Legislature(2007 - 2008)CAPITOL 17
03/27/2008 01:00 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB106 | |
| HB294 | |
| HB322 | |
| HB314 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 294 | TELECONFERENCED | |
| += | HB 106 | TELECONFERENCED | |
| += | HB 314 | TELECONFERENCED | |
| += | HB 322 | TELECONFERENCED | |
HB 294-MARINE TRANSPORTATION: BOARD & DIVISION [Due to technical difficulties the recording is not available from 1:24:54 PM to 1:27:21 PM.] CHAIR JOHANSEN announced that the next order of business would be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294 "An Act establishing the division of marine transportation; establishing the Alaska Marine Transportation Authority Board and the position of director of the division of marine transportation, and assigning the powers and duties of each; making conforming amendments; and providing for an effective date." [Before the committee was CSSSHB 294, Version 25-LS12220\O, Kane, 3/18/08, the working document.] REPRESENTATIVE PEGGY WILSON, Alaska State Legislature, referred to her memorandum to Representative Johansen, dated March 25, 2008. She offered her objection to the proposed change to Version O on page 1, line 9 as that language has been in the statute since 1992. 1:27:21 PM REPRESENTATIVE WILSON offered her objection to the proposed changes on page 2, lines 4-31 and page 3, line 1. She allowed that, as the sponsor, she is amenable to an amendment increasing the board membership to include residents from the Railbelt. REPRESENTATIVE NEUMAN related his understanding that page 2, lines 4-31, and page 3, line 1, remain unchanged. REPRESENTATIVE WILSON agreed, but allowed that one or two board members could be residents of the Railbelt region. REPRESENTATIVE NEUMAN asked if this is the current board composition. REPRESENTATIVE WILSON replied that it is not exactly the same, but that there are people from that area. REPRESENTATIVE NEUMAN said that similar language now exists for the Marine Transportation Advisory Board (MTAB). CLIFF STONE, Staff to Representative Peggy Wilson, Alaska State Legislature, explained that there is still regional representation and the intent is to have a broad representation of the coastal communities. 1:29:27 PM REPRESENTATIVE NEUMAN suggested that the board member demographic include representation from many different industries. CHAIR JOHANSEN asked if the seats on the board have a term. MR. STONE said that the bill language is broad enough to include many business community members. REPRESENTATIVE NEUMAN asked if the maximum service would be one three-year term. MR. STONE said that the board members could be reappointed at the governor's prerogative. REPRESENTATIVE DOOGAN asked to clarify that Version O designates six members from coastal communities and five at-large appointments, whereas the possible amendment would make two of the at-large appointments be from the Railbelt. 1:33:42 PM REPRESENTATIVE WILSON referred to page 2, lines 5-6, and said that, as the sponsor, she is agreeable to an amendment to delete "confirmed by a majority of the members of the legislature in joint session." MR. STONE mentioned that there are two legal opinions in the members' packets that address this. REPRESENTATIVE WILSON referred to page 3, lines 29-31 and said that she will support an amendment to replace the existing language with: After one or more nominees for the position of director or deputy commissioner of the Alaska Marine Highway System have been considered by the commissioner of transportation and public facilities, the commissioner shall confer with the board on that nominee before making an appointment to that position. 1:35:08 PM REPRESENTATIVE FAIRCLOUGH asked for the legal definition of "nominee." REPRESENTATIVE WILSON said that she is agreeable to an amendment to change page 4, lines 3-4, which would delete the following after the word "affiliation": "and the nominees must have experience in the field of marine engineering or maritime operations." 