Legislature(2013 - 2014)CAPITOL 106

02/12/2013 08:00 AM House STATE AFFAIRS


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08:04:38 AM Start
08:05:18 AM HB46
08:34:22 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 46 WAIVE CDL SKILL TEST FOR CERTAIN VETERANS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 46-WAIVE CDL SKILL TEST FOR CERTAIN VETERANS                                                                     
                                                                                                                                
8:05:18 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  only order of business  was HOUSE                                                               
BILL  NO. 46,  "An Act  relating  to regulations  adopted by  the                                                               
Department  of   Administration  waiving  the   commercial  motor                                                               
vehicle  driving skills  test for  certain drivers  with military                                                               
commercial motor vehicle experience."                                                                                           
                                                                                                                                
8:06:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DAN  SADDLER,   Alaska  State   Legislature,  as                                                               
sponsor, presented HB 46.  He  opined that that Alaskans who have                                                               
honed their driving skills while  in the military deserve to have                                                               
that experience  validated in  the civilian world.   He  said the                                                               
proposed  legislation would  help  Alaska veterans  get jobs  and                                                               
Alaska  businesses get  qualified drivers  by acknowledging  that                                                               
military  drivers already  have  experience  as safe  [commercial                                                               
vehicle] drivers  in some of  the most challenging  conditions in                                                               
the  world.   He  said  many  of Alaska's  industries,  including                                                               
tourism, oil  field services,  construction, and  retail service,                                                               
require  their employees  to  hold  commercial driver's  licenses                                                               
(CDLs).                                                                                                                         
                                                                                                                                
REPRESENTATIVE  SADDLER   stated  that   in  2011,   the  federal                                                               
government  made changes  in law  to  allow states  to waive  the                                                               
skills tests  for a CDL  for recent veterans with  recent driving                                                               
experience and clean driving records.   He said the Federal Motor                                                               
Carrier Safety  Administration (FMCSA)  is encouraging  states to                                                               
allow such waivers.   He reported that as of  January 9, 2013, 34                                                               
states  had waived  the skills  test,  10 states  are working  on                                                               
similar  waiver bills,  and 7  states, including  Alaska, do  not                                                               
currently  accept  the  waiver.    He  said  HB  46  directs  the                                                               
Department of  Administration to adopt regulations  in accordance                                                               
with federal law to allow  such waivers, which would provide jobs                                                               
for veterans  and qualified  drivers for  Alaska businesses.   He                                                               
named  the  following individuals  as  being  in support  of  the                                                               
proposed legislation:   Mark San Souci, the  regional liaison for                                                               
the  U.S.  Department of  Defense;  Aves  Thomson, the  executive                                                               
director   of  the   Alaska  Trucking   Association;  and   Bruce                                                               
Bustamante, who is associated with the cruise line industry.                                                                    
                                                                                                                                
8:08:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON commended  the sponsor for HB  46, and he                                                               
opined that the  bill is timely.  He asked  why other states have                                                               
preceded Alaska in offering the waiver.                                                                                         
                                                                                                                                
REPRESENTATIVE SADDLER  said that Alaska  would have been  one of                                                               
the first  states to offer  the waiver  if a "good  faith effort"                                                               
had made it through the legislative process in 2012.                                                                            
                                                                                                                                
8:09:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES offered her  understanding that the federal                                                               
language  requires   the  military  veteran  to   have  driven  a                                                               
commercial vehicle  within 90  days of  applying for  the waiver.                                                               
She  asked if  there is  any leeway  regarding the  90 days;  she                                                               
ventured  that  some military  veterans  may  have two  years  of                                                               
experience and be very skilled but be past the 90-day mark.                                                                     
                                                                                                                                
REPRESENTATIVE SADDLER  offered his  understanding that  there is                                                               
no  leeway  regarding  the  90  days;  however,  he  offered  his                                                               
understanding there is a standardized  form on which the military                                                               
veteran's driving record and other information is written.                                                                      
                                                                                                                                
REPRESENTATIVE  HUGHES  asked  if   military  veterans  would  be                                                               
informed about the 90-day time limit.                                                                                           
                                                                                                                                
REPRESENTATIVE  SADDLER answered  he believes  so.   He indicated                                                               
that the  military members' blogs he  has seen on line  show that                                                               
this  [federal]  waiver is  available,  and  there are  lists  in                                                               
circulation  showing which  states  have adopted  the waiver  and                                                               
which  have  not.    He  remarked  that  with  the  drawdowns  of                                                               
authorized positions in the military,  the Pentagon is increasing                                                               
its efforts  to inform  its outgoing  personnel of  the available                                                               
opportunities.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  HUGHES   encouraged  sending  word   out  through                                                               
Alaska's military bases.                                                                                                        
                                                                                                                                
