HB 155-AUTHORIZE ECONOMIC STIMULUS PARTICIPATION CHAIR WILSON announced that the final order of business would be HOUSE BILL NO. 155, "An Act relating to the authorization for the Department of Transportation and Public Facilities to participate in the American Recovery and Reinvestment Act of 2009; and providing for an effective date." MICHAEL BARNHILL, Senior Assistant Attorney General, Labor and State Affairs Section, Civil Division (Juneau), Department of Law (DOL), stated that HB 155 provides explicit authority for the Department of Transportation & Public Facilities (DOT&PF) to participate in program funding set forth by the federal economic stimulus bill that was passed by Congress last month. 2:06:05 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1, labeled 26-GH1056\A.1, which read [including some handwritten changes]: Page 2, line 19: Delete "and" Page 2, line 20, following "law,": Insert "and subject to appropriation," Page 2, line 19, following "any" Insert "other" REPRESENTATIVE JOHNSON objected for purposes of discussion. REPRESENTATIVE GRUENBERG referred to page 2, line 19, of HB 155. He explained that subsection (d) is the only provision of the bill which is legislation rather than legislative intent. 2:06:58 PM REPRESENTATIVE GRUENBERG explained that in the rest of the bill, the expenditure of the funds is subject to appropriation. He pointed out the reference to the term "appropriation" on page 1, line 12, and on page 2, lines 7 and 17, of HB 155. However, he noted that subsection (d) references participation but does not specifically use the term "appropriation." He expressed interest in having all aspects of the economic stimulus funding subject to appropriation. He noted that he added one grammatical change which he referred to as the handwritten portion of Amendment 1. CHAIR WILSON noted that if Amendment 1 was adopted, [subsection (d)] would read as follows: (d) Notwithstanding any other provision of state law, to the extent not already authorized by state law, and subject to appropriation, the Department of Transportation and Public Facilities is authorized to participate in the programs and funding enacted by Division A, Titles VI and XII, P.L. 111-5 (American Recovery and Reinvestment Act of 2009). MR. BARNHILL stated that he does not object to Amendment 1. REPRESENTATIVE JOHNSON removed his objection. There being no further objection, Amendment 1 was adopted. 2:09:01 PM REPRESENTATIVE JOHANSEN moved to report HB 155, as amended, out of committee with individual recommendations and the accompanying fiscal note. REPRESENTATIVE MUNOZ objected. She asked whether additional "resolution" would be required to address the stimulus contingent funds of secondary projects. MR. BARNHILL answered that additional contingent projects will be addressed in HB 154, the appropriations bill, so that other projects can be substituted in case some are not "shovel ready" or there are additional funds. 2:10:30 PM REPRESENTATIVE MUNOZ removed her objection. There being no further objection, CSHB 155(TRA) was reported from the House Transportation Standing Committee.