1:36:48 PM REPRESENTATIVE WILSON recommended the addition of a subsection (d) on page 4, line 12, which would read: After consultation with the Department of Transportation & Public Facilities, the board may issue a request for proposal to consider the design and development of a two year ferry schedule. REPRESENTATIVE NEUMAN asked how that proposal will affect the fiscal notes. He offered his belief that it is the responsibility of the board to develop a two-year schedule. MR. STONE expressed his belief that the committee members want Department of Transportation & Public Facilities (DOT&PF) to consult with the board on a two year ferry schedule. 1:40:51 PM REPRESENTATIVE NEUMAN stated that if the amendment is offered, he will ask DOT&PF why there is not a two year schedule. CHAIR JOHANSEN closed public testimony. 1:41:17 PM REPRESENTATIVE FAIRCLOUGH moved that the committee adopt Amendment 1, as follows: Page 3, line 1, following "Borough": Insert "and at least two members from non-coastal communities in the Railbelt region of Alaska." CHAIR JOHANSEN objected for discussion. REPRESENTATIVE FAIRCLOUGH said that she is most interested in changing the committee task force to operate for the betterment of the system by providing affordable transportation to communities that need it. This amendment will broaden the representation to include communities other than coastal communities. She expressed her belief that the non-coastal communities are not always going to agree with the coastal communities and they will add a voice to ensure that the requests are cost effective and good investments. She allowed that this will draw more communities into the request for funding process and will help ensure success. 1:43:08 PM REPRESENTATIVE NEUMAN noted his agreement with Representative Fairclough and he suggested adding representation from those communities off the road system. 1:44:03 PM REPRESENTATIVE DOOGAN expressed concern that the amendment language seems to remove some Railbelt communities, including Anchorage, Seward, and Kenai, from consideration as they are not "non-coastal." REPRESENTATIVE WILSON suggested that Amendment 1 should read "areas that are not served by the Alaska Marine Highway System (AMHS)." REPRESENTATIVE SALMON said that it would be better for diversity if Amendment 1 didn't refer to the "Railbelt." CHAIR JOHANSEN asked the amendment sponsor for an "elegant solution." REPRESENTATIVE FAIRCLOUGH clarified that her intent is to include non-ferry users who have a statewide interest in transportation. Therefore, she suggested amending Amendment 1 so that the board will look at a balanced transportation system. REPRESENTATIVE FAIRCLOUGH amended her earlier motion such that she moved that the committee adopt a conceptual amendment to Amendment 1, such that it would read as follows: Page 3, line 1, following "Borough": Insert "and at least two members not served by the ferry system who have statewide transportation needs." REPRESENTATIVE DOOGAN suggested that Conceptual Amendment 1 should use the following language: "not directly served by the ferry system" because the ferry docks at places from which patrons can drive to Anchorage. REPRESENTATIVE FAIRCLOUGH related her acceptance of Representative Doogan's suggested change. 1:48:42 PM REPRESENTATIVE FAIRCLOUGH withdrew her conceptual amendment to Amendment 1. REPRESENTATIVE NEUMAN advised that Matanuska-Susitna will soon have a ferry to Anchorage. 1:49:54 PM CHAIR JOHANSEN related his understanding that the ferry running across the Knik Arm will not be part of the AMHS. CHAIR JOHANSEN then moved that the committee adopt an amendment to Amendment 1, such that it would read as follows: Page 3, line 1, following "Borough": Insert "and at least two members from areas not directly served by the Alaska marine highway system." There being no objection, the amendment to Amendment 1 was adopted. REPRESENTATIVE KELLER asked if [the committee] has any desire to include language regarding board members having an understanding of the statewide system. CHAIR JOHANSEN pointed out that page 2, lines [23-30], addresses the experience and qualification of the members. 1:51:57 PM REPRESENTATIVE DOOGAN, in further response to Representative Keller, stated that the only people who don't need any specific qualifications are the two at-large public members listed on page 2, line 30, paragraph (6). REPRESENTATIVE NEUMAN suggested that the governor will look at the qualifications when the people are appointed. He then pointed out that on page 2, line 4, the legislation specifies that the board will consist of 11 members, but [New] Amendment 1 would add two more members. 