ALASKA STATE LEGISLATURE                                                                                  
            HOUSE TRANSPORTATION STANDING COMMITTEE                                                                           
                         March 18, 2010                                                                                         
                           1:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Peggy Wilson, Chair                                                                                              
Representative Kyle Johansen                                                                                                    
Representative Cathy Engstrom Munoz                                                                                             
Representative Tammie Wilson                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Pete Petersen                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Craig Johnson, Vice Chair                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 226                                                                                                              
"An  Act renaming  Seldon Road  and  that portion  of Bogard  Road                                                              
that extends between Palmer and Meadow Lakes, as Veterans' Way."                                                                
                                                                                                                                
     - MOVED CSHB 226(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 261                                                                                                              
"An  Act requiring  the Department  of  Transportation and  Public                                                              
Facilities  to  publish  on  the   department's  Internet  website                                                              
reports   regarding    contracts   awarded    for   transportation                                                              
projects."                                                                                                                      
                                                                                                                                
     - MOVED CSHB 261(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 262                                                                                                              
"An  Act establishing  the month  of May  as Motorcycle  Awareness                                                              
Month."                                                                                                                         
                                                                                                                                
     - MOVED CSHB 262(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 257                                                                                                              
"An Act  relating to  prohibiting the  use of cellular  telephones                                                              
when  driving a  motor  vehicle; and  providing  for an  effective                                                              
date."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 257(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 226                                                                                                                  
SHORT TITLE: NAMING VETERANS' WAY IN MAT-SU                                                                                     
SPONSOR(s): REPRESENTATIVE(s) KELLER                                                                                            
                                                                                                                                
04/10/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/10/09       (H)       TRA, FIN                                                                                               
03/18/10       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: HB 261                                                                                                                  
SHORT TITLE: TRANSPORTATION PROJECT DISCLOSURES                                                                                 
SPONSOR(s): REPRESENTATIVE(s) KELLER                                                                                            
                                                                                                                                
01/08/10       (H)       PREFILE RELEASED 1/8/10                                                                                
01/19/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/10       (H)       TRA, FIN                                                                                               
03/18/10       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: HB 262                                                                                                                  
SHORT TITLE: MOTORCYCLE/SCOOTER AWARENESS MONTH                                                                                 
SPONSOR(s): REPRESENTATIVE(s) KELLER, HERRON, PETERSEN, LYNN,                                                                   
SEATON                                                                                                                          
                                                                                                                                
01/08/10       (H)       PREFILE RELEASED 1/8/10                                                                                
01/19/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/10       (H)       TRA                                                                                                    
03/18/10       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: HB 257                                                                                                                  
SHORT TITLE: BAN CELL PHONE USE WHEN DRIVING                                                                                    
SPONSOR(s): REPRESENTATIVE(s) DOOGAN, BUCH                                                                                      
                                                                                                                                
01/08/10       (H)       PREFILE RELEASED 1/8/10                                                                                
01/19/10       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/10       (H)       TRA, JUD                                                                                               
01/25/10       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
02/16/10       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
02/16/10       (H)       Heard & Held                                                                                           
02/16/10       (H)       MINUTE(TRA)                                                                                            
02/23/10       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
02/23/10       (H)       Heard & Held                                                                                           
02/23/10       (H)       MINUTE(TRA)                                                                                            
03/16/10       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
03/16/10       (H)       Scheduled But Not Heard                                                                                
03/18/10       (H)       TRA AT 1:00 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE WES KELLER                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as prime sponsor of HB 226, HB                                                                 
261, and HB 262.                                                                                                                
                                                                                                                                
MARY SIROKY, Legislative Liaison                                                                                                
Office of the Commissioner                                                                                                      
Department of Transportation & Public Facilities (DOT&PF)                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and answered questions during the                                                              
discussion of HB 226, HB 261, and HB 262.                                                                                       
                                                                                                                                
DALLAS MASSIE                                                                                                                   
American Legion Post 35                                                                                                         
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 226.                                                                          
                                                                                                                                
ROBERT J. BRYANT                                                                                                                
Valley Veterans Council                                                                                                         
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified during the discussion of HB 226.                                                               
                                                                                                                                
NOEL WOODS                                                                                                                      
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the discussion of HB 226.                                                               
                                                                                                                                
JEAN WOODS                                                                                                                      
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the discussion of HB 226.                                                               
                                                                                                                                
YUKON DON TANNER                                                                                                                
Talkeetna, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the discussion of HB 226.                                                               
                                                                                                                                
JEROME CRANDALL                                                                                                                 
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 226.                                                                          
                                                                                                                                
JIM POUND, Staff                                                                                                                
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  Presented  HB 261  and HB  262 on  behalf of                                                            
Representative Wes Keller.                                                                                                      
                                                                                                                                
DAN MCCRUMMEN                                                                                                                   
Alaska Bikers Advocating Training and Education (ABATE)                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 262.                                                                          
                                                                                                                                
BOYD MCPHIEL, Legislative Affairs Coordinator                                                                                   
Alaska Bikers Advocating Training and Education (ABATE)                                                                         
Anchorage Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 262.                                                                          
                                                                                                                                
CHARLES BOYLE, Staff                                                                                                            
Representative Mike Doogan                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified on  behalf of  the prime  sponsor                                                            
during the discussion of HB 257.                                                                                                
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:07:03 PM                                                                                                                    
                                                                                                                                
CHAIR  PEGGY  WILSON  called  the  House  Transportation  Standing                                                            
Committee  meeting  to order  at  1:07  p.m.   Representatives  P.                                                              
Wilson, Johansen,  Munoz, Gruenberg, T. Wilson, and  Petersen were                                                              
present at the call to order.                                                                                                   
                                                                                                                                
1:07:05 PM                                                                                                                    
                                                                                                                                
             HB 226-NAMING VETERANS' WAY IN MAT-SU                                                                          
                                                                                                                                
CHAIR P. WILSON  announced that the first order  of business would                                                              
be  HOUSE BILL  NO. 226,  "An Act  renaming Seldon  Road and  that                                                              
portion  of Bogard  Road that  extends between  Palmer and  Meadow                                                              
Lakes, as Veterans' Way."                                                                                                       
                                                                                                                                
1:08:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WES KELLER,  Alaska  State  Legislature, as  prime                                                              
sponsor,  stated  that  HB  226 offers  an  opportunity  to  honor                                                              
veterans by naming a thoroughfare Veterans' Way.                                                                                
                                                                                                                                
1:09:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  moved  to   adopt  the  proposed  committee                                                              
substitute  for HB  226, labeled  26-LS0830\S,  Kane, 2/22/10,  as                                                              
the working  document.   There being no  objection, Version  S was                                                              
before the committee.                                                                                                           
                                                                                                                                
