JOINT HOUSE AND SENATE TRANSPORTATION STANDING COMMITTEES March 11, 1998 1:11 p.m. HOUSE MEMBERS PRESENT Representative William K. (Bill) Williams, Chairman Representative Beverly Masek, Vice Chair Representative John Cowdery Representative Bill Hudson Representative Jerry Sanders Representative Kim Elton Representative Albert Kookesh HOUSE MEMBERS ABSENT All members present SENATE MEMBERS PRESENT Senator Jerry Ward, Chairman Senator Gary Wilken, Vice Chairman Senator Dave Donley Senator Georgianna Lincoln SENATE MEMBERS ABSENT Senator Rick Halford Senator Lyda Green COMMITTEE CALENDAR PRESENTATION: PORT OF TACOMA [This portion of the meeting was Joint with the Senate Transportation Committee] CS FOR SENATE BILL 259(TRA) AM "An Act relating to the membership of a metropolitan highway planning organization." - MOVED CSSB 259(TRA) AM OUT OF COMMITTEE HOUSE BILL 227 "An Act relating to the Alaska Capital Improvement Project Authority; relating to the powers and duties of the Department of Transportation and Public Facilities; and providing for an effective date." - MOVED CSHB 227(TRA) OUT OF COMMITTEE * HOUSE BILL 291 "An Act requiring certain motor vehicles to yield to following traffic." - MOVED CSHB 291(TRA) OUT OF COMMITTEE PRESENTATION: PORT OF BELLINGHAM [This portion of the meeting was Joint with the Senate Transportation Committee] (* First public hearing) PREVIOUS ACTION BILL: SB 259 SHORT TITLE: METROPOLITAN PLANNING AUTHORITY SPONSOR(S): TRANSPORTATION Jrn-Date Jrn-Page Action 1/26/98 2300 (S) READ THE FIRST TIME - REFERRAL(S) 1/26/98 2300 (S) TRANSPORTATION 2/20/98 2591 (S) TRA RPT CS 4DP 1NR NEW TITLE 2/20/98 2591 (S) DP: WARD, LINCOLN, HALFORD, GREEN 2/20/98 2591 (S) NR: WILKEN 2/20/98 2591 (S) ZERO FISCAL NOTE TO SB & CS (DOT) 2/24/98 2630 (S) RULES TO CALENDAR 2/24/98 2/24/98 2632 (S) READ THE SECOND TIME 2/24/98 2632 (S) TRA CS ADOPTED UNAN CONSENT 2/24/98 2632 (S) AM NO 1 ADOPTED UNAN CONSENT 2/24/98 2632 (S) ADVANCED TO THIRD READING UNAN CONSENT 2/24/98 2632 (S) READ THE THIRD TIME CSSB 259(TRA) AM 2/24/98 2633 (S) PASSED Y20 N- 2/24/98 2637 (S) TRANSMITTED TO (H) 2/25/98 2418 (H) READ THE FIRST TIME - REFERRAL(S) 2/25/98 2418 (H) TRANSPORTATION 3/11/98 2618 (H) TRA AT 1:00 PM FAHRENKAMP RM 203 BILL: HB 227 SHORT TITLE: CAPITAL IMPROVEMENT PROJECT AUTHORITY SPONSOR(S): REPRESENTATIVES(S) PHILLIPS, Cowdery Jrn-Date Jrn-Page Action 4/03/97 923 (H) READ THE FIRST TIME - REFERRAL(S) 4/03/97 923 (H) TRANSPORTATION 4/21/97 (H) TRA AT 1:45 PM CAPITOL 17 4/21/97 (H) MINUTE(TRA) 2/09/98 (H) TRA AT 1:00 PM CAPITOL 17 2/09/98 (H) MINUTE(TRA) 2/25/98 (H) MINUTE(TRA) 3/02/98 (H) TRA AT 1:00 PM CAPITOL 17 3/02/98 (H) MINUTE(TRA) 3/09/98 (H) TRA AT 1:00 PM CAPITOL 17 3/09/98 (H) MINUTE(TRA) 3/09/98 2574 (H) FIN REFERRAL ADDED 3/11/98 (H) TRA AT 1:00 PM FAHRENKAMP RM 203 BILL: HB 291 SHORT TITLE: SLOW VEHICLES MUST PULL OVER SPONSOR(S): REPRESENTATIVES(S) HODGINS Jrn-Date Jrn-Page Action 1/12/98 2020 (H) PREFILE RELEASED 1/2/98 1/12/98 2020 (H) READ THE FIRST TIME - REFERRAL(S) 1/12/98 2021 (H) TRANSPORTATION, JUDICIARY 3/02/98 (H) TRA AT 1:00 PM CAPITOL 17 3/11/98 (H) TRA AT 1:00 PM FAHRENKAMP RM 203 WITNESS REGISTER RICHARD MARZANO, President Port of Tacoma (Address not provided) Telephone: (Not provided) POSITION STATEMENT: Presented an overview of the Port of Tacoma. CLARE PETRICH, Commissioner Port of Tacoma (Address not provided) Telephone: (Not provided) POSITION STATEMENT: Participated in the overview of the Port of Tacoma. ANDREA RINIKER, Executive Director Port of Tacoma (Address not provided) Telephone: (Not provided) POSITION STATEMENT: Participated in the overview of the Port of Tacoma. ROBERT DeWALD, Senior Director Industrial Development and Real Estate Port of Tacoma (Address not provided) Telephone: (Not provided) POSITION STATEMENT: Participated in the overview of the Port of Tacoma. DAVE DONLEY, Senator Alaska State Legislature Capitol Building, Room 508 Juneau, Alaska 99801 Telephone: (907) 465-3892 POSITION STATEMENT: Provided information on SB 259. MITCHELL GRAVO, Lobbyist Municipality of Anchorage 170 Botanical Circle Anchorage, Alaska 99515 