Legislature(2021 - 2022)BELTZ 105 (TSBldg)
02/01/2022 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB168 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 168 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 168-DONATIONS/GIFTS FOR DOT&PF SIGNAGE
1:35:44 PM
CHAIR MYERS announced the consideration of SENATE BILL NO. 168
"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."
1:36:19 PM
CHAIR MYERS, speaking as sponsor, explained that the legislature
honors people through commemorative naming, but it has been
problematic to fund the signage. SB 168 would provide a new
avenue for funding by allowing the Department of Transportation
and Public Facilities (DOTPF) to collect the funds from a third
party for signage costs.
1:37:34 PM
DAWSON MANN, Staff, Senator Robert Myers, Alaska State
Legislature, Juneau, Alaska, on behalf of the sponsor,
paraphrased the sectional analysis for SB 168, which read:
[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 program receipts found
in the Fiscal Procedures Act in accordance with
section 2 of this bill.
1:38:20 PM
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.
Legislative research examined similar states that
allow for their Departments of Transportation (DOT) to
receive donations to aid the cost of certain signage,
in ways similar to those in SB 168 currently being
considered by the Alaska Legislature.
MR. MANN stated that there is a zero fiscal note.
1:39:29 PM
ANDY MILLS, Legislative Liaison, Department of
Transportation and Public Facilities (DOTPF), Juneau,
Alaska, stated that SB 168 would codify the process to
allow third parties to pay for signage costs.
1:40:08 PM
SENATOR MICCICHE stated that sometimes organizations or
individuals want to honor someone by naming a bridge or
roadway after them, but the Department of Transportation
and Public Facilities (DOTPF) incurs the costs for signage.
Many organizations have expressed their willingness to
donate funds for signage. He expressed his interest in
allowing the organizations or individuals to do so but
wondered if the department would have written the bill in
this manner.
CHAIR MYERS explained that his direction to Legislative
Legal Services was to keep the language as broad as
possible to allow a nonprofit or for-profit business,
fraternal organization, or another group to be the conduit
for soliciting or collecting donations. The bill drafter
suggested using "agency."
1:40:17 PM
SENATOR SHOWER joined the committee.
1:41:28 PM
SENATOR MICCICHE referred to the language on page 1, lines
11-12, which read "... a memorandum of understanding agreed
on by the donor and the department." He stated that an
organization might collect the funds from its members and
offer it as a lump sum. He envisioned that a community
person might act as a clearinghouse for the donations. He
wondered about the timing since the legislature might pass
a commemorative bill with a fiscal note. This bill would
allow donor participation, but the department could not
start the work until the department received the donor
funds. He asked if this would present a problem.
1:42:41 PM
MR. MILLS agreed that SB 168 was crafted to allow a third-
party donor to cover costs for naming a bridge or roadway.
However, the department would be responsible for the
signage if the donors did not remit the funds. The language
was written to ensure that the collection and receipt of
funds would trigger the department's actions. He said it
seemed logical for an organization to collect these funds.
The department often designates an individual within an
organization to represent and sign an MOU on the
organization's behalf. He said he did not believe this
language would bar that from happening.
1:44:15 PM
SENATOR SHOWER referred to page 1, lines 9-10, which read
"a person or agency." He asked if this language would need
to say a "person," "group," or use some other term that
would not be limiting. He wondered how an "agency" would be
defined.
MR. MILLS responded that he did not have the statutory
definition for "agency." However, for third-party
collections, the department would interpret "a person" to
mean a person representing an organization who is
collecting funds on behalf of an organization and signing
the MOU. However, the department would not be opposed to
the committee further defining it.
1:45:38 PM
SENATOR SHOWER commented that typically a nonprofit or
other group would like to participate as a means of
honoring a member of their group. He said the committee
could clarify the intent language.
1:46:03 PM
CHAIR MYERS explained that his direction to Legislative
Legal Services was to keep the language as broad as
possible to allow a nonprofit or for-profit business,
fraternal organization, or another group to be the conduit
for soliciting and collecting donations. The bill drafter
suggested "agency" would accomplish his goal.
SENATOR SHOWER stated that the record would reflect that
was the sponsor's intent.
1:46:45 PM
SENATOR KIEHL acknowledged that it might be problematic if
the sponsor had used "natural person" but since it says, "a
person," it would also include a corporate or nonprofit
corporation. He offered his belief that this would meet the
sponsor's intent.
1:47:23 PM
CHAIR MYERS opened public testimony; finding none; he
closed public testimony on SB 168.
CHAIR MYERS solicited amendments from members.
1:47:57 PM
SENATOR MICCICHE stated he did not have an amendment to
offer. Still, if he had an amendment, he would add
"organization" and change "by the donor" to "donor
representative" or something similar. He acknowledged that
the committee discussed the bill's intent on the record. He
said it is clear that the committee intends a donor to
mean, for example, an executive director of a veteran's
group collecting for a particular reason. He supported
Senator Kiehl's interpretation that a "person" could
include an organization or a nonprofit. Although he would
have written it differently, members and the department
agree that this language would suffice.
1:48:57 PM
CHAIR MYERS solicited a motion.
1:49:00 PM
SENATOR SHOWER moved to report SB 168, work order 32-
LS1212\A, from committee with individual recommendations
and attached fiscal note(s).
CHAIR MYERS found no objection, and SB 168 was reported
from the Senate Transportation Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 168 Support Document 2.1.22.pdf |
SFIN 2/14/2022 9:00:00 AM SFIN 3/14/2022 9:00:00 AM STRA 2/1/2022 1:30:00 PM |
SB 168 |
| SB 168 Fiscal Note DOT 2.1.22.pdf |
STRA 2/1/2022 1:30:00 PM |
SB 168 |
| SB 168 v. A Sectional Analysis.pdf |
SFIN 2/14/2022 9:00:00 AM SFIN 3/14/2022 9:00:00 AM STRA 2/1/2022 1:30:00 PM |
SB 168 |
| SB 168 v. A Legislation.PDF |
STRA 2/1/2022 1:30:00 PM |
SB 168 |
| SB 168 v. A Sponsor Statement .pdf |
SFIN 2/14/2022 9:00:00 AM SFIN 3/14/2022 9:00:00 AM STRA 2/1/2022 1:30:00 PM |
SB 168 |