Legislature(2023 - 2024)BARNES 124

04/18/2023 01:00 PM House TRANSPORTATION

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Audio Topic
01:02:11 PM Start
01:04:15 PM HB124
01:23:58 PM Confirmation Hearing(s): Board of Marine Pilots
01:37:05 PM HB128
01:44:22 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor’s Appointees: Board TELECONFERENCED
of Marine Pilots - Edward Sinclair
*+ HB 124 LICENSE REQUIREMENTS: COMM. DRIVERS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 128 OIL TERMINAL FACILITY TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
           HB 124-LICENSE REQUIREMENTS: COMM. DRIVERS                                                                       
                                                                                                                                
1:04:15 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE announced that the  first order of business would be                                                               
HOUSE BILL NO. 124, "An  Act relating to commercial motor vehicle                                                               
drivers'  license requirements;  and providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
1:05:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JULIE  COULOMBE,  Alaska  State  Legislature,  as                                                               
prime sponsor,  presented HB  124.   She paraphrased  the sponsor                                                               
statement  [included  in the  committee  packet],  which read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     House   Bill  124   repeals  the   requirement  in   AS                                                                    
     28.33.100(a)(2)   that   requires  applicants   for   a                                                                    
     Commercial  Driver's License  (CDL) to  hold a  regular                                                                    
     Alaska driver's  license for at  least one  year before                                                                    
     they can begin the process of obtaining a CDL.                                                                             
                                                                                                                                
     This requirement  was enacted in 1985  before state and                                                                    
     federal   regulators   modernized  the   training   and                                                                    
     licensing  standards  for  CDLs. Today,  an  individual                                                                    
     seeking  a CDL  has an  extensive training  and testing                                                                    
     process  to go  through  to ensure  they  are ready  to                                                                    
     safely drive commercial vehicles.                                                                                          
                                                                                                                                
     On  the state  level, a  prospective commercial  driver                                                                    
     must pass  a written test  at the  DMV to obtain  a CDL                                                                    
     Learners  Permit  and then  a  driving  test to  obtain                                                                    
     their  full   license.  Beginning  in   February  2022,                                                                    
     federally mandated  Entry Level Driver  Training (ELDT)                                                                    
     requirements must also be met  during the CDL Learner's                                                                    
     Permit  stage.   ELDT  requires   comprehensive  theory                                                                    
     testing  and a  driving  evaluation  process to  ensure                                                                    
     that CDL  applicants possess  the necessary  skills and                                                                    
     knowledge  to operate  commercial  vehicles safely  and                                                                    
     efficiently.  With   these  new  safety   and  training                                                                    
     standards,  the   one-year  regular   driver's  license                                                                    
     requirement now  only serves as a  barrier to workforce                                                                    
     development.                                                                                                               
                                                                                                                                
     The Alaska  Trucking Association estimates  that Alaska                                                                    
     is  about 500  truck drivers  short, presenting  a risk                                                                    
     both  to  food  security   and  major  new  development                                                                    
     projects in  industries like construction,  mining, oil                                                                    
     and gas, etc. For young  people in urban areas, getting                                                                    
     a  driver's  license  at 16  is  common.  However,  for                                                                    
     people coming from rural  communities, a growing number                                                                    
     of  urban  youth  waiting to  get  their  license,  and                                                                    
     newcomers   to   the    county   (including   Ukrainian                                                                    
     refugees), the  year-long wait  to start  the licensing                                                                    
     process  often  prevents  the  trucking  industry  from                                                                    
     being a viable career option.                                                                                              
                                                                                                                                
     Repealing   the  one-year   regular  driver's   license                                                                    
     requirement  aligns  Alaska's   CDL  requirements  with                                                                    
     modern  federal standards  and removes  a barrier  to a                                                                    
     workforce  that, although  relatively  small, is  ready                                                                    
     and willing.  With the passage  of HB 124,  Alaska will                                                                    
     better  be able  to meet  our commercial  vehicle needs                                                                    
     and  empower Alaskans  to pursue  meaningful employment                                                                    
     critical to our state."                                                                                                    
                                                                                                                                
