Legislature(1997 - 1998)

05/06/1997 04:15 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                SENATE TRANSPORTATION COMMITTEE                                
                          May 6, 1997                                          
                           4:15 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Jerry Ward, Chairman                                                  
 Senator Gary Wilken, Vice Chairman                                            
 Senator Lyda Green                                                            
 Senator Rick Halford                                                          
 Senator Georgianna Lincoln                                                    
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present.                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 HOUSE BILL NO. 11                                                             
 "An Act relating to driver's licensing; and providing for an                  
 effective date."                                                              
                                                                               
  - MOVED HB 11 OUT OF COMMITTEE                                               
                                                                               
 SENATE BILL NO. 157                                                           
 "An Act establishing a children's trust motor vehicle registration            
 plate."                                                                       
                                                                               
  - MOVED SB 157 OUT OF COMMITTEE                                              
                                                                               
 HOUSE JOINT RESOLUTION NO. 27                                                 
 Requesting the Federal Aviation Administration to grant exemptions            
 from the "commuter rule" in order to maintain a high level of air             
 safety and air transportation service in rural Alaska.                        
                                                                               
  - MOVED SCS HJR 27(TRA) OUT OF COMMITTEE                                     
                                                                               
 CS FOR HOUSE BILL NO. 222(TRA) am                                             
 "An Act relating to abandoned, wrecked, or junk vehicles."                    
                                                                               
  - MOVED CSHB 222(TRA) am OUT OF COMMITTEE                                    
                                                                               
 HOUSE BILL NO. 246                                                            
 "An Act naming the George W. Palmer Memorial Bridge."                         
                                                                               
  - MOVED HB 246 OUT OF COMMITTEE                                              
                                                                               
 SENATE BILL NO. 192                                                           
 "An Act relating to maintenance of state marine vessels; and                  
 providing for an effective date."                                             
                                                                               
  - MOVED SB 192 OUT OF COMMITTEE                                              
  PREVIOUS SENATE ACTION                                                       
                                                                               
 HB 11 - No previous Senate action to record.                                  
                                                                               
 SB 157 - No previous Senate action to record.                                 
                                                                               
 HJR 27 - No previous Senate action to record.                                 
                                                                               
 HB 222 - No previous Senate action to record.                                 
                                                                               
 HB 246 - No previous Senate action to record.                                 
                                                                               
 SB 192 - No previous Senate action to record.                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Jeff Logan, Staff                                                             
 Representative Green                                                          
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Discussed HB 11.                                       
                                                                               
 Juanita Hensley, Chief                                                        
 Drivers Services                                                              
 Division of Motor Vehicles                                                    
 Department of Public Safety                                                   
 PO Box 20020                                                                  
 Juneau, Alaska 99811-0020                                                     
  POSITION STATEMENT:   Discussed HB 11 and SB 157.                            
                                                                               
 Senator Donley                                                                
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Prime Sponsor of SB 157.                               
                                                                               
 Johnny Hawk, Staff                                                            
 Representative Ivan                                                           
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Discussed HJR 27.                                      
                                                                               
 Joe Spauge                                                                    
 ERA Aviation                                                                  
 Anchorage, Alaska                                                             
  POSITION STATEMENT:   Encouraged passage of HJR 27.                          
                                                                               
 Representative Rokeberg                                                       
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Prime Sponsor of HB 222.                               
                                                                               
 Sandra Yocom, Staff                                                           
 Representative Ogan                                                           
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Discussed HB 246.                                      
                                                                               
 Justin Kaucic, Palmer Youth                                                   
 HC01 Box 6031                                                                 
 Palmer, Alaska 99645                                                          
  POSITION STATEMENT:   Supported HB 246.                                      
                                                                               
 Joe Ambrose, Staff                                                            
 Senator Taylor                                                                
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Discussed SB 192.                                      
                                                                               
 Mike Downing, Director                                                        
 Division of Engineering & Operations                                          
 Department of Transportation & Public Facilities                              
 3132 Channel Drive                                                            
 Juneau, Alaska 99801-7898                                                     
  POSITION STATEMENT:   Supported the Ketchikan Shipyard.                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 97-13, SIDE A                                                           
                                                                               
