03/24/2009 01:00 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HJR9 | |
| HB181 | |
| HB155 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 9 | TELECONFERENCED | |
| *+ | HB 181 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 155 | ||
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
March 24, 2009
1:05 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Craig Johnson, Vice Chair
Representative Kyle Johansen
Representative Cathy Engstrom Munoz
Representative Mike Doogan
Representative Max Gruenberg
MEMBERS ABSENT
Representative John Harris
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 9
Designating the Alaska Aviation Heritage Museum located at 4721
Aircraft Drive in Anchorage as the official headquarters for the
State of Alaska's Centennial of Flight Celebration.
- MOVED HJR 9 OUT OF COMMITTEE
HOUSE BILL NO. 181
"An Act relating to the use of headlights when operating a motor
vehicle."
- HEARD AND HELD
HOUSE BILL NO. 155
"An Act relating to the authorization for the Department of
Transportation and Public Facilities to participate in the
American Recovery and Reinvestment Act of 2009; and providing
for an effective date."
- MOVED CSHB 155(TRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 9
SHORT TITLE: CENTENNIAL OF FLIGHT CELEBRATION
SPONSOR(s): REPRESENTATIVE(s) FOSTER
01/28/09 (H) READ THE FIRST TIME - REFERRALS
01/28/09 (H) TRA
03/24/09 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 181
SHORT TITLE: USE OF HEADLIGHTS REQUIRED
SPONSOR(s): REPRESENTATIVE(s) KAWASAKI
03/12/09 (H) READ THE FIRST TIME - REFERRALS
03/12/09 (H) TRA, JUD
03/24/09 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 155
SHORT TITLE: AUTHORIZE ECONOMIC STIMULUS PARTICIPATION
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/25/09 (H) READ THE FIRST TIME - REFERRALS
02/25/09 (H) TRA, FIN
03/17/09 (H) TRA AT 1:00 PM CAPITOL 17
03/17/09 (H) Heard & Held
03/17/09 (H) MINUTE(TRA)
03/18/09 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/18/09 (H) <Bill Hearing Postponed>
WITNESS REGISTER
PAUL LABOLLE, Staff
Representative Richard Foster
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 9 on behalf of Representative
Foster, prime sponsor.
LELAND CORKRAN, Chief Executive Officer
Pioneer Air Museum
Fairbanks, Alaska
POSITION STATEMENT: Testified on HJR 9.
NORM LAGASSE, Executive Director
Alaska Aviation Heritage Museum (AAHM)
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of HJR 9.
GAIL PHILLIPS, President
Board of Directors
Alaska Aviation Heritage Museum
Anchorage, Alaska
POSITION STATEMENT: Testified during the discussion of HJR 9.
REPRESENTATIVE SCOTT KAWASAKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions as the
prime sponsor of HB 181.
KURT SMITH, Traffic and Safety Engineer
Division of Design & Engineering Services
Department of Transportation & Public Facilities (DOTPF)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 181.
MARY SIROKY, Legislative Liaison
Office of the Commissioner
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion of HB 181.
AVES THOMPSON, Executive Director
Alaska Trucking Association (ATA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 181.
DANIEL W. COFFEY, Board Member/Legislative Affairs
Alaskan Bikers Advocating Training and Education (ABATE)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 181.
MICHAEL BARNHILL, Senior Assistant Attorney General
Labor and State Affairs Section
Civil Division (Juneau)
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of HB 181.
ACTION NARRATIVE
1:05:29 PM
CHAIR PEGGY WILSON called the House Transportation Standing
Committee meeting to order at 1:05 p.m. Representatives Munoz,
Gruenberg, Doogan, and Wilson were present at the call to order.
Representatives Johnson and Johansen arrived as the meeting was
in progress.
1:05:37 PM
HJR 9-CENTENNIAL OF FLIGHT CELEBRATION
1:06:13 PM
CHAIR WILSON announced that the first order of business would be
HOUSE JOINT RESOLUTION NO. 9, Designating the Alaska Aviation
Heritage Museum located at 4721 Aircraft Drive in Anchorage as
the official headquarters for the State of Alaska's Centennial
of Flight Celebration.