1:08:43 PM                                                                                                                    
                                                                                                                                
DANIEL ROBINS,  Staff, Representative  Julie Coulombe,  on behalf                                                               
of   Representative  Coulombe,   prime   sponsor,  provided   the                                                               
sectional  analysis  for  HB  124   [included  in  the  committee                                                               
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     Sec 1.    Amends  AS 28.33.100(a) to  remove subsection                                                                    
     (2)  which  requires  an  applicant  for  a  Commercial                                                                    
     Driver's  License  to  have  held  a  regular  driver's                                                                    
     license for at least one  year before beginning the CDL                                                                    
     certification process.                                                                                                     
                                                                                                                                
     Sec 2.  Sets January 20, 2024, effective date.                                                                             
                                                                                                                                
1:10:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES asked how  long commercial driver's license                                                               
(CDL) training is.                                                                                                              
                                                                                                                                
MR. ROBINS answered  that getting a permit and a  CDL takes about                                                               
three to  four weeks.   In response  to a follow-up  question, he                                                               
clarified that  an applicant must  first get a permit  CDL before                                                               
acquiring a CDL.                                                                                                                
                                                                                                                                
1:11:43 PM                                                                                                                    
                                                                                                                                
JOE  MICHEL,  Executive  Director,  Alaska  Trucking  Association                                                               
(ATA), stated ATA fully supports HB  124.  He said the passage of                                                               
HB 124 would  eliminate one of many barriers to  entry for people                                                               
to begin a  career in trucking and transportation.   He said that                                                               
in   February   2022,   the    Federal   Motor   Carrier   Safety                                                               
Administration  (FMCSA)   implemented  its  entry   level  driver                                                               
training   (ELDT)   program,   establishing   "minimum   training                                                               
requirements   for    entry-level   commercial    motor   vehicle                                                               
operators."   He  shared that  this  program came  from years  of                                                               
engagement  with   safety  organizations,  industry,   and  other                                                               
stakeholders,  and provides  a checklist  of  over 100  different                                                               
skill,  inspection, and  knowledge  requirements applicants  must                                                               
prove proficient  in before they are  allowed to test for  a CDL.                                                               
Considering these new requirements,  he said that the association                                                               
views holding a  regular driver's license for a  calendar year as                                                               
a redundant barrier to entry into the industry.                                                                                 
                                                                                                                                
MR. MICHEL told members to  consider that potential truck drivers                                                               
undergo four  skill tests before  being out  on Alaska roads:   a                                                               
driving test by the Division of  Motor Vehicles (DMV) to obtain a                                                               
regular  driver's  license;  a  test  during  the  ELDT  program,                                                               
administered  by a  registered  training provider;  the CDL  test                                                               
administered by  the DMV; and  a competency test  administered by                                                               
the companies  that hire the drivers.   He stated that  ATA feels                                                               
these checkpoints are adequate to  ensure safety.  He pointed out                                                               
that there  is a small  but growing  group of truck  drivers from                                                               
outside  of the  United States  that have  chosen to  make Alaska                                                               
their home,  who are qualified and  want to work at  their chosen                                                               
profession but  must wait a year  before they can earn  for their                                                               
families  and themselves.    He said  these  newcomers to  Alaska                                                               
still would  have to  take ELDT  and prove their  skill set.   He                                                               
commented  that HB  124  would allow  these  potential drivers  a                                                               
chance to  earn a living sooner  than under current laws,  and he                                                               
reiterated that the ATA encourages the passage of HB 124.                                                                       
                                                                                                                                
1:14:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MINA asked Mr. Michel  what the training standards                                                               
are  in   other  states,  and   if  others  also   have  one-year                                                               
requirements.                                                                                                                   
                                                                                                                                
MR. MICHEL  answered that  it is a  "patchwork" in  other states.                                                               
He elaborated that  there are states that do not  have a one-year                                                               
driver's  license  requirement,  and  he  shared  that  Ukrainian                                                               
refugees who came to Alaska  had moved to Pennsylvania since they                                                               
were unaware of the requirement.                                                                                                
                                                                                                                                