         HB  11 DRIVERS LICENSE REQUIREMENTS FOR MINORS                       
                                                                              
 Number 001                                                                    
                                                                               
  CHAIRMAN WARD  called the Senate Transportation Committee meeting to         
 order at 4:15 p.m. and announced  HB 11  as the next order of                 
 business before the committee.                                                
                                                                               
  JEFF LOGAN , Staff to Representative Green, explained that HB 11             
 will create a provisional or graduated drivers license for young              
 drivers.  A graduated drivers license has the following                       
 restrictions:  prohibition on driving between 1:00 a.m. and 5:00              
 a.m. and only eight points are allowed to accrue before action is             
 taken.  Representative Green originally sponsored HB 11 as a way to           
 keep young people from being in automobile accidents and deaths.              
 This has been successful in a number of states such as Oregon,                
 Washington, and California.  The intent of HB 11 is to graduate               
 young drivers into full driverhood by requiring that the young                
 person first hold an instructional permit.  The person accompanying           
 a permit holder must be at least 22 years of age and then the young           
 person moves onto a provisional license with the aforementioned               
 restrictions.  The next step would be a full drivers license.                 
                                                                               
  SENATOR GREEN  asked if HB 11 was identical to the Senate's amended          
 version last year.   JEFF LOGAN  clarified that HB 11 is the last             
 version in the Senate last year.                                              
                                                                               
  SENATOR HALFORD  seemed to believe that HB 11 would create an                
 indirect burden on parents whose children provide transportation to           
 siblings.   JEFF LOGAN  said that initially, HB 11 had broader                
 restrictions which have been narrowed to the aforementioned two               
 restrictions.                                                                 
                                                                               
  JUANITA HENSLEY , Chief of Drivers Services in the DMV, reiterated           
 that HB 11 is identical to the bill that was passed out of Senate             
 Finance last year.  Ms. Hensley pointed out that the only change              
 made in the Senate last year was the age limit of the accompanied             
 driver of an instructional permit holder from 19-22 years of age.             
                                                                               
  CHAIRMAN WARD  noted that the next committee of referral for HB 11           
 is the Senate State Affairs Committee.  Chairman Ward said that he            
 would entertain a motion.                                                     
                                                                               
  SENATOR WILKEN  moved to report HB 11 out of committee with                  
 individual recommendations and accompanying fiscal notes.                     
 Without objection, it was so ordered.                                         
                                                                               
                                                                               
             SB 157 CHILDREN'S TRUST LICENSE PLATES                           
                                                                              
 Number 106                                                                    
                                                                               
  CHAIRMAN WARD  introduced  SB 157  as the next order of business.            
                                                                               
  SENATOR DONLEY , Prime Sponsor, explained that SB 157 would                  
 establish an optional plate for the Children's Trust.  Other states           
 have done this as a fund raiser for the Children's Trust.  The cost           
 of the plate would be $100 and the money would be placed in a                 
 special account that the Legislature may appropriate to support the           
 Children's Trust.                                                             
                                                                               
  SENATOR HALFORD  inquired as to how many different license plates            
 are available.  At some point, determining where a license plate is           
 from becomes difficult.   JUANITA HENSLEY , Chief of Drivers Services         
 for the DMV, stated that there are 41 different personalized or               
 specialized plates in Alaska.  In further response to Senator                 
 Halford, Ms. Hensley listed the various license plates in Alaska.             
 The Children's Trust license plate would be a new plate for Alaska            
 with a new design and new colors.                                             
                                                                               
  SENATOR HALFORD  asked if the Department of Public Safety ever               
 comments on the number of license plates in the state.   JUANITA              
 HENSLEY  said that she took a neutral stand on these license plates.          
 Ms. Hensley acknowledged that there has been discussion from law              
 enforcement around the state about special license plates  , but no           
 one has come forward in opposition to special license plates.                 
                                                                               
  SENATOR GREEN  moved to report SB 157 out of committee with                  
 individual recommendations and accompanying fiscal notes.                     
 Without objection, it was so ordered.                                         
                                                                               
                                                                               
                   HJR 27 FAA "COMMUTER RULE"                                 
                                                                              
