipality. Two
assembly members do represent a specific area of the municipality.
The potential of 4 assembly members and 2 legislators who represent
a specific part of the community raises concern that vested
interest in local projects may take priority over area-wide
interests for the Municipality of Anchorage.
MR. POSHARD concluded it's unclear what problem this bill is
attempting to solve. The state and municipality currently have an
excellent working relationship. This bill will not shorten the
amount of time it takes to deliver a capital project, or change the
process for determining transportation priorities in Anchorage. He
discussed the resolution passed by the Anchorage Assembly last year
opposing SB 259, a similar bill that the Governor opposed as well.
The department feels the current process is adequate and cannot
support SB 135.
Number 103
MR. BILL CUMMINGS, Assistant Attorney General with Department of
Law (DOL), stated DOL reviewed SB 135 and perceives two
constitutional infirmities in the bill: it violates both the dual
office holdings provision and the separation of powers doctrine of
the Constitution.
Legislators are prohibited from holding two offices or positions
for profit in government under the dual offices holdings. The
language of the bill states the legislative members of the MPO will
serve without pay, but DOL believes it still violates the dual
office provisions because it is an office, in effect, under DOTPF
in the Executive Branch.
Relating to the problem with the separation of powers, MR. CUMMINGS
said some things are uniquely legislative, others are uniquely
executive, and yet others are uniquely judicial. The functions to
be performed by this committee are inherently uniquely executive.
MR. CUMMINGS said this is not an argument the department has
crafted since the introduction of this bill. A series of opinions
by Attorneys General and bill reviews going back more than 20 years
make the same observation about similar appointment patterns. He
said DOL would voice its concerns if SB 135 passes, which likely
will lead to a veto of the legislation.
Number 148
SENATOR HALFORD moved SB 135 from committee with individual
recommendations and accompanying fiscal notes. Hearing no
objection, it was so ordered. With no further business before the
committee, CHAIRMAN WARD adjourned at 1:40 p.m.
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