Legislature(2003 - 2004)

04/15/2003 01:40 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         April 15, 2003                                                                                         
                           1:40 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Cowdery, Chair                                                                                                     
Senator Thomas Wagoner, Vice Chair                                                                                              
Senator Donny Olson                                                                                                             
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 124                                                                                                              
"An Act relating to commercial motor vehicle drivers and their                                                                  
employers and to railroad-highway grade crossings; and providing                                                                
for an effective date."                                                                                                         
     MOVED SCS HB 124(TRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
HB 124 - See Labor and Commerce minutes dated 3/27/03 and                                                                       
4/3/03.                                                                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Todd Larkin                                                                                                                 
Staff to Representative Holm                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Presented HB 124 for the sponsor                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-15, SIDE A                                                                                                            
                                                                                                                                
CHAIR  JOHN COWDERY  called  the  Senate Transportation  Standing                                                             
Committee meeting to  order at 1:40 p.m.  Senators Wagoner, Olson                                                               
and  Chair  Cowdery  were  present.  Senator  Therriault  arrived                                                               
momentarily. The committee took up HB 124.                                                                                      
                                                                                                                                
        HB 124-COMMERCIAL MOTOR VEHICLE DRIVERS/EMPLOYER                                                                    
                                                                                                                                
MR.  TODD LARKIN,  staff to  Representative Holm,  sponsor of  HB
124, gave the following overview of the measure.                                                                                
                                                                                                                                
     HB 124 seems  to us a pretty simple  bill. It basically                                                                    
     addresses a  gap in state statute  that was threatening                                                                    
     the loss of some of  our highway funds. Apparently when                                                                    
     you train for  a CDL, they teach you  if you're driving                                                                    
     certain kinds of commercial vehicles,  you need to stop                                                                    
     at  all railroad  crossings, run  your flashers,  check                                                                    
     and go - check for a  train and go. In the federal code                                                                    
     it states  that also, but apparently  in Alaska statute                                                                    
     it just doesn't. So, the  governor's office noticed the                                                                    
     oversight and we carried it  through the Governor.  Our                                                                    
     research confirmed  the same  thing. It turns  out that                                                                    
     some highway  funds are  in jeopardy if  we are  not in                                                                    
     compliance  with  that  federal  code so  this  is  the                                                                    
     minimum necessary to get us into compliance.                                                                               
                                                                                                                                
SENATOR OLSON  asked whether the Alaska  Trucking Association had                                                               
any input on this bill.                                                                                                         
                                                                                                                                
MR.  LARKIN said  that Representative  Holm received  no negative                                                               
comments   from   the   Teamsters  Union   or   Alaska   Trucking                                                               
Association. He  noted the lobbyist that  represents the trucking                                                               
and shipping industry said they are comfortable with the bill.                                                                  
                                                                                                                                
CHAIR COWDERY affirmed that he received the same information.                                                                   
                                                                                                                                
MR. LARKIN said the Department of  Law (DOL) said the training in                                                               
Alaska is so good that the  Department of Public Safety (DPS) has                                                               
not handed out a citation for this offense in 12 years.                                                                         
                                                                                                                                
SENATOR OLSON  asked if the  truck drivers and truck  owners have                                                               
weighed in positively on this legislation.                                                                                      
                                                                                                                                
MR. LARKIN affirmed they had and  said this legislation has had a                                                               
lot of exposure.                                                                                                                
                                                                                                                                
SENATOR WAGONER asked if this  legislation would pertain to every                                                               
commercially operated  vehicle driven by  someone with a  CDL. He                                                               
questioned whether it would cover FedEx drivers.                                                                                
                                                                                                                                
MR. LARKIN  said the language  in the bill purposely  refers back                                                               
to the federal code that specifies whom this applies to.                                                                        
                                                                                                                                
CHAIR  COWDERY proposed  an  amendment  to page  2,  line 27,  to                                                               
insert the word "knowingly" between "(8)" and "operating".                                                                      
                                                                                                                                
MR.  LARKIN said  he  had  not spoken  with  anyone  from DPS  to                                                               
determine  whether  that  language  change  would  make  it  more                                                               
difficult to  issue citations. He  said that  Representative Holm                                                               
is not opposed  to the amendment but requests that  it is made in                                                               
a conceptual  format so  that the legal  drafter could  take that                                                               
concern into consideration.                                                                                                     
                                                                                                                                
CHAIR  COWDERY  said that  was  his  intention and  that  without                                                               
objection, the amendment was adopted.                                                                                           
                                                                                                                                
SENATOR WAGONER motioned  to pass SCS HB  124(TRA) from committee                                                               
with individual recommendations and attached fiscal note.                                                                       
                                                                                                                                
CHAIR  COWDERY  announced  that  without  objection,  the  motion                                                               
carried. He adjourned the meeting at 1:47 p.m.                                                                                  

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