1:07:04 PM
PAUL LABOLLE, Staff, Representative Richard Foster, Alaska State
Legislature, offered a brief introduction of HJR 9, noting that
the State of Alaska's Centennial of Flight Celebration would
take place on July 13.
1:07:41 PM
LELAND CORKRAN, Chief Executive Officer, Pioneer Air Museum,
explained that the first flight in Alaska took place in
Fairbanks, Alaska, on July 4, 1913. He expressed concern that
no one had contacted him about the resolution. He asked to be
included since this is where the first flight originated.
1:08:58 PM
NORM LAGASSE, Executive Director, Alaska Aviation Heritage
Museum (AAHM), stated that the AAHM proposed the actual
resolution for the museum. He explained that the headquarters
designation is the focal point for coordinating all of the
celebrations throughout the state. He offered his belief that
although four years of planning may seem like a lot of time, it
is not given the magnitude of the celebration.
1:09:58 PM
REPRESENTATIVE JOHNSON inquired as to whether Fairbanks would be
included, since the first flight took place in Fairbanks.
MR. LAGASSE answered that the Alaska Aviation Heritage Museum
wants to be the point of contact for coordinating celebrations
in Fairbanks, Anchorage, and throughout the state. He explained
there were many "firsts" in aviation in Alaska. He stated the
goal is to celebrate the "firsts."
1:10:54 PM
GAIL PHILLIPS, President, Board of Directors, Alaska Aviation
Heritage Museum, stated that the Board of Directors believes it
can help facilitate interest in the celebrations in the Lower 48
and across the world. She related that the museum is prepared
to do so since it has a staff and also has dual membership with
the Museum of Flight in Seattle. She explained that the Alaska
Aviation Heritage Museum has begun to contact groups in the
Lower 48. She opined that if the museum can get the designation
completed, other groups can help make plans to celebrate.
1:12:15 PM
REPRESENTATIVE MUNOZ thanked former Representative Phillips for
her service to the state.
1:12:58 PM
MS. PHILLIPS remarked that when she was Speaker of the House,
the price of oil was $8 per barrel.
CHAIR WILSON, after first determining no one else wished to
testify, closed public testimony on HJR 9.
REPRESENTATIVE MUNOZ moved to report HJR 9 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HJR 9 was reported from the House
Transportation Standing Committee.
1:14:01 PM
HB 181-USE OF HEADLIGHTS REQUIRED
1:14:05 PM
CHAIR WILSON announced that the next order of business would be
HOUSE BILL NO. 181, "An Act relating to the use of headlights
when operating a motor vehicle."
1:14:41 PM
REPRESENTATIVE SCOTT KAWASAKI, Alaska State Legislature, as
prime sponsor, stated that the purpose of HB 181 is to reduce
accidents and deaths. He explained that the Alaska Highway
Safety Office created a strategic highway plan to recommend that
the state require car and truck headlights be used when the
vehicles are moving. He related that scientific research has
shown that simply using headlights is an effective way to reduce
highway traffic head-on collisions and fatalities. The Highway
Transportation Safety Administration indicated that proper
signage, enforcement, and headlight requirements could reduce
head-on collisions by between 7 and 15 percent, which could
translate in Alaska in reducing deaths by 1 to 2 percent per
year. Headlight requirements have been in place since the mid-
1990s along the Seward Highway just south of Anchorage. The
Department of Public Safety (DPS) has noted a marked decrease in
accidents since the implementation. Many other countries in
polar regions, such as Sweden, found that crashes in urban areas
were reduced by 20 percent and 17 percent in rural areas.
REPRESENTATIVE KAWASAKI related that Alaska would be joining 38
other places in support of the use of headlights on motorcycles.
