04/14/2009 02:56 PM House TRA
| Audio | Topic |
|---|---|
| Start | |
| SB148 | |
| SB59 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
April 14, 2009
2:56 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Craig Johnson, Vice Chair
Representative Kyle Johansen
Representative Cathy Engstrom Munoz
Representative Mike Doogan
Representative Max Gruenberg
MEMBERS ABSENT
Representative John Harris
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 148(JUD)
"An Act relating to limitation of state liability on certain
federal highway programs; and providing for an effective date."
- MOVED HCSCSSB 148(TRA) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 59(TRA) am
"An Act relating to the operation of low-speed vehicles."
- MOVED HCSCSSB 59(TRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 148
SHORT TITLE: LIABILITY FOR TRIBAL ROAD CONSTRUCTION
SPONSOR(s): TRANSPORTATION BY REQUEST
03/13/09 (S) READ THE FIRST TIME - REFERRALS
03/13/09 (S) TRA, JUD
03/24/09 (S) TRA AT 1:00 PM BUTROVICH 205
03/24/09 (S) Moved SB 148 Out of Committee
03/24/09 (S) MINUTE(TRA)
03/25/09 (S) TRA RPT 4DP 1NR
03/25/09 (S) DP: KOOKESH, MENARD, DAVIS, MEYER
03/25/09 (S) NR: PASKVAN
03/30/09 (S) JUD AT 1:30 PM BELTZ 211
03/30/09 (S) Heard & Held
03/30/09 (S) MINUTE(JUD)
04/06/09 (S) JUD AT 1:30 PM BELTZ 211
04/06/09 (S) Moved CSSB 148(JUD) Out of Committee
04/06/09 (S) MINUTE(JUD)
04/07/09 (S) JUD RPT CS 1DP 3NR SAME TITLE
04/07/09 (S) DP: FRENCH
04/07/09 (S) NR: THERRIAULT, WIELECHOWSKI, MCGUIRE
04/09/09 (S) TRANSMITTED TO (H)
04/09/09 (S) VERSION: CSSB 148(JUD)
04/10/09 (H) READ THE FIRST TIME - REFERRALS
04/10/09 (H) TRA, JUD
04/14/09 (H) TRA AT 1:00 PM CAPITOL 17
BILL: SB 59
SHORT TITLE: LOW-SPEED MOTOR VEHICLES
SPONSOR(s): SENATOR(s) STEDMAN
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) TRA, JUD
01/21/09 (S) PREFILE RELEASED 1/16/09
02/17/09 (S) TRA AT 1:00 PM BUTROVICH 205
02/17/09 (S) Heard & Held
02/17/09 (S) MINUTE(TRA)
02/24/09 (S) TRA AT 1:00 PM BUTROVICH 205
02/24/09 (S) Heard & Held
02/24/09 (S) MINUTE(TRA)
03/03/09 (S) TRA AT 1:00 PM BUTROVICH 205
03/03/09 (S) Moved CSSB 59(TRA) Out of Committee
03/03/09 (S) MINUTE(TRA)
03/05/09 (S) DP: KOOKESH, MEYER, DAVIS, PASKVAN
03/05/09 (S) TRA RPT CS 4DP SAME TITLE
03/18/09 (S) JUD AT 1:30 PM BELTZ 211
03/18/09 (S) Heard & Held
03/18/09 (S) MINUTE(JUD)
04/10/09 (S) JUD AT 1:30 PM BELTZ 211
04/10/09 (S) Moved CSSB 59(TRA) Out of Committee
04/10/09 (S) MINUTE(JUD)
04/11/09 (S) JUD RPT CS(TRA) 1DP 3NR
04/11/09 (S) DP: THERRIAULT
04/11/09 (S) NR: FRENCH, WIELECHOWSKI, MCGUIRE
04/13/09 (S) VERSION: CSSB 59(TRA) AM
04/13/09 (S) TRANSMITTED TO (H)
04/14/09 (H) TRA AT 1:00 PM CAPITOL 17
WITNESS REGISTER
DOROTHY SHOCKLEY, Staff
SENATOR ALBERT KOOKESH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 148 on behalf of the prime
sponsor, the Senate Transportation Committee.
MARY SIROKY, Legislative Liaison
Office of the Commissioner
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion of SB 148.
WESTON EILER, Staff
Senator Bert Stedman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 59 on behalf of the prime
sponsor, Senator Bert Stedman.
MEGAN PASTERNAK
Sitka, Alaska
POSITION STATEMENT: Testified in support of SB 59.
