Legislature(2011 - 2012)CAPITOL 120

04/09/2011 12:30 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Rescheduled from 4/8/11 --
+= HJR 4 CONST. AM: TRANSPORTATION FUND TELECONFERENCED
Moved CSHJR 4(TRA) Out of Committee
+ SB 31 COUNTING OF WRITE-IN VOTES TELECONFERENCED
Moved HCS CSSB 31(STA) Out of Committee
+= HB 215 JUDICIAL REVIEW OF PIPELINE PROJECT/ROW TELECONFERENCED
Moved CSHB 215(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
             HJR 4 - CONST. AM: TRANSPORTATION FUND                                                                         
                                                                                                                                
[Contains  brief mention of  HB 30  and HB  31, which address  the                                                              
funding and other  necessary statutory changes related  to HJR 4's                                                              
proposed transportation infrastructure fund.]                                                                                   
                                                                                                                                
12:37:38 PM                                                                                                                   
                                                                                                                                
CHAIR GATTO  announced that the  first order of business  would be                                                              
HOUSE  JOINT  RESOLUTION  NO.  4,   Proposing  amendments  to  the                                                              
Constitution  of the  State of  Alaska  creating a  transportation                                                              
infrastructure fund.  [Before the committee was CSHJR 4(TRA).]                                                                  
                                                                                                                                
12:38:25 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE PEGGY  WILSON, Alaska State Legislature,  as one of                                                              
the  joint  prime  sponsors,  explained  that [if  passed  by  the                                                              
legislature,]  HJR 4  would  place before  the  voters a  proposed                                                              
amendment  to   the  Alaska  State  Constitution   establishing  a                                                              
dedicated fund  - in the form  of a transportation  infrastructure                                                              
fund  -  that  would  be  used  to  fund  Alaska's  transportation                                                              
projects.   There are  three pieces  of legislation that  together                                                              
would  enable the  establishment  of the  proposed  transportation                                                              
infrastructure  fund:  HJR  4 would place  the proposed  change to                                                              
the  Alaska State  Constitution  before the  voters,  HB 31  would                                                              
provide  for the appropriation  of  an initial  $1 billion  to the                                                              
fund,  and  HB 30  would  provide  the other  necessary  statutory                                                              
changes.  The  proposed constitutional amendment  is broad enough,                                                              
she posited, to  provide some flexibility for  future legislatures                                                              
but  concise enough  to ensure  that  the proposed  transportation                                                              
infrastructure  fund  would  not  be depleted  and  could  instead                                                              
provide transportation  funding far into the future.   In response                                                              
to  questions, she  relayed  that if  passed  by the  legislature,                                                              
HJR 4's  proposed constitutional  amendment  would  go before  the                                                              
voters  at  the 2012  general  election;  that the  Department  of                                                              
Transportation  & Public  Facilities (DOT&PF)  is responsible  for                                                              
Alaska's roads,  airports, harbors, and the Alaska  Marine Highway                                                              
System  (AMHS),  but not  Alaska's  railroads;  and that  under  a                                                              
change made  by the prior  committee, the proposed  transportation                                                              
infrastructure  fund  would  no   longer  include  [revenues  from                                                              
airport leases].                                                                                                                
                                                                                                                                
12:42:40 PM                                                                                                                   
                                                                                                                                
BECKY  ROONEY, Staff,  Representative Peggy  Wilson, Alaska  State                                                              
Legislature,  on  behalf  of  Representative  P.  Wilson,  one  of                                                              
HJR 4's  joint prime  sponsors, added  that this  change was  made                                                              
due  to  a  federal  requirement   that  such  lease  revenues  be                                                              
returned  to the  airports from  which  they were  collected.   In                                                              
response  to other  questions,  she said  that  revenues from  the                                                              
state's  studded-tire  tax  would  be  included  in  the  proposed                                                              
transportation  infrastructure fund,  as would  revenues from  the                                                              
state's  identification  (ID)  card   fees;  and  that  under  the                                                              
proposed constitutional  amendment, the legislature,  in any given                                                              
year,  could  appropriate  up  to   50  percent  of  the  proposed                                                              
transportation infrastructure fund's yearly revenue.                                                                            
                                                                                                                                
REPRESENTATIVE P.  WILSON indicated that the remaining  50 percent                                                              
would remain  in the proposed  transportation infrastructure  fund                                                              
in order to inflation-proof  it and help it grow.   In response to                                                              
another  question,  she  relayed  that  in order  to  provide  the                                                              
legislature    with   additional    flexibility,   the    proposed                                                              
constitutional  amendment was  drafted such  that the  legislature                                                              
could  also   appropriate  up  to   6  percent  of   the  proposed                                                              
transportation  infrastructure fund's  market value averaged  over                                                              
the previous  five  fiscal years.   The legislature  would  not be                                                              
required to appropriate  the maximum percentages  provided for via                                                              
HJR 4's   proposed   constitutional    amendment,   however,   and                                                              
depending  on  the status  of  Alaska's  economy in  a  particular                                                              
year, it could be wiser not to.                                                                                                 
                                                                                                                                
REPRESENTATIVE  P. WILSON,  in  response to  questions,  indicated                                                              
that [outlining the  specific revenue sources in  both statute and                                                              
the  Alaska   State  Constitution]  would  protect   the  proposed                                                              
transportation  infrastructure   fund  while  also  providing  the                                                              
legislature  with flexibility, and  that HB  30 would  provide the                                                              
necessary   statutory  changes,   including  outlining   what  the                                                              
appropriated  funds   could  be   used  for  and   specifying  the                                                              
percentages of the revenues that could be used for those things.                                                                
                                                                                                                                
MS.  ROONEY, in  response to  a further  question, explained  that                                                              
the ballot  measure  would [in part]  consist  of the language  in                                                              
Section  2's proposed  Section  18  of Article  IX  of the  Alaska                                                              
State  Constitution.    She  added   that  language  [on  page  2,                                                              
lines 2-3  -  specifically  that   which  says,  "and  from  other                                                              
transportation-related   fees   and   funds  designated   by   the                                                              
legislature"   -    would   allow   for   the    possible   future                                                              
appropriation] of revenue streams that don't yet exist.                                                                         
                                                                                                                                
CHAIR  GATTO,  after  ascertaining  that  no one  else  wished  to                                                              
testify, closed public testimony on HJR 4.                                                                                      
                                                                                                                                
12:50:51 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  THOMPSON  moved  to  report CSHJR  4(TRA)  out  of                                                              
committee  with individual  recommendations  and the  accompanying                                                              
fiscal  notes.    There  being  no  objection,  CSHJR  4(TRA)  was                                                              
reported from the House Judiciary Standing Committee.                                                                           

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