SENATE BILL NO. 135                                                                                                            
                                                                                                                                
"An Act relating to the membership of a metropolitan                                                                            
highway planning organization."                                                                                                 
                                                                                                                                
                                                                                                                                
Senator Donley said the bill was sponsored by the                                                                               
Transportation Committee.  He explained the reduction to                                                                        
the appointees by the Governor to one.                                                                                          
                                                                                                                                
Also added was a deadline for AMATS to report to the                                                                            
Legislature.  Last year they reported too late, after the                                                                       
capital budget was put out.                                                                                                     
                                                                                                                                
Senator Donley MOVED CSSB 135() "H".  Senator Adams                                                                             
OBJECTED.  He stated for the record that he would like to                                                                       
see someone from the Department of Environmental                                                                                
Conservation to be part of the voting block.  Senator Adams                                                                     
REMOVED his objection.  WITHOUT OBJECTION CSSB 135() "H"                                                                        
was adopted as the working draft before the committee.                                                                          
                                                                                                                                
DENNIS POSHARD, Department of Transportation and Public                                                                         
Facilities was invited to join the committee.  He explained                                                                     
that the Department of Environmental Conservation signed an                                                                     
agreement.  The Department of Transportation and Public                                                                         
Facilities was unclear as to what the bill was trying to                                                                        
solve.                                                                                                                          
                                                                                                                                
Senator Phillips asked Mr. Poshard if he lived in Juneau or                                                                     
not.  He said he did not feel this situation was working                                                                        
out.  The Department of Transportation did not want to                                                                          
release any control of the process.  He said he was going                                                                       
to send a schedule of the AMATS meetings and ask him to                                                                         
attend.  His biggest concern was that individuals were                                                                          
taking time off from work and meetings were then being                                                                          
cancelled.  Perhaps the structure should be looked at and                                                                       
fixed.  Senator Donley said he was trying to correct this                                                                       
matter.  Policy meetings go on forever and then no decision                                                                     
was made.                                                                                                                       
                                                                                                                                
Co-chair Torgerson said he would entertain a motion to                                                                          
change the fiscal note for the Department of Environmental                                                                      
Conservation to zero.  Senator Donley so MOVED.                                                                                 
                                                                                                                                
BILL CUMMINGS, Assistant Attorney General, Transportation                                                                       
Section, Civil Division, Department of Law was invited to                                                                       
join the committee.                                                                                                             
                                                                                                                                
Senator Donley MOVED to adopt a Senate Finance Committee                                                                        
fiscal note in place of the Department of Environmental                                                                         
Conservation one to zero.  WITHOUT OBJECTION it was                                                                             
ADOPTED.                                                                                                                        
                                                                                                                                
Mr. Cummings continued his testimony.   The Department of                                                                       
Law believes this legislation is unconstitutional.                                                                              
                                                                                                                                
Senator Leman commented briefly.  He suggested the                                                                              
Department of Law go back and research the matter.                                                                              
                                                                                                                                
Co-chair Torgerson refused response by Mr. Cummings.                                                                            
                                                                                                                                
Senator Green asked about Legislative appointees.  Perhaps                                                                      
they should be changed too.                                                                                                     
                                                                                                                                
Senator Donley MOVED CSSB 135(FIN) with accompanying fiscal                                                                     
note and new Senate Finance fiscal note in the amount of                                                                        
zero (for the Department of Environmental Conservation) and                                                                     
WITHOUT OBJECTION it was REPORTED OUT with individual                                                                           
recommendations and accompanying fiscal notes from the                                                                          
Department of Transportation and Public Facilities in the                                                                       
amount of zero and Senate Finance Committee fiscal note in                                                                      
the amount of zero for the Department of Environmental                                                                          
Conservation.                                                                                                                   
                                                                                                                                
Co-chair Torgerson called SB 139.