ACTION NARRATIVE
2:56:27 PM
CHAIR PEGGY WILSON called the House Transportation Standing
Committee meeting to order at 2:56 p.m. Representatives Doogan,
Munoz, Gruenberg, and Wilson were present at the call to order.
Representatives Johansen and Johnson arrived as the meeting was
in progress.
2:56:52 PM
SB 148-LIABILITY FOR TRIBAL ROAD CONSTRUCTION
2:57:03 PM
CHAIR WILSON announced that the first order of business would be
CS FOR SENATE BILL NO. 148(JUD), "An Act relating to limitation
of state liability on certain federal highway programs; and
providing for an effective date."
2:57:14 PM
DOROTHY SHOCKLEY, Staff, Senator Albert Kookesh, Alaska State
Legislature, stated that SB 148 would resolve the issue of
liability to the state or employees of the state when partnering
with federally recognized tribes under the Indian Reservations
Road Program. This bill will assist by leading to long-term
improvements in the state's overall transportation
infrastructure. As DOT&PF prepares for the next State
Transportation Improvement Plan (STIP), for the first time
Indian tribes can bring forth matching and maintenance funds.
She referred to packet materials including two lists, one
showing allocation, and the other detailing the shares per mile
and per population. She related that DOT&PF prepared an
overview of funding and road inventory funding. She noted that
the roads in question are owned by the state and local
governments. She highlighted the IRR funding for Alaska tribes
and stipulations for IRR funding, which allows up to 25 percent
for road maintenance, matching funds, and design and
construction. She explained that the economic stimulus funding
is estimated at $35 million. She concluded by stating that the
bill will resolve the state's liability issue.
3:00:41 PM
CHAIR WILSON recapped that SB 148 is basically to address Indian
tribe road issues. She stated that this could allow for
additional jobs on DOT&PF projects, and limits the state's
liability.
3:01:34 PM
MARY SIROKY, Legislative Liaison, Office of the Commissioner,
Department of Transportation & Public Facilities (DOT&PF),
explained that the Department of Transportation & Public
Facilities supports the bill. She related that the DOT&PF asked
Senator Kookesh to carry the bill. The bill will assist DOT&PF
to partner with tribes and will make it much easier for tribal
personnel to build technical skills to maintain their own roads.
3:02:25 PM
CHAIR WILSON, after first determining no one else wished to
testify, closed public testimony on SB 148.
3:02:43 PM
REPRESENTATIVE JOHNSON asked whether the bill will waive the
state's liability if someone is working on the roads.
MS. SIROKY answered that SB 148 clearly identifies when an
Indian tribe is working on a road using Indian Reservation Road
(IRR) funds, the state remains liable for the underlying design.
Thus, if a vehicle has an accident due to a design flaw, the
state is still liable.
3:03:42 PM
REPRESENTATIVE JOHNSON asked whether the state is compensated
for the design work for the federal government.
MS. SIROKY offered an example in which a road was built and an
accident occurred while the Indian tribe was performing
maintenance. If a lawsuit was filed due to the curb being too
sharp, the state would be held liable. However, in the event
that the road is not properly maintained and an accident is
caused due to icy roads, the Indian tribe would be held liable.
REPRESENTATIVE JOHNSON asked how SB 148 would benefit the state.
MS. SIROKY answered this bill would allow the DOT&PF to access
millions of federal dollars specifically allocated to Indian
tribes. She related that $38 million has been allocated in the
economic stimulus funds alone. She offered that the goal would
be for Indian tribes to take over road maintenance.
Additionally, the DOT&PF would have opportunities to partner
with Indian tribes on projects using IRR funding. She
reiterated that SB 148 will offer opportunities for the DOT&PF
to partner on projects.
3:06:03 PM
REPRESENTATIVE GRUENBERG related his understanding that the
state's liability is governed by existing statutes already.
This bill would not affect those statutes nor will it affect
people's ability to seek compensation for negligence caused by
the Indian tribe. In those instances the person would proceed
under the Federal Tort Claims Act (FTCA).
MS. SIROKY agreed. She noted that the DOT&PF attorney is
available for more details.
3:07:07 PM
REPRESENTATIVE MUNOZ related her understanding that the DOT&PF
is currently working on a Memorandum of Understanding for the
Indian tribes to determine the responsibilities and any
opportunities to partner.
MS. SIROKY agreed. She stated the state's liability issue was
always the biggest hindrance. She opined that SB 148 will
resolve the matter in statute.