1:09:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER stated that  he is  proud of the  military.                                                              
He remarked that  veterans have sacrificed for our  country and he                                                              
thought  it  was  fitting  to  rename   a  portion  of  a  roadway                                                              
"Veterans' Way."   The expansion  of the valley projects  resulted                                                              
in an east  to west roadway  with three different names,  which is                                                              
confusing to residents  and motorists.  The road  is called Bogard                                                              
Road, Seldon  Road, and East Colony  School Road.  He  referred to                                                              
a map  in members' packets with  the Parks Highway  highlighted in                                                              
orange, depicting the  Parks Highway on the south  and connects to                                                              
the Glenn Highway.   The Parks highway continues  through Wasilla,                                                              
with a  cutoff that  connects to Glenallen,  and north  to Houston                                                              
and to points  beyond.  He referred to the  Wasilla-Palmer Highway                                                              
and remarked that  it can currently take motorists  a half hour to                                                              
traverse the seven  mile portion of the roadway.   He related that                                                              
the Bogard Road  project when completed will connect  to the Glenn                                                              
Highway and  will become the proposed  Veterans' Way.   The map in                                                              
members'  packets, which  is highlighted  in  pink, starting  from                                                              
the left, indicates  Trunk Road, Seward Meridian  Highway, Lucille                                                              
Road, and Church  Roads.  While the project is  not yet completed,                                                              
the final  road will  become a  major thoroughfare.   He  recently                                                              
visited businesses  along  the area and  people were  enthusiastic                                                              
about the name change.   He did not receive any  negative comments                                                              
on renaming  the road.  He  explained that the  proposed committee                                                              
substitute,   Version  S,   would   help   clarify  the   physical                                                              
description  of the  proposed roadway  since a  portion of  Bogard                                                              
Road  that  is  not  intended  to  be  renamed  was  inadvertently                                                              
included in the bill.                                                                                                           
                                                                                                                                
1:13:30 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  related her  understanding that  the pink  lines                                                              
depicted on the map are not current thoroughfares.                                                                              
                                                                                                                                
REPRESENTATIVE KELLER  answered that  Trunk Road is  an historical                                                              
road, but  the road is  currently a winding  and narrow road.   He                                                              
explained that Seward  Meridian connects to Bogard  Road, which is                                                              
projected to connect  to the proposed Veterans' Way.   Lucille and                                                              
Church  Roads both  connect to  the  proposed Veterans'  Way.   In                                                              
further response to  Chair P. Wilson, he agreed  that the proposed                                                              
Veterans'  Way  is  depicted  in  green on  the  map  in  members'                                                              
packets.                                                                                                                        
                                                                                                                                
1:14:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ pointed out  a portion  of Bogard  Road will                                                              
continue  to be named  Bogard Road,  but she  noticed that  Seldon                                                              
Road is  replaced.   She related  that sometimes  changing  a name                                                              
can cause problems since the families may object.                                                                               
                                                                                                                                
REPRESENTATIVE  KELLER agreed.   He  stated that  Seldon Road  was                                                              
named  in the  last five  years  and the  road was  named after  a                                                              
novel.                                                                                                                          
                                                                                                                                
1:15:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON  asked whether it is confusing  to name a                                                              
portion of the road.                                                                                                            
                                                                                                                                
REPRESENTATIVE  KELLER  explained  that renaming  the  road  would                                                              
actually  resolve the  confusion.   He stated  that the road  name                                                              
changes  from East  Colony  Way  to Bogard  Road  to Seldon  Road.                                                              
This entire  stretch is proposed  to be  named Veterans' Way.   He                                                              
maintained it is  very confusing to motorists now.   Additionally,                                                              
describing   driving  instructions   to   people   can  be   quite                                                              
challenging, he stated.                                                                                                         
                                                                                                                                
1:16:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  asked  whether  part of  the  road  will                                                              
continue to be Bogard Road.                                                                                                     
                                                                                                                                
REPRESENTATIVE  KELLER explained  that the  bill would rename  the                                                              
east  to west  portion of  Bogard  Road, but  the existing  Bogard                                                              
Road  between Valley  Country Store  at the  intersection of  East                                                              
Grumman Circle to  Main Street to Wasilla Main  Street will remain                                                              
Bogard Road.                                                                                                                    
                                                                                                                                
1:18:03 PM                                                                                                                    
                                                                                                                                
MARY  SIROKY, Legislative  Liaison,  Office  of the  Commissioner,                                                              
Department  of   Transportation  &  Public   Facilities  (DOT&PF),                                                              
explained that  the DOT&PF does  not have any issue  with renaming                                                              
the road  and views  it as  a policy  call.   She referred  to the                                                              
DOT&PF  fiscal  note  and  attached plan  for  signage  along  the                                                              
proposed  Veterans' Way.    The total  cost  for the  88 signs  is                                                              
anticipated  to  be  $32,000.   She  reminded  members  that  both                                                              
directions  need   signage  at  intersections.     Since  this  is                                                              
designated as an  historic road, some additional  brown signs will                                                              
indicate the historic highway.                                                                                                  
                                                                                                                                
1:20:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHANSEN  asked   whether  the   signs  will   be                                                              
manufactured  by  the DOT&PF.    He  inquired  as to  whether  the                                                              
DOT&PF is manufacturing all its signs.                                                                                          
                                                                                                                                
MS. SIROKY related  that the DOT&PF has the capability  to produce                                                              
signs and by producing the signs in-house will save $15,000.                                                                    
                                                                                                                                
MS.  SIROKY, in  response  to Representative  Johansen,  explained                                                              
the she has  not been to the  sign shop but understood  the DOT&PF                                                              
buys the steel  and has the ability  to do lettering.   In further                                                              
response to Representative  Johansen, she stated that  she was not                                                              
certain how  long the  DOT&PF has been  making signs,  but related                                                              
that it is not a new activity.                                                                                                  
                                                                                                                                
REPRESENTATIVE  JOHANSEN  recalled  asking  whether  DOT&PF  could                                                              
make signs last  year.  He recalled the fiscal note  for signs for                                                              
the  Joe  C.  Williams Coastal  Trail  in  Ketchikan,  which  were                                                              
expensive.     He   expressed  concern   about  the   department's                                                              
inconsistency.                                                                                                                  
                                                                                                                                
1:22:06 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON asked who actually makes the in-house signs.                                                                    
                                                                                                                                
MS. SIROKY  answered that  she was  unsure.   She also  offered to                                                              
review the fiscal  note and to research Representative  Johansen's                                                              
concern.                                                                                                                        
                                                                                                                                
REPRESENTATIVE JOHANSEN  asked who decides whether  the signs will                                                              
be made  internally or by  the private sector.   He would  like to                                                              
know who  makes the  decision on  which signs  will be  contracted                                                              
out.                                                                                                                            
                                                                                                                                
MS.  SIROKY recalled  that the  DOT&PF's staff  prepared the  cost                                                              
estimates and she listed the one that was less costly.                                                                          
                                                                                                                                
REPRESENTATIVE JOHANSEN  remarked that the $15,000  in savings can                                                              
add up.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  T. WILSON  asked  whether the  88 signs  currently                                                              
being used would be recycled.                                                                                                   
                                                                                                                                
MS. SIROKY offered to find out.                                                                                                 
                                                                                                                                
1:25:01 PM                                                                                                                    
                                                                                                                                
DALLAS  MASSIE,   American  Legion   Post  35,  stated   that  his                                                              
grandfather obtained  his citizenship by serving  during World War                                                              
I.   Additionally,  his wife's  grandfather also  served in  World                                                              
War  I.   Both  fathers served  in  World War  II  in the  Pacific                                                              
Theatre.   He is a  Vietnam era  veteran and his  oldest son  is a                                                              
veteran  of the  First  Gulf  War.   He  testified  in support  of                                                              
HB 226 and urged members to support the bill.                                                                                   
                                                                                                                                
ROBERT J. BRYANT,  Valley Veterans Council, stated  that he served                                                              
in both  Gulf Wars.   He supported HB  226 and related  this would                                                              
be a wonderful way to honor all veterans.                                                                                       
                                                                                                                                
NOEL  WOODS stated  that he  has been  a 65-year  resident of  the                                                              
Matanuska-Susitna Valley  and is a  Korean War veteran.   He said,                                                              
"Go ahead with this.  It sounds great."                                                                                         
                                                                                                                                
JEAN WOODS stated  that she wears a "gold star" and  a "blue star"                                                              
because she  has veterans  in her  family.   She related  that her                                                              
two  sons have  served  their country.   This  good  way to  honor                                                              
veterans  who keep  us  "the  land of  the  free,  because of  the                                                              
brave," she said.                                                                                                               
                                                                                                                                