Telephone: (907)2244-2884 POSITION STATEMENT: Testified on behalf of the Municipality of Anchorage. TOM BRIGHAM, Director Division of Statewide Planning Department of Transportation and Public Facilities 3132 Channel Drive Juneau, Alaska 99801 Telephone: (907) 465-4070 POSITION STATEMENT: Testified in opposition to SB 259. MARCO PIGNALBERI, Legislative Assistant to Representative Cowdery Alaska State Legislature Capitol Building, Room 416 Juneau, Alaska 99801 Telephone: (907) 465-3879 POSITION STATEMENT: Provided information on HB 227. PETER ECKLUND, Legislative Assistant to Chairman Williams Alaska State Legislature Capitol Building, Room 424 Juneau, Alaska 99801 Telephone: (907) 465-3424 POSITION STATEMENT: Provided information on HB 227. TOM MANNINEN, Legislative Administrative Assistant to Representative Hodgins Alaska State Legislature Capitol Building, Room 110 Juneau, Alaska 99801 Telephone: (907) 465-4853 POSITION STATEMENT: Testified on behalf of Representative Hodgins, sponsor of HB 291. SCOTT WALKER, Commissioner Port of Bellingham (Address not provided) Telephone: (Not provided) POSITION STATEMENT: Participated in the overview of the Port of Bellingham. JIM DARLING, Executive Director Port of Bellingham (Address not provided) Telephone: (Not provided) POSITION STATEMENT: Participated in the overview of the Port of Bellingham. DEL PEARSON, Marketing Director Port of Bellingham (Address not provided) Telephone: (Not provided) POSITION STATEMENT: Participated in the overview of the Port of Bellingham. PAM LaBOLLE, President Alaska State Chamber of Commerce 217 Second Street, Suite 201 Juneau, Alaska 99801 Telephone: (907) 586-2323 POSITION STATEMENT: Commented on the Alaska State Chamber's annual trip. ACTION NARRATIVE TAPE 98-13, SIDE A Number 0001 CHAIRMAN JERRY WARD called the Joint House and Senate Transportation Standing Committee meeting to order at 1:11 p.m. Members present at the call to order were Representatives Williams, Masek, Hudson, Sanders, and Elton. Representative Cowdery and Kookesh arrived as the meeting was in progress. Senate members present at the call to order were Senators Ward, Wilken and Lincoln. CHAIRMAN WARD announced the meeting would be chaired jointly by himself and Representative Williams. PRESENTATION: PORT OF TACOMA [This portion of the meeting was Joint with the Senate Transportation Committee] NOTE: The meeting was recorded. A copy of the tape(s) may be obtained by contacting the House Records Office at 130 Seward Street, Suite 211, Juneau, Alaska 99801-1182, (907) 465-2214, and after adjournment of the second session of the Twentieth Alaska State Legislature, in the Legislative Reference Library. SUMMARY OF INFORMATION Number 0125 RICHARD MARZANO, President, Port of Tacoma, presented an overview of the Port of Tacoma by showing slides. He discussed the importance of Alaska to the Port of Tacoma. Number 1092 CLARE PETRICH, Commissioner, Port of Tacoma, participated in the overview of the Port of Tacoma. She explained the similarities of the Port of Tacoma, Alaska and the economy. Number 1426 ANDREA RINIKER, Executive Director, Port of Tacoma, participated in the overview of the Port of Tacoma. She also discussed the competition aspects of the Port of Tacoma. Number 1690 ROBERT DeWALD, Senior Director, Industrial Development and Real Estate, Port of Tacoma, participated in the overview of the Port of Tacoma. He discussed longshoreman and port costs. CSSB 259(TRA) AM - METROPOLITAN PLANNING AUTHORITY [This portion of the meeting was with the House Transportation Committee members only]. Number 1850 CHAIRMAN BILL WILLIAMS announced the committee would address CSSB 259(TRA) AM, "An Act relating to the membership of a metropolitan highway planning organization," sponsored by the Senate Transportation Committee. Number 1905 SENATOR DAVE DONLEY came before the commtitee. He explained the federal government requires that cities over 50 thousand have a metropolitan planning organization in place to be able to utilize federal funds for programs in their cities. There are additional federal planning requirements when a metropolitan area