REPRESENTATIVE MINA inquired about seasonal truck drivers.                                                                      
                                                                                                                                
MR. MICHEL  said there  are many drivers  that do  seasonal work,                                                               
whether it  be doing long hauls  in the Lower 48  and then coming                                                               
to Alaska, or  working during oil season and  taking summers off,                                                               
as examples.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MINA, noting  that  seasonal  workers hold  CDLs,                                                               
asked how  the one-year Alaska  license requirement  has impacted                                                               
non-residents who are working in the state as truckers.                                                                         
                                                                                                                                
MR.  MICHEL  answered  that  95  percent  of  regulations  around                                                               
trucking  are  done  on  a  national  level,  thus,  the  CDL  is                                                               
transferrable throughout the nation.                                                                                            
                                                                                                                                
1:16:46 PM                                                                                                                    
                                                                                                                                
MR. MICHEL,  in response to  Representative Stutes,  repeated the                                                               
four skills test steps he had previously outlined.                                                                              
                                                                                                                                
1:18:22 PM                                                                                                                    
                                                                                                                                
JOEY  CRUM,  President  and  CEO,  Northern  Industrial  Training                                                               
(NIT), explained  NIT trains people  to enter the  workforce, and                                                               
its  workforce development  specialists work  with employers  and                                                               
community organizations  to determine  what needs  to be  done to                                                               
prepare a  local workforce for  opportunity.  He said  that NIT's                                                               
strongest  program trains  people to  drive commercial  vehicles,                                                               
and that  people statewide  come to  NIT's various  facilities in                                                               
Alaska.    He shared  that  HB  124  would  remove a  barrier  in                                                               
workforce flow,  and that  NIT has seen  young people  attempt to                                                               
attain a CDL but lose interest due to current statute.                                                                          
                                                                                                                                
MR. CRUM  opined that HB 124  is necessary because it  would help                                                               
people by  removing an outdated  barrier that requires  people to                                                               
test for  a regular  driver's license before  being able  to test                                                               
for a CDL.  He said  that new federal rules that were established                                                               
on 2/7/22 make  the current statute moot.  He  explained that the                                                               
new regulations, ELDT, require additional  levels of training and                                                               
screening.    He  said  the   process  of  getting  a  commercial                                                               
learner's permit requires  a person to pass written  exams at the                                                               
DMV and have  a Department of Transportation  & Public Facilities                                                               
(DOT&PF) physical  conducted.  After  being issued  the learner's                                                               
permit, the  person must then  pass written exams proctored  by a                                                               
federally registered  training provider  and undergo  a practical                                                               
performance  evaluation   by  a  federally   registered  training                                                               
provider.  The  last step is to perform the  road test via either                                                               
the DMV or one of its  approved proctors.  He said that knowledge                                                               
and practical performance are "baked  into the process of getting                                                               
a CDL."   He  noted that  vehicles, like  a 16-passenger  van for                                                               
example,  or   pickups  hauling  hazardous   materials  (HAZMAT),                                                               
require a CDL to  drive.  He said HB 124 needs  to be approved in                                                               
order  to   clear  unnecessary   barriers  keeping   people  from                                                               
employment.                                                                                                                     
                                                                                                                                
1:22:07 PM                                                                                                                    
                                                                                                                                
CHAIR MCCABE announced that HB 124 was held over.                                                                               

Document Name Date/Time Subjects
HB 124 Reseach EconomicPotential_of_AKs_Mining.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Research Alaska Public Media Article 4.11.2023.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Sectional Analysis version A.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Sponsor Statement version A.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 version A.PDF HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
Edward Sinclair Marine Pilots App_Redacted.pdf HTRA 4/18/2023 1:00:00 PM
Board of MArine Pilots: Edward Sinclair
HB 124 Testimony - Alaska Technical Center.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Testimony - Alaska Trucking Assoc..pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124
HB 124 Alaska Public Media Article 4.11.2023.pdf HTRA 4/18/2023 1:00:00 PM
HTRA 4/20/2023 1:00:00 PM
HB 124