1:53:55 PM CHAIR JOHANSEN clarified that the amendment does not add two more members, but rather specifies the area from they reside. CHAIR JOHANSEN removed his objection to Amendment 1, as amended. There being no objection, Amendment 1, as amended, was adopted. 1:54:29 PM CHAIR JOHANSEN moved that the committee adopt Conceptual Amendment 2, as follows: Page 2, lines 5-6: Delete "and confirmed by a majority of the members of the legislature in joint session." REPRESENTATIVE NEUMAN objected for discussion. CHAIR JOHANSEN related his preference for the executive branch to retain control of the appointments rather than have the legislature get involved. REPRESENTATIVE DOOGAN offered his belief that whether the legislature actually had the authority to confirm the type of appointee specified in the legislation was addressed by the Division of Legal and Research Services in a March 19, 2008, memorandum from Brian Kane, and also by a Department of Law memorandum from Richard Walsh on March 20, 2008. REPRESENTATIVE WILSON indicated that to be the case and said that she didn't have a problem with [proposed Conceptual Amendment 2]. REPRESENTATIVE NEUMAN asked if the current members of the Alaska Marine Transportation Advisory Board are confirmed by the legislature. CHAIR JOHANSEN said that this is done by executive order. 1:57:32 PM REPRESENTATIVE NEUMAN removed his objection to Conceptual Amendment 2. There being no objection, Conceptual Amendment 2 was adopted. 1:57:43 PM CHAIR JOHANSEN moved that the committee adopt Conceptual Amendment 3, as follows: Page 4, lines 3-4: Delete the language ", and the nominees must have experience in the field of marine engineering or maritime operations" REPRESENTATIVE NEUMAN objected. CHAIR JOHANSEN opined that the experience level for the position should be left open. REPRESENTATIVE NEUMAN removed his objection. There being no objection, Conceptual Amendment 3 was adopted. The committee took an at-ease from 1:59 p.m. to 2:00 p.m. CHAIR JOHANSEN announced that he wouldn't offer Amendment 4 at this time. 2:00:11 PM REPRESENTATIVE FAIRCLOUGH moved that the committee adopt Amendment 5, as follows: Page 1, line 9: Delete "and improvement" REPRESENTATIVE FAIRCLOUGH stated that she supports the AMHS and improved support to that system, but there should not be a mandate to improve a system. Instead, there should be a mandate to efficiently and effectively operate and provide good service. She offered her belief that mandating improvement can be left open to wide misinterpretation. 2:01:45 PM REPRESENTATIVE DOOGAN objected, although he noted that he shared many of the concerns of Representative Fairclough. He said that the DOT&PF should have offered a better explanation as to how it developed the last ferry schedule. He opined that [mandatory improvements] doesn't seem to imply a commitment to purchase new ferries as there are much simpler and less expensive solutions to effectuate improved service. REPRESENTATIVE NEUMAN related his support for Amendment 5. He expressed his belief that without the amendment there needs to be an evaluation of the existing system to verify improvement. He noted that "improvement" is in the eye of the beholder. REPRESENTATIVE KELLER offered to substitute the language "efficient quality of service" for "improvement", as this will allow a statement of quality. 2:04:59 PM REPRESENTATIVE WILSON clarified that this language has been in statute since 1992, and, as the sponsor, she has no intention to change this language. She offered that her intention is to improve the ferry system, not to change the existing statute. She related her opposition to proposed Amendment 5. CHAIR JOHANSEN expressed his belief that it would appear unlikely that litigation will result since this language has been in statute since 1992. REPRESENTATIVE DOOGAN pointed out that the bill only commits DOT&PF to consult with the Alaska Marine Transportation Advisory Board on a long-range plan. There are no new duties or changes to the system, with the exception of adding the advisory board as a consultant. He offered his belief that the bill is not committing to any new course of action. CHAIR JOHANSEN agreed. A roll call vote was taken. Representatives Salmon, Neuman, and Fairclough voted in favor of Amendment 5. Representatives Keller, Doogan, and Johansen voted against it. Therefore, Amendment 5 failed by a vote of 3-3. 