 Number 163                                                                    
                                                                               
  CHAIRMAN WARD  introduced  HJR 27  as the next order of business.            
                                                                               
  JOHNNY HAWK , Staff to Representative Ivan, read the following               
 sponsor statement into the record:                                            
                                                                               
 House Joint Resolution 27 proposes that the Federal Aviation                  
 Administration grant specific petitions for exemption from                    
 individual operators affected by the "Commuter Rule."  An exemption           
 would ensure that safety is not diminished because the aircraft               
 currently utilized, the Twin Otter, has a good safety record based            
 on statistics on aircraft accidents in Alaska.                                
                                                                               
 The Commuter Rule applies to any aircraft capable of carrying ten             
 or more passengers under Part 121 of the FAA rules which applies to           
 major operators such as United Airlines, Alaska Airlines and any              
 other major operators in the nation.  Twin Otters currently operate           
 under Part 135 of the FAA rules which apply to small aircraft.  The           
 Commuter Rule became effective on March 20, 1997.                             
                                                                               
 Rural Alaska relies totally on air transportation for passenger               
 travel and moving goods and services.  The aircraft affected by the           
 Commuter Rule is the Twin Otter which carries 10 to 19 passengers             
 and has twin-engine with turbo-props.  This aircraft has a larger             
 load capacity than a Cessna 206 or 207 and has a comparable                   
 approach speed.  The Twin Otter has a better safety record than               
 those of smaller aircraft.  There were a total of 67 accidents in             
 1995/1996 and 7 of those occurred in 10 plus seat aircraft.                   
                                                                               
 The FAA has been given specific authority by Congress to provide              
 exemptions to small air carriers in Alaska from provisions of the             
 Commuter Rule.  This resolution is requesting just that.                      
                                                                               
 Mr. Hawk informed the committee that when HJR 27 was heard in House           
 Transportation the Alaska Air Carriers Association, ERA Aviation,             
 Cape Smythe Air, and Frontier Aviation supported HJR 27.                      
                                                                               
  CHAIRMAN WARD  noted that there was an amendment in the packet and           
 asked Mr. Hawk if he would like that to be offered.   JOHNNY HAWK             
 replied yes.                                                                  
                                                                               
  SENATOR GREEN  moved Amendment 1.                                            
                                                                               
                          Amendment 1                                          
                                                                               
   Page 2, line 28, following "Transportation;":                               
    Insert "Guy S. Gardner, Associate Administrator for                        
    Regulation and Certification, Federal Aviation                             
    Administration, U.S. Department of Transportation;"                        
                                                                               
 Without objection, Amendment 1 was adopted.                                   
                                                                               
  SENATOR HALFORD  asked Mr. Hawk if there was any House discussion            
 with DOT regarding the possible cost savings to the state and small           
 airports of avoiding Part 121 operations.   JOHNNY HAWK  said that            
 there was no discussion on that possibility.  Mr. Hawk noted that             
 some small air carriers have removed seats from the air craft in              
 order to meet the requirements under Part 121.  Part 121 is very              
 onerous to the small operators.   SENATOR HALFORD  believed that it           
 cost the state money in terms of the standards applied to locations           
 and airports.  There are many state reasons for exemptions for the            
 air carrier rule.                                                             
                                                                               
  SENATOR LINCOLN  asked if any groups or individuals opposed HJR 27.          
  JOHHNY HAWK  stated that there was no stated opposition to HJR 27 in         
 House Transportation.                                                         
                                                                               
  SENATOR WILKEN  said that there are two problems with HJR 27 which           
 really relate more to Part 121.  Part 121 is a result of some of              
 the commuter crashes in the Lower 48, but Alaska does not have the            
 same situation as the Lower 48.  Part 121 addresses air craft with            
 10 seats or greater.  In Alaska, most of the crashes occur with air           
 craft having nine seats or less.  The wrong tool is being used to             
 fix the problem.  Senator Wilken informed everyone that Frontier              
 Airlines had applied to the federal government for an exemption               
 which was denied.  Frontier Airlines has already spent a lot of               
 money for modifications.  Now with HJR 27, airlines who have waited           
 will not have to comply and therefore end up with a competitive               
 advantage.  This issue should have been addressed earlier.                    
                                                                               
