Legislature(2007 - 2008)CAPITOL 106
02/20/2007 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Subcommittee Report | |
| HB126 | |
| HB88 | |
| HB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 109 | TELECONFERENCED | |
| *+ | HB 126 | TELECONFERENCED | |
| *+ | HB 117 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 88 | TELECONFERENCED | |
HB 126-DRIVER'S LICENSES AND PERMITS 8:01:38 AM CHAIR LYNN announced that the first order of business was HOUSE BILL NO. 126, "An Act relating to driver's licenses and permits, commercial driver's licenses, and other motor vehicle laws; relating to the driver's license compact; and providing for an effective date." 8:01:51 AM RANDY RUARO, Staff to Representative Kyle Johansen, Alaska State Legislature, introduced HB 126 on behalf of Representative Johansen, prime sponsor. He said the language of nine-tenths of the bill would bring Alaska's Division of Motor Vehicles' regulations in compliance with federal mandates related to commercial driver's licenses (CDLs). He related that the state faces incurring a financial penalty [which would result in the loss of] federal highway aid funds, estimated to be $7 million in fiscal year 2008 (FY 08), and up to $14 million in FY 09, with continued penalties thereafter. He said it is not possible to determine what those future amounts would be because [funds from] the [Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)] run out in FY 09 and it is unknown what the federal appropriation amounts will be after that. He said additionally there are some penalties imposed on the state's ability to issue CDLs in the future. He said there are representatives from the Division of Motor Vehicles available to answer questions. 8:03:48 AM MR. RUARO, in response to a question from Representative Roses, said the other portion of the bill [in Section 1] offers language to revoke the September 1 expiration date for school bus drivers. He offered his understanding that that change was requested by the DMV because it cannot handle all the expirations occurring at one time. He said there is a portion of the bill [in Section 3] that would, under certain conditions, exempt those operating snow removal equipment from CDL requirements. He said, "That's a discretionary piece under the federal law that the state DMV has chosen to accept." 8:05:38 AM MR. RUARO, in response to Representative Johnson, provided a sectional analysis [included in the committee packet]. 8:06:32 AM REPRESENTATIVE JOHNSON, regarding Mr. Ruaro's previous statement about federal funds that would be lost, noted that sometimes federal monies are not lost, but are [redirected]. He asked if that may be the case. 8:06:53 AM MR. RUARO confirmed that the federal money, if withheld, would not subsequently be available to the state. He referenced 49 U.S.C. 31314(c). 8:07:22 AM REPRESENTATIVE ROSES directed attention to page 5, lines 6-7, and noted that the expiration date was deleted, but has not been replaced with a new one. 8:08:18 AM KERRY HENNINGS, Driver Licensing Manager, Division of Motor Vehicles (DMV), Department of Administration (DOA), explained that removing the aforementioned expiration date for the bus drivers would allow the DMV to add the endorsement to the CDL and bring the division into compliance. She said the division had not done that previously because there was a law in the books about tuberculin testing; however, the Department of Education repealed that law in 2005. 8:10:05 AM CHAIR LYNN, after ascertaining that there was no one else to testify, closed public testimony. 8:10:16 AM REPRESENTATIVE COGHILL said he always bristles when the federal government dictates what the state must do, although he said he understands the need for compliance. He directed attention to a letter in the committee packet, [dated January 31, 2007], from John H. Hill [to Governor Sarah Palin], and he stated that the letter "sounds a little bit more like an extortion letter." He said he would not vote against the bill, but he would be signing with a "no recommendation." Representative Coghill added that he plans to ask about the fact that there is no fiscal note when the next committee of referral hears the bill. 8:11:29 AM CHAIR LYNN said it sounds like the state can get free money if it votes to do so, but there are strings attached. He said, "I don't care for it either." 8:11:52 AM REPRESENTATIVE ROSES observed how long it has been since [the Motor Carrier Safety Improvement Act of 1999 (MCSIA)] was enacted. He continued: It sounds as though one of the stipulations that we had trying to correct this in the past was part of the issue over the [tuberculosis (TB)] test that the bus drivers had to take and trying to move that over under the CDL license. So, it looks like there's a number of things in place that we've sort of pushed ourselves into a corner to where it's become a little bit more imperative that we act now than it would have if we'd have reacted in '99 or 2000. ... But I'm like you: that anvil hanging over your head is one [approach] I've never particularly appreciated ..., but I understand the necessity. 8:12:41 AM CHAIR LYNN reopened public testimony. 8:13:21 AM AVES THOMPSON, Executive Director, Alaska Trucking Association, Inc. (ATA), testified in support of HB 126. He paraphrased his written testimony, which read as follows [original punctuation provided]: The Alaska Trucking Association is a state wide organization representing trucking interests from Barrow to Ketchikan. In another three weeks, we will th conduct our 49 Annual Meeting celebrating over 49 years of representing our industry in Alaska. Our more than 200 members represent all of the diverse trucking operations in the state and many associate members who provide goods and services to our industry. On behalf of ATA, I thank you for the opportunity to testify in support of HB126. HB 126 is an important bill relating to commercial drivers licenses, DMV operations and other driver issues. In reviewing the bill, we are in agreement with the intent of the bill to reduce the number and severity of commercial motor vehicle related fatalities and injuries. Alaska has had an admirable commercial vehicle safety record over the years and we support efforts to continue to improve safety for commercial vehicles. One of the elements of our mission statement is to "…promote highway and driver safety." Provisions of the bill will bring Alaska into compliance with Federal Motor Carrier Safety Administration regulations which will eliminate the possibility of federal sanctions against our federal- aid highway funds. These funds are currently in jeopardy due to Alaska's non-compliance. Exemptions are included to expand the military exemption language to include more service members and to allow a non-CDL holder to operate snow removal equipment in case of emergency. In line with FMCSA [Federal Motor Carrier Safety Administration] regulations, this change also allows a non-resident to operate a CMV [commercial motor vehicle] using their home state license. Bill language clearly states that 19 year old drivers may be issued a CDL to operate in intra state commerce. This clears up some previous ambiguities. Many of the changes update penalties for drivers for disqualifying offenses. This will assist in keeping bad or unfit drivers off our highways thereby improving the safe driving environment. In closing, Mr. Chairman and members of the committee, we support HB126 and urge the committee to move the bill with do pass recommendations. 8:16:10 AM CHAIR LYNN closed public testimony. 8:16:18 AM REPRESENTATIVE JOHANSEN moved to report HB 126 out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, HB 126 was reported out of the House State Affairs Standing Committee.
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