8:12:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES   asked  if  military   commercial  driver                                                               
training  prepares  drivers  for  the snowy  and  icy  conditions                                                               
prevalent in Alaska.                                                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER  responded that motor  transport operators                                                               
are trained  at Fort Wood, in  Missouri, and he said  he does not                                                               
think  there is  much  snow and  ice there.    He indicated  that                                                               
[military]  motor transport  operators face  hazardous conditions                                                               
around  the world.   He  said he  does not  know if  the specific                                                               
training regimen  includes learning to  steer out of a  skid, for                                                               
example,  but  he surmised  that  "that's  probably part  of  the                                                               
standard educational package for drivers."                                                                                      
                                                                                                                                
REPRESENTATIVE HUGHES  ventured that a simulator,  if used, could                                                               
simulate ice and snow conditions.                                                                                               
                                                                                                                                
REPRESENTATIVE  SADDLER said  he  suspects that  any veteran  who                                                               
gets hired  to operate a  commercial vehicle in Alaska  would "go                                                               
through whatever training to make sure things were polished up."                                                                
                                                                                                                                
8:13:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER said at the time  he got his CDL, there was                                                               
no training  required for a  state CDL.   He said, "There  is the                                                               
simulator,   and  there   is  the   potential,  but   there's  no                                                               
requirement specifically for that, so  ... I don't think it would                                                               
be realistic to add that as a condition on the military."                                                                       
                                                                                                                                
8:13:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  said  her  training for  a  CDL  did  not                                                               
include training in the ice and snow.                                                                                           
                                                                                                                                
8:14:25 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN relayed that he drove a truck in Vietnam.                                                                            
                                                                                                                                
8:15:14 AM                                                                                                                    
                                                                                                                                
MARK  SAN  SOUCI,  Regional   Liaison  Northwest,  Defense  State                                                               
Liaison  Office,  Office of  the  Deputy  Assistant Secretary  of                                                               
Defense, Deputy  Under Secretary  of Defense  (Military Community                                                               
and Family  Policy), U.S. Department of  Defense (DoD), testified                                                               
in support  of HB  46.   He reported that  as of  September 2012,                                                               
736,000  veterans  were  unemployed,  and the  jobless  rate  for                                                               
veterans following [the terrorist  attacks of September 11, 2001]                                                               
was  9.9 percent,  with an  unemployment rate  for male  veterans                                                               
ages 18-24 of 18.1 percent.  He  said that in the past two years,                                                               
25  states have  enacted new  laws to  grant veterans  licensing,                                                               
academic,  and  occupational  credit.    He  mentioned  24  bills                                                               
resembling [HB  46] in 18 states,  and he indicated that  the DoD                                                               
would like the  legislature to support similar bills,  such as HB
84, which pertain to other occupations.                                                                                         
                                                                                                                                
MR. SAN SOUCI reported that  tractor/trailer driving ranks in the                                                               
top  ten of  all  military occupational  specialties;  it is  the                                                               
second  highest  occupation  in  the U.S.  Army,  with  almost  8                                                               
percent skilled in  it, and the second highest  occupation in the                                                               
U.S. Marines,  with over 5 percent  skilled in it.   He mentioned                                                               
an on  line occupational network,  which reported that  the truck                                                               
driving  field is  one of  the brightest  outlook fields,  with a                                                               
faster than average job growth projected  to be between 20 and 28                                                               
percent,  with over  100,000 new  jobs opening  between 2010  and                                                               
2020.                                                                                                                           
                                                                                                                                
MR. SAN SOUCI continued:                                                                                                        
                                                                                                                                
     You all  have already paid for  this veterans' training                                                                    
     within  the   DoD  schools  and   with  the   years  of                                                                    
     experience while  serving our  nation with  our federal                                                                    
     tax dollars,  and you  may well know  that a  lot could                                                                    
     (indisc.) of  veterans, and  the 2012  defense manpower                                                                    
     data  center  study  reported  that  Alaska  had  1,231                                                                    
     military separate  or retire  back to Alaska  in fiscal                                                                    
     year 2012, so at around  1,231 annually, you can expect                                                                    
     that  many  highly  qualified ex-military  people  will                                                                    
     continue to  enjoy Alaska's quality  of life,  and many                                                                    
     will  continue  to  choose   Alaska  when  choosing  to                                                                    
     transition into civilian careers.                                                                                          
                                                                                                                                
MR. SAN SOUCI, regarding a  previous question from Representative                                                               
Hughes, said with  the passage of the federal  (indisc.) Act last                                                               
year, military people now begin  to transition 18 months out from                                                               
their  separation  date; therefore,  they  are  attuned to  which                                                               
states  support  certain  occupations, including  truck  driving.                                                               
Regarding driver's  education, he  said, "I  know about  how they                                                               
dodge bullets  and bombs ...,  but not necessarily about  ice and                                                               
snow, but I can look further into that."                                                                                        
                                                                                                                                
