03/24/2009 01:00 PM House TRANSPORTATION

HB 155-AUTHORIZE ECONOMIC STIMULUS PARTICIPATION                                                                              
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
HOUSE BILL  NO. 155,  "An Act relating  to the  authorization for                                                               
the  Department  of  Transportation   and  Public  Facilities  to                                                               
participate  in the  American Recovery  and  Reinvestment Act  of                                                               
2009; and providing for an effective date."                                                                                     
                                                                                                                                
MICHAEL BARNHILL,  Senior Assistant  Attorney General,  Labor and                                                               
State  Affairs Section,  Civil Division  (Juneau), Department  of                                                               
Law (DOL),  stated that  HB 155  provides explicit  authority for                                                               
the Department of Transportation  & Public Facilities (DOT&PF) to                                                               
participate in program funding set  forth by the federal economic                                                               
stimulus bill that was passed by Congress last month.                                                                           
                                                                                                                                
2:06:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  1,                                                               
labeled  26-GH1056\A.1, which  read  [including some  handwritten                                                               
changes]:                                                                                                                       
                                                                                                                                
     Page 2, line 19:                                                                                                           
          Delete "and"                                                                                                          
                                                                                                                                
     Page 2, line 20, following "law,":                                                                                         
          Insert "and subject to appropriation,"                                                                                
                                                                                                                                
     Page 2, line 19, following "any"                                                                                           
          Insert "other"                                                                                                        
                                                                                                                                
REPRESENTATIVE JOHNSON objected for purposes of discussion.                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG referred to page  2, line 19, of HB 155.                                                               
He explained  that subsection  (d) is the  only provision  of the                                                               
bill which is legislation rather than legislative intent.                                                                       
                                                                                                                                
2:06:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG explained that in  the rest of the bill,                                                               
the expenditure  of the  funds is subject  to appropriation.   He                                                               
pointed out the reference to  the term "appropriation" on page 1,                                                               
line 12, and on  page 2, lines 7 and 17, of HB  155.  However, he                                                               
noted that  subsection (d) references participation  but does not                                                               
specifically  use   the  term  "appropriation."     He  expressed                                                               
interest in having  all aspects of the  economic stimulus funding                                                               
subject  to   appropriation.    He   noted  that  he   added  one                                                               
grammatical  change  which  he referred  to  as  the  handwritten                                                               
portion of Amendment 1.                                                                                                         
                                                                                                                                
CHAIR WILSON noted  that if Amendment 1  was adopted, [subsection                                                               
(d)] would read as follows:                                                                                                     
                                                                                                                                
          (d)  Notwithstanding any other provision of state                                                                     
       law, to the extent not already authorized by state                                                                       
      law, and subject to appropriation, the Department of                                                                      
     Transportation and  Public Facilities is  authorized to                                                                    
     participate  in the  programs  and  funding enacted  by                                                                    
     Division  A, Titles  VI and  XII, P.L.  111-5 (American                                                                    
     Recovery and Reinvestment Act of 2009).                                                                                    
                                                                                                                                
MR. BARNHILL stated that he does not object to Amendment 1.                                                                     
                                                                                                                                
REPRESENTATIVE  JOHNSON removed  his objection.   There  being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
2:09:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN moved  to report HB 155,  as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal note.                                                                                                       
                                                                                                                                
REPRESENTATIVE  MUNOZ objected.    She  asked whether  additional                                                               
"resolution"   would  be   required  to   address  the   stimulus                                                               
contingent funds of secondary projects.                                                                                         
                                                                                                                                
MR. BARNHILL  answered that  additional contingent  projects will                                                               
be addressed  in HB 154,  the appropriations bill, so  that other                                                               
projects can be  substituted in case some are  not "shovel ready"                                                               
or there are additional funds.                                                                                                  
                                                                                                                                
2:10:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ removed her objection.                                                                                     
                                                                                                                                
There  being no  further  objection, CSHB  155(TRA) was  reported                                                               
from the House Transportation Standing Committee.