YUKON DON TANNER  explained that he has been in  Alaska since 1959                                                              
and  served  his   country  from  1969-1972,  then   came  to  the                                                              
Matanuska-Susitna  Valley.  His  two sons  are navy veterans  that                                                              
also reside  in the Matanuska-Susitna  valley.  He  explained that                                                              
the   idea  to   rename  the   road  came   from  Mat-Su   Borough                                                              
Transportation  Committee.     The  committee's  mission   was  to                                                              
prioritize  how   to  dovetail   future  projects  with   existing                                                              
projects.   The Bogard Extension  became Colony Way  one direction                                                              
and  Seldon Road  and  Seldon Extension  in  the other  direction.                                                              
During the planning  period he suggested the road  should be named                                                              
Veterans' Way.   About a year and  a half ago a group  of veterans                                                              
approached  Representative  Keller  to  introduce  the bill.    He                                                              
urged members to pass HB 226.                                                                                                   
                                                                                                                                
1:29:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  remarked that  only  two navy  veterans                                                              
involved with the legislature are both present in this room.                                                                    
                                                                                                                                
MR. TANNER said he appreciated the members' service.                                                                            
JEROME  CRANDALL,   Wasilla,  Alaska,  stated  that   he  supports                                                              
HB 226.  He related  that he is a veteran of  the foreign wars and                                                              
served in  the U.S.  Marine Corps.   He  said is  in favor  of the                                                              
testimony  today.   He urged  members to  pass the  bill to  honor                                                              
veterans.                                                                                                                       
                                                                                                                                
CHAIR P.  WILSON, after  first determining no  one else  wished to                                                              
testify, closed public testimony on HB 226.                                                                                     
                                                                                                                                
1:31:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved to  report the proposed  committee                                                              
substitute  for HB 226,  labeled 26-LS0830\S,  Kane, 2/22/10,  out                                                              
of   committee    with   individual   recommendations    and   the                                                              
accompanying   fiscal   note.      There   being   no   objection,                                                              
CSHB 226(TRA)   was  reported   from   the  House   Transportation                                                              
Standing Committee.                                                                                                             
                                                                                                                                
           HB 261-TRANSPORTATION PROJECT DISCLOSURES                                                                        
                                                                                                                              
1:31:56 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON announced that  the next order of  business would                                                              
be   HOUSE  BILL NO.  261,  "An Act  requiring  the Department  of                                                              
Transportation   and  Public   Facilities   to   publish  on   the                                                              
department's   Internet   website  reports   regarding   contracts                                                              
awarded for transportation projects."                                                                                           
                                                                                                                                
REPRESENTATIVE  MUNOZ  moved  to   adopt  the  proposed  committee                                                              
substitute (CS)  for HB 261,  labeled 26-LS1129\R,  Kane, 3/17/10,                                                              
as the  working document.   There  being no  objection, Version  R                                                              
was before the committee.                                                                                                       
                                                                                                                                
1:32:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER asked staff to present the bill.                                                                          
                                                                                                                                
JIM  POUND,   Staff,  Representative  Wes  Keller,   Alaska  State                                                              
Legislature, explained  that HB 261 would  consolidate information                                                              
on  DOT&PF's website  to provide  some  details on  projects.   He                                                              
explained   that  initially   the  sponsor   wanted  all   of  the                                                              
information on projects  posted to the website.   However, much of                                                              
the  information  is technical  information,  which  is of  little                                                              
interest  to  the  public.   The  proposed  committee  substitute,                                                              
Version  R,  provides a  list  of  the  information that  will  be                                                              
posted that  is of interest to  people.  He characterized  Version                                                              
R  as a  collaborative  effort between  the  DOT&PF  and the  bill                                                              
sponsor.                                                                                                                        
                                                                                                                                
1:34:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    GRUENBERG    suggested     that    several    of                                                              
Representative  Keller's bills  should be  combined into  a single                                                              
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE KELLER  explained that the bills are  two different                                                              
bills,  with   one  directed   at  DOT&PF   to  make   information                                                              
accessible, and  the other about  the DOT&PF structure.   He added                                                              
that the  DOT&PF has been  very cooperative  in working on  HB 261                                                              
and  has actually  started  to implement  the  process of  posting                                                              
project information  to its website.   This bill would  direct the                                                              
DOT&PF to enhance that process.                                                                                                 
                                                                                                                                
1:35:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  recalled  that  he did  not  track  the                                                              
differences between the two versions of the bill.                                                                               
                                                                                                                                
REPRESENTATIVE KELLER  explained that the original  bill asked for                                                              
complex information,  including  technical specifications  and all                                                              
subcontractors   involved  in  the   construction  project.     He                                                              
explained  that  the  specific  information  of  interest  to  the                                                              
public would provide  such items as the status of  a project and a                                                              
timeline with percentage of project completion.                                                                                 
                                                                                                                                
1:36:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ referred  to page  2, line  2, of Version  R                                                              
and to  the expenditures in  subparagraph (E).   She asked  if the                                                              
reporting requirement would be onerous for the department.                                                                      
                                                                                                                                
REPRESENTATIVE  KELLER explained  the  DOT&PF  requested that  the                                                              
updates to  the website be made  on their normal  update schedule,                                                              
which was satisfactory to him.                                                                                                  
                                                                                                                                
1:37:09 PM                                                                                                                    
                                                                                                                                
MARY  SIROKY, Legislative  Liaison,  Office  of the  Commissioner,                                                              
Department  of   Transportation  &  Public   Facilities  (DOT&PF),                                                              
explained  the DOT&PF  shares the  goal with  the bill sponsor  to                                                              
have  information easily  accessible  to the  public.   One  issue                                                              
that needed to  be addressed was the project  status after funding                                                              
is appropriated,  but before  the "shovel"  or piece of  equipment                                                              
moves.  The environmental authorization and utility, right-of-                                                                  
way,  and design  phases  can take  years.   The  DOT&PF likes  to                                                              
provide  the information  to  the  public in  a  well thought  out                                                              
manner.   The  DOT&PF currently  lists the  American Recovery  and                                                              
Reinvestment  Act  of  2009  (ARRA)  project  information  on  its                                                              
website,  but the  DOT&PF project  information is  limited to  the                                                              
construction costs so the information would not contain pre-                                                                    
construction details.   She reiterated that the  DOT&PF desires to                                                              
provide  the  information   and  hoped  it  will   be  helpful  to                                                              
constituents and to the legislature.                                                                                            
                                                                                                                                
1:39:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PETERSEN  referred   to   page  2,   line  4   of                                                              
subparagraph (F),  which read, "future funding needed  to complete                                                              
the project;"  which he said can  be "a moving target."   He asked                                                              
whether that would be difficult to accurately fulfill.                                                                          
                                                                                                                                
MS. SIROKY  answered that  the DOT&PF should  be able  to identify                                                              
the  funding.   She  explained  that  usually a  funding  obstacle                                                              
means  reducing  the scope  of  the  project.   This  subparagraph                                                              
should  allow the DOT&PF  to identify  the additional  cost.   She                                                              
did  not think  it  would  be onerous.    She related  the  DOT&PF                                                              
should  be  able  to  pull  some   information  from  its  current                                                              
databases.    She  acknowledged  that  project  descriptions  will                                                              
require staff to write "in plain English" and not in "engineer-                                                                 
speak."   She explained that some  tasks cannot be  automated, but                                                              
the  DOT&PF believes  this process  is  important.   Additionally,                                                              
the DOT&PF  is would like create  a timeline so people  can get an                                                              
idea of  the percentage  of the project  completed in  relation to                                                              
the overall project.                                                                                                            
                                                                                                                                
