Legislature(2021 - 2022)BARNES 124

02/08/2022 01:00 PM House TRANSPORTATION

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Audio Topic
01:10:06 PM Start
01:11:17 PM Department of Transportation and Public Facilities Commissioner
01:41:27 PM Overview: Executive Order 122
01:50:42 PM HB296
02:11:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
+ Consideration of Governor’s Appointees: TELECONFERENCED
Commissioner Ryan Anderson, Department of
Transportation & Public Facilities
+ Overview: Executive Order 122: Transfer Duties TELECONFERENCED
from DOA to DOTPF by Andy Mills, Legislative
Liason; Melanie Arnolds, Director, Division of
Facility Services; Dom Pannone, Director,
Administrative Services; Rob Daly, State
Leasing and Facilities Manager, Division of
Facility Services; Hilary Porter, Chief
Contracts Officer
*+ HB 296 DONATIONS/GIFTS FOR DOT&PF SIGNAGE TELECONFERENCED
Heard & Held
**Streamed live on AKL.tv**
           HB 296-DONATIONS/GIFTS FOR DOT&PF SIGNAGE                                                                        
                                                                                                                                
1:50:42 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS  announced that the  final order of  business would                                                               
be HOUSE BILL NO. 296, "An  Act relating to program receipts; and                                                               
relating to  the acceptance of  gifts, donations, and  grants for                                                               
the purpose of providing signage  for assets under the control of                                                               
the Department of Transportation and Public Facilities."                                                                        
                                                                                                                                
1:50:58 PM                                                                                                                    
                                                                                                                                
The committee took a brief at ease at 1:51 p.m.                                                                                 
                                                                                                                                
1:51:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GEORGE  RAUSCHER,  Alaska State  Legislature,  as                                                               
prime  sponsor, presented  HB 296.   He  paraphrased the  sponsor                                                               
statement  [included  in the  committee  packet],  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Part of  the job of  being a  State Senator or  a State                                                                    
     Representative is  to acknowledge those  people, groups                                                                    
     or  organizations   that  have  contributed   to  their                                                                    
     community  or state  or country  in a  unique way  that                                                                    
     provides that recognition.  One of the ways  we do that                                                                    
     is to  name a geographic location,  structure, event or                                                                    
     even  a bridge  after those  previously named  entities                                                                    
     through legislation.                                                                                                       
                                                                                                                                
     When  doing  so,  one  of the  most  common  points  of                                                                    
     discussion is the  cost to name that  structure. I have                                                                    
     never seen  one to vote  on that doesn't have  a fiscal                                                                    
     note  attached   and  that  alone  has   caused  a  few                                                                    
     legislators to vote no on the legislation.                                                                                 
                                                                                                                                
     HB 296 provide a  mechanism for funding a commemorative                                                                    
     name to a project by  allowing receipt authority to the                                                                    
     Department  of Transportation  so  that the  department                                                                    
     can collect donations for signage.  It does not require                                                                    
     these costs  to be paid  by outside groups  but instead                                                                    
     helps to codify  a process that will not  be reliant on                                                                    
     state funds.                                                                                                               
                                                                                                                                
1:53:44 PM                                                                                                                    
                                                                                                                                
RYAN MCKEE,  Staff, Representative George Rauscher,  Alaska State                                                               
Legislature,   on  behalf   of  Representative   Rauscher,  prime                                                               
sponsor, provided the sectional analysis  for HB 296 [included in                                                               
the   committee  packet],   which  read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section 1: AS 37.05.146(c) Page 1, Lines 5-7                                                                             
     This   section  adds   gifts,  donations,   and  grants                                                                    
     received  by DOT  &  PF to  the  definition of  program                                                                    
     receipts and non- general  fund programs receipts found                                                                    
     in  the  Fiscal  Procedures   Act  in  accordance  with                                                                    
     section 2 of this bill.                                                                                                    
                                                                                                                                
     Section 2:  AS 44.42.060  Page 1,  Lines 8-14,  Page 2,                                                                  
     Lines 1-3                                                                                                                
     This  section  adds  that the  department  may  receive                                                                    
     gifts,  donations,  and  grants in  accordance  with  a                                                                    
     memorandum of understanding with  the donor party. This                                                                    
     section also  outlines that the  funds may not  be used                                                                    
     until the necessary funds have  been collected from the                                                                    
     donor.                                                                                                                     
                                                                                                                                
1:55:47 PM                                                                                                                    
                                                                                                                                
MR. MCKEE, in response to  a question from Representative Hannan,                                                               
clarified that the money is collected up front.                                                                                 
                                                                                                                                
1:56:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  added there  would be an  expectation of                                                               
whether the  naming of a  bridge would be done  through donations                                                               
or "through  the legislature  and the money  process here  at the                                                               
state."  It could be either,  he said, and it would be designated                                                               
within legislation put forward.                                                                                                 
                                                                                                                                