is over 200 thousand. He pointed out this bill would set out in state statute how such a committee would be organized in Alaska. The one that is organized is the Anchorage Metropolitan Area Transportation Study (AMATS). Senator Donley said it's organized by an operating agreement between the governor and the mayor. The governor would have two appointments and the mayor would have himself and two appointments which have been two assembly members. The only elected officials, representing the City of Anchorage, that aren't included on that committee are legislators. Number 1947 SENATOR DONLEY said the Anchorage Caucus, the 26 legislators that represent some portion of Anchorage, set this is a priority that there be legislative involvement in that planning process and recommended SB 259, which is sponsored by the Senate Transportation Committee. He mentioned it passed the Senate unanimously [February 24, 1998]. Senator Donley explained that it would set out that the committee would exist of six members instead of five members and would say that the governor would appoint one member, one member would be from the House of Representatives chosen by the members from that area and one member from the Senate chosen by the members from that area. Number 1985 SENATOR DONLEY referred to a letter from the Federal Highway Administration (FHA) [January 30, 1998] saying that this would not endanger our federal funds in any way, although they're not expressing an opinion, there's nothing in federal law that requires it to be constructed the way it currently is. Number 2041 MITCHELL GRAVO, Lobbyist, Municipality of Anchorage, came before the committee. He informed the committee that there has been some discussion with the [Anchorage] Assembly and the mayor on this issue, and he believes Senator Donley also had further discussions with them about some potential changes that might make everyone happy on this issue. Mr. Gravo said the Anchorage members have a resolution and a letter from the assembly stating their position. There were some members who wanted to testify today but weren't able to because of the teleconference issue. He reiterated that they want to continue to work with Senator Donley to come up with a potential solution that makes both the legislature and the local government happy on this issue. REPRESENTATIVE BILL HUDSON asked what the next committee of referral is. CHAIRMAN WILLIAMS responded the House Rules Committee. Number 2108 TOM BRIGHAM, Director, Division of Statewide Planning, Department of Transportation and Public Facilities (DOT/PF), testified in opposition to SB 259. He said he assumes committee members have heard from the Municipality of Anchorage and stressed that DOT/PF is not in favor of the bill. Some reasons that are straightforward and obvious. It reduces the governor's appointees on AMATS from two to one. Secondly, at this point in time when Anchorage is being considered as a serious non-attainment area [of air quality standard with regard to carbon monoxide], it seems unwise to, in effect, take a Department of Environmental Conservation (DEC) representative off of AMATS. He indicated Fairbanks has just gone from moderate to serious non-attainment, there's talk of that happening to Anchorage. He indicated he frankly doesn't know the probability of that at this point in time, but Anchorage is still being considered classified in the non-attainment status. Mr. Brigham said, "Our sense it's's probably unwise to eject, in effect, DEC from AMATS if that's the case." Number 2167 REPRESENTATIVE KIM ELTON stated that apparently the members of the Anchorage Caucus have heard Anchorage's position. Maybe someone can tell him what the municipality's position is at this point in time. Number 2181 SENATOR DONLEY replied the Anchorage Caucus, assembly and mayor had a series of meetings. The original proposal was just to add two legislators. They felt that would skew the balance of power in favor of the state because you would have four state members and three local members. He said the proposal was then modified so there would be a balance, deleting the one governor