Legislature(2017 - 2018)BUTROVICH 205

03/01/2018 01:30 PM TRANSPORTATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 163 DEFINITION OF COMMERCIAL MOTOR VEHICLES TELECONFERENCED
Heard & Held
+ HB 204 OVERTAKING/PASSING ROAD WORK VEHICLES TELECONFERENCED
Heard & Held
+ HB 82 OFF HWY DRIVER'S LIC.;REGISTRATION;INSUR. TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         March 1, 2018                                                                                          
                           1:31 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bert Stedman, Chair                                                                                                     
Senator Anna MacKinnon                                                                                                          
Senator Click Bishop                                                                                                            
Senator David Wilson                                                                                                            
Senator Dennis Egan                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 163                                                                                                             
"An Act relating to commercial motor vehicles."                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 204(JUD)                                                                                
"An Act relating to overtaking and passing certain stationary                                                                   
vehicles."                                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 82(STA) AM                                                                              
"An Act relating to vehicle registration; relating to off-                                                                      
highway restricted areas; and relating to motor vehicle                                                                         
liability insurance."                                                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 163                                                                                                                  
SHORT TITLE: DEFINITION OF COMMERCIAL MOTOR VEHICLES                                                                            
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/26/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/26/18       (S)       TRA, STA                                                                                               
03/01/18       (S)       TRA AT  1:30 PM BUTROVICH 205                                                                          
                                                                                                                                
BILL: HB 204                                                                                                                  
SHORT TITLE: OVERTAKING/PASSING ROAD WORK VEHICLES                                                                              
SPONSOR(s): KAWASAKI                                                                                                            
                                                                                                                                
03/29/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/17       (H)       TRA, JUD                                                                                               
04/06/17       (H)       TRA AT 1:00 PM BARNES 124                                                                              
04/06/17       (H)       Moved HB 204 Out of Committee                                                                          
04/06/17       (H)       MINUTE(TRA)                                                                                            
04/07/17       (H)       TRA RPT 2DP 5AM                                                                                        
04/07/17       (H)       DP: KOPP, DRUMMOND                                                                                     
04/07/17       (H)       AM: CLAMAN, SULLIVAN-LEONARD, NEUMAN,                                                                  
                         WOOL, STUTES                                                                                           
04/13/17       (H)       JUD AT  5:30 PM GRUENBERG 120                                                                          
04/13/17       (H)       Moved CSHB 204(JUD) Out of Committee                                                                   
04/13/17       (H)       MINUTE(JUD)                                                                                            
04/14/17       (H)       JUD RPT CS(JUD) 4DP 3NR                                                                                
04/14/17       (H)       DP:   KOPP,    KREISS-TOMKINS,   FANSLER,                                                              
                         CLAMAN                                                                                                 
04/14/17       (H)       NR: EASTMAN,  LEDOUX, REINBOLD                                                                         
04/17/17       (H)       TRANSMITTED TO (S)                                                                                     
04/17/17       (H)       VERSION: CSHB 204(JUD)                                                                                 
05/01/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/01/17       (S)       TRA, JUD                                                                                               
03/01/18       (S)       TRA AT  1:30 PM BUTROVICH 205                                                                          
                                                                                                                                
BILL: HB 82                                                                                                                   
SHORT TITLE: OFF HWY DRIVER'S LIC; REGISTRATION; INSUR.                                                                         
SPONSOR(s): KREISS-TOMKINS                                                                                                      
                                                                                                                                