1:57:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RAUSCHER,   in   response  to   questions   from                                                               
Representative Stutes, explained that  there is a number assigned                                                               
to a  bridge, but until  the money  is collected, the  name would                                                               
not go up on a sign at that bridge.                                                                                             
                                                                                                                                
1:59:34 PM                                                                                                                    
                                                                                                                                
CHAIR  HOPKINS  proffered  that  if  the  legislation  was  moved                                                               
forward and  passed, the physical  sign wouldn't go up  until the                                                               
state receives the money.                                                                                                       
                                                                                                                                
2:00:24 PM                                                                                                                    
                                                                                                                                
MR. MILLS, in  response to a question from  Chair Hopkins, walked                                                               
the  committee through  the process.   First,  a bill  would come                                                               
before the  legislature requesting  the naming  of a  bridge, and                                                               
the bill  would signify whether the  funds would be from  a donor                                                               
or  be paid  by the  state.   If the  money were  to come  from a                                                               
donor,  then  the state  would  designate  [the donor]  in  state                                                               
designated  program receipts  (SDPR)  that  the department  would                                                               
expect  to   collect,  and  there   would  be  a   memorandum  of                                                               
understanding (MOU)  that would be  signed with that party.   Mr.                                                               
Mills cited  the language  on page  1, line  14, through  page 2,                                                               
line 1  of HB 296, as  pertaining to this process  and protecting                                                               
DOT&PF from  having to pay  for the  signage with its  own funds.                                                               
In conclusion, he confirmed the sign  for the bridge would not be                                                               
placed until the funds were collected.   In response to a follow-                                                               
up question from  Representative Stutes, he said if  a donor died                                                               
after making a commitment  to pay for a sign on  a bridge, then a                                                               
new MOU  could be  drafted.  He  then suggested  that designating                                                               
that the money would come from a  third party would be one way to                                                               
"get around that issue."                                                                                                        
                                                                                                                                
2:04:09 PM                                                                                                                    
                                                                                                                                
MR.  MILLS, in  response  to Representative  Hannan, offered  his                                                               
understanding  that "the  sweep" [that  occurs  at the  end of  a                                                               
fiscal  year]  does  not   affect  statutory  designated  program                                                               
receipts.   To  another question,  he replied  that DOT&PF  would                                                               
collect the  funds only when the  full amount was available.   He                                                               
added that a "boiler plate" MOU would be available.                                                                             
                                                                                                                                
2:05:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCABE  expressed   his  understanding   of  the                                                               
mechanism proposed under HB 296.                                                                                                
                                                                                                                                
2:06:59 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS noted that he agrees with the mechanism.                                                                          
                                                                                                                                
2:07:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER said  HB  296 basically  would give  the                                                               
receipt authority for DOT&PF to collect the funds.                                                                              
                                                                                                                                
2:07:46 PM                                                                                                                    
                                                                                                                                
MR. MILLS, in  response to Chair Hopkins, clarified  that a donor                                                               
could gift  the actual sign rather  than the funds for  one to be                                                               
made, as  long as the  sign itself  met the standards  of DOT&PF.                                                               
He  then  responded   to  follow-up  questions.     He  said  the                                                               
department does not "presuppose"  price as affected by inflation,                                                               
and "would work  to make that difference up."   He explained that                                                               
the  authority given  would  be to  spend down  to  zero, so  the                                                               
fiscal note would  be zero, but would not be  "a true zero fiscal                                                               
note."                                                                                                                          
                                                                                                                                
2:09:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER, in  response  to Representative  Hannan                                                               
regarding  the need  for this  legislation  to dedicate  bridges,                                                               
shared that "one or two votes  have not happened because it costs                                                               
the state money."                                                                                                               
                                                                                                                                
2:10:41 PM                                                                                                                    
                                                                                                                                
CHAIR  HOPKINS  offered  clarification  that  HB  296  would  not                                                               
[preclude other forms of funding].                                                                                              
                                                                                                                                
2:11:12 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS expressed appreciation for the proposed bill.                                                                     
                                                                                                                                
REPRESENTATIVE RAUSCHER thanked the committee.                                                                                  
                                                                                                                                
2:11:45 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS announced that HB 296 was held over.                                                                              

Document Name Date/Time Subjects
exor0122.pdf HTRA 2/8/2022 1:00:00 PM
Executive Order 122 - Transfering Certain Duties from DOA to DOTPF
HB 296 Sectional Analysis 1.31.2022.pdf HTRA 2/8/2022 1:00:00 PM
HB 296
HB 296 Sponsor Statement .pdf HTRA 2/8/2022 1:00:00 PM
HB 296
Ryan Anderson Resume 2021_Redacted.pdf HTRA 2/8/2022 1:00:00 PM
Confirmation Hearing - Ryan Anderson Commissioner-Designee DOTPF