  JOE SPAUGE , ERA Aviation, noted that the Commuter Rule went into            
 effect March 20th.  Several air carriers have submitted certain               
 petitions for exemption that were granted in some cases and denied            
 in others.  Mr. Spauge agreed with Senator Wilken's remarks that              
 this issue should have been addressed earlier.  Mr. Spauge believed           
 that it would be worthwhile to pass HJR 27 due to the need for                
 continued relief from the Commuter Rule for those that did or did             
 not receive exemptions.  Passage of HJR 27 will be a valuable tool            
 in dealing with the FAA on this issue.                                        
                                                                               
  SENATOR WILKEN  moved to report SCS HJR 27(TRA) out of committee             
 with individual recommendations and the attached zero fiscal note.            
 Without objection, it was so ordered.                                         
                                                                               
                                                                               
           HB 222 ABANDONED,WRECKED,OR JUNK VEHICLES                          
                                                                              
 Number 280                                                                    
                                                                               
  CHAIRMAN WARD  announced that  CSHB 222(TRA)am  was the next order of        
 business before the committee.                                                
                                                                               
  REPRESENTATIVE ROKEBERG , Prime Sponsor, explained that HB 222 would         
 provide local governments with an extra tool in which to dispose or           
 impound wrecked or junked vehicles.  Representative Rokeberg                  
 emphasized that ability only refers to vehicles on public property,           
 except without the consent of the owner - for example a parking               
 lot.  A number of vehicles are abandoned on the streets and                   
 highways which is a problem with regard to safety and traffic.                
 Often, such vehicles are not properly registered and are difficult            
 to trace.  For example in the Municipality of Anchorage, there are            
 more than 1,000 vehicles each year that must be dealt with which              
 result in a cost of $126,000.  HB 222 provides for the expedited              
 removal of junk vehicles from streets and rights-of-way.  HB 222              
 would also provide a reduction in the holding time and processing             
 time for junk vehicles from 30 days to 15 days.  HB 222 would                 
 assist in reducing the number of junk vehicles which are sold                 
 through auction and often end up back on the streets.  HB 222 would           
 also allow that titled, but not registered vehicles could be                  
 auctioned.  HB 222 would allow municipalities to establish                    
 ordinances to deal with junked vehicles.  Representative Rokeberg             
 informed the committee that the Municipality of Anchorage, the City           
 & Borough of Ketchikan, the Alaska Municipal League, and the Alaska           
 Tow Truck Association support HB 222.                                         
                                                                               
  SENATOR GREEN  asked if this is in a municipality.   REPRESENTATIVE          
 ROKEBERG  replied yes.  Representative Rokeberg explained that                
 HB 222 makes some changes to existing state statute which has                 
 hindered the municipality's ability to deal with junked vehicles.             
 This legislation was requested by the Municipality of Anchorage and           
 a number of recommendations were dealt with from the City & Borough           
 of Ketchikan.                                                                 
                                                                               
  SENATOR HALFORD  wanted to ensure that the new definition of "junked         
 vehicle" did not describe the car Senator Halford drove everyday.             
  REPRESENTATIVE ROKEBERG  pointed out that a vehicle cannot be left           
 in a public right-of-way for longer than 24 hours.  Representative            
 Rokeberg noted that the committee packet included a letter from a             
 Ketchikan attorney which indicates that in Ketchikan people seem to           
 like to do car repairs on the side of the road.  Those people move            
 their car two feet forward one night and two feet backward the next           
 in order that the car is not considered unattended.  Therefore, the           
 language "reasonably appears to be abandoned" was added to                    
 accommodate that situation.  Representative Rokeberg believed that            
 Senator Halford should not have a problem with his vehicle unless             
 the vehicle had broken glass.                                                 
                                                                               
  SENATOR HALFORD  said that what is being done with HB 222 is not a           
 problem, however Senator Halford wanted to ensure that the                    
 definition did not apply to anything else.   REPRESENTATIVE ROKEBERG          
 said that was not his understanding.                                          
                                                                               
  SENATOR GREEN  moved to report CSHB 222(TRA)am out of committee with         
 individual recommendations and accompanying fiscal notes.  Without            
 objection, it was so ordered.                                                 
                                                                               
