Legislature(2015 - 2016)CAPITOL 17
03/24/2016 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB186 | |
| HB230 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 186 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 230 | TELECONFERENCED | |
HB 186-RESTRICTED OFF HWY DRIVER'S LICENSE
1:09:06 PM
CO-CHAIR HUGHES announced that the first order of business would
be HOUSE BILL NO. 186, "An Act relating to vehicle registration;
relating to off-road system restricted noncommercial drivers'
licenses; relating to off-road system eligible areas; and
relating to motor vehicle liability insurance."
1:09:39 PM
REPRESENTATIVE JONATHAN KREISS-TOMKINS, Alaska State Legislature
explained that off-highway driver's licenses are something he
had no previous familiarity with; however, over 1,000 exist in
rural Alaska's off-highway designated communities. He stated
that there is a certain category of community where the
residents are considered ineligible, and that HB 186 is a means
to rectify the situation. Two problematic criteria are:
communities connected to the ferry system are categorized as on-
highway communities for the purposes of off-highway driver's
license eligibility; and the Department of Motor Vehicles (DMV)
uses a traffic count of over 499 to determine off-highway
ineligibility. He pointed out that DMV has conducted few
traffic counts in rural Alaska, and the locales where counts
have been taken are primarily communities connected to the ferry
system. He stated that with passage of HB 186 there would be
four communities made eligible for off-highway driver's
licenses. He explained that the proposed legislation would also
remove the potential for communities, such as Hooper Bay, to be
made ineligible if a traffic count were ever conducted there.
1:14:13 PM
REPRESENTATIVE CLAMAN clarified that Hoonah, Kake, Seldovia, and
Angoon are the four communities that would become eligible for
off-highway driver's licenses. He asked whether HB 186 would
change the driver's license application process.
REPRESENTATIVE KREISS-TOMKINS answered that the bill doesn't
alter the application process, it only clarifies which
communities are eligible. Also, if a person lives in a
community that is presently ineligible, he/she would not be
allowed to get an off-highway license.
REPRESENTATIVE CLAMAN clarified: "If I were in Angoon, even
though it's a small community, I couldn't apply for an off-
highway license, where as if I was in Sand Point, I could."
REPRESENTATIVE KREISS-TOMKINS answered that he was correct, and
noted, currently, there are communities with ferry system
connections that are eligible for off-highway designation.
1:16:34 PM
CO-CHAIR HUGHES offered her assumption that the discrepancy
might be from an infrequency of ferry service.
REPRESENTATIVE CLAMAN offered his understanding that both Angoon
and Sand Point have ferry service.
REPRESENTATIVE KREISS-TOMKINS answered correct.
1:17:15 PM
CO-CHAIR HUGHES noted that Sand Point has less frequent ferry
service than Angoon. She inquired about the number of DMV
offices located in Southeast Alaska, and expressed surprise
that, if the bill is adopted, there would not be more
communities becoming eligible.
1:18:13 PM
BARRET WILBUR, Staff, Representative Johnathan Kreiss-Tomkins,
Alaska State Legislature, explained that many of the larger
communities have DMV offices, including: Sitka, Petersburg,
Ketchikan, Wrangell, and Prince of Wales (POW). She said that
many Southeast communities have driving access to a DMV office.
She noted that Hoonah, Angoon, Seldovia, and Kake are four
communities that would be allowed off-highway designation if HB
186 were to pass. She offered to provide further information
regarding which communities would be included with the passage
of HB 186.
1:18:59 PM
REPRESENTATIVE KREISS-TOMKINS added that a number of small
Southeast communities, including Port Alexander, Tenakee
Springs, and Pelican, would not become eligible due to the lack
of roads in those locales.
CO-CHAIR HUGHES noted that Gustavus and Sand Point are
communities with limited ferry service in Southeast Alaska, and
she asked whether there are any other non-boardwalk communities
that might become eligible, and directed attention to the
committee packet, and the alphabetical list titled, "Current
Communities Exempt from Registration and Insurance, Eligible for
Off-Highway Restricted Driver's Licenses," 2.2.2016 She noted
that Gustavus is on the list even though it has ferry service,
and noted that part of the criteria is whether or not a
community has access to a DMV office.
REPRESENTATIVE KREISS-TOMKINS explained that Gustavus is on the
list because for many years it did not have ferry service.
1:21:26 PM
REPRESENTATIVE ORTIZ asked whether or not there would be any
added significant financial responsibilities placed on the
Department of Transportation & Public Facilities (DOTPF), if the
legislature were to pass HB 186.
REPRESENTATIVE KREISS-TOMKINS responded no.
1:22:05 PM
CO-CHAIR HUGHES asked for further information on the specific
communities, including the number of paved road miles and posted
speed limits. She stated concern for public safety, and
speculated about young driver activity. She said when a newly
licensed 16 year old gets on the road it is not too bad if they
are just going short distances on unpaved roads. She explained
her concern is for a community with enough road surface for
teenagers to attain dangerous speeds.
1:22:52 PM
REPRESENTATIVE KREISS-TOMKINS reported having visited the four
named communities, and said all are coastal communities, and all
have logging road connections. He offered his knowledge that
Seldovia has a few miles of road, Kake and Hoonah have more than
a few miles, and Angoon is restricted because of its proximity
to the national monument. He offered his assumption that there
were presently off-highway eligible communities that had
significant amounts of road miles, such as the Yukon community
of Ruby, but said he did not know the exact mileage.
