Legislature(2013 - 2014)BARNES 124
03/27/2014 01:00 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB378 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 378 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
March 27, 2014
1:04 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Doug Isaacson, Vice Chair
Representative Eric Feige
Representative Lynn Gattis
Representative Bob Lynn
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
Representative Craig Johnson
COMMITTEE CALENDAR
HOUSE BILL NO. 378
"An Act relating to motor vehicle registration; relating to
drivers' licenses; relating to instruction permits; relating to
commercial motor vehicles and commercial motor carriers; and
providing for an effective date."
- MOVED CSHB 378(TRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 378
SHORT TITLE: DRIVER LICENSING
SPONSOR(s): TRANSPORTATION BY REQUEST
03/19/14 (H) READ THE FIRST TIME - REFERRALS
03/19/14 (H) TRA
03/20/14 (H) TRA AT 1:00 PM BARNES 124
03/20/14 (H) Heard & Held
03/20/14 (H) MINUTE(TRA)
03/25/14 (H) TRA AT 1:00 PM BARNES 124
03/25/14 (H) -- MEETING CANCELED --
03/27/14 (H) TRA AT 1:00 PM BARNES 124
WITNESS REGISTER
AMY ERICKSON, Director
Division of Motor Vehicles (DMV)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion of HB 378.
AVES THOMPSON, Executive Director
Alaska Trucking Association
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of HB 378.
ANMEI GOLDSMITH, Assistant Attorney General
Transportation Section
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the discussion of
HB 378.
ACTION NARRATIVE
1:04:59 PM
CHAIR PEGGY WILSON called the House Transportation Standing
Committee meeting to order at 1:04 p.m. Representatives Lynn,
Gattis, Feige, and P. Wilson were present at the call to order.
Representatives Kreiss-Tomkins and Isaacson arrived as the
meeting was in progress.
HB 378-DRIVER LICENSING
1:05:32 PM
CHAIR P. WILSON announced that the only order of business would
be HOUSE BILL NO. 378, "An Act relating to motor vehicle
registration; relating to drivers' licenses; relating to
instruction permits; relating to commercial motor vehicles and
commercial motor carriers; and providing for an effective date."
1:06:19 PM
REPRESENTATIVE FEIGE moved to adopt the proposed committee
substitute (CS) for HB 378, labeled 28-LS1541\O, Strasbaugh,
3/26/14, as the working document. [Version O was before the
committee].
REPRESENTATIVE LYNN objected for the purpose of discussion.
1:06:50 PM
AMY ERICKSON, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), explained the changes in the
proposed committee substitute (CS) for HB 378, Version O.
Section 4 would clarify that motor homes used for personal and
recreational use will continue to have a $100 registration fee.
Fees for all trailers not used commercially will be set at $30.
Language was added to Section 9 to require commercial
instructional permit holders to be accompanied by a person who
is at least 21 years of age and licensed to operate that class
of vehicle. Since Representative Feige found the language in
Section 10 confusing the bill drafter simplified it to be clear
that commercial instruction permit holders will be disqualified
in the same manner as a commercial license holder if they are
driving after being placed out of service.
MS. ERICKSON related additional language was removed that would
disqualified a driver who operates a commercial vehicle
belonging to a motor carrier that has been placed out of
service, based on information from the Federal Motor Carrier
Safety Administration (FMCSA) who thought the language was not
necessary. The Alaska Trucking Association suggested adding the
word "knowingly" to Section 11 so a driver would not be subject
to civil penalties unless they "knew" they were operating a
vehicle that had been placed out of service. She reiterated
that the consequences of decertification of the commercial
drivers' license (CDL) program would be very serious. Failure
to pass HB 378 would have consequences, such that the DMV would
be prohibited from issuing, renewing, transferring, or upgrading
licenses for commercial drivers. Thus all CDLs would be
invalid, she said.
1:08:52 PM
CHAIR P. WILSON referred to page 4, line 19 of Version O. She
pointed out the language for paragraph (2) lists $100 for the
fee.
MS. ERICKSON referred to page 4, line 29, noting the fees for a
trailer is $30.