8:19:26 AM                                                                                                                    
                                                                                                                                
AVES  THOMPSON, Executive  Director, Alaska  Trucking Association                                                               
(ATA), testified  in support  of HB 46.   He said  the ATA  is an                                                               
organization representing  the interests  of a  nearly 200-member                                                               
company.   He said one of  the pressing problems in  the industry                                                               
is  finding  qualified  drivers   for  commercial  vehicles  that                                                               
deliver freight.   He said a lot of time  is spent recruiting and                                                               
retaining good  drivers.   He noted that  the regulatory  bar has                                                               
been  raised  in the  last  few  years  to further  increase  the                                                               
professionalism of drivers  in the industry.   He emphasized that                                                               
truck  driving is  an occupation  that requires  a great  deal of                                                               
knowledge of regulations,  as well as driving  skills to navigate                                                               
large rigs through the highway  system.  Mr. Thompson stated that                                                               
through  training  and  experience, Alaska's  commercial  vehicle                                                               
drivers have become  some of the best drivers in  the nation, and                                                               
their skill has preserved not only  their lives, but the lives of                                                               
others on the road.                                                                                                             
                                                                                                                                
MR. THOMPSON  said the industry  welcomes returning  veterans and                                                               
the opportunity to  do something that will both  support them and                                                               
help  the industry.   He  stated that  retired military  veterans                                                               
have had  some of the  best truck driving training  available and                                                               
will have recent hands on  experience driving big rigs; therefore                                                               
the ATA  supports waiving the skills  test for the issuance  of a                                                               
commercial  driver's licenses  to those  veterans.   Mr. Thompson                                                               
noted that he  is a military veteran, and he  urged the committee                                                               
to support HB 46.                                                                                                               
                                                                                                                                
8:21:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  thanked  Mr. Thompson  for  watching  the                                                               
legislative process and for his hard work.                                                                                      
                                                                                                                                
CHAIR LYNN said he thinks the committee shares those sentiments.                                                                
                                                                                                                                
8:22:10 AM                                                                                                                    
                                                                                                                                
JAMES HASTINGS,  Member, Veterans Advisory  Council,; Contractor,                                                               
Hero To  Hired (H2H),  U.S. Department  of Defense  (DoD), stated                                                               
that  the primary  mission of  H2H  is the  transition of  Guard,                                                               
Reserve, and  U.S. Military people  into the  civilian workforce.                                                               
He said  he has been  charged by  the Department of  Military and                                                               
Veterans Affairs  (DMVA) to recruit and  retain "great Americans"                                                               
to  remain in  the  Alaska workforce.   Part  of  that effort  is                                                               
communicating directly  with each one  of the U.S.  Army National                                                               
Guard ("Guard") and U.S. Army  Reserve ("Reserve") members and to                                                               
work with  the U.S. Army  Career and  Alumni Program (ACAP).   He                                                               
told Representative  Hughes that  while there  is no  formal "ice                                                               
and slick road training," hazard  training is "the most important                                                               
thing that we do."   He said he has seen  soldiers with much more                                                               
experience than most  in much worse situations, but  with no CDL.                                                               
Regarding hazard training,  he stated, "Yes, they  are trained in                                                               
Alaska."   He said, "I  would recommend  that ... along  with the                                                               
blessing  ...,  we  do  ensure  that  there  is  some  additional                                                               
acknowledgment  and   recognition  -  at  least   of  the  unique                                                               
conditions that we face."                                                                                                       
                                                                                                                                
8:24:58 AM                                                                                                                    
                                                                                                                                
MR. HASTINGS said ACAP is  the transitional program through which                                                               
each soldier must  participate once he/she has  made the decision                                                               
to depart.   At  that point,  the military  person is  briefed on                                                               
everything that  is available  to him/her.   He reported  that in                                                               
that last two quarters of [2012],  there were 50 CDL imports into                                                               
Alaska, which  means "they exported  our funds at  the completion                                                               
of their  job, because they could  not locate CDL drivers."   Mr.                                                               
Hastings opined  that there are  soldiers going  through training                                                               
to get  their CDLs  who should  not have to  do so,  because they                                                               
already have that skill set,  and tuition assistance funds - paid                                                               
for through  the GI  bill - could  be better spent.   He  said he                                                               
spoke with companies that related  they have CDL drivers who lack                                                               
experience, which he  opined demonstrates how important  it is to                                                               
get those military veterans with CDLs to work.                                                                                  
                                                                                                                                
