Legislature(1999 - 2000)
04/05/2000 01:50 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 320
"An Act approving the application for and acceptance of
a grant of certain federal land by the Alaska Railroad
Corporation; approving the conveyance of the entire
interest in the Whittier DeLong Dock and associated
uplands, tidelands, and submerged lands by the Alaska
Railroad Corporation; relating to use and disposition
of the Whittier DeLong Dock and associated land; and
providing for an effective date."
JOHN MANLEY, STAFF, REPRESENTATIVE HARRIS testified in
support of HB 320. He noted that the United States Army
notified their intent to surplus the DeLong Dock. The Alaska
Railroad Corporation applied for conveyance of the dock. The
legislation gives legislative approval for the railroad to
receive the DeLong Dock and its underlying real estate. The
bill also ratifies an agreement between the city of Whittier
and the Alaska Railroad Corporation to transfer the real
estate to the city and lease the land underlying the north
half of the dock. The railroad would in turn lease the south
half of the dock to the city.
In response to a question by Representative G. Davis, Mr.
Manley noted that the title is in the process of being
transferred.
PHYLLIS JOHNSON, ALASKA RAILROAD CORPORATION testified via
teleconference. She explained that the railroad was given
priority for the transfer as a state entity. Representative
G. Davis noted that there has been interest by different
groups.
Co-Chair Therriault noted that there was a proposed
amendment:
Page 2, line 20
After "Whittier."
Insert "Neither the corporation nor the city of Whittier
may grant any special right, privilege, or preference to a
third party to provide management services at the dock. A
contract for management of the dock by a third party shall
be awarded by competitive sealed bidding"
Mr. Manley expressed concern that the amendment was too
tightly written. He pointed out that the railroad
procurement code mirrors the state's procurement code.
Co-Chair Therriault observed that there is no statutory
reference that can be made to the railroad code. Mr. Manley
questioned if the statute could reference the variety of
contracting methods available to the railroad.
Ms. Lindskoog stated that the Alaska Railroad Corporation
was not concerned with the amendment.
Ms. Johnson explained that the railroad is not under the
state's procurement code, but is required to have its own
procurement code, comparable to the state's. The Alaska
Railroad Corporation's procurement code mirrors the state's
code. She thought that it would be possible to come up with
language that would allow competitive sealed bidding and
RFP's.
Co-Chair Mulder stated that he wanted to make sure that
everyone would have the opportunity to bid. He asked her to
work on an amendment that would be less direct and still get
to the spirit of the competitive bid.
SHERI BURETTA, CHAIRMAN OF THE BOARD, CHUGACH ALASKA
CORPORATION provided information on the management terms.
She maintained that the Chugach Alaska Corporation should
have first right of refusal. She noted that Resolution 8,
passed in the previous session, urged the Alaska Railroad
Corporation to select an Alaskan bidder for the design and
construction of its projects. She felt that changes to HB
320 were contradictory to the resolution.
Co-Chair Therriault noted frustration on the part of the
legislature regarding the railroad's ability to negotiate
with the Chugach Alaska Corporation on behalf of the
legislature. He maintained that the bidding process should
not be restricted to one corporation. Ms. Buretta stressed
that the Alaska Chugach Corporation is in a unique situation
due to the direct impact on its communities.
(TAPE CHANGE, HFC 00 - 104, SIDE 1)
Representative Phillips pointed out that the purpose of the
resolution was to look at Alaska hire for an Alaskan
company. She did not think that there was a difference in
the intent to allow bids by Alaskan companies.
CARRIE WILLIAMS, CITY MANAGER, WHITTIER testified via
teleconference in support of HB 320. She stressed that the
division of property between the railroad and the city of
Whittier is fair and necessary.
Vice Chair Bunde commented that the railroad can do as it
sees fit to mange its business, but that it is still a state
agency with legislative oversight. He stressed that it is
not in the best interest of the state to enter into a law
that is illegal in relationship to the procurement code.
Representative Phillips did not support the merger of HB 320
with HB 426 and HB 362. Representative J. Davies agreed and
stated that he did not see a compelling reason to combine
the other bills.
Representative G. Davis spoke in minimizing legislative and
cautioned against micro managing.
HB 320 was heard and HELD in Committee for further
consideration.
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