05/14/2003 09:40 AM Senate FIN

                                                                                                                                
     SENATE BILL NO. 213                                                                                                        
     "An Act establishing the Knik Arm Bridge and Toll Authority                                                                
     and relating to that authority; and providing for an effective                                                             
     date."                                                                                                                     
                                                                                                                                
This bill had previously reported from Committee.                                                                               
                                                                                                                                
Senator  Bunde  commented  on  a  legal  opinion  relating  to  this                                                            
legislation  regarding  the ability  of legislators  to serve  on an                                                            
authority.  He  recalled  an argument  challenging  the  ability  of                                                            
legislators to  serve on the Commission of Postsecondary  Education,                                                            
although  legislatures continue  to serve  in this capacity  without                                                            
consequence.                                                                                                                    
                                                                                                                                
Co-Chair  Wilken  indicated  the  Committee   would  reconsider  the                                                            
matter.                                                                                                                         
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 213                                                                                                        
     "An  Act establishing  the Knik Arm  Bridge and Toll  Authority                                                            
     and relating to that  authority; and providing for an effective                                                            
     date."                                                                                                                     
                                                                                                                                
Senator Taylor  offered a motion to  rescind the Committee's  action                                                            
to report this bill from  Committee for the purposes of adopting the                                                            
following amendment.                                                                                                            
                                                                                                                                
Amendment  #2:  This  amendment  inserts  two  subsections  in  Sec.                                                            
44.90.030. Board of directors  authority., of Section 1. The amended                                                            
language on page 2, following line 13 reads as follows.                                                                         
                                                                                                                                
                (4) one nonvoting member who is a member of the                                                                 
     state house of representatives  appointed by the speaker of the                                                            
     house  and who serves  at the  pleasure of  the speaker  of the                                                            
     house; the speaker  of the house shall consider the appointment                                                            
     of  a  legislator  elected  from a  house  district  that  lies                                                            
     entirely  or partially within the Municipality  of Anchorage or                                                            
     the  Matanuska-Susitna   Borough  for  appointment  under  this                                                            
     paragraph; and                                                                                                             
                (5) one nonvoting member who is a member of the                                                                 
     state senate  appointed by the president of the  senate and who                                                            
     serves  at the  pleasure of the  president  of the senate;  the                                                            
     president  of the senate  shall consider  the appointment  of a                                                            
     senator  elected from a senate  district that lies entirely  or                                                            
     partially   within  the  Municipality   of  Anchorage   or  the                                                            
     Matanuska-Susitna    Borough   for   appointment   under   this                                                            
     paragraph.                                                                                                                 
                                                                                                                                
This  amendment   also  clarifies   Sec.  44.90.041.  Operation   of                                                            
authority., to  apply to "voting" members of the board.  The amended                                                            
language on page 2, lines 22 and 23 reads as follows.                                                                           
                                                                                                                                
          (b) Two voting members of the board constitute a quorum.                                                              
          (c) The public member of the board serves as the chair of                                                             
     the board. The voting members of the board shall elect other                                                               
     officers they determine desirable.                                                                                         
                                                                                                                                
Senator  Bunde objected  to the  motion to rescind  the Committee's                                                             
action.  He  reiterated  his  earlier  comments  relating  to  other                                                            
commissions with legislative  members that have functioned for years                                                            
without challenge.                                                                                                              
                                                                                                                                
Senator  Olson   noted  the  legislative   members  of  the   Alaska                                                            
Commission  on Postsecondary Education  (ACPE) are voting  positions                                                            
and the  membership  positions proposed  in the  amendment would  be                                                            
nonvoting and  asked whether this  could affect the ability  to rely                                                            
on the precedence established with the ACPE system.                                                                             
                                                                                                                                
Senator  Bunde surmised  it  would not  and suggested  that  because                                                            
these positions  would be nonvoting,  they would be less  subject to                                                            
constitutionality challenges.                                                                                                   
                                                                                                                                
Senator Hoffman  commented that the current language  of the bill is                                                            
appropriate.                                                                                                                    
                                                                                                                                
Senator  Taylor stated  that discussion  on the  proposed  amendment                                                            
should not occur before the bill was before the Committee.                                                                      
                                                                                                                                
Co-Chair Wilken  ruled the discussion  could include the  amendment,                                                            
as the  intent  of rescinding  the motion  to report  the bill  from                                                            
Committee was for the purposes of considering the amendment.                                                                    
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Senator Taylor                                                                                                        
                                                                                                                                
OPPOSED:  Senator Bunde,  Senator Hoffman,  Senator Olson,  Co-Chair                                                            
Green and Co-Chair Wilken                                                                                                       
                                                                                                                                
ABSENT: Senator B. Stevens                                                                                                      
                                                                                                                                
The motion FAILED (1-5-1)