01/25/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/17       (H)       STA, TRA                                                                                               
02/02/17       (H)       STA AT  3:00 PM GRUENBERG 120                                                                          
02/02/17       (H)       Scheduled but Not Heard                                                                                
02/23/17       (H)       STA AT  3:00 PM GRUENBERG 120                                                                          
02/23/17       (H)       <Bill Hearing Canceled>                                                                                
02/28/17       (H)       STA AT  3:00 PM GRUENBERG 120                                                                          
02/28/17       (H)       Heard & Held                                                                                           
02/28/17       (H)       MINUTE(STA)                                                                                            
03/09/17       (H)       STA AT  3:00 PM GRUENBERG 120                                                                          
03/09/17       (H)       Heard & Held                                                                                           
03/09/17       (H)       MINUTE(STA)                                                                                            
03/14/17       (H)       STA AT  3:00 PM GRUENBERG 120                                                                          
03/14/17       (H)       Moved CSHB 82(STA) Out of Committee                                                                    
03/14/17       (H)       MINUTE(STA)                                                                                            
03/20/17       (H)       STA RPT CS(STA) NT 3DP 2NR                                                                             
03/20/17       (H)       DP: KNOPP, TUCK, KREISS-TOMKINS                                                                        
03/20/17       (H)       NR: WOOL, LEDOUX                                                                                       
03/28/17       (H)       TRA AT 1:00 PM BARNES 124                                                                              
03/28/17       (H)       Heard & Held                                                                                           
03/28/17       (H)       MINUTE(TRA)                                                                                            
03/30/17       (H)       TRA AT 1:00 PM BARNES 124                                                                              
03/30/17       (H)       Moved CSHB 82(STA) Out of Committee                                                                    
03/30/17       (H)       MINUTE(TRA)                                                                                            
03/31/17       (H)       TRA RPT CS(STA) NT 5DP 1NR                                                                             
03/31/17       (H)       DP: CLAMAN, DRUMMOND, SULLIVAN-LEONARD,                                                                
                         KOPP, WOOL                                                                                             
03/31/17       (H)       NR: NEUMAN                                                                                             
04/08/17       (H)       NOT TAKEN UP 4/8 - ON 4/9 CALENDAR                                                                     
04/10/17       (H)       TRANSMITTED TO (S)                                                                                     
04/10/17       (H)       VERSION: CSHB 82(STA) AM                                                                               
04/11/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/17       (S)       TRA, STA                                                                                               
03/01/18       (S)       TRA AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOHN BINDER, Deputy Commissioner                                                                                                
Alaska Department of Transportation and Public Facilities                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided an introduction of SB 163.                                                                       
                                                                                                                                
DAN SMITH, Director                                                                                                             
Division of Measurement Standards and Commercial Vehicle                                                                        
Enforcement                                                                                                                     
Alaska Department of Transportation and Public Facilities                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided a sectional overview of SB 163.                                                                  
                                                                                                                                
AVES THOMPSON, Executive Director                                                                                               
Alaska Trucking Association                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 163.                                                                           
                                                                                                                                
WILLIAM JODWALIS, Staff                                                                                                         
Representative Kawasaki                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of HB 204.                                                                           
                                                                                                                                
BOB ANDERSON, Central Region Chief of Maintenance and Operations                                                                
Alaska Department of Transportation and Public Facilities                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 204.                                                                           
                                                                                                                                
DAN CARSON, representing self                                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 204.                                                                           
                                                                                                                                
DUSTIN WITTE, Employee                                                                                                          
Alaska Department of Transportation and Public Facilities                                                                       
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 204.                                                                           
                                                                                                                                
DAN LOWDEN, Captain                                                                                                             
Alaska State Troopers                                                                                                           
Alaska Department of Public Safety                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Did not provide a position on HB 204.                                                                     
                                                                                                                                
MATT WALKER, State Traffic and Safety Engineer                                                                                  
Alaska Department of Transportation and Public Facilities                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 204.                                                                           
                                                                                                                                
TRENTON ENGLISH, Business Representative                                                                                        
Public Employees Local 71                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 204.                                                                           
                                                                                                                                
DON ETHRIDGE, Lobbyist                                                                                                          
Alaska AFL-CIO                                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 204.                                                                           
                                                                                                                                
NOAH STAR, Staff                                                                                                                
Representative Kreiss-Tomkins                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided an overview of HB 82 and answered                                                                
questions.                                                                                                                      
                                                                                                                                
MARLA THOMPSON, Director                                                                                                        
Division of Motor Vehicles                                                                                                      
Alaska Department of Administration                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions regarding HB 82.                                                                       
                                                                                                                                