position so that it would be three and three. He said in his latest conversion with the assembly, they'd like to see it a four to three. He indicated he's been talking to Senator Ward and would like to get the chairman of the Transportation Committee involved in that discussion also. SENATOR DONLEY concluded, "I think they're [Anchorage Assembly] opposed to it the way it is now, but I think there's an opportunity to do another step here which, hopefully, we'd do before the Rules Committee proposal to have a balance appear like that with Senator Ward's cooperation on that. Additionally, I'd point out that one of the Anchorage positions is a representative to Southcentral Clean Air Coalition or that provision, so there is currently a designated spot also, as far as air quality concerns, also on the existing AMATS. Obviously, DEC has a roll in that too." Number 2237 REPRESENTATION JOHN COWDERY made a motion to move CSSB 259 (TRA) out of committee with individual recommendations and with the attached zero fiscal note. There being no objection, CSSB 259 (TRA) moved out of the House Transportation Standing Committee. HB 227 - CAPITAL IMPROVEMENT PROJECT AUTHORITY Number 2267 CHAIRMAN WILLIAMS announced the next order of business would be HB 227, "An Act relating to the Alaska Capital Improvement Project Authority; relating to the powers and duties of the Department of Transportation and Public Facilities; and providing for an effective date," sponsored by Representative Phillips. Number 2271 REPRESENTATIVE BEVERLY MASEK made a motion to adopt proposed Amendment 1, amending Version LS0789\F, Utermohle, page 14, lines 13 and 14, to read: provide information requested by the Alaska Capital Improvement Project Authority. CHAIRMAN WILLIAMS objected for the purpose of discussion. REPRESENTATIVE MASEK said she understands there is a new committee substitute before them. She referred to page 14, lines 16 and 17 in the new version, CSHB 227(TRA), LS0789\H, Utermohle, 3/6/98, and said the conceptual amendment would delete "assistance, information, staff, and other support." Number 2394 MARCO PIGNALBERI, Legislative Assistant to Representative Cowdery, Alaska State Legislature, came before the committee to provide information on HB 227. CHAIRMAN WILLIAMS asked for a motion to adopt the proposed CSHB 227(TRA). REPRESENTATIVE MASEK made a motion to adopt proposed CSHB 227(TRA), LS0789\H, Utermohle, 3/6/98, and conceptual Amendment 1. There being no objection, CSHB 227(TRA) and Amendment 1 were adopted. MR. PIGNALBERI indicated his reading of the amendment is that the DOT/PF would not be able to provide assistance and staff to the authority. He asked it that's the intent. REPRESENTATIVE MASEK reiterated it just strikes out "assistance, information, staff, and other support" and would be replaced with. "provide information requested by the Alaska Capital Improvement Project Authority." Number 2454 REPRESENTATIVE COWDERY remarked we discussed that we didn't want to add or take away from staff. TAPE 98-13, SIDE B Number 0030 REPRESENTATIVE MASEK replied, "It just asks that the Alaska Capital Improvement Project Authority provide the information and how they do it, I don't know. I believe this does not have to be there - the assistance, information, staff, and other support." MR. PIGNALBERI indicated the way he would view the impact of this, and he is seeking concurrence with the sponsor of the amendment in his understanding, is that because the statewide planning group from DOT/PF, Headquarters, would be, in effect, transferred over to the authority, that will provide the staff function. He stressed that he wanted to make sure that the amendment isn't meant to gut that arrangement because then the authority would be left with absolutely no staff. Otherwise, if that's not the intent, if it is the intent to allow the Headquarters Planning group to move over to the authority, then he doesn't think there is a problem with the amendment. REPRESENTATIVE MASEK noted DOT/PF would provide the information requested by the authority, it has nothing to do with deleting or adding staff. Number 0102 