1:10:23 PM
REPRESENTATIVE FEIGE referred to page 2, line 19, and paragraph
(12). He asked how the DMV would handle the request from a
construction company to license a vehicle that is not a
commercial motor if the applicant was also a motor vehicle
carrier who was prohibited from operating as a commercial motor
vehicle carrier at the time.
MS. ERICKSON, related she spoke with the Department of
Transportation & Public Facilities and the DMV may refuse to
register a vehicle that is used in personal use but owned by the
principal of a company; however, the DMV would use its
discretion and work with the DOT&PF to not refuse to register
the vehicle, she said.
1:11:32 PM
AVES THOMPSON, Executive Director, Alaska Trucking Association,
referred to page 9, line 1, and asked whether Ms. Erickson had
addressed that the word "knowingly" would not be required in
this section. He referred to page 9, line 2, indicating the
word "knowingly" would not be required. On page 4, line 9 the
word "knowingly" would be required. The reason for these
changes is that in the first two instances the driver is present
at the time of the issuance of the "out of service" order, but
in the third case, the driver may not be aware of the motor
carrier is being placed out of service.
1:13:06 PM
CHAIR P. WILSON asked for clarification on the page numbers in
Version O.
MR. THOMPSON answered he doesn't currently have Version O in
front of him since he is at the Minneapolis airport.
CHAIR P. WILSON assured him the changes the Alaska Trucking
Association asked for are incorporated in Version O.
MR. THOMPSON just wanted to be sure. He acknowledged that the
consequences of decertification are very severe. The federal
highway dollars can be replaced with state dollars but the DMV
must be able to issue valid commercial drivers' licenses.
1:14:18 PM
CHAIR P. WILSON read the portion of Version O, on page 9, lines
13-15, subsection (m) which read, as follows:
A person who violates the standards for operating a
commercial motor vehicle or who knowingly operates a
commercial motor vehicle that has been placed out of
service as set out by the department in regulation
...."
CHAIR P. WILSON offered her belief that the changes accomplish
the concerns the ATA had expressed.
1:14:38 PM
REPRESENTATIVE GATTIS asked for the page and line number of the
language that identifies that the driver must be personally
served.
MS. ERICKSON referred to Version O, page 9, lines 13-`55, as
previously read, which includes the "knowingly" language.
1:15:42 PM
CHAIR P. WILSON read, [page 9, lines 16-19], which read, in
part, "An employer who knowingly allows an employee to drive in
violation of an out-of-service order or in violation of a
railroad-highway grade crossing is subject to civil penalties
...."
MR. THOMPSON expressed an interest in the language for
disqualification of drivers. He described three instances where
a driver may be disqualified. One instance is when the driver
out of service; the second instance is when the vehicle is
placed out of service; and the third instance is when the motor
carrier has been placed out of service. He maintained that in
the first instance the driver would know that he has been placed
out of service. In the second instance the driver would know
the vehicle has been placed out of service. In the third
instance, the driver may not know the employer of the motor
carrier has been placed out of service by the FMCSA. He would
like to protect the driver in the third instance.
1:16:56 PM
MS. ERICKSON answered that she believes the third instance
refers to language that the FMCSA encouraged the division to
remove so the knowingly would not apply.
CHAIR P. WILSON commented that the aforementioned provision was
removed. It currently reads that driving after being placed out
of service or operating a commercial vehicle that has been
placed out of service. The language that discussed that the
driver would be liable has been removed.
1:17:41 PM
REPRESENTATIVE FEIGE referred to page 9, line 2 and asked
whether it should read "knowingly" operating a commercial
vehicle since that seems to be the same principle as the
language in Section 11. He envisioned that a driver might not
know the vehicle is out of service.