                                                                               
            HB 246 GEORGE W. PALMER MEMORIAL BRIDGE                           
                                                                              
 Number 350                                                                    
                                                                               
  CHAIRMAN WARD  introduced  HB 246  as the next order of business.            
                                                                               
  SANDRA YOCOM , Staff to Representative Ogan, explained that HB 246           
 would name the bridge being built over the Matanuska River.                   
 Representative Ogan introduced HB 246 on behalf of Justin Kaucic,             
 a local Palmer youth.  Mr. Kaucic collected 401 signatures and                
 gained support from the Borough and City of Palmer which both                 
 issued resolutions.  Ms. Yocom informed the committee that George             
 Palmer, after whom the bridge would be named, arrived in Alaska in            
 1875 and operated a trading post near the site of the new bridge.             
 Mr. Palmer died in 1935 and in 1951 a small Alaskan city                      
 incorporated and choose the name Palmer in order to reflect Mr.               
 Palmer's pioneering spirit and independence.  That remeberance                
 would be extended with the naming of the new bridge.                          
                                                                               
  JUSTIN KAUCIC , Palmer youth, believed that naming the bridge after          
 George Palmer was appropriate due to Mr. Palmer's trading post                
 being near the bridge site.                                                   
                                                                               
  SENATOR GREEN  moved to report HB 246 out of committee with                  
 individual recommendations.  Without objection, it was so ordered.            
                                                                               
                                                                               
          SB 192 MAINTENANCE & REPAIR OF STATE VESSELS                        
                                                                              
 Number 372                                                                    
                                                                               
  CHAIRMAN WARD  announced that  SB 192  would be the last order of            
 business before the committee.                                                
                                                                               
  JOE AMBROSE , Staff to Senator Taylor, informed the committee that           
 SB 192 was introduced as backup to SB 21, the Marine Highway                  
 Authority, which the Senate has already passed.  During the debate            
 of SB 21 on the Senate floor, there was discussion of the provision           
 in state law requiring that state owned vessels be maintained and             
 repaired in Alaska which will sunset August 30, 1997.  SB 192 has             
 been introduced in order to ensure that the sunset does not occur.            
 SB 21 included Sections 21 and 22 that would eliminate the sunset             
 clause and the language from those sections has been used exactly.            
                                                                               
  MIKE DOWNING , Director of the Division of Engineering & Operations          
 in DOT/PF, stated that the Administration supports the Ketchikan              
 Shipyard and wants to continue doing work in the Ketchikan                    
 Shipyard.  The existing statute works fine as is, but the sunset              
 provision is the problem.  Mr. Downing provided the committee with            
 a handout that denoted the work DOT has done at the Ketchikan                 
 Shipyard since 1990.  Mr. Downing preferred to extend the sunset              
 provision to the year 2002.  The problem with the elimination of              
 the statute is that the statute provides an exemption from the                
 procurement code which allows DOT to go to Ketchikan and negotiate            
 the contracts on marine highway vessels.  Mr. Downing expressed the           
 need for that statute to remain.  Much of SB 192 is the result of             
 work between DOT, Senator Taylor's staff, and Representative                  
 William's staff.  Mr. Downing proposed that the sunset provision be           
 extended.                                                                     
                                                                               
  SENATOR GREEN  asked if that required an amendment.   JOE AMBROSE            
 explained that SB 192 as SB 21 before it repeals the sunset                   
 provision.  It has been 10 years since the law originally passed              
 and it is not necessary to revisit it every five years.                       
                                                                               
  MIKE DOWNING  expressed concern with SB 192 regarding the definition         
 of the "interport differential."  The definition refers to "out of            
 the state" which Mr. Downing believed could result in there not               
 being an interport differential between Ketchikan and Seward.  Mr.            
 Downing was concerned that would favorably effect the Ketchikan               
 Shipyard over the Seward Shipyard.                                            
                                                                               
  SENATOR WILKEN  moved to report SB 192 out of committee with                 
 individual recommendations and the fiscal note that is not yet                
 available.  Without objection, it was so ordered.                             
                                                                               
 There being no further business before the committee, the meeting             
 was adjourned at 3:45 p.m.                                                    
                                                                               

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