3:07:47 PM
REPRESENTATIVE MUNOZ made a motion to adopt Amendment 1, labeled
26-G-1, (4/8/2009), (1:27 PM), which read [original punctuation
provided]:
Page 1, line 14:
Delete "due to"
REPRESENTATIVE MUNOZ explained the language deletion in
Amendment 1 was brought to her attention by Senator Kookesh.
She related that with the amendment the sentence flows better
and ambiguity is reduced.
REPRESENTATIVE JOHANSEN objected.
3:08:56 PM
MS. SHOCKLEY advised members that Senator Kookesh supports
Amendment 1.
REPRESENTATIVE JOHANSEN removed his objection.
There being no further objection, Amendment 1 was adopted.
3:09:14 PM
REPRESENTATIVE MUNOZ moved to report the House committee
substitute (HCS) CSSB 148(JUD), as amended, out of committee
with individual recommendations and the accompanying zero fiscal
note. There being no objection, HCS CSSB 148(TRA) was reported
from the House Transportation Standing Committee.
3:09:58 PM
SB 59-LOW-SPEED MOTOR VEHICLES
3:10:06 PM
CHAIR WILSON announced that the final order of business would be
CS FOR SENATE BILL NO. 59(TRA) am, "An Act relating to the
operation of low-speed vehicles." She mentioned that the
committee also heard the companion bill on April 8, 2009.
3:10:12 PM
WESTON EILER, Staff, Senator Bert Stedman, Alaska State
Legislature, stated on behalf of the prime sponsor of SB 59,
Senator Bert Stedman, that SB 59 was amended on the floor of the
Senate.
REPRESENTATIVE GRUENBERG made a motion to adopt the proposed
House committee substitute (HCS) for CSSB 59(TRA) am, labeled
26-LS0280\N, Luckhaupt, 4/14/09. There being no objection,
Version N was before the committee.
MR. EILER stated Version N would incorporate changes to address
many of the issues that the Department of Transportation &
Public Facilities (DOT&PF) had with the bill. He offered that
the bill had several committee hearings in the other body. He
referred to language in Version N that incorporates many of the
concerns members had on the companion bill, HB 55. He
specifically referred to page 1, line 11 of Version N, which
adds a provision limiting low-speed vehicles to municipalities
with a population of less than 35,000 and to the last provision
on page 2. He opined that SB 59 largely mirrors the companion
bill.
REPRESENTATIVE JOHNSON asked for an explanation of the
differences between SB 59 and Version N.
MR. EILER explained the final version of SB 59 included an
amendment that would allow municipalities to pass an ordinance
allowing low-speed vehicles to be operated in urban situations.
He offered the DOT&PF expressed concern that congestion and
safety could be an issue in some urban situations. An earlier
version of the bill allowed low-speed vehicles to be operated in
municipalities with a population of 25,000 or less that passed
an ordinance so long as the municipality was not connected by
road to Anchorage or Fairbanks. Thus, compromise language
contained in Version N would limit the low-speed vehicles to
communities of 35,000 or less.
3:13:33 PM
CHAIR WILSON related her understanding the DOT&PF was concerned
that operating the low-speed vehicles would not be safe due to
merging with faster traffic.
MR. EILER agreed. He highlighted that currently low-speed
vehicles that top out at 25 miles per hour (mph) are allowed to
travel statewide on roads with a speed limit of 35 mph. This
bill would recognize the bourgeoning use of these vehicles and
allow them to travel on roadways posted at 45 mph. However,
that disparate speed, a 20 mph difference, raised concern with
DOT&PF. Thus, the expansion was limited to areas off the main
road system or to smaller communities of 35,000 or less.
3:14:26 PM
REPRESENTATIVE JOHANSEN related his understanding Version N puts
in language that was removed by the other body during floor
action.
MR. EILER answered yes.
3:14:54 PM
REPRESENTATIVE JOHNSON stated he would like the DOT&PF to be on
the record with their support. He also said he assumes that the
bill sponsor is in total agreement with Version N language.
MR. EILER answered yes.
3:15:16 PM
REPRESENTATIVE JOHNSON stated he was not sure if it appropriate
to ask, but he asked for the floor vote.
CHAIR WILSON answered that it is not appropriate and ruled
Representative Johnson out of order.
3:15:39 PM
REPRESENTATIVE JOHNSON expressed concern that SB 59 has a great
deal of value, but if Version N is adopted and the Senate does
not concur, the bill would die.
3:16:11 PM
CHAIR WILSON informed members she did not want to move a bill
from committee that the DOT&PF is definitely against. She
related that Version N was developed by the sponsor.