1:18:20 PM
ANMEI GOLDSMITH, Assistant Attorney General, Transportation
Section, Department of Law, referred to page 8 of Section 10 and
stated that the statutes AS 28.33.140(a) are intended to allow
DMV the authority to disqualify a driver after a conviction of a
list of criminal offenses. The driver would have been
adjudicated for conviction of one of the list of 10 offenses and
would have been adjudicated guilty. Due process requires that a
person know he/she has been charged of a crime. Therefore, if a
person has been found guilty of driving after being placed out
of service, that person would be aware he/she was convicted of
the offense. She said this is the reason "knowingly" is not
required in this subsection, since the person has been charged
and found guilty of the offense. She referred to page 9, line
14, subsection (m), and noted it is appropriate for "knowingly"
since this subsection assesses a civil penalty. Thus, it is
appropriate for a person to need to be aware that he/she is
operating a commercial motor vehicle that has been placed out of
service.
1:20:16 PM
REPRESENTATIVE FEIGE referred to Section 10, paragraph (7). He
asked whether within the original statute that sets up the
offense it specifies "knowingly."
MS. GOLDSMITH advised that for all criminal offenses there must
be a mental state and "knowingly" is one of the mental states
defined in the criminal statutes. When the offense does not
identify the specific mental state required, another statute
supplies "knowingly." She characterized this as being the
default mental state.
1:21:13 PM
REPRESENTATIVE KREISS-TOMKINS referred to one point raised by
the Alaska Trucking Association, [letter dated March 26, 2014)
to point 4, which is why "driving" was used when throughout the
rest of the bill "operating" is used. He referred to page 9,
line 1 to subparagraph (A). In response to Chair Wilson, he
referred to "driving" on page 9, line 1 of Version O.
MS. GOLDSMITH responded that "driving" and "operating" are
slightly different, with "operating" being more inclusive. She
suggested that it was written like this to clarify that
subparagraph (A) refers to the driver who has been placed out of
service. There are three different things an out-of-service
order can apply to: the driver, the vehicle, or the motor
carrier. She clarified that subparagraph (A) refers to the
driver, and (B) refers to the vehicle.
1:23:03 PM
REPRESENTATIVE GATTIS referred to page 9, line 13, which refers
to a "person."
REPRESENTATIVE FEIGE asked whether the language, which read a
"person", would allow the state to pursue a corporation that
owns the commercial motor vehicle.
MS. GOLDSMITH answered yes; that a person is all inclusive of a
natural person, corporation, company, or partnership.
1:24:03 PM
REPRESENTATIVE LYNN removed his objection.
There being no further objection, Version O was adopted as the
working document.
1:24:36 PM
REPRESENTATIVE FEIGE made a motion to adopt Amendment 1, labeled
28-LS1541\O.1, Strasbaugh, 1/27/14, which read, as follows:
Page 4, line 2, following "AS 28.10.421(b)(1)(A),":
Insert "(b)(2),"
REPRESENTATIVE GATTIS objected for purpose of discussion.
1:25:16 PM
REPRESENTATIVE FEIGE referred to page 4, line 2, which lists the
three categories of exemptions from registration for persons 65
years or older. As it is currently written, passenger vehicles,
motor cycles and trailers are included. This amendment would
also exempt a motor home from registration.
CHAIR P. WILSON explained that this would add "(b)(2)" to the
list of exemptions.
REPRESENTATIVE FEIGE agreed.
REPRESENTATIVE LYNN joked whether he should declare a conflict
of interest [due to his age].
REPRESENTATIVE GATTIS removed her objection. There being no
further objection, Amendment 1 was adopted.
1:27:10 PM
CHAIR P. WILSON, after first determining no one else wished to
testify, closed public testimony on HB 378.
1:27:15 PM
REPRESENTATIVE ISAACSON moved to report HB 378, Version O,
labeled 28-LS1541\O, Strasbaugh, 3/26/14, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, the CSHB 378(TRA) was
reported from the House Transportation Standing Committee.
1:28:08 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 1:28
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS HB 378 Ver O Draft.pdf |
HTRA 3/27/2014 1:00:00 PM |
HB 378 |
| HB378-DOA-DMV-03-19-2014.pdf |
HTRA 3/27/2014 1:00:00 PM |
HB 378 |
| HB378-DOT-MSCVE-3-19-14.pdf |
HTRA 3/27/2014 1:00:00 PM |
HB 378 |