1:41:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T. WILSON  asked  if the  work  is done  in-house,                                                              
whether this would include the costs of the environmental stage.                                                                
                                                                                                                                
MS. SIROKY stated  that the DOT&PF will develop  a project website                                                              
after  the  bill and  capital  budget  is  passed and  funding  is                                                              
appropriated.   In further response  to Representative  T. Wilson,                                                              
she  also explained  the DOT&PF  would  identify the  expenditures                                                              
and update the website  every six months.  The  website would show                                                              
the expenditures  incurred internally but would not  list the man-                                                              
hours, she stated.                                                                                                              
                                                                                                                                
MS. SIROKY,  in response to T.  Wilson, explained that  the DOT&PF                                                              
would  identify  the  prime  contractor,  but  would  not  provide                                                              
information  on contracts prior  to construction;  so it  will not                                                              
cover survey,  utility, or environmental  (EIS) costs.   This bill                                                              
would identify  contractor costs  beginning with the  construction                                                              
phase, she stated.                                                                                                              
                                                                                                                                
1:44:32 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  asked whether  costs  would be  broken down  for                                                              
right-of-way permitting and design.                                                                                             
                                                                                                                                
MS. SIROKY  clarified that  the timeline  would identify  when the                                                              
project is  in the EIS  phase and if  that phase lasts  two years,                                                              
the  "bar would  move every  six  months."   However, the  website                                                              
will not  identify a list  of contractors  and if the  phase since                                                              
only the prime  contractor would be listed once  the project moves                                                              
to the construction phase.                                                                                                      
                                                                                                                                
1:45:29 PM                                                                                                                    
                                                                                                                                
MS. SIROKY,  in response to  Representative Petersen,  stated that                                                              
the  information will  not speak  to the  actual road  conditions.                                                              
The DOT&PF  will independently  update the  DOT&PF's "511  system"                                                              
with  a  new  road traffic  awareness  system  that  will  provide                                                              
information such as "This road is closed."                                                                                      
                                                                                                                                
1:46:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  recalled  that   the  state   of  Utah                                                              
received numerous awards  and one of two states to  receive an "A"                                                              
rating since  they provided  good information  to the public.   He                                                              
thinks this  bill is good step in  the right direction.   He asked                                                              
whether the  list in the bill  should be published  by regulation,                                                              
to avoid  coming to the legislature  each time something  changes.                                                              
He further asked  whether the bill should have  the flexibility to                                                              
allow the DOT&PF to publish regulations.                                                                                        
                                                                                                                                
MS.  SIROKY  stated  that  the DOT&PF  has  the  authority  to  do                                                              
provide  future information.    The DOT&PF  did  not believe  that                                                              
writing  regulations  would be  beneficial.    The DOT&PF  is  not                                                              
seeking others  to comply,  just to  act as  an agency  to provide                                                              
additional information to the public.                                                                                           
                                                                                                                                
REPRESENTATIVE   GRUENBERG   suggested   that   the  name   of   a                                                              
contracting  company should  also list  a contact  number and  the                                                              
name of  the person  at the  DOT&PF should  be listed,  along with                                                              
their contact information.                                                                                                      
                                                                                                                                
1:49:33 PM                                                                                                                    
                                                                                                                                
MS.  SIROKY  stated  that  the   DOT&PF  always  provides  contact                                                              
information and  she anticipated the  name and contact  number for                                                              
the DOT&PF person  would be listed on the website.   She expressed                                                              
concern  in   terms  of   listing  a  phone   and  e-mail   for  a                                                              
construction contractor,  since that person may not  want to field                                                              
public comments.                                                                                                                
                                                                                                                                
REPRESENTATIVE    GRUENBERG   suggested    including   that    the                                                              
information for a contractor would likely be in the phone book.                                                                 
                                                                                                                                
MS.  SIROKY  related  that it  would  not  be  a problem  to  have                                                              
contractor  information available,  but she  suggested that  it be                                                              
nested in the DOT&PF's database instead of manually added.                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG said he  did not want  to hold  the bill                                                              
up, but thought the public might appreciate the information.                                                                    
                                                                                                                                
MS. SIROKY  agreed the  DOT&PF could  include any information  can                                                              
be easily "pulled" into the database.                                                                                           
                                                                                                                                
1:51:26 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  remarked that  contractors may  not want  people                                                              
calling  them  while  they  are  in the  midst  of  working  on  a                                                              
project.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG   suggested  the  DOT&PF   consider  the                                                              
concept,  with a  human contact.   He  thought it  may reduce  the                                                              
public's frustration.                                                                                                           
                                                                                                                                
1:52:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  referred  to  page  1,  line  10-11,  of                                                              
HB 261  to  the  information  to  be reported.    He  related  his                                                              
understanding  that  the  DOT&PF   undergoes  a  long  process  on                                                              
projects.      Projects   are  reviewed   during   the   Statewide                                                              
Transportation   Improvement  Program   (STIP)  process   and  are                                                              
nominated by communities.   He stated that the  legislature has to                                                              
approve every  appropriation included in  the capital budget.   He                                                              
pointed out the  list of items in the bill is  information already                                                              
compiled by  the department.  He  further stated that he  does not                                                              
have any problem  with HB 261, but objects to the  amount of money                                                              
DOT&PF says  they need to  accomplish the website  enhancements as                                                              
reflected in the  fiscal note.  He said he does  not want hold the                                                              
bill up.                                                                                                                        
                                                                                                                                
MS. SIROKY responded  that the fiscal note was  written to reflect                                                              
the  requirements in  the  original  version of  the  bill.   That                                                              
version  of the  bill had  the DOT&PF  collecting information  not                                                              
readily available  in its  databases.   The extensive  information                                                              
requested included  details for  all contracts, planning,  design,                                                              
and historical information.                                                                                                     
                                                                                                                                
1:56:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  asked for the  reason that the  bill even                                                              
has a fiscal note.                                                                                                              
                                                                                                                                
MS.  SIROKY  explained  that the  administration's  policy  is  to                                                              
prepare  a  fiscal  note  on bills  for  the  first  committee  of                                                              
referral  and  to   update  the  fiscal  note   once  a  committee                                                              
substitute has been adopted and passes out of the committee.                                                                    
                                                                                                                                
CHAIR  P. WILSON  asked  whether she  could  project the  DOT&PF's                                                              
needs to accomplish the website enhancements.                                                                                   
                                                                                                                                
MS. SIROKY answered  that the DOT&PF would likely  need one person                                                              
and  some  initial consulting  costs  for  the  first year.    She                                                              
related that the  DOT&PF has not done any fiscal  note projections                                                              
yet.                                                                                                                            
                                                                                                                                
CHAIR P. WILSON agreed most of the information is compiled.                                                                     
                                                                                                                                
REPRESENTATIVE JOHANSEN  expressed frustration that  the committee                                                              
does not  know the  fiscal impact.   He  thought the policy  slows                                                              
down  the  process,  noting  that   members  must  decide  matters                                                              
without  having the  full impact.   He  expressed his  frustration                                                              
with the administration's policy.                                                                                               
                                                                                                                                
1:59:06 PM                                                                                                                    
                                                                                                                                
CHAIR  P.  WILSON  recalled  that the  DOT&PF  retains  a  certain                                                              
amount of administrative  costs and asked whether  this bill would                                                              
increase the administrative project costs.                                                                                      
                                                                                                                                
MS. SIROKY  answered no.   She  stated that  the fiscal  note will                                                              
reflect funding for one additional person in the department.                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  agreed   with  Representative  Johansen                                                              
that he shared the concern on the fiscal note.                                                                                  
                                                                                                                                
