Legislature(1999 - 2000)

04/20/1999 01:30 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           SENATE TRANSPORTATION COMMITTEE                                                                                      
                    April 20, 1999                                                                                              
                      1:30 p.m.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Jerry Ward, Chairman                                                                                                    
Senator Drue Pearce, Vice Chair                                                                                                 
Senator Rick Halford                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Mike Miller                                                                                                             
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 135                                                                                                             
"An Act relating to the membership of a metropolitan highway                                                                    
planning organization."                                                                                                         
                                                                                                                                
     -MOVED SB 135 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PREVIOUS SENATE ACTION                                                                                                          
                                                                                                                                
SB 135 - No previous action to report                                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Mr. Dennis Poshard, Legislative                                                                                                 
  Liaison/Special Assistant                                                                                                     
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Drive                                                                                                              
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT:  Opposed SB 135                                                                                             
                                                                                                                                
Mr. Bill Cummings, Assistant Attorney                                                                                           
  General                                                                                                                       
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Opposed SB 135                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-09, SIDE A                                                                                                              
                                                                                                                                
CHAIRMAN WARD called the Senate Transportation Committee meeting to                                                             
order at 1:30 p.m. and brought SB 135 before the committee.  He                                                                 
explained it was introduced by the Transportation Committee at                                                                  
Senator Donley's request, and would change the makeup of the AMATS                                                              
Committee.                                                                                                                      
                                                                                                                                
Number 015                                                                                                                      
                                                                                                                                
MR. DENNIS POSHARD, Legislative Liaison and Special Assistant to                                                                
the Department of Transportation & Public Facilities (DOTPF), spoke                                                             
in opposition to SB 135.  He discussed the background of AMATS and                                                              
metropolitan planning organizations.  23 USC 134 states that an MPO                                                             
is designated by agreement among the governor and units of general                                                              
purpose local government.  The municipality and the governor must                                                               
agree to changes in the MPO membership. In 1976 Governor Hammond                                                                
designated the Municipality of Anchorage as an MPO with a policy                                                                
committee comprised of the mayor, one municipal council member, and                                                             
the commissioner of highways.  Anchorage was later designated as a                                                              
non-attainment area for carbon monoxide.  In 1978 Governor Hammond                                                              
designated the Municipality of Anchorage as the lead organization                                                               
to develop and implement a plan to achieve air quality standards.                                                               
At that time, the Department of Environmental Conservation (DEC)                                                                
and the municipality signed an agreement which expanded the MPO                                                                 
policy committee to one assembly member and the commissioner of                                                                 
DEC. These agreements remain in effect today.                                                                                   
                                                                                                                                
MR. POSHARD highlighted the removal of the DEC representative as a                                                              
specific problem in the bill.  Limiting the Governor to one                                                                     
appointment would make DOTPF the representative, and the department                                                             
feels it's not prudent to remove the expertise of DEC from the                                                                  
policy committee at this time.                                                                                                  
                                                                                                                                
The second issue of concern is that of vested interest versus area-                                                             
wide interest.  Currently three members - DOTPF, DEC and the mayor                                                              
- do not represent a specific portion of the municipality.  Two                                                                 
assembly members do represent a specific area of the municipality.                                                              
The potential of 4 assembly members and 2 legislators who represent                                                             
a specific part of the community raises concern that vested                                                                     
interest in local projects may take priority over area-wide                                                                     
interests for the Municipality of Anchorage.                                                                                    
                                                                                                                                
MR. POSHARD concluded it's unclear what problem this bill is                                                                    
attempting to solve.  The state and municipality currently have an                                                              
excellent working relationship.  This bill will not shorten the                                                                 
amount of time it takes to deliver a capital project, or change the                                                             
process for determining transportation priorities in Anchorage. He                                                              
discussed the resolution passed by the Anchorage Assembly last year                                                             
opposing SB 259, a similar bill that the Governor opposed as well.                                                              
The department feels the current process is adequate and cannot                                                                 
support SB 135.                                                                                                                 
                                                                                                                                
Number 103                                                                                                                      
                                                                                                                                
MR. BILL CUMMINGS, Assistant Attorney General with Department of                                                                
Law (DOL), stated DOL reviewed SB 135 and perceives two                                                                         
constitutional infirmities in the bill: it violates both the dual                                                               
office holdings provision and the separation of powers doctrine of                                                              
the Constitution.                                                                                                               
                                                                                                                                
Legislators are prohibited from holding two offices or positions                                                                
for profit in government under the dual offices holdings.  The                                                                  
language of the bill states the legislative members of the MPO will                                                             
serve without pay, but DOL believes it still violates the dual                                                                  
office provisions because it is an office, in effect, under DOTPF                                                               
in the Executive Branch.                                                                                                        
                                                                                                                                
Relating to the problem with the separation of powers, MR. CUMMINGS                                                             
said some things are uniquely legislative, others are uniquely                                                                  
executive, and yet others are uniquely judicial.  The functions to                                                              
be performed by this committee are inherently uniquely executive.                                                               
                                                                                                                                
MR. CUMMINGS said this is not an argument the department has                                                                    
crafted since the introduction of this bill.  A series of opinions                                                              
by Attorneys General and bill reviews going back more than 20 years                                                             
make the same observation about similar appointment patterns. He                                                                
said DOL would voice its concerns if SB 135 passes, which likely                                                                
will lead to a veto of the legislation.                                                                                         
                                                                                                                                
Number 148                                                                                                                      
                                                                                                                                
SENATOR HALFORD moved SB 135 from committee with individual                                                                     
recommendations and accompanying fiscal notes.  Hearing no                                                                      
objection, it was so ordered.  With no further business before the                                                              
committee, CHAIRMAN WARD adjourned at 1:40 p.m.                                                                                 
                                                                                                                                

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