DAVID EPSTEIN, Region Traffic and Safety Engineer                                                                               
Department of Transportation and Public Facilities                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions regarding HB 82.                                                                       
                                                                                                                                
GEORGINA DAVIS-GASTELUM, representing self                                                                                      
Kake, Alaska                                                                                                                    
POSITION STATEMENT: Testified in support of HB 82.                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:31:36 PM                                                                                                                    
CHAIR BERT STEDMAN called the Senate Transportation Standing                                                                  
Committee meeting to order at 1:31 p.m. Present at the call to                                                                  
order were Senators MacKinnon, Bishop, and Chair Stedman.                                                                       
                                                                                                                                
         SB 163-DEFINITION OF COMMERCIAL MOTOR VEHICLES                                                                     
                                                                                                                              
1:31:59 PM                                                                                                                    
CHAIR STEDMAN announced the consideration of SB 163.                                                                            
                                                                                                                                
1:32:33 PM                                                                                                                    
JOHN BINDER, Deputy Commissioner, Alaska Department of                                                                          
Transportation and Public Facilities, Anchorage, Alaska,                                                                        
provided an introduction of SB 163 as follows:                                                                                  
                                                                                                                                
     SB  163  proposes  to  bring   Alaska's  definitions  of                                                                   
     "commercial  motor  vehicle"   into  the  21st  century.                                                                   
     Senate Bill  163 proposed  changes will benefit  farmers                                                                   
     who transport  agricultural  commodities or supplies  in                                                                   
     Alaska  because existing restrictions  on farm  vehicles                                                                   
     limit their  movement to within  150 miles of  the farm.                                                                   
     SB  163  will  allow  farmers  to  operate  anywhere  in                                                                   
     Alaska.  The  Moving  Ahead  for Progress  in  the  21st                                                                   
     Century  Act (MAP-21),  made the  federal regulation  of                                                                   
     farmers  less  restrictive  than  our  current  existing                                                                   
     language  in Alaska  statute. SB 163  also proposes  the                                                                   
     transportation   of   hazardous  materials   should   be                                                                   
     amended to only  apply to quantities of  substances that                                                                   
     require  a  placard  regardless   of  the  size  of  the                                                                   
     vehicle.  Finally,  the definition  of  "school bus"  is                                                                   
     updated  to provide  clarity for when  school buses  are                                                                   
     exempt from commercial motor vehicle requirements.                                                                         
                                                                                                                                
1:32:38 PM                                                                                                                    
SENATOR EGAN joined the committee meeting.                                                                                      
                                                                                                                                
1:33:56 PM                                                                                                                    
DAN  SMITH,  Director,  Division   of  Measurement  Standards  and                                                              
Commercial    Vehicle    Enforcement,   Alaska    Department    of                                                              
Transportation and  Public Facilities, Juneau, Alaska,  provided a                                                              
sectional overview of SB 163 as follows:                                                                                        
                                                                                                                                
     Section 1                                                                                                              
     AS 19.10.300,  the area that  we intended to  change was                                                                   
     in  AS 19.10.399  which is  "definitions." AS  19.10.300                                                                   
     is  financial responsibility,  but  since  we are  using                                                                   
     this wording  later on in the  bill, this was  to mirror                                                                   
     those changes that you will be seeing later.                                                                               
                                                                                                                                
     Page 2, line 4                                                                                                         
     When we start  talking about "covered farm  vehicles" is                                                                   
     really  the  meat  of this  bill.  Presently,  a  farmer                                                                   
     using  a farm  vehicle away  from their  farm after  150                                                                   
     miles  from that farm  they are  then treated as  though                                                                   
     they are  a motor  carrier, meaning  they would have  to                                                                   
     meet all of  the requirements of a carrier,  having like                                                                   
     a DOST  number markings on  their vehicle, that  sort of                                                                   
     thing;  this   change  would   allow  them  to   operate                                                                   
     anywhere in the state.                                                                                                     
                                                                                                                                
