SENATE TRANSPORTATION COMMITTEE April 20, 1999 1:30 p.m. MEMBERS PRESENT Senator Jerry Ward, Chairman Senator Drue Pearce, Vice Chair Senator Rick Halford MEMBERS ABSENT Senator Mike Miller Senator Georgianna Lincoln COMMITTEE CALENDAR SENATE BILL NO. 135 "An Act relating to the membership of a metropolitan highway planning organization." -MOVED SB 135 OUT OF COMMITTEE PREVIOUS SENATE ACTION SB 135 - No previous action to report WITNESS REGISTER Mr. Dennis Poshard, Legislative Liaison/Special Assistant Department of Transportation & Public Facilities 3132 Channel Drive Juneau, AK 99801-7898 POSITION STATEMENT: Opposed SB 135 Mr. Bill Cummings, Assistant Attorney General Department of Law PO Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Opposed SB 135 ACTION NARRATIVE TAPE 99-09, SIDE A CHAIRMAN WARD called the Senate Transportation Committee meeting to order at 1:30 p.m. and brought SB 135 before the committee. He explained it was introduced by the Transportation Committee at Senator Donley's request, and would change the makeup of the AMATS Committee. Number 015 MR. DENNIS POSHARD, Legislative Liaison and Special Assistant to the Department of Transportation & Public Facilities (DOTPF), spoke in opposition to SB 135. He discussed the background of AMATS and metropolitan planning organizations. 23 USC 134 states that an MPO is designated by agreement among the governor and units of general purpose local government. The municipality and the governor must agree to changes in the MPO membership. In 1976 Governor Hammond designated the Municipality of Anchorage as an MPO with a policy committee comprised of the mayor, one municipal council member, and the commissioner of highways. Anchorage was later designated as a non-attainment area for carbon monoxide. In 1978 Governor Hammond designated the Municipality of Anchorage as the lead organization to develop and implement a plan to achieve air quality standards. At that time, the Department of Environmental Conservation (DEC) and the municipality signed an agreement which expanded the MPO policy committee to one assembly member and the commissioner of DEC. These agreements remain in effect today. MR. POSHARD highlighted the removal of the DEC representative as a specific problem in the bill. Limiting the Governor to one appointment would make DOTPF the representative, and the department feels it's not prudent to remove the expertise of DEC from the policy committee at this time. The second issue of concern is that of vested interest versus area- wide interest. Currently three members - DOTPF, DEC and the mayor - do not represent a specific portion of the municipality. Two assembly members do represent a specific area of the municipality. The potential of 4 assembly members and 2 legislators who represent a specific part of the community raises concern that vested interest in local projects may take priority over area-wide interests for the Municipality of Anchorage. MR. POSHARD concluded it's unclear what problem this bill is attempting to solve. The state and municipality currently have an excellent working relationship. This bill will not shorten the amount of time it takes to deliver a capital project, or change the process for determining transportation priorities in Anchorage. He discussed the resolution passed by the Anchorage Assembly last year opposing SB 259, a similar bill that the Governor opposed as well. The department feels the current process is adequate and cannot support SB 135. Number 103 MR. BILL CUMMINGS, Assistant Attorney General with Department of Law (DOL), stated DOL reviewed SB 135 and perceives two constitutional infirmities in the bill: it violates both the dual office holdings provision and the separation of powers doctrine of the Constitution. Legislators are prohibited from holding two offices or positions for profit in government under the dual offices holdings. The language of the bill states the legislative members of the MPO will serve without pay, but DOL believes it still violates the dual office provisions because it is an office, in effect, under DOTPF in the Executive Branch. Relating to the problem with the separation of powers, MR. CUMMINGS said some things are uniquely legislative, others are uniquely executive, and yet others are uniquely judicial. The functions to be performed by this committee are inherently uniquely executive. MR. CUMMINGS said this is not an argument the department has crafted since the introduction of this bill. A series of opinions by Attorneys General and bill reviews going back more than 20 years make the same observation about similar appointment patterns. He said DOL would voice its concerns if SB 135 passes, which likely will lead to a veto of the legislation. Number 148 SENATOR HALFORD moved SB 135 from committee with individual recommendations and accompanying fiscal notes. Hearing no objection, it was so ordered. With no further business before the committee, CHAIRMAN WARD adjourned at 1:40 p.m.