2:00:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON asked what information  is not currently                                                              
provided.                                                                                                                       
                                                                                                                                
MS. SIROKY  offered that  initially, the  DOT&PF would  create the                                                              
project schedule  and geographic location at the  beginning of the                                                              
project.   The DOT&PF  would expand  on the project's  description                                                              
and project status,  pull information from other  databases on any                                                              
appropriations or  expenditures.  The DOT&PF would  also calculate                                                              
anticipated  future funding  and determine  and input the  project                                                              
phase.  The DOT&PF  would pull information from  the Department of                                                              
Labor &  Workforce Development's  (DLWD) database to  identify the                                                              
prime contractor.                                                                                                               
                                                                                                                                
REPRESENTATIVE  T. WILSON suggested  that she  does not  think the                                                              
planned  information provides  enough  project information,  since                                                              
it only  identifies  the contractor.   She offered  that the  bill                                                              
appears to provide  transparency.  She expressed  concern that all                                                              
the steps are not listed, including the environmental, right-of-                                                                
way,  and  surveying costs  that  the  public  should be  able  to                                                              
access.   She asked  if the  reason for  limiting the  details was                                                              
due to the cost of providing the details.                                                                                       
                                                                                                                                
2:02:57 PM                                                                                                                    
                                                                                                                                
MS.  SIROKY agreed  since  that  type of  detail  would require  a                                                              
significant  amount  of manpower.    Some  work is  performed  in-                                                              
house.   The DOT&PF  looked at  the construction  contract  as the                                                              
place that  people may  be most interested.   The DOT&PF  reviewed                                                              
the  aspects   of  the  construction   process  to   identify  the                                                              
information  people may  be interested  in, such  as who a  person                                                              
would contact for a job.                                                                                                        
                                                                                                                                
REPRESENTATIVE  T.  WILSON  related her  understanding  that  this                                                              
bill  is not  really about  providing information  to the  public,                                                              
but is another  way for the DLWD  to find people to  employ in the                                                              
private sector.                                                                                                                 
                                                                                                                                
MS. SIROKY reiterated the DOT&PF's interest in providing wide-                                                                  
ranging  information  to the  public.   She  offered  that if  the                                                              
legislature   wants  more   information   provided  the   DOT&PF's                                                              
interest  is to  do so.    This bill,  Version  R, represents  the                                                              
easiest  way  to provide  information  on  projects on  a  regular                                                              
basis.                                                                                                                          
                                                                                                                                
CHAIR P.  WILSON imagined  that the DOT&PF  has a project  manager                                                              
on  projects who  tracks  the expenditures  and  timetables.   She                                                              
related  she  is  having  difficulty  understanding  why  all  the                                                              
information  is  not currently  contained  in  one place  and  the                                                              
necessity to contact numerous people to obtain it.                                                                              
                                                                                                                                
MS. SIROKY related  her understanding that the  DOT&PF can provide                                                              
the expenditures,  but could  not easily  identify the  individual                                                              
subcontractor's  expenses.   She  offered to  meet  with the  data                                                              
processing  staff.  She  explained that  the DOT&PF reviewed  with                                                              
Representative  Keller the  items  the public  is most  interested                                                              
in,  not to  track the  project's  expenditures each  step of  the                                                              
way.                                                                                                                            
                                                                                                                                
2:07:03 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON recapped  her understanding  that the  DOT&PF has                                                              
different   data   bases   for   right-of-way,   permitting,   and                                                              
environmental   processes   until  it   comes   together  at   the                                                              
construction phase as a project.                                                                                                
                                                                                                                                
2:07:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T.  WILSON  maintained that  the  project  manager                                                              
should have the information compiled.                                                                                           
                                                                                                                                
MS. SIROKY  offered that  the DOT&PF  has a  design team  for some                                                              
projects, while other  projects are handled in  a more streamlined                                                              
manner.   She offered  to hold  more discussions  and provide  the                                                              
information.                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  appreciated the questions.   He offered his                                                              
intent to stay  at the "100,000  foot level", but not  to hold the                                                              
DOT&PF  accountable for  detailed expenditures.   He  acknowledged                                                              
the  diversity of  the information  and  related the  right-of-way                                                              
procurement may be  the biggest cost associated  with the project.                                                              
He explained  that posting this  information becomes complex.   He                                                              
said   that  he  began   the  project   at  the   same  level   as                                                              
Representative T.  Wilson indicated,  in terms of  wanting details                                                              
posted.   Ultimately, he decided that  people could view  a map of                                                              
Matanuska-Susitna Borough,  could click on "Trunk  Road," and find                                                              
out when  a project  was initiated, the  budgeted amount,  and the                                                              
projected costs.   He related that  the website would  contain the                                                              
basics  to  describe  "the  big  picture."   He  noted  that  some                                                              
numbers  are  continually  changing, such  as  procurement  costs.                                                              
Property  values change  from the  initiation of  a project  until                                                              
the surveying  and right-of-way is  completed.  He  explained that                                                              
it  can become  complicated  since so  many  issues are  involved.                                                              
Therefore, he  said he asked  the DOT&PF to  keep it simple.   The                                                              
goal  is not  to track  expenditures for  a project,  but just  to                                                              
provide some basic construction information on projects.                                                                        
                                                                                                                                
2:11:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  asked whether it  is possible to  write a                                                              
program  that automatically  updates information  to avoid  manual                                                              
posting.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  KELLER  stated   that  it  is  complex  since  the                                                              
information is not all available on one screen.                                                                                 
                                                                                                                                
REPRESENTATIVE   PETERSEN  thought   perhaps  the  technology   is                                                              
available  to do  so and  perhaps investing  more initially  later                                                              
may result in cost reductions to the overall website.                                                                           
                                                                                                                                
CHAIR P. WILSON  remarked that state government  is "pathetic with                                                              
this  type of  thing".   Initially, a  database program  may be  a                                                              
good  program,   but  as   technology  advances,  programming   is                                                              
necessary  and the  cost to  access  information is  unbelievable.                                                              
She recalled  similar circumstances  in the  Department of  Health                                                              
and Social Services system.                                                                                                     
                                                                                                                                
2:13:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MUNOZ  asked   whether  the   "big  picture"   is                                                              
currently available on the DOT&PF's website.                                                                                    
                                                                                                                                
MS.  SIROKY  answered  that  not  all projects  are  listed.    In                                                              
further response  to Representative Munoz, she explained  that the                                                              
DOT&PF provides  information on its  website on some  high profile                                                              
projects.  She related  her understanding that the  goal of HB 261                                                              
is for  the DOT&PF  to provide  a webpage  for every  construction                                                              
project that receives an appropriation.                                                                                         
                                                                                                                                
2:14:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  recalled  the  stimulus  monies  the  state                                                              
recently  received.    She  applauded   the  DOT&PF's  efforts  to                                                              
acquire the funds and manage the projects.                                                                                      
                                                                                                                                
MS.  SIROKY, in  response to  Representative  Munoz, offered  that                                                              
the  DOT&PF  hopes to  provide  "good  solid information"  to  the                                                              
public, which  she thought  would ultimately  reduce the  DOT&PF's                                                              
workload.  The DOT&PF  would like the public to be  able to access                                                              
the information  on the website rather  than for them to  call the                                                              
office or the engineer to obtain the information.                                                                               
                                                                                                                                