He explained that headlights increase the conspicuousness of
motorcycles. This purpose is not to increase the motorcycle
operator's visibility, but to increase the visibility of drivers
of other vehicles so that they see the motorcycles. He closed
by relating that in Juneau near the Fred Meyer store, motorists
can see 2.5 or 3 miles to Sunny Point. He stated that when
driving at twilight it is much easier to see the car with its
headlights on than one without headlights. He urged members to
consider this bill for public safety reasons.
1:17:44 PM
REPRESENTATIVE JOHANSEN referred to HB 181, to the proposed AS
28.35.195, which would not allow a person to operate a motor
vehicle on a highway unless the headlight system required by law
for that motor vehicle was illuminated. He inquired as to
whether "highway" is defined.
REPRESENTATIVE KAWASAKI related that "highway" is defined in
Title 19 as any roadway, right-of-way, passageway, or causeway.
He opined that any place a person could operate a car would be
considered a highway.
REPRESENTATIVE JOHANSEN stated that the definition for highway
in the statute under AS 19 includes the Alaska Marine Highway
System. He stated that it is common practice to ask passengers
driving vehicles onto the ferry to turn the headlights off to
avoid blinding the workers. He also recalled that cars entering
the military bases are required to turn off their lights. He
inquired as to whether any exemptions are built into the bill to
protect the common practices such as when embarking a state
ferry.
REPRESENTATIVE KAWASAKI said that he may have to defer to the
Department of Transportation & Public Facilities (DOT&PF).
1:20:15 PM
REPRESENTATIVE JOHNSON recalled testimony for safety zones which
impose double fines such that the department did not want to
diminish the impact by requiring safety zones in too many
places. Thus, if the headlight law became commonplace, he
inquired as to whether it would take away the impact and
suddenly people would ignore those cars with headlights.
REPRESENTATIVE KAWASAKI opined that the inherent safety of
having the ability to see a car would benefit Alaskans more. He
further opined that if all cars had their headlights on, it
would increase safety on roadways.
1:21:42 PM
REPRESENTATIVE MUNOZ observed that currently most drivers keep
their headlights on. She inquired as to whether the bill
sponsor knew the percentage of those who currently do not use
headlights.
REPRESENTATIVE KAWASAKI related that many vehicles have
continuous running lights, but he does not have specific
statistics. He noted that the fiscal note provides for
education through the use of signage.
CHAIR WILSON remarked that she likes to use her headlights.
REPRESENTATIVE DOOGAN commented he appreciates when drivers of
vehicles use headlights.
1:23:26 PM
REPRESENTATIVE JOHNSON noted his vehicle has fog lights that he
can run independently of his headlights. He inquired as to
whether the term "headlights" is defined.
REPRESENTATIVE KAWASAKI offered his belief that headlights is
the system of lights and is inclusive.
REPRESENTATIVE JOHNSON inquired as to whether that definition
also includes parking lights.
REPRESENTATIVE KAWASAKI related his understanding that it
probably would cover parking lights.
REPRESENTATIVE JOHNSON remarked that he would not want to be
subject to a fine.
REPRESENTATIVE JOHANSEN offered his belief that two little fog
lights would probably not qualify, but said he was uncertain.
He inquired as to whether any other states have provisions.
CHAIR WILSON stated that the bill specifically uses the term
headlights. She said, "Headlights are headlights. They're not
fog lights. They're not parking lights. They're headlights.
1:26:00 PM
REPRESENTATIVE GRUENBERG referred to 13 AAC 04.010 (c) which
read, "Every vehicle traveling on a highway or vehicular way or
area must illuminate lights when traveling on any roadway that
is posted with signs requiring the use of headlights." He
referred to 13 AAC 04.010 (d) which read: "For the purpose of
(c) of this section, lights include low intensity headlights,
and daytime running lamp devices that meet the standards of 49
CFR 571 revised as of August 29, 1996, if the headlights are not
otherwise required under (a)(1) or (2) of this section." He
stated that this requires headlights to be on a half hour after
sunset and a half hour before sunrise or at any other time when
insufficient light or other atmospheric conditions exist and
persons or vehicles are not clearly discernable at a distance of
1,000 feet. Additionally, it applies to every vehicle traveling
on a highway or other vehicular way or area within the state.