CO-CHAIR HUGHES opined that HB 186 would not result in the
addition of communities which have a great number of miles, thus
minimizing public safety risks. Further, the communities that
would become eligible are comparable to those already on the
list and could show safe operations under established standards.
REPRESENTATIVE KREISS-TOMKINS explained that Angoon, Kake, and
Hoonah were at one point off-highway eligible, but then
regulations changed and they became ineligible. He said because
of the change a lot of people had off highway licenses in
communities that were no longer eligible. Three communities
with which he is most familiar hold universal support for this
change, he reported, and said he suspects there these locales
have some unlicensed drivers due to inaccessibility to a DMV
office.
1:26:14 PM
MS. WILBUR informed the committee that the department conducts a
study semi-annually and assigns different designations to every
community in the state. The four named communities all have the
same functional classifications as communities already on the
off-highway eligibility list.
CO-CHAIR HUGHES inquired as to why the regulation was changed
and when it was effected; suggesting that perhaps it was handled
via departmental regulation.
MS. WILBUR responded that the policy has been in place since at
least the early 1980's; however, DMV did not provide the
sponsor's office with the start date.
CO-CHAIR HUGHES maintained her interest in knowing the year the
communities were removed from the list and what the reason was
for the removal. She offered her assumption that the change was
made through regulation, not by statute, and asked why statute
is being considered now.
1:29:53 PM
MS. WILBUR stated that the DMV does not keep records of
communities that are removed. Removal can result for reasons
such as establishment of a local DMV office, or a traffic count
resulting in a number over the 499 limit. She explained that
the 499 traffic count requirement is in statute and governs
insurance and registration exemptions, thus, the sponsor's
pursuit to affect change through legislation versus regulation.
1:31:24 PM
CO-CHAIR HUGHES clarified that Angoon may have been removed from
the off-highway designation list in 2005.
MS. WILBUR stated her understanding that it has been at least 10
years since Angoon was on the off-highway eligibility list.
CO-CHAIR HUGHES inquired as to how the change would affect
insurance rates.
MS. WILBUR explained that the 294 communities designated as off-
highway are currently exempt from insurance, and said adding
four more communities will in no way affect insurance policies
or rates.
1:33:04 PM
REPRESENTATIVE CLAMAN stated his belief that a Sand Point
resident who collides his truck into his neighbor's vehicle can
be remedied against, but not through an insurance company, as
Sand Point residents are not required to carry insurance.
MS WILBUR confirmed that statute does not require off-highway
driver's license holders in off-highway communities to insure or
register their vehicles, although many residents still carry
insurance.
REPRESENTATIVE CLAMAN summarized that if minimum insurance
requirements are not met, in the majority of areas throughout
the state, a ticket is issued, but not in Sand Point.
CO-CHAIR HUGHES asked whether tickets are being issued in the
exempt communities citing residents for not being licensed
drivers and not having insurance.
REPRESENTATIVE KREISS-TOMKINS answered yes. He said that over
the course of four years, from 2012 to 2015, there have been a
total of ten charges filed, but they were inclusive to municipal
police departments. He opined it is not with overwhelming
frequency that drivers are ticketed and that it is most likely a
"look-away situation".
CO-CHAIR HUGHES opened public testimony on HB 186.
1:37:43 PM
MANNY BUDKE stated that he has a driver's license which he
characterized as being "hard-earned." He explained that to
receive his license, he had to foot the cost to ferry his car to
Juneau and align the sailing date with a date on when DMV
offered road tests, which presented a scheduling difficulty.
Additionally, he had scheduling conflicts with his parents that
created further complications and extended the wait time for him
to become a licensed driver. Logistically it was very difficult
to get a driver's license living in a remote community, he
stressed and said that HB 186 would make it much easier for new
drivers to get their licenses.
CO-CHAIR HUGHES inquired why Sand Point and Gustavus were on the
list under the current statue and regulations, recalling that
Gustavus lacked ferry service for some time and Sand Point has
limited service.
1:40:46 PM
AUDREY O'BRIEN, Manager, Juneau Driver Services, Division of
Motor Vehicles (DMV), Department of Administration (DOA),
offered her understanding that Sand Point is subject to
infrequent ferry service and a traffic count has not been
conducted. She explained that Gustavus is on the list and the
division exercises caution when removing any communities that
have previously held off-highway designation. She added that
the traffic count for Gustavus is outdated, last conducted in
2012.
REPRESENTATIVE CLAMAN opined that this was a useful and
interesting bill, especially for identifying how the state
determines and handles rural communities. He asked Ms. Erickson
for the department's official stance on HB 186.
1:42:28 PM
MS. ERICKSON replied that DMV supports the bill because they
understand the challenges many rural residents face when
obtaining driver's licenses. She opined that mandatory
insurance, vehicle registration, and off-highway licenses are
inextricably linked and a conversation about public safety in
relationship to this change, is in order.
1:42:53 PM
REPRESENTATIVE CLAMAN noted the previous concern for making his
a statutory versus regulatory matter. He inquired whether
pursuing this as a regulatory matter would be problematic
because of existing statute.
MS. ERICKSON responded, "Yes," and said DMV regulations relate
to the off-highway restriction, but mandatory insurance and
vehicle registration reside in statute.
1:43:35 PM
CO-CHAIR HUGHES announced that HB 186 would be held over and
public testimony would remain open.