Legislature(2007 - 2008)BUTROVICH 205

04/01/2008 02:00 PM Senate TRANSPORTATION


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02:11:27 PM Start
02:12:12 PM SB298
02:25:47 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= SB 298 MARINE TRANSPORTATION: BOARD & DIVISION
Moved CSSB 298(TRA) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         April 1, 2008                                                                                          
                           2:11 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Albert Kookesh, Chair                                                                                                   
Senator John Cowdery, Vice Chair                                                                                                
Senator Donald Olson                                                                                                            
Senator Bill Wielechowski                                                                                                       
Senator Gary Wilken                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 298                                                                                                             
"An  Act  establishing  the division  of  marine  transportation;                                                               
establishing  the Alaska  Marine  Transportation Authority  Board                                                               
and  the  position   of  director  of  the   division  of  marine                                                               
transportation,  and assigning  the  powers and  duties of  each;                                                               
making  conforming amendments;  and  providing  for an  effective                                                               
date."                                                                                                                          
     MOVED CSSB 298(TRA) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: SB 298                                                                                                                  
SHORT TITLE: MARINE TRANSPORTATION: BOARD & DIVISION                                                                            
SPONSOR(s): TRANSPORTATION                                                                                                      
                                                                                                                                
03/04/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/04/08       (S)       TRA, FIN                                                                                               
03/20/08       (S)       TRA AT 2:00 PM BUTROVICH 205                                                                           
03/20/08       (S)       -- MEETING CANCELED --                                                                                 
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CLIFF STONE                                                                                                                     
Staff to Representative Peggy Wilson                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Commented on SB 298 for the sponsor of                                                                    
companion legislation, Representative Peggy Wilson.                                                                             
                                                                                                                                
MAY SIROKEY, Special Assistant to the Commissioner                                                                              
Department of Transportation and Public Facilities (DOTPF)                                                                      
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported CSSB 298(TRA).                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR ALBERT  KOOKESH called  the Senate  Transportation Standing                                                             
Committee meeting to order at 2:11:27  PM. Present at the call to                                                             
order  were Senators  Cowdery, Wilken,  Olson, Wielechowski,  and                                                               
Kookesh.                                                                                                                        
                                                                                                                                
         SB 298-MARINE TRANSPORTATION: BOARD & DIVISION                                                                     
                                                                                                                                
2:12:12 PM                                                                                                                    
CHAIR ALBERT KOOKESH announced consideration of SB 298.                                                                         
                                                                                                                                
SENATOR COWDERY moved to adopt  the proposed committee substitute                                                               
to CSSB  298 (  ), labeled 25-LSI556,  Version C,  for discussion                                                               
purposes.  There being no objection, the motion carried.                                                                        
                                                                                                                                
CLIFF STONE,  staff to Representative  Peggy Wilson, said  SB 298                                                               
is  an identical  copy of  Representative Wilson's  HB 294  as it                                                               
passed  out of  the House  Transportation Committee.  He said  it                                                               
puts the  Marine Transportation Advisory Board  (MTAB) in statute                                                               
and adopts conforming language.                                                                                                 
                                                                                                                                
The first  page instructs the DOTPF  to consult with the  MTAB in                                                               
preparing its  long-range comprehensive  plan which  is currently                                                               
in statute. The  current MTAB was established by  the governor in                                                               
Administrative  Order 233;  those  orders are  typically for  one                                                               
year and  the governor will have  to reauthorize it again  in May                                                               
of this year.                                                                                                                   
                                                                                                                                
MR.  STONE explained  that the  board is  similar to  the current                                                               
MTAB and subsection  (6)(b) says that members have  to consist of                                                               
at least  one resident  of the Ketchikan  Gateway Borough  and at                                                               
least two members who are  residents of areas not directly served                                                               
by the  Alaska Marine  Highway System  (AMHS). The  sponsors felt                                                               
that was  a really good compromise  as folks from other  areas in                                                               
Alaska would bring more ideas to  the table and that would foster                                                               
more  of an  ownership feeling  to the  system. The  members will                                                               
serve  staggered   three-year  terms  and   boilerplate  language                                                               
indicates  per   diem  and  meetings.  The   powers,  duties  and                                                               
functions elicited  much debate  and common  ground was  found in                                                               
this language. It reads:                                                                                                        
                                                                                                                                