1:27:41 PM
REPRESENTATIVE JOHNSON stated he is not aware of the standards
and is not certain that his question was answered regarding the
definition of a headlight.
1:28:20 PM
REPRESENTATIVE JOHANSEN recalled that last week the committee
held a lengthy discussion regarding bicycles that share the
roadway. He inquired as to whether bicycles should be added to
the list since the proposed bill language lists only motorized
vehicles.
1:29:16 PM
REPRESENTATIVE KAWASAKI explained that he did not want to make
the bill extreme. He stated vehicles are 4,000-pound machines
that can do a great amount of damage. Thus, the need for public
safety law warrants this. He opined that a collision between
bicycles would not likely cause a fatality. However, collisions
between motor vehicles involve destructive forces and reducing
even one or two deaths warrants the bill.
REPRESENTATIVE JOHANSEN inquired as to whether a collision
involving a 4,000-pound vehicle and a 40-pound bicycle might
also warrant consideration of including bicycles since it might
help bicyclists.
1:30:55 PM
REPRESENTATIVE GRUENBERG offered his belief that the bill is
important.
1:31:21 PM
KURT SMITH, Traffic and Safety Engineer, Division of Design &
Engineering Services, Department of Transportation & Public
Facilities (DOTPF), stated that DOT&PF strongly supports the
bill. He opined that it is a cost effective way to save lives
by making vehicles more conspicuous. He explained that signs
will be needed at points of entry such as at airports, marine
terminals, and border points to advise motorists that Alaska's
law requires using headlights. He estimated that about 40 signs
would be needed at a total cost of $135,000. He informed
members that DOT&PF has identified $40,000 in Highway Safety
Funding that could be used towards the signs, which would leave
a fiscal note of $95,000. He stated that the Highway Safety
Office would also conduct an education campaign about the new
law in advance of implementation.
1:32:56 PM
MR. SMITH recalled questions on exemptions for the Alaska Marine
Highway System (AMHS) and military bases. He offered his belief
that such exemptions do not exist.
REPRESENTATIVE JOHNSON inquired as to whether a motorist could
be cited for obeying a ferry terminal operator's instructions to
turn off the headlights on his/her vehicle.
MR. SMITH offered his understanding that there is nothing in law
that would provide that exemption, even though common sense
would. In response to a request for clarification from
Representative Wilson, he stated, "There's nothing in the law
that would make the law not applicable on the ferry system."
1:34:11 PM
CHAIR WILSON asked if it would be okay if the motorist turned
lights off at the direction of AMHS staff.
MR. SMITH answered that theoretically nothing in law provides an
exemption.
1:34:39 PM
MARY SIROKY, Legislative Liaison, Office of the Commissioner,
Department of Transportation & Public Facilities (DOT&PF),
explained that the law does not specifically exempt that
situation. However, she noted that common sense would prevail.
Additionally, she stated that DOT&PF does not have any
enforcement authority in AMHS terminals, so personnel would not
be in the position to cite anyone. She reiterated that DOT&PF
believes common sense prevails. She stated that if someone
instructed a motorist to turn off the lights in a safety
situation, that decision would prevail. She opined that the
Department of Public Safety would agree.
1:35:48 PM
REPRESENTATIVE JOHNSON offered his belief that a law is a law,
whether it is at military bases or at airports. He opined that
if common sense prevails, many statutes would not be necessary.
1:37:09 PM
REPRESENTATIVE GRUENBERG explained that military bases are
covered by federal law. He stated that a well defined legal
area of law authorizes federal law to set speed limits. He
stated that headlight use on military bases is covered by state
law. Furthermore, a local community does not have jurisdiction
on the ramp or on the ferry. He asserted that jurisdiction
would not be in effect once the person left the community and
entered the parking lot. He explained that the vessel personnel
are in charge, and their directions legally control. He offered
that people do not use the speed limit of 25 miles per hour
since the ferry terminal speed limits are covered by DOT&PF
regulations. He offered his belief that AMHS is part of the
highway system only in the generic sense, and not in terms of
whether a motorist should follow crew docking and undocking
instructions. He reiterated that AMHS has the legal authority
to control the use of headlights.