REPRESENTATIVE JOHNSON offered his support for the language in
the companion bill. He related that the sponsor and the
department may support Version N, but the department support
should not dictate the vote of the committee. He acknowledged
the position, but asked to discuss the action. He recognized
the vote in the other body was relevant.
3:17:24 PM
CHAIR WILSON recognized his concern and said she would allow the
discussion.
MR. EILER offered to check the record. He offered his belief
the Senate amendment was widely supported and that SB 59 passed
unanimously.
3:17:58 PM
REPRESENTATIVE JOHANSEN offered support for the sponsor's
strategy.
3:18:13 PM
REPRESENTATIVE GRUENBERG pointed out in order to qualify under
subparagraph (A) that a municipality must do all three things
listed in sub-subparagraph (i), (ii), and (iii). Thus, in order
to qualify to operate a vehicle on a highway with a maximum
speed limit of 45 mph a highway must be located within a
municipality that has a population under 35,000, must not be
connected by road to Anchorage or Fairbanks, and the
municipality must have passed an ordinance to allow the
operation of a low-speed vehicle as provided for in subparagraph
(b). He suggested that to make the provision clear, perhaps a
friendly amendment could be made. He related that on page 1,
after line 13, to add an "and" after the ";"and on page 2, line
1, to add an "or" after ";".
MR. EILER explained that subsection (b) would allow low-speed
vehicles to be operated in areas such as Prince of Wales Island
that are not connected to the road system. He reiterated that
some areas are not connected to the road system.
3:19:57 PM
REPRESENTATIVE GRUENBERG explained that the purpose of his
"friendly" amendment would be to make that allowance perfectly
clear. Representative Gruenberg made a motion to adopt
Conceptual Amendment 1, as follows:
Page 1, line 13, following ";"
Insert "and"
Page 2, line 1 following ";"
Insert "or"
3:20:29 PM
CHAIR WILSON objected for purpose of discussion. She asked if
an additional word should also be inserted on page 1, line 11.
REPRESENTATIVE GRUENBERG answered no. He stated additional
language would not be necessary.
3:21:26 PM
REPRESENTATIVE DOOGAN related his understanding the only
substantive difference between the two versions of SB 59, the
Senate committee substitute and Version N, is that Version N
contains the provision, "has a population of less than 35,000".
3:21:57 PM
MR. EILER pointed out one other change incorporated in Version N
is a technical amendment. He referred to page 2, line 7, which
removes the word "authorized".
REPRESENTATIVE DOOGAN maintained the only substantive change
contained in SB 59, Version N is that the bill is limited to
municipalities with a population of less than 35,000.
MR. EILER noted his agreement.
3:23:01 PM
REPRESENTATIVE JOHNSON emphasized that he does not support using
low-speed vehicles in cities. He asked if the committee should
consider reverting back to the original version of the bill.
3:23:47 PM
REPRESENTATIVE JOHNSON said he did not wish to hold the bill up.
CHAIR WILSON removed her objection. There being no further
objection, Conceptual Amendment 1 was adopted.
3:24:31 PM
MEGAN PASTERNAK stated that she owns and drives an electric
vehicle. She opined that it would be great if this bill could
get passed this session. She referred to her earlier testimony
which presented her views on this bill. She further opined that
low-speed vehicles should be allowed in larger communities since
they still have 35 mph "pockets" where low-speed vehicles could
be driven. Additionally, some municipalities are connected to
the larger communities. She recalled some people's concerns
that low-speed vehicle owners will not pay their share of
highway maintenance fees. She offered her belief that her 1200
pound car causes little damage to roadways compared to other
vehicles or heavy trucks. She expressed her willingness to pay
fees. She stated that she would love to put her vehicle on the
ferry and drive it around Juneau, but it is not possible to
drive from the ferry to downtown Juneau since the highway that
connects the terminal to downtown has a speed limit in excess of
45 mph.
CHAIR WILSON remarked that people can drive on 35 mph roads
anywhere in state.
3:27:21 PM
CHAIR WILSON, after first determining no one else wished to
testify, closed public testimony on SB 59.
REPRESENTATIVE MUNOZ moved to report the House committee
substitute (HCS) for CSSB 59(TRA) am, labeled 26-LS0280\N,
Luckhaupt, 4/14/09, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, the HCS CSSB 59(TRA) was reported from the House
Transportation Standing Committee.
3:28:23 PM
REPRESENTATIVE MUNOZ thanked Chair Wilson for providing members
with a great process this legislative session.
3:28:48 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 3:28
p.m.
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