     After  the commissioner  of  Transportation and  Public                                                                    
     Facilities has  considered one  or more  candidates for                                                                    
     the  position of  director or  deputy  director of  the                                                                    
     Alaska  Marine Highway  System, the  commissioner shall                                                                    
     confer  with  the  board regarding  that  candidate  or                                                                    
     those candidates  before making an appointment  to that                                                                    
     position.                                                                                                                  
                                                                                                                                
MR.  STONE  explained that  currently  a  deputy director  is  in                                                               
charge of the  AMHS, but in the  past it has been  a director and                                                               
further in the past they could  have also referred to that person                                                               
as  deputy   commissioner.  That  is  why   "director  or  deputy                                                               
commissioner" was inserted.                                                                                                     
                                                                                                                                
2:18:03 PM                                                                                                                    
SENATOR COWDERY asked who decides  who the head of the commission                                                               
is.                                                                                                                             
                                                                                                                                
MR.  STONE  replied  the  governor   has  the  right  to  appoint                                                               
commissioners and  deputy commissioners, but typically  below the                                                               
rank  of  commissioner,  that  duty  will  be  delegated  to  the                                                               
commissioners. But boilerplate language  on page 4 says selection                                                               
of  those  candidates  shall  be   without  regard  to  political                                                               
affiliation.  Language   was  taken   from  ADF&G   statutes  and                                                               
incorporated into this advisory board  because they felt the more                                                               
advocates the AMHS had the  better. Under subsection (b), it says                                                               
the board  may establish  volunteer regional  advisory committees                                                               
and  their purpose  is to  provide recommendations  to the  board                                                               
regarding concerns  from the region whose  members constitute the                                                               
advisory committee.                                                                                                             
                                                                                                                                
He said  the board,  in conjunction with  the DOTPF,  will assist                                                               
and give  its views in preparing  a strategic plan that  lays out                                                               
the  mission, the  core value,  the  objectives, initiatives  and                                                               
performance  goals of  the AMHS.  Page  4 had  the definition  of                                                               
"board"  and laid  out the  initial appointment  of its  members.                                                               
This governor could  appoint members of the current  MTAB to this                                                               
new board if they  met the criteria as laid out  in the new board                                                               
composition.                                                                                                                    
                                                                                                                                
CHAIR  KOOKESH asked  if  the main  purpose of  this  bill is  to                                                               
address one item - to put the MTAB into statute.                                                                                
                                                                                                                                
2:22:18 PM                                                                                                                    
MR. STONE  replied that  is correct  and he  added that  this was                                                               
also done a couple of years  ago with the Aviation Advisory Board                                                               
under  the  Murkowski  administration. He  summarized  that  some                                                               
think this doesn't  go far enough and would like  to see a strong                                                               
authority outside  the auspices of  DOTPF, but he said,  "I don't                                                               
think we're  there yet."  This bill calls  for the  department to                                                               
consult with  the advisory board  on different issues  that truly                                                               
in the administrative order they don't have to.                                                                                 
                                                                                                                                
CHAIR   KOOKESH  asked   if  the   current  MTAB   is  under   an                                                               
administrative order.                                                                                                           
                                                                                                                                
MR. STONE replied that is correct.                                                                                              
                                                                                                                                
2:23:07 PM                                                                                                                    
MAY SIROKEY,  Special Assistant  to the  Commissioner, Department                                                               
of Transportation and  Public Facilities (DOTPF), said  this is a                                                               
much better  bill. In particular,  it broadens the  membership so                                                               
that  there are  members from  areas  outside of  those that  are                                                               
traditionally served  or have ports  that are served by  the MHS.                                                               
She  firmly believed  that the  municipalities  of Anchorage  and                                                               
Fairbanks  are served  by  AMHS and  she  believed CSSB  298(TRA)                                                               
would  allow  greater  statewide participation  in  the  process.                                                               
Based  on this  CS  she said  the department  would  have a  zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
2:24:18 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if the members have per diem.                                                                        
                                                                                                                                
MS. SIROKEY replied  yes; the department already has  the MTAB as                                                               
it  exists  now  in  its  budget. They  didn't  feel  the  slight                                                               
increased cost for two more members warranted a fiscal note.                                                                    
                                                                                                                                
2:25:05 PM                                                                                                                    
CHAIR KOOKESH found no more questions.                                                                                          
                                                                                                                                
SENATOR OLSON moved  to report CSSB 298(TRA)  from committee with                                                               
individual recommendations  and accompanying fiscal  notes. There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
CHAIR KOOKESH adjourned the meeting at 2:25:47 PM.                                                                            
                                                                                                                                
                                                                                                                                

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