MS. SIROKY,  in response to  Representative T. Wilson,  offered to                                                              
discuss the  scope of information to  provide to the public.   She                                                              
pointed out  that until  the pre-construction  phase is  completed                                                              
that  the contractor's  name would  not  be listed.   She  related                                                              
that the  contractor information would  be available once  the bid                                                              
is awarded  and the department could  look at the cost  of posting                                                              
certain "big chunks" of information.                                                                                            
                                                                                                                                
REPRESENTATIVE  T. WILSON  thought providing  the information  "in                                                              
chunks"  could  be a  great  tool,  but  she  would not  want  the                                                              
department to spend a lot of money compiling the information.                                                                   
                                                                                                                                
2:18:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN asked  whether  the DOT&PF  has a  public                                                              
information officer on staff.                                                                                                   
                                                                                                                                
MS. SIROKY answered yes.                                                                                                        
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked how  the  DOT&PF  would track  $30                                                              
million  designated  for a  road  without a  single  appropriation                                                              
source and the allocation.                                                                                                      
                                                                                                                                
MS.  SIROKY referred  to  page 1,  line  14 to  subparagraph  (D),                                                              
which  would  identify  the fund  sources  of  the  appropriation.                                                              
Thus,  a fund  source  would be  listed by  project.   In  further                                                              
response  to   Representative  Johansen,  she  related   that  the                                                              
specific  project would  identify the  fund source.   She  did not                                                              
envision that  this project  would list  all fund source  changes.                                                              
In order for  a person to track  the changes he/she would  need to                                                              
know the initial  source of funding, but this  bill would identify                                                              
any funding source that changed on specific projects.                                                                           
                                                                                                                                
2:22:57 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON recalled a project  that began as the  "Alaska BC                                                              
line" but  stalled during the process.   She asked whether  such a                                                              
project would be listed on the website.                                                                                         
                                                                                                                                
MS. SIROKY  related that  this bill  would identify projects  from                                                              
the effective date  forward, but in the instance a  project was in                                                              
the  limbo phase  that  a balance  would  be  associated with  the                                                              
project.    She anticipated  that  if  the  funding was  used  for                                                              
something else, the funds would decrease.                                                                                       
                                                                                                                                
CHAIR P.  WILSON asked whether it  would show the  funding shifted                                                              
to another project.                                                                                                             
                                                                                                                                
MS.  SIROKY  offered  that  this  process  has  not  been  thought                                                              
through   yet,   but  it   seemed   reasonable  to   assume   that                                                              
reappropriation funds  would identify the  projects.  She  was not                                                              
certain how that would be handled.                                                                                              
                                                                                                                                
2:24:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  referred to page  1, line 6,  which read,                                                              
"When  an appropriation  has been  made  to the  department for  a                                                              
transportation  project..."    He  remarked that  the  DOT&PF  has                                                              
large amounts of  authorizations for projects so he  was unsure if                                                              
the  legislature  is  going  to  gain  more  information  in  this                                                              
process.                                                                                                                        
                                                                                                                                
MS. SIROKY,  in response to a  question, related that the  bill is                                                              
triggered by an  appropriation, not an authorization.   In further                                                              
response to Chair  Wilson, said she was not sure  the DOT&PF would                                                              
handle  internal preliminary  design work  performed for  projects                                                              
that it contemplates.                                                                                                           
                                                                                                                                
2:29:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN referred  to allocations  in the  state's                                                              
Capital   Improvement  Budget   (CIB)   and   asked  whether   the                                                              
legislature would be  able to identify projects that  have been in                                                              
the planning phase for five years, but never quite get built.                                                                   
                                                                                                                                
MS.  SIROKY hoped  this  process  would identify  the  information                                                              
taken during those five years in the planning phase.                                                                            
                                                                                                                                
REPRESENTATIVE JOHANSEN said he supports the concept for HB 261.                                                                
                                                                                                                                
2:31:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON asked about road service area funding.                                                                 
                                                                                                                                
MS. SIROKY  said she  was unfamiliar  with the  road service  area                                                              
funds.                                                                                                                          
                                                                                                                                
REPRESENTATIVE T.  WILSON asked  if district funds  were allocated                                                              
to road service areas whether the funds would be tracked.                                                                       
                                                                                                                                
MS. SIROKY  asked whether the funds  would be part of  the state's                                                              
CIB  or if  the  funds  are appropriated  not  by  the DOT&PF  but                                                              
through   Department   of   Commerce,    Community,   &   Economic                                                              
Development grants.                                                                                                             
                                                                                                                                
REPRESENTATIVE T. WILSON  said she was unsure, but  said she would                                                              
check.                                                                                                                          
                                                                                                                                
2:32:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  move moved to report the  proposed committee                                                              
substitute  (CS)  for  HB 261,  labeled  Version  R,  26-LS1129\R,                                                              
Kane, 3/17/10,  out of committee  with individual  recommendations                                                              
and the accompanying fiscal notes.                                                                                              
                                                                                                                                
REPRESENTATIVE  T. WILSON  objected.   She commented  that she  is                                                              
interested information on how projects are tracked.                                                                             
                                                                                                                                
MS.  SIROKY  agreed that  she  would  provide the  information  no                                                              
matter what happens to this bill.                                                                                               
                                                                                                                                
REPRESENTATIVE T. WILSON removed her objection.                                                                                 
                                                                                                                                
2:33:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  objected.   He  remarked  that he  would                                                              
like to  have someone  in DOT&PF check  into computer  program and                                                              
modern technology  to reduce  the manpower  needed to  provide the                                                              
website information.                                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG  remarked   that  he  is  interested  in                                                              
having contact information provided on the DOT&PF website.                                                                      
                                                                                                                                
REPRESENTATIVE PETERSEN removed his objection.                                                                                  
                                                                                                                                
There  being  no   further  objections,  the  CSHB   261(TRA)  was                                                              
reported from the House Transportation Standing Committee.                                                                      
                                                                                                                                
           HB 262-MOTORCYCLE/SCOOTER AWARENESS MONTH                                                                        
                                                                                                                                
2:34:08 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON announced that  the next order of  business would                                                              
be HOUSE BILL  NO. 262, "An Act  establishing the month  of May as                                                              
Motorcycle Awareness Month."                                                                                                    
                                                                                                                                
2:34:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WES KELLER,  Alaska State  Legislature, asked  his                                                              
staff to present HB 262.                                                                                                        
                                                                                                                                
JIM  POUND,   Staff,  Representative  Wes  Keller,   Alaska  State                                                              
Legislature,  on  behalf  of  Representative   Wes  Keller,  prime                                                              
sponsor of HB 262,  explained that HB 262 would make  the month of                                                              
May  motorcycle awareness  month.   He  related  that many  states                                                              
have  adopted the  month  of May  as motorcycle  awareness  month,                                                              
primarily  since  it the  month  when  motorcycles begin  the  use                                                              
roadways.   It is an  awareness campaign  aimed as a  reminder for                                                              
automobile and  truck drivers to use  extra caution.  It  also has                                                              
to  do  with  establishing  an  annual  advertising  campaign  for                                                              
heightened awareness.                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  that he  is a strong  supporter                                                              
of  the bill.    He said  he is  also  a motor  scooter  fan.   He                                                              
related  that visibility  is a  problem for  motorcycles and  also                                                              
for  motor scooters  and  asked  if the  sponsor  would object  to                                                              
expanding the bill to include motor scooters.                                                                                   
                                                                                                                                
MR. POUND said the sponsor would not object.                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN stated that he supports the bill.                                                                       
                                                                                                                                