     Page 2, line 29                                                                                                        
     When  we  get  to "placard,"  there  are  times  when  a                                                                   
     commercial  vehicle may be  hauling a substance  that is                                                                   
     deemed a hazardous  material but it's not  in a quantity                                                                   
     that requires  a placard.  If I owned  an air taxi,  for                                                                   
     instance,  I  went  and  picked  up  a  55-gallon  drum,                                                                   
     that's  not  an  amount  of gas  that  would  require  a                                                                   
     placard,  so sometimes  that  situation  arises, and  we                                                                   
     just  wanted  to  be  really   clear  when  somebody  is                                                                   
     operating a  vehicle as a  commercial vehicle  that then                                                                   
     would be requiring a placard.                                                                                              
                                                                                                                                
     "School buses" and "school bus operations"                                                                             
     Presently,  in AS 19.10.399  it says, "School  buses are                                                                   
     not  commercial vehicles,"  so  we wanted  to make  this                                                                   
     change to clarify  that school buses when  they are used                                                                   
     for  transporting school  children from  home to  school                                                                   
     or school  to home,  that is  school bus operations  and                                                                   
     they  are exempt from  the requirements.  So, right  now                                                                   
     it  is   too  broad,   and  it   is  not  a   compatible                                                                   
     definition, we  say "all school buses." If  a school bus                                                                   
     in  the  summer  is  picking up  down  here  and  taking                                                                   
     passengers  from  a  cruise  ship out  to  the  glacier,                                                                   
     that's a  motor carrier of  passengers at that  time and                                                                   
     they  would  be regulated  as  such, they  already  know                                                                   
     that because  that's how  we've regulating them  because                                                                   
     most  of them  are in  interstate  commerce already  and                                                                   
     therefore are falling under a more restrictive rule.                                                                       
                                                                                                                                
1:36:41 PM                                                                                                                    
SENATOR MACKINNON  asked what the current  commercial requirements                                                              
are for school bus drivers or for school buses.                                                                                 
                                                                                                                                
MR. SMITH replied as follows:                                                                                                   
                                                                                                                                
     For  those   exempt  operations  I  can't   answer  that                                                                   
     question  because   DOT&PF  doesn't  regulate   them,  I                                                                   
     believe   that's  Early   Education   that  sets   those                                                                   
     requirements  for school buses  when they are  operating                                                                   
     as  a  "school  bus;"  once they  are  outside  of  that                                                                   
     definition,   absolutely,    I   can   tell    you   the                                                                   
     requirements for a motor carrier of passengers.                                                                            
                                                                                                                                
SENATOR MACKINNON  explained that  her intent  was to find  out if                                                              
there  were  any  unintended  consequences   from  the  change  in                                                              
definition  that  will  affect  schools  and  the  safety  of  the                                                              
children that are being transported.                                                                                            
                                                                                                                                
1:37:38 PM                                                                                                                    
SENATOR WILSON joined the committee meeting.                                                                                    
                                                                                                                                
MR.   SMITH  replied   that  he   did  know   of  any   unintended                                                              
consequences. He  explained that for the  most part, a  lot of the                                                              
school bus  transport is  being conducted  by government  agencies                                                              
who  are  already exempt.  He  said  for  those carriers  that  do                                                              
school  bus  operations  and  then  would  have  operations  as  a                                                              
commercial    carrier,   they    abide    by   stringent    driver                                                              
qualifications and vehicle requirements.                                                                                        
                                                                                                                                
SENATOR  BISHOP asked  if  the exemption  for  farmers to  operate                                                              
anywhere  in  the   state  without  a  CDL   [commercial  drivers                                                               
license] was federal law.                                                                                                       
                                                                                                                                
MR.  SMITH replied  that is  correct; it  is the  49 CFR.  [United                                                              
State Code of Federal Regulation (CFR)]                                                                                         
                                                                                                                                
SENATOR BISHOP disclosed  that he had considered  adding minors to                                                              
the exemption, but  a federal exemption was required.  He asked if                                                              
the bill  gets around that requirement  because 49 CFR  allows the                                                              
exemption for agriculture.                                                                                                      
                                                                                                                                
MR. SMITH answered yes.                                                                                                         
                                                                                                                                