REPRESENTATIVE ELTON said he supports the amendment. He stated he believes the amendment prevents the bifurcation of staff accountability. If it is left in, it would seem that the authority has as much control over DOT/PF staff as the commissioners office does. He doesn't read it as prohibiting what some may want to accomplish, but reads it as prohibiting the authority from directing any other DOT/PF staff to accomplish authority business rather than departmental business. REPRESENTATIVE MASEK said she agrees with Representative Elton. REPRESENTATIVE HUDSON said he agrees as well. It eliminates the legislature, through this bill, directing the department to provide staff. They're still going to provide the information that is requested, and he's sure they'll continue to be of assistance because it has to work that way. It will not be, as his colleague said, bifurcation of responsibilities. It will delineate that the two are separate but they work together. Representative Hudson stated he doesn't have anything to do with Mr. Pignalberi's question of staff. REPRESENTATIVE COWDERY remarked at this time he wouldn't object to this amendment. Number 0188 CHAIRMAN WILLIAMS stated there being no objection, Amendment 1 was adopted. Number 0198 REPRESENTATIVE ELTON made a motion to move proposed Amendment 2, amending CSHB 227, Version LS0789\H, Utermohle, 3/6/98: Page 4, line 25 after "hire" Delete: "the minimum of staff, including a director," Insert: "only a director and secretarial staff" Page 4, line 29, after "AS 37.07." add a new sentence to read: "The legislature shall appropriate money from the general fund sufficient to provide the authority with funds to pay the authority's salaries, per diem, travel, hearings, and administrative costs." Number 0237 REPRESENTATIVE ELTON pointed out this gets to the issue that Mr. Pignalberi spoke to just a moment ago, and the purpose of the amendment is to ensure that we're not setting up competing bureaucracies. If we are going to enter into this new arena of creating a separate line of authority for some of the DOT/PF Capital Projects, that he thinks what we don't want is to establish competing bureaucracies. What we want to do is we want to ensure that we take a small step rather than a big step and determine what is needed. The net effect of this amendment is that, to begin with, the authority will be staffed by a director and the appropriate secretarial staff. REPRESENTATIVE ELTON said to further ensure that the legislature doesn't completely give up control, by adding to line 29 a simple statement that, "The legislature shall appropriate money from the general fund sufficient to provide the authority with funds to pay the authority's salaries, per diem, travel, hearings, and administrative costs." He stressed that's important because we don't want to be taking money from existing operations and existing agencies within the department to support something. We want to make sure that the legislature, when they create something, is willing to spend the money necessary to do that without taking the money away from somebody else. Number 0299 MR. PIGNALBERI indicated he sees a serious problem with this amendment. He spoke on the second half of the amendment on page 4, line 29, having to do with the funding. The problem with this language is that it tends to bind future legislatures and really the authority, under the current scenario, would have to come forward for funding just like any other agency or department. He thinks that's the way the legislature would want to keep it. Secondly, the language really prevents the alternative funding sources, if the authority staff (if you would accept the first half of the amendment), could be funded by federal highway funds, or program receipts, or any other fund. This would prevent it because it so narrowly defined. MR. PIGNALBERI concluded, as to the first half of the amendment, on line 25, requiring that the authority hire only a director and secretarial staff. It may be that the DOT/PF even would wish for a planner or a planning engineer to be part of the authority's staff. That's the kind of