2:08:22 PM REPRESENTATIVE FAIRCLOUGH moved to adopt Amendment 6, as follows: Page 3, lines 29-31 through page 4, lines 1-2: Delete subsection (a) Insert "After one or more candidates for the position of director or deputy commissioner of the Alaska Marine Highway System have been considered by the commissioner of transportation and public facilities, the commissioner shall confer with the board on that candidate before making an appointment to that position." CHAIR JOHANSEN objected for discussion. 2:09:25 PM REPRESENTATIVE WILSON asked for a clarification. REPRESENTATIVE FAIRCLOUGH explained that this is the same wording offered by Representative Wilson, with the substitution of "candidate" for "nominee". REPRESENTATIVE NEUMAN agreed with the use of "candidate" and asked for a further clarification of the position described as "director or deputy commissioner." MR. STONE explained that both the director and deputy commissioner titles are maintained in the wording to allow for whichever of these positions an administration decides to appoint. REPRESENTATIVE NEUMAN asked who selects the candidates. MR. STONE clarified that the commissioner will first consider the candidates, who then forwards the qualified applicants to the board for its suggestions. The commissioner will make the final hiring decision. REPRESENTATIVE NEUMAN offered his belief that it is good to have public involvement. 2:14:08 PM REPRESENTATIVE DOOGAN asked for clarification of the substitution of "candidate" for "nominee" in Amendment 6. REPRESENTATIVE FAIRCLOUGH explained that a nominee is introduced by the administration, whereas a candidate is one who applies for a position. The main distinction between the two terms, she opined, is that the advisory board isn't being asked to find individuals but rather there will be an in-take process by the commissioner. CHAIR JOHANSEN asked if the intent is to delete subsection (a) in its entirety and replace it with the amendment language. REPRESENTATIVE FAIRCLOUGH replied yes. 2:16:24 PM [A discussion ensued about the amended wording of subsection (a).] The committee took an at-ease from 2:18 p.m. to 2:19 p.m. 2:19:05 PM REPRESENTATIVE FAIRCLOUGH withdrew Amendment 6. REPRESENTATIVE FAIRCLOUGH moved to adopt Amendment [7], as follows: Page 3, lines 29-31 through page 4, lines 1-2: Delete subsection (a) Insert "After one or more candidates for the position of director or deputy commissioner of the Alaska Marine Highway System have been considered by the commissioner of transportation and public facilities, the commissioner shall confer with the board on that candidate before making an appointment to that position. The selection of the candidate shall be without regard to political affiliation." There being no objection, Amendment [7] was adopted. 2:20:16 PM REPRESENTATIVE WILSON said that she, as the sponsor, would still like to see the development of a 2 year ferry schedule. [A discussion ensued to determine that all the earlier concerns with HB 294 had been addressed.] CHAIR JOHANSEN said that the agreement on Amendment 1 to include members outside the communities served by the AMHS has addressed all the earlier concerns. 2:22:07 PM REPRESENTATIVE NEUMAN asked if a representative from DOT&PF was going to speak. MARY SIROKY, Legislative Liaison, Office of the Commissioner, Department of Transportation & Public Facilities, said that the amendments and changes are acceptable to DOT&PF, and should result in a zero fiscal note. 2:23:37 PM REPRESENTATIVE KELLER asked Representative Wilson, the sponsor, if a sunset clause should be added to HB 294. REPRESENTATIVE WILSON replied that she did not think that would be of any benefit. CHAIR JOHANSEN asked DOT&PF if the zero fiscal note is prepared. MS. SIROKY said that the zero fiscal note is forthcoming. REPRESENTATIVE NEUMAN moved to report CSSSHB 294, Version 25- LS12220\O, Kane, 3/18/08, as amended, out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, CSSSHB 294(TRA) was reported out of the House Transportation Standing Committee. The committee took an at-ease from 2:26 p.m. to 2:31 p.m.
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