REPRESENTATIVE  KELLER,  in response  to  Representative  Johansen                                                              
stated  that   he  came  to  the   state  on  a   Harley  Davidson                                                              
motorcycle.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  PETERSEN offered  his strong  support for  HB 262.                                                              
He thought  he had asked  to cosponsor the  bill.  He  stated that                                                              
his  brother is  a motorcycle  rider.   He has  also lost  several                                                              
friends  to  motorcycle  accidents  so  he is  interested  in  the                                                              
safety aspects  of HB 262.  It  is important to make  people aware                                                              
that motorcycles are back on the road.                                                                                          
                                                                                                                                
2:38:48 PM                                                                                                                    
                                                                                                                                
MR.  POUND, in  response to  Representative  T. Wilson,  explained                                                              
that  considerable  funding  for   motorcycle  safety  is  federal                                                              
funding provided to  the Alaska Highway Safety Office  (AHSO).  He                                                              
explained that  the motorcycle  safety courses  and the  "Learn to                                                              
Ride"  program are  provided  from  the same  funds.   In  further                                                              
response to Representative  T. Wilson, he said he was  not sure of                                                              
the amount of money.                                                                                                            
                                                                                                                                
2:39:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  offered  her  support  for  HB  262.    She                                                              
learned  through this  bill process  that Juneau  has the  highest                                                              
per  capita motorcycle  ownership  in the  country.   She  related                                                              
that  one issue  the motorcycle  drivers  expressed concern  about                                                              
was  the  mandatory  headlight   law,  which  may  be  harmful  to                                                              
motorcycles since  motorcyclists currently use headlights.   Their                                                              
concern is "they  may be lost in  a sea of lights" if  a mandatory                                                              
requirement for  headlights passed; that motorists  may not notice                                                              
the motorcycles.                                                                                                                
                                                                                                                                
MR.  POUND  pointed   out  that  most  new  motorcycles   have  an                                                              
automatic headlights  ignition switch.   He  tended to  agree that                                                              
the vehicles  that motorcycles  tend to  disappear a little  more.                                                              
He  stated  that he  cannot  argue  with  the importance  to  have                                                              
automobiles visible as well.                                                                                                    
                                                                                                                                
2:41:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made   a  motion  to  adopt  Conceptual                                                              
Amendment 1.   He stated  that in  every place motorcycle  appears                                                              
in the bill, including  lines 1, 4, 5, 8, and 9  to add the phrase                                                              
"motor scooter".   There being no objection,  Conceptual Amendment                                                              
1 was adopted.                                                                                                                  
                                                                                                                                
2:42:38 PM                                                                                                                    
                                                                                                                                
DAN  MCCRUMMEN, Alaska  Bikers Advocating  Training and  Education                                                              
(ABATE),  stated that  ABATE,  consists of  about  90 members  who                                                              
provide training  to promote  safe driving.   He pointed  out that                                                              
nationwide  May  is  awareness   month.    In  Alaska,  the  ABATE                                                              
organization  promotes safe  motorcycling and  to reminds  drivers                                                              
motorcycles  are on  the roadway.   He  urged members  to pass  HB                                                              
262.                                                                                                                            
                                                                                                                                
2:43:38 PM                                                                                                                    
                                                                                                                                
BOYD  MCPHIEL,  Legislative  Affairs  Coordinator,  Alaska  Bikers                                                              
Advocating  Training and  Education (ABATE),  urged the  committee                                                              
to pass  the bill.   He has worked  for 20 years  on proclamations                                                              
to raise  awareness to vehicles  that motorcycles are on  the road                                                              
in  greater numbers.   He  supported adding  motor scooters  since                                                              
they  do apply.   He  invited Representative  Gruenberg and  other                                                              
members to  partake in  one of the  rider education  courses ABATE                                                              
sponsors.                                                                                                                       
                                                                                                                                
2:45:36 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON, after  first determining no  one else  wished to                                                              
testify, closed public testimony on HB 262.                                                                                     
                                                                                                                                
REPRESENTATIVE  PETERSEN  moved to  report  CSHB  262(TRA) out  of                                                              
committee  with individual  recommendations  and the  accompanying                                                              
fiscal  note.    There  being  no  objection,  CSHB  262(TRA)  was                                                              
reported from the House Transportation Standing Committee.                                                                      
                                                                                                                                
2:46:35 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:46 p.m. to 2:47 p.m.                                                                       
                                                                                                                                
2:47:21 PM                                                                                                                    
                                                                                                                                
             HB 257-BAN CELL PHONE USE WHEN DRIVING                                                                         
                                                                                                                                
CHAIR P. WILSON  announced that the final order  of business would                                                              
be  HOUSE  BILL NO. 257, "An  Act relating to prohibiting  the use                                                              
of  cellular  telephones   when  driving  a  motor   vehicle;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
2:47:57 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON  explained that HB 257 has had  two prior hearings                                                              
and four  amendments have  previously been  adopted.   Amendment 1                                                              
changed the  bill to apply only  to hand-held devices.   Amendment                                                              
2 added an effective  date clause.  Amendment  3 defined emergency                                                              
use and  Amendment  4 made  use of a  cell phone  while driving  a                                                              
vehicle a  secondary offense.   Members previously asked  for time                                                              
to review the studies in members' packets.                                                                                      
                                                                                                                                
2:48:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  moved  to   adopt  the  proposed  committee                                                              
substitute  (CS)  for  HB  257,  labeled  26-LS1104\S,  Luckhaupt,                                                              
3/18/10 as the working document.                                                                                                
                                                                                                                                
REPRESENTATIVE T. WILSON objected for the purpose of discussion.                                                                
                                                                                                                                
2:49:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that  Amendment  2  deleted  the                                                              
effective  date.  He  referred to  the language  for Amendment  2,                                                              
labeled, 26-LS 1104\E.2, Luckhaupt, 2/19/10, which read:                                                                        
                                                                                                                                
     Page 1, line 2:                                                                                                            
     Delete "; and providing for an effective date"                                                                           
     Page 1, line 13:                                                                                                           
     Delete all material.                                                                                                       
                                                                                                                                
2:49:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON related that one of  the prior questions                                                              
asked how  many cell phones are  currently used by the  DOT&PF and                                                              
the impact  this bill  would have  on the  department.   She noted                                                              
that  the  fiscal  note  does  not   show  the  fiscal  effect  on                                                              
government.                                                                                                                     
                                                                                                                                
CHARLES  BOYLE, Staff,  Representative Mike  Doogan, Alaska  State                                                              
Legislature,  stated that  the bill  has a zero  fiscal note  from                                                              
the Department of  Law, which is the only fiscal  note received on                                                              
the bill.                                                                                                                       
                                                                                                                                
2:50:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON asked for  the impact and  the frequency                                                              
of use  that cell phones  are used in  vehicles on a  daily basis.                                                              
She  further asked  if the  phones would  not be  used any  longer                                                              
what kind of impact it would have on the DOT&PF.                                                                                
                                                                                                                                
MR.  BOYLE explained  that with  the hands-free  provision in  the                                                              
bill, people can  use cell phones while driving, but  would need a                                                              
hands-free device to do so.                                                                                                     
                                                                                                                                
2:51:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MUNOZ  asked   whether   the  trucking   industry                                                              
supports the  bill with  the hands-free  provision that  was added                                                              
to the bill.                                                                                                                    
                                                                                                                                
MR. BOYLE stated  that he has not spoken to the  trucking industry                                                              
since the last amendment  to the bill was passed.   He offered his                                                              
belief that  they just wanted  to be able  to cell phones  and the                                                              
hands-free exception  would allow cell phone use.   He stated that                                                              
many companies  are moving  towards a ban  on personal  cell phone                                                              
use.                                                                                                                            
                                                                                                                                
2:51:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T.  WILSON  asked  for the  reason  that  existing                                                              
statutes on distraction do not cover these types of things.                                                                     
                                                                                                                                