thing that should be allowed to develop as the relationship between the authority and the department evolves, and this takes that opportunity away. Number 0356 REPRESENTATIVE ELTON stated he appreciates the concerns that we might be able to use federal dollars for part of the operation, but he would suggest that we can use those federal dollars in other ways also. We don't need to use those federal dollars to support a bureaucracy. What we need to do is use federal dollars to build roads or improve harbors. REPRESENTATIVE ELTON said the other thing that he would note, as to the first part of the amendment, is this induces cooperation, this essentially means that the authority and the department are going to have to cooperate to get the job done. Representative Elton said he believes anything that we can do to induce cooperation is good. MR. PIGNALBERI said, "I would only say that it has the effect of killing the 'baby in the manger.' If we're undertaking a new organization within state government, we want it to have the flexibility to evolve in the most constructive and positive way it can to do its job and by placing these kinds of limitations on it, before it's born, will not allow it to grow and develop." Number 0402 REPRESENTATIVE HUDSON indicated he is hesitant to sign onto something in the statutes that essentially dictates that they can only have a director and secretarial staff because he's pretty convinced that this operation is going to have to go through the Executive Budget Act, which means that probably it will have to have some sort of an administrative assistant, probably an administrative officer III at least, or I or II, in order to get the job done. Secretaries, by their normal description, don't have that kind of a background, and the director he thinks probably, while you can hire someone with that kind of background -- there's going to be some travel, there's going to be some additional expenses. With that in mind, he is not inclined to support the amendment. Number 0446 REPRESENTATIVE MASEK spoke in support of Amendment 2. She said Representative Elton made some good points because, even if this bill were to go out in a fashion, it's still going to require travel and other costs are going to occur. Representative Masek reiterated even if this amendment isn't adopted, there's still going to be those costs occurring. REPRESENTATIVE COWDERY asked for a vote on the amendment because he has to catch a flight in 30 minutes. REPRESENTATIVE ELTON responded he would consider a friendly amendment if it's offered. But secondly, as to the comment about the "baby in the manger," which made him shiver a little bit, he believes what they are trying to do here is to make sure the baby can walk before we make it run. Number 0496 CHAIRMAN WILLIAMS asked for a roll call vote on Amendment 2. REPRESENTATIVE HUDSON asked if they could split the question. He said if you took line 25 and left the minimum staff including the director, he would feel comfortable with that. But then leave the second part of that as the second part of the question which would beg the question of whether or not we should require that the legislature, if they want to do this, put the money in the budget. Number 0524 CHAIRMAN WILLIAMS asked if there was an objection to dividing the amendment. There being no objection, Chairman Williams explained page 4, line 25, will be referred to as Amendment 2B which adds a new sentence, the lower half of the amendment. REPRESENTATIVE ELTON asked for clarification. He asked if the amendment on page 4, line 29 is Amendment 2, and the amendment to page 4, line 25 is 2B. CHAIRMAN WILLIAMS replied page 4, line 29 is Amendment 2B. REPRESENTATIVE MASEK asked for clarification of the top section of the amendment. CHAIRMAN WILLIAMS replied Amendment 2A. He asked if there was an objection to Amendment 2A. REPRESENTATIVE COWDERY objected. CHAIRMAN WILLIAMS asked for a roll call vote on Amendment 2. Representatives Elton and Masek voted in support of the amendment. Representatives Hudson, Sanders, Cowdery and Williams voted against it. Therefore, Amendment 2 failed by a