1:39:15 PM
REPRESENTATIVE JOHANSEN expressed interest in reviewing the
specific statutes and regulations that provide the AMHS with
authority. He explained that cars line up in the parking lot
and are directed to a specific lane, such as lane 3 or 4, and
drivers are instructed to turn off their lights. He said he was
not convinced that common sense would prevail. He suggested the
sponsor consider working with DOT&PF on a specific exemption or
clarification to allow an official to instruct a person to turn
off his/her headlights.
1:42:42 PM
CHAIR WILSON reviewed two issues the committee had raised.
First, the committee would like the definition of headlights
clarified and to determine whether fog lights or parking lights
will suffice. Second, the committee would like to know whether
officials of AMHS have the authority to instruct motorists to
turn off their lights when the statute will apply to AMHS.
1:43:14 PM
REPRESENTATIVE JOHNSON reverted back to discuss military
installations. He agreed that once a person is on the military
base the federal law applies. However, he recalled that the
entrance into Elmendorf Air Force Base is off Boniface Parkway,
and motorists are required to turn headlights off. He opined
the roadway is not under military jurisdiction, but the military
requires motorists to turn headlights off along the mile
approach for security reasons. He expressed concern that the
military is authorized to use deadly force in certain
circumstances. He also expressed concern that the police or
troopers might write tickets to enforce the headlight law.
1:44:44 PM
REPRESENTATIVE GRUENBERG offered to ensure that these issues are
addressed in the House Judiciary Standing Committee, which is
the next referral for HB 181.
1:45:25 PM
REPRESENTATIVE JOHANSEN stated that he does not want to stop the
bill, but feels frustrated when issues are not taken care of
before bills are moved along.
1:46:35 PM
CHAIR WILSON suggested that the bill could be amended in the
House Transportation Standing Committee.
1:47:06 PM
REPRESENTATIVE DOOGAN talked about removing "motor" from the
proposed bill language such that the requirement to use
headlights would apply to all vehicles.
1:47:49 PM
CHAIR WILSON highlighted the proposed language regarding "the
headlight system required by law".
1:48:04 PM
REPRESENTATIVE DOOGAN offered that he is not certain the law
requires bicycles to have working headlights; therefore,
[removing "motor" from the proposed bill language] may not
accomplish his intent [to include bicycles in the use of
headlights]. However, he suggested rather than having to
rewrite the entire vehicle code, having a requirement that
anyone operating a vehicle on a highway utilize some sort of
light system would be preferable to having only some vehicles
with lights in use.
1:48:32 PM
REPRESENTATIVE JOHANSEN asked for the definition of vehicle.
REPRESENTATIVE GRUENBERG suggested the definition would be in
Title 28.
1:49:03 PM
REPRESENTATIVE JOHNSON referred to the fiscal note of $135,135.
He inquired as to whether DOT&PF needs additional authorization
to spend the $40,000 mentioned in earlier testimony.
MR. SMITH answered that DOT&PF has the authorization to use the
additional funds.
REPRESENTATIVE JOHNSON asked if DOT&PF could use any other funds
for signage.
MR. SMITH answered no.
1:50:30 PM
REPRESENTATIVE GRUENBERG stated that the term vehicle is defined
in AS 28.90.990 (a)(29), which he read as follows:
(29) "vehicle" means a device in, upon, or by
which a person or property may be transported or drawn
upon or immediately over a highway or vehicular way or
area; "vehicle" does not include
(A) devices used exclusively upon stationary
rails or tracks;
(B) mobile homes;
REPRESENTATIVE GRUENBERG opined that this does not seem to be
grammatical. He cited AS 28.90.990(a)(16), which read:
(16) "motor vehicle" means a vehicle which is
self-propelled except a vehicle moved by human or
animal power; "A vehicle which is self propelled
except a vehicle moved by human or animal power."