MR. BOYLE  offered since  HB 257  designates cell  phone use  as a                                                              
secondary   offense,  that   police   officers   would  not   stop                                                              
individuals  for cell  phone  use.   In the  event  that a  driver                                                              
commits  a  primary  offense,  such  as runs  a  red  light  while                                                              
talking on  a cell phone,  the person could  be cited.   He stated                                                              
that  the bill  is more  specific  to distraction  for cell  phone                                                              
use.                                                                                                                            
                                                                                                                                
2:52:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ asked whether  the typical communication  on                                                              
the "Haul Road" is by cell phone.                                                                                               
                                                                                                                                
MR.  BOYLE recalled  the  Alaska Trucking  Association  previously                                                              
indicated that  truck drivers  usually use  radios since  the cell                                                              
phone reception is "spotty" on the "Haul Road."                                                                                 
                                                                                                                                
2:52:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked for  clarification  on the  fiscal                                                              
note.                                                                                                                           
                                                                                                                                
MR. BOYLE  responded that the  only fiscal  note is a  zero fiscal                                                              
note from the Department of Law.                                                                                                
                                                                                                                                
2:53:08 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  stated that  she would  like to  pass this  bill                                                              
out.  She offered to hold it to check on a DOT&PF fiscal note.                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG   pointed  out  that  the   bill  has  a                                                              
referral to  the House Judiciary  Standing Committee.   He offered                                                              
to  ensure  that  the  fiscal  note   from  the  DOT&PF  would  be                                                              
considered.                                                                                                                     
                                                                                                                                
2:53:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN expressed concern  that a citizen's  band                                                              
(CB) radio  might be  defined as  a cell phone.   He recalled  the                                                              
Alaska  Trucking Association  suggested excluding  "push to  talk"                                                              
radios, which are  often used in areas such as  the Dalton Highway                                                              
since that  area does  not have  cell phone  towers.  Perhaps  the                                                              
next committee of referral could consider this.                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG agreed.                                                                                                
                                                                                                                                
2:54:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   T.  WILSON  offered   that  she  does   not  feel                                                              
comfortable  without knowing  the  facts.   She  stated she  would                                                              
like to  know the impact  on government.   She offered  her belief                                                              
that the bill impacts government.                                                                                               
                                                                                                                                
CHAIR P.  WILSON related  that if  a fiscal note  is added  to the                                                              
bill that  it would  automatically  have a referral  to the  House                                                              
Finance Committee.                                                                                                              
                                                                                                                                
REPRESENTATIVE  T. WILSON  said she thought  the committee  should                                                              
look at the bill "as a whole."                                                                                                  
                                                                                                                                
CHAIR  P.  WILSON   stated  that  she  believes   that  the  House                                                              
Transportation Standing  Committee is  a policy committee.   While                                                              
the  committee  does  look  at  the  fiscal  impact,  the  primary                                                              
emphasis  is on  policy.   She indicated  her intent  to move  the                                                              
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  T. WILSON  suggested that  this is  a policy  call                                                              
since  the bill  would  affect not  only  the  fiscal impact,  but                                                              
communication  throughout  the agencies  that  currently use  cell                                                              
phones.                                                                                                                         
                                                                                                                                
REPRESENTATIVE JOHANSEN  said he thought that the  jurisdiction on                                                              
the fiscal  note is  the House  Finance Committee  as well  as the                                                              
House Judiciary  Standing Committee,  since the courts  fall under                                                              
its purview.  He  said he felt comfortable moving  the bill out of                                                              
committee.   He asked  about the  comments made  about the  Alaska                                                              
Trucking Association.   He asked  whether the comments  were based                                                              
on testimony.                                                                                                                   
                                                                                                                                
CHAIR P.  WILSON commented  that members should  have a  letter in                                                              
their packet.                                                                                                                   
                                                                                                                                
REPRESENTATIVE PETERSEN  related that  he is not  representing the                                                              
Alaska Trucking  Association.  He  recalled receiving a  memo from                                                              
the organization  so he  brought their  comments to the  attention                                                              
of the committee.                                                                                                               
                                                                                                                                
2:58:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response to  Chair Wilson,  related                                                              
that  the  memo  referred  to  was   from  Aves  Thompson,  Alaska                                                              
Trucking  Association  to  Cindy  Cashen,  Alaska  Highway  Safety                                                              
Office  (AHSO).    He reiterated  their  suggestion  that  perhaps                                                              
language on  a "push to talk"  device could clarify  the allowable                                                              
use of  such devices,  especially  along the  Dalton Highway.   He                                                              
offered  to  bring  the  matter  to the  attention  of  the  House                                                              
Judiciary  Standing  Committee   since  he  is  a  member  of  the                                                              
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   JOHANSEN,    in   response    to   Representative                                                              
Gruenberg, explained  that he relies  on the committee  process to                                                              
provide the  fiscal impact.   He maintained that  if a bill  has a                                                              
fiscal  impact  to  an  agency,  the bill  will  receive  a  House                                                              
Finance  Committee referral.    He pointed  out  that the  process                                                              
works.                                                                                                                          
                                                                                                                                
2:59:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  to  work with  the sponsor  and                                                              
Mr. Thompson on the bill.                                                                                                       
                                                                                                                                
2:59:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON removed her objection.                                                                                 
                                                                                                                                
REPRESENTATIVE  MUNOZ  moved  to  report  the  proposed  committee                                                              
substitute (CS) HB  257 labeled 26-LS1104\S out  of committee with                                                              
individual recommendations  and the accompanying fiscal  note from                                                              
the Department of Law.                                                                                                          
                                                                                                                                
REPRESENTATIVE  T. WILSON objected.   She  said she believed  that                                                              
there  are  laws  on  distraction.    This  is  just  another  way                                                              
government intrudes and will not result in any safer drivers.                                                                   
                                                                                                                                
REPRESENTATIVE   GRUENBERG  related   that  to   "deal  with   the                                                              
infraction for distraction"  requires proof of distraction.   This                                                              
bill  would make  it against  the law  to use the  hand held  cell                                                              
phone  and  will  not  require   proof  to  show  the  person  was                                                              
distracted.     He  related   it  is   very  difficult   to  prove                                                              
distraction  and HB 257  would make  it clear  that it  is against                                                              
the state's  policy while  using a  hand held phone.   He  said he                                                              
hoped the committee would move the bill.                                                                                        
                                                                                                                                
REPRESENTATIVE  T. WILSON  maintained her  objection.  She  stated                                                              
that she  read all  of the  information presented  on states  with                                                              
bans  on cell  phones.   She  said she  was  not convinced  people                                                              
would be safer if the bill passed.                                                                                              
                                                                                                                                
REPRESENTATIVE JOHANSEN  supported moving the bill  along although                                                              
he did not support the bill's concept.                                                                                          
                                                                                                                                
3:03:07 PM                                                                                                                    
                                                                                                                                
A roll  call  vote was  taken.   Representatives Johansen,  Munoz,                                                              
Petersen, Gruenberg,  and P.  Wilson voted  in favor of  reporting                                                              
HB 257,  labeled 26-LS1104\S,  Luckhaupt, 3/18/10 from  committee.                                                              
Representatives T. Wilson voted against it.                                                                                     
                                                                                                                                
Therefore,   CSHB  257(TRA)   was  reported   out  of  the   House                                                              
Transportation Standing Committee by a vote of 5-1.                                                                             
                                                                                                                                
CHAIR  P. WILSON  announced that  the CSHB  257(TRA) was  reported                                                              
out of the House Transportation Standing Committee.                                                                             
                                                                                                                                
3:04:25 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Transportation  Standing Committee meeting  was adjourned  at 3:04                                                              
p.m.