vote of 2 to 4. Number 0600 CHAIRMAN WILLIAMS asked if there was an objection to adopting Amendment 2B. There being none, Amendment 2B was unanimously adopted. CHAIRMAN WILLIAMS announced CSHB 227(TRA), Version H, as amended, was before the committee. Number 0617 REPRESENTATIVE MASEK stated, for the record, when this bill moves to another committee that the fiscal note from DOT/PF be included in the new Version H. CHAIRMAN WILLIAMS replied the fiscal note was adopted at the last meeting. REPRESENTATIVE MASEK asked if there is going to be DOT/PF fiscal note attached to the bill when it goes to the Finance Committee. CHAIRMAN WILLIAMS replied no, this is a [House] Transportation Committee fiscal note. REPRESENTATIVE MASEK stated she feels it's important that DOT/PF submit a fiscal note. She asked if there is any way they can get one attached to the bill when it gets to the [House] Finance Committee. Number 0669 PETER ECKLUND, Legislative Assistant to Chairman Williams, Alaska State Legislature, explained DOT/PF's fiscal note assumed that the authority was going to hire certain people at certain pay range levels. There's nothing in the bill that says the authority "shall hire any staff," it just says "may." So DOT/PF's fiscal note is just perspective or it's speculation. In the future, if the authority does want to hire staff, they'll have to go through the legislative process like any other state department. Number 0697 REPRESENTATIVE HUDSON said he would like to see whatever fiscal note that proceeds to the Finance Committee carry intent language. He read the House Transportation Committee's Letter of Intent: "No funds in this fiscal note shall be expended for the transfer of positions out of Juneau. Positions allocated to this authority are to remain in current offices or close proximity to the current headquarters to provide maximum interaction with other DOT/PF headquarter functions." REPRESENTATIVE HUDSON stated, "My concern, Mr. Chairman, is that if we don't have some criteria you could end up pulling a whole transportation planning section off into totally new offices and we're running into their inability to work with the operations of planning the design and construction and I don't think that's the intentions." He made a motion to adopt the letter of intent and attach it to the fiscal note. REPRESENTATIVE ELTON objected for the purpose of discussion. He said he would like to know what the effect of this is, this carries no effect of law, this is just a notation on a fiscal note that was not prepared by DOT/PF. He asked if that is correct. Number 0765 CHAIRMAN WILLIAMS stated it is the intent of the committee to move the letter of intent. He said, "We don't think that this portion of the Administration is going to move out of Juneau, or move anywhere." He asked if there was an objection to the adoption of the letter of intent. There being none, the letter of intent was adopted. Number 0788 REPRESENTATIVE COWDERY made a motion to move HB 227, Version H, dated 3/6/98, as amended, out of committee with individual recommendations, attached fiscal notes and with the letter of intent. Number 0817 REPRESENTATIVE MASEK objected. She said, "With this bill here, and all the process it's run through in the Transportation Committee, Mr. Chairman, I was hoping that it would be amended and as it moves through the committee process, I'm hoping that Finance will take a look at some of the issues that were brought up in this committee based on a lot of issues that I brought up and concerning the fiscal note with DOT/PF, and I'm hoping that will surface somewhere. And I understand the intent of the sponsor and the committee in trying to move this forward. I'm just hoping that it will get some more good testimony and more changes to it as it moves along." Number 0860 CHAIRMAN WILLIAMS asked for a roll call vote on HB 227. Representatives Sanders, Cowdery, Masek, Hudson and Williams voted in support of moving the legislation. Representative Elton voted against moving the legislation. Therefore, CSHB 227(TRA) moved from the House Transportation Standing Committee. HB 291 - SLOW