1:51:53 PM
AVES THOMPSON, Executive Director, Alaska Trucking Association
(ATA), stated that his association is a statewide organization
representing the interests of nearly 200 companies located from
Barrow to Ketchikan. He mentioned part of the ATA's mission
statement is to promote highway and driver safety. He offered
his belief that the ATA can demonstrate its strong emphasis on
safety. He related his understanding that there is a positive
impact on safety when headlights are on at all times when
driving a vehicle. Mr. Thompson stated that the ATA supports HB
181. He offered his hope that the details discussed today can
be worked out. He emphasized that the ATA does not want
frivolous citations written to enforce the proposed headlight
law.
1:53:19 PM
REPRESENTATIVE GRUENBERG inquired as to whether Mr. Thompson
received an e-mail response to his questions.
MR. THOMPSON answered yes. He related that his question had
been if a headlamp is broken, whether a commercial vehicle would
be placed out of service and not allowed to proceed until the
headlamp was repaired. The answer Representative Gruenberg had
provided was that a broken headlamp would constitute a violation
and the commercial vehicle would be allowed to proceed to a
place for repairs.
REPRESENTATIVE GRUENBERG offered to provide a copy of the
correspondence to the committee.
1:54:30 PM
DANIEL W. COFFEY, Board Member/Legislative Affairs, Alaskan
Bikers Advocating Training and Education (ABATE), stated that he
represents the largest nonprofit motorcycle organization in the
state. He related that ABATE trained 1,000 people in motorcycle
training last year. He explained that he is the legislative
chair as well as a board member for ABATE. He stated that ABATE
is opposed to HB 181. He explained if everyone's headlights are
on that diminishes the effect of the motorcycle headlights. He
said, "If you have a sea of headlights it's hard to pick out a
motorcycle."
1:55:52 PM
REPRESENTATIVE GRUENBERG argued that it would be no different
from everyone using headlights during evening hours.
MR. COFFEY explained that currently motorcycles are required to
use headlights so people scan and see the motorcycle headlights.
He expressed concern that if HB 181 passes, as people scan they
will only see headlights and would not see the motorcycle
headlight, which is smaller and may appear to be a motor vehicle
farther away.
CHAIR WILSON remarked that Mr. Coffee raised a good point.
1:57:32 PM
REPRESENTATIVE JOHNSON commented that this goes back to his
concern that if everyone's headlights are on, it would act to
dilute the overall effect. He asserted this testimony verifies
that point for him.
1:58:10 PM
CHAIR WILSON pointed out that 39 of 50 states, including Alaska,
require headlights on motorcycles are used at all times.
REPRESENTATIVE KAWASAKI confirmed that is correct.
1:58:41 PM
REPRESENTATIVE GRUENBERG inquired as to whether all new cars are
built to have headlights turn on when the vehicle is started.
He offered his belief that if this is a federal requirement, as
older cars are taken out of commission, more and more cars will
use their headlights at all times.
MR. COFFEY disagreed. He related his understanding that only
General Motors Corporation products have daytime running lights.
He noted that several other manufacturers have, at one time,
produced vehicles with headlights that remain on, but he said he
believes the manufacturers have since retracted those practices.
He stated, "I don't believe it is a federal law for headlights,
other than for motorbikes."
1:59:34 PM
REPRESENTATIVE DOOGAN related he is trying to understand this
bill. He reviewed that if motorcycles currently have their
headlights on and people see them due to the headlight usage,
then the argument is these vehicles would lose their ability to
be seen when other vehicles are using headlights. He related
his driving experience has shown that any vehicle with its
headlights on is visible. Those vehicles without headlights on
are not visible. He disagreed that the headlights will get lost
in the shuffle or people will get accustomed to seeing
headlights. He inquired as to whether any studies support the
idea that the universal use of headlights renders them less
effective.
MR. COFFEY said he does not know of any studies. He offered his
belief that a person could look down a street and see a truck
with its headlights on, while not seeing a motorcycle in front
of the truck.
REPRESENTATIVE JOHNSON recalled hearing testimony that argued
against having too many safety zones, since they would become
commonplace. He noted that is the same argument used with
headlights.