8:26:51 AM                                                                                                                    
                                                                                                                                
MR.  HASTINGS,   in  response  to   Chair  Lynn,   said  Northern                                                               
Industrial Training has a [CDL  training facility] in Wasilla and                                                               
one in Anchorage,  and offered his understanding  that the course                                                               
is  six  weeks  and  costs  about $5,000.    He  said  the  state                                                               
reimburses up  to $2,500 to  military veterans, but  the veterans                                                               
must cover the remaining $2,500, which is a lot of money.                                                                       
                                                                                                                                
8:27:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER said he received  training in the military.                                                               
He asked  if there are other  areas in which the  state regulates                                                               
licenses  that the  legislature  could consider  [with regard  to                                                               
allowing waivers for military veterans].                                                                                        
                                                                                                                                
MR.  HASTINGS  stated his  belief  that  there are  other  areas,                                                               
including welding and equipment operations.   He said he is a fan                                                               
of  the union  operators  course, which  is  a 12-week,  in-house                                                               
course.   He  said he  supports  allowing a  waiver to  "certain"                                                               
veterans,  because   "not  everyone's  got  the   same  level  of                                                               
capability,"  and  he  recommended operating  on  a  case-by-case                                                               
basis.   He said he  likes the  opportunity to "condense  some of                                                               
this stuff."   He  stated that  someone in  the armed  forces for                                                               
three years  - no  matter how much  experience he/she  has during                                                               
that time  - cannot  have the  same experience  as a  senior non-                                                               
commissioned  officer or  field-grade officer,  for example.   He                                                               
said, "I  think there should  be a  little bit of  an opportunity                                                               
for a pre-test or a pre-examination  and say, 'Okay, you can test                                                               
out  to this  portion, but  we've  got to  get you  to the  final                                                               
breaking piece.'"                                                                                                               
                                                                                                                                
REPRESENTATIVE KELLER  surmised that additional waivers  may need                                                               
to be proposed in separate legislation.                                                                                         
                                                                                                                                
MR.  HASTINGS said  he  would rather  see [HB  46  pass] now  and                                                               
address other issues  later, because a lot of  issues were missed                                                               
last year that  would have been nice not to  have to address this                                                               
year.                                                                                                                           
                                                                                                                                
8:30:36 AM                                                                                                                    
                                                                                                                                
MR.  HASTINGS, in  response to  Representative Hughes,  clarified                                                               
that the aforementioned $2,500  training reimbursement applies to                                                               
those  in the  U.S.  Army  National Guard  or  U.S. Air  National                                                               
Guard.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  HUGHES  expressed  appreciation of  a  plan  that                                                               
could save state funds.                                                                                                         
                                                                                                                                
8:31:58 AM                                                                                                                    
                                                                                                                                
MR. HASTINGS  noted that  H2H has  54 representatives  across the                                                               
U.S., and  he said he will  work with any [veteran]  who wants to                                                               
come to Alaska.                                                                                                                 
                                                                                                                                
8:32:35 AM                                                                                                                    
                                                                                                                                
AMY ERICKSON,  Director, Division  of Motor  Vehicles, Department                                                               
of Administration (DOA), confirmed  that sponsor's statement that                                                               
the FMCSA  is urging states  to adopt  programs to allow  for the                                                               
aforementioned waiver.  She said,  if asked, the DMV will fashion                                                               
its regulation according to the federal rules and HB 46.                                                                        
                                                                                                                                
8:33:24 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
8:33:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER moved  to report  HB 46  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There  being no objection, HB 46 was  reported out of the                                                               
House State Affairs Standing Committee.                                                                                         

Document Name Date/Time Subjects
01 HB0046A.pdf HSTA 2/12/2013 8:00:00 AM
HB 46
02 HB 46 Sponsor Statement.pdf HSTA 2/12/2013 8:00:00 AM
HB 46
03 HB 46 USDOT - Federal Motor Carrier Safety Admin CDL Info.pdf HSTA 2/12/2013 8:00:00 AM
HB 46
04 HB 46 Additional and supporting documents.pdf HSTA 2/12/2013 8:00:00 AM
HB 46
05 HB 46 Alaska CDL Statute and DMV Info.PDF HSTA 2/12/2013 8:00:00 AM
HB 46
06 HB 46 AS 28.33.100 License to Drive Commercial Motor Vehicle.pdf HSTA 2/12/2013 8:00:00 AM
HB 46
07 HB046-DOA-DMV-2-08-13.pdf HSTA 2/12/2013 8:00:00 AM
HB 46
08 HB 46 Letter of Support - DOD State Liaison Office.pdf HSTA 2/12/2013 8:00:00 AM
HB 46
09 HB 46 Letter of Support - Princess Cruise Bruce Bustamente.pdf HSTA 2/12/2013 8:00:00 AM
HB 46
10 HB 46 - Aves Thompson Testimony House STA HB46 CDL Vets 20130212.pdf HSTA 2/12/2013 8:00:00 AM
HB 46