VEHICLES MUST PULL OVER Number 0906 CHAIRMAN WILLIAMS announced the next order of business would be HB 291, "An Act requiring certain motor vehicles to yield to following traffic," sponsored by Representative Hodgins. Number 0916 TOM MANNINEN, Legislative Administrative Assistant to Representative Hodgins, Alaska State Legislature, explained the bill would require certain motor vehicles to yield to following traffic. He said they call it the "Winnebago Law II." He indicated Representative Hodgins agrees with a proposed amendment which changes the language from "single" to "double" lane and would add a minimum fine of $100 for the infraction. MR. MANNINEN read the following sponsor statement. "Basically, it would require persons operating a motor vehicle to pull over at the first safe opportunity when there is 100 feet or more of visible open-lane whenever there are five or more vehicles immediately following the vehicle. And the violation would be punishable, according to this, a fine not to exceed $100." He noted the proposed amendment would make it a minimum of $100. Number 1028 REPRESENTATIVE HUDSON made a motion to move HB 291, as amended, out of committee. CHAIRMAN WILLIAMS noted the amendment hasn't been added to the bill. He indicated they need to move Amendment 1. REPRESENTATIVE HUDSON said, "I'll amend it just to adopt HB 291 for discussion purposes." CHAIRMAN WILLIAMS stated, "There being no objection, so ordered." REPRESENTATIVE MASEK asked the chairman if he made a motion to adopt Amendment 1. REPRESENTATIVE HUDSON replied, "I didn't, I want a little discussion on it." CHAIRMAN WILLIAMS asked that the amendment be moved. Number 1100 REPRESENTATIVE MASEK made a motion to move Amendment 1 for the purpose of discussion. CHAIRMAN WILLIAMS reiterated, "Motion to move for discussion." He asked Mr. Manninen to state his name for the record. MR. MANNINEN introduced himself again. Number 1115 REPRESENTATIVE HUDSON stated the amendment makes it much more difficult because it's difficult to see when you have a five-car stack up. He asked for an explanation as to why it is moved up to two lane highways and a higher level of penalty. MR. MANNINEN stated the basic reason for that is that the current penalty provides for a penalty of up to $300, and that is set by the supreme court. The minimums that have been assessed during the past year were $50. Representative Hodgins feels strongly that the minimum should go up to $100. The first change is due to an error as it should have been double-lane. Number 1212 REPRESENTATIVE MASEK moved and asked unanimous consent to move HB 291, as amended, out of committee with individual recommendations and with the attached zero fiscal notes. There being no objection, CSHB 291(TRA), moved from the House Transportation Standing Committee. PRESENTATION: PORT OF BELLINGHAM [This portion of the meeting was Joint with the Senate Transportation Committee] NOTE: The meeting was recorded. A copy of the tape(s) may be obtained by contacting the House Records Office at 130 Seward Street, Suite 211, Juneau, Alaska 99801-1182, (907) 465-2214, and after adjournment of the second session of the Twentieth Alaska State Legislature, in the Legislative Reference Library. SUMMARY OF INFORMATION Number 1243 SCOTT WALKER, Commissioner, Port of Bellingham, discussed issues relating to the Port of Bellingham and the State of Alaska. He also introduced staff of the Port of Bellingham. Number 1450 JIM DARLING, Executive Director, Port of Bellingham, gave an overview of the Port of Bellingham explaining the current functions and anticipated functions of the Port of Bellingham. He also discussed the Alaska Marine Highway System and Amtrack. Number 2066 DEL PEARSON, Marketing Director, Port of Bellingham, participated in the Port of Bellingham presentation. Number 2258 PAM LaBOLLE, President, Alaska State Chamber of Commerce, discussed the Alaska State Chamber of Commerce's annual trip to visit the Port of Bellingham and the Port of Tacoma. ADJOURNMENT Number 2376 CHAIRMAN WARD adjourned the Joint House and Senate Transportation Standing Committee meeting at 2:45 p.m.