2:02:13 PM
REPRESENTATIVE DOOGAN offered his understanding that the two
issues are not related.
2:02:56 PM
MR. COFFEY emphasized that he does not advocate the elimination
of safety zones. He highlighted that motorcycles have problems
being seen mostly in urban areas.
MR. COFFEY, in response to Chair Wilson, explained that he has
experienced this since motorcyclists die each year. In further
response to Chair Wilson, Mr. Coffey offered to find out if
there has been an increase in motorcycle accidents in states
that have a headlight requirement.
2:04:13 PM
CHAIR WILSON stated that public testimony would remain open on
HB 181 for further discussion.
[HB 181 was held over.]
2:04:39 PM
HB 155-AUTHORIZE ECONOMIC STIMULUS PARTICIPATION
CHAIR WILSON announced that the final order of business would be
HOUSE BILL NO. 155, "An Act relating to the authorization for
the Department of Transportation and Public Facilities to
participate in the American Recovery and Reinvestment Act of
2009; and providing for an effective date."
MICHAEL BARNHILL, Senior Assistant Attorney General, Labor and
State Affairs Section, Civil Division (Juneau), Department of
Law (DOL), stated that HB 155 provides explicit authority for
the Department of Transportation & Public Facilities (DOT&PF) to
participate in program funding set forth by the federal economic
stimulus bill that was passed by Congress last month.
2:06:05 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1,
labeled 26-GH1056\A.1, which read [including some handwritten
changes]:
Page 2, line 19:
Delete "and"
Page 2, line 20, following "law,":
Insert "and subject to appropriation,"
Page 2, line 19, following "any"
Insert "other"
REPRESENTATIVE JOHNSON objected for purposes of discussion.
REPRESENTATIVE GRUENBERG referred to page 2, line 19, of HB 155.
He explained that subsection (d) is the only provision of the
bill which is legislation rather than legislative intent.
2:06:58 PM
REPRESENTATIVE GRUENBERG explained that in the rest of the bill,
the expenditure of the funds is subject to appropriation. He
pointed out the reference to the term "appropriation" on page 1,
line 12, and on page 2, lines 7 and 17, of HB 155. However, he
noted that subsection (d) references participation but does not
specifically use the term "appropriation." He expressed
interest in having all aspects of the economic stimulus funding
subject to appropriation. He noted that he added one
grammatical change which he referred to as the handwritten
portion of Amendment 1.
CHAIR WILSON noted that if Amendment 1 was adopted, [subsection
(d)] would read as follows:
(d) Notwithstanding any other provision of state
law, to the extent not already authorized by state
law, and subject to appropriation, the Department of
Transportation and Public Facilities is authorized to
participate in the programs and funding enacted by
Division A, Titles VI and XII, P.L. 111-5 (American
Recovery and Reinvestment Act of 2009).
MR. BARNHILL stated that he does not object to Amendment 1.
REPRESENTATIVE JOHNSON removed his objection. There being no
further objection, Amendment 1 was adopted.
2:09:01 PM
REPRESENTATIVE JOHANSEN moved to report HB 155, as amended, out
of committee with individual recommendations and the
accompanying fiscal note.
REPRESENTATIVE MUNOZ objected. She asked whether additional
"resolution" would be required to address the stimulus
contingent funds of secondary projects.
MR. BARNHILL answered that additional contingent projects will
be addressed in HB 154, the appropriations bill, so that other
projects can be substituted in case some are not "shovel ready"
or there are additional funds.
2:10:30 PM
REPRESENTATIVE MUNOZ removed her objection.
There being no further objection, CSHB 155(TRA) was reported
from the House Transportation Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 2:11
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 181.pdf |
HTRA 3/24/2009 1:00:00 PM |
HB 181 |
| HB181-DOT-TMS-03-22-09.pdf |
HTRA 3/24/2009 1:00:00 PM |
HB 181 |
| HJR 9.pdf |
HTRA 3/24/2009 1:00:00 PM |
HJR 9 |