1:39:17 PM                                                                                                                    
SENATOR MACKINNON  addressed her  concerns regarding  farm vehicle                                                              
safety as follows:                                                                                                              
                                                                                                                                
     My only  question is  regarding safety  and whether  the                                                                   
     roads  will be  safe  with these  types  of vehicles  on                                                                   
     them without  the same certification as  a "commercial."                                                                   
     I   understand  the   economic   disadvantage  for   the                                                                   
     farmers, agriculture  is a tough  business to be  in and                                                                   
     moving  your  goods  to market  is  difficult,  but  the                                                                   
     vehicles and  the safety of  those vehicles is  still of                                                                   
     concern to  all of us.  Can you speak  to the safety  of                                                                   
     farm vehicles  on a road? I understand it  is allowed on                                                                   
     a national  level, but Alaska  faces some severe  winter                                                                   
     conditions  and  others  that  require  us  to  look  at                                                                   
     everything in a unique way.                                                                                                
                                                                                                                                
MR.  SMITH replied  that there  will  be no  measurable effect  on                                                              
safety.                                                                                                                         
                                                                                                                                
SENATOR  BISHOP asked  him to  address  safety regarding  18-wheel                                                              
farm  vehicles and  inquired if  the  vehicle is  exempt from  DOT                                                              
inspection.                                                                                                                     
                                                                                                                                
MR. SMITH  answered that a farm  vehicle would meet  the exception                                                              
for a  covered farm  vehicle or  existing farm vehicle  exception.                                                              
He added that an  exemption would also apply to [49  CFR Part 391]                                                              
for the medical and [49 CFR Part 383] for driver qualifications.                                                                
                                                                                                                                
SENATOR  BISHOP   addressed  air   brakes  and  inquired   if  the                                                              
tolerances are  the same  for farmers as  they are for  commercial                                                              
carriers.                                                                                                                       
                                                                                                                                
MR. SMITH answered yes.                                                                                                         
                                                                                                                                
1:41:38 PM                                                                                                                    
SENATOR STEDMAN opened public testimony.                                                                                        
                                                                                                                                
1:41:59 PM                                                                                                                    
AVES THOMPSON,  Executive Director,  Alaska Trucking  Association,                                                              
Anchorage, Alaska,  testified in support  of SB 163.  He specified                                                              
that any  effort to clarify the  statutes makes it easier  for the                                                              
trucking industry  to comply.  He said SB  163 reduces  the burden                                                              
on   farmers  and   farm  vehicles   by   removing  the   150-mile                                                              
restriction  on   farms  transporting  their  own   "covered  farm                                                              
vehicles"  in the conduct  of their  business  and allows  them to                                                              
operate statewide.  He noted  that if  a choice  is made  to enter                                                              
the  "for hire  world,"  compliance  with the  commercial  vehicle                                                              
rules  and regulations  will be  required.  He added  that SB  163                                                              
provides  certainty for motor  carriers of  passengers by  clearly                                                              
identifying  school  bus  operations.  He  specified  that  school                                                              
buses  are   not  considered   commercial  motor  vehicles   while                                                              
conducting  "school  bus operations."  He  added  that school  bus                                                              
operators  that choose  to engage  in "for  hire" transport  other                                                              
than  school  bus  operations  would  also  have  to  comply  with                                                              
commercial  vehicle rules  and regulations.  He  detailed that  SB                                                              
163  also   provides  clarification   for  carriers   transporting                                                              
hazardous materials in amounts that require a placard.                                                                          
                                                                                                                                
1:44:07 PM                                                                                                                    
CHAIR STEDMAN closed public testimony.                                                                                          
                                                                                                                                
1:44:22 PM                                                                                                                    
CHAIR STEDMAN held SB 163 in committee.                                                                                         
                                                                                                                                
          HB 204-OVERTAKING/PASSING ROAD WORK VEHICLES                                                                      
                                                                                                                                
1:44:33 PM                                                                                                                    
CHAIR STEDMAN announced the consideration of HB 204.                                                                            
                                                                                                                                
1:45:03 PM                                                                                                                    
WILLIAM  JODWALIS, Staff,  Representative  Kawasaki, Alaska  State                                                              
Legislature,  Juneau, Alaska,  disclosed that  Dan Carson,  former                                                              
DOT&PF  equipment   operator  in  Fairbanks,  brought   the  issue                                                              
forward.  He said he  would speak  briefly as  to current  statute                                                              
what  the  bill  does,  what  changes  have  been  made  from  its                                                              
original version  and the penalties  that come with  any violation                                                              
of what this bill puts forward as follows:                                                                                      
                                                                                                                                
     Under AS  28.35.185(a), drivers  are required to  vacate                                                                   
     the nearest  lane or  slowdown when approaching  certain                                                                   
     stationary  emergency  and  service vehicles  which  are                                                                   
     flashing  emergency  lights  on a  highway  or  roadway.                                                                   
     Such vehicles  currently include:  emergency, fire,  law                                                                   
     enforcement,  animal control  vehicles,  and tow  trucks                                                                   
     in  the act of  picking up  a vehicle.  This bill  adds,                                                                   
     "Vehicle in  the act of performing maintenance  or road-                                                                   
     service work,"  to the list  of vehicles subject  to the                                                                   
     existing  move-over  law, allowing  private  contractor,                                                                   
     municipal  maintenance   vehicles  to  fall   under  its                                                                   
     jurisdiction,     including     the    Department     of                                                                   
     Transportation.                                                                                                            
                                                                                                                                
     Under  this bill  if a  driver approaches  one of  these                                                                   
     vehicles, those  preforming maintenance or  road service                                                                   
     work which  is displaying  flashing emergency lights  on                                                                   
     a  highway, with  two  or more  lanes  the driver  shall                                                                   
     vacate the lane  closest to the vehicle or  slow down to                                                                   
     a reasonable  speed  if they cannot  vacate the  closest                                                                   
     lane safely.  On a road with  fewer than two  lanes, the                                                                   
     driver   shall  slow   down   to  a   reasonable   speed                                                                   
     considering traffic, roadway, and weather conditions.                                                                      
                                                                                                                                
1:47:33 PM                                                                                                                    
MR. JODWALIS explained  changes made from the original  version of                                                              
HB 204 during committee proceeding in House Transportation.                                                                     
                                                                                                                                
CHAIR STEDMAN  asked Mr.  Jodwalis to  address the bill's  current                                                              
version.                                                                                                                        
                                                                                                                                
MR.  JODWALIS  explained the  penalties  related  to the  bill  as                                                              
follows:                                                                                                                        
                                                                                                                                
     Under AS  28.35.185, failure to  move over is a  class A                                                                   
     misdemeanor if  personal injury results from  a person's                                                                   
     failure  to vacate  the lane  or slow  down. Failure  to                                                                   
     move over  that does  not result  in personal injury  is                                                                   
     punishable  by  a  $150  fine   and  2  points  assessed                                                                   
     against  the driver's  license.  This  statute has  been                                                                   
     effective  since  September   2005.  We  confirmed  with                                                                   
     municipal  police  departments  that  they  enforce  the                                                                   
     same statute.                                                                                                              
                                                                                                                                
He summarized  that  HB 204 would  help reduce  the likelihood  of                                                              
work-zone-related accidents  and tragedies and help  make Alaska's                                                              
roads a safer place to drive and work.                                                                                          
                                                                                                                                
SENATOR  WILSON  asked how  the  bill  differs from  current  laws                                                              
regarding highway work zones.                                                                                                   
                                                                                                                                
MR. JODWALIS  specified that  the bill  would apply to  situations                                                              
where someone is working on the side of the road.                                                                               
                                                                                                                                
1:51:32 PM                                                                                                                    
SENATOR WILSON asked what the requirement and process is from                                                                   
DOT&PF for an individual to work on potholes or guardrails.                                                                     
                                                                                                                                
MR. JODWALIS replied that DOT&PF can better answer Senator                                                                      
Wilson's question.                                                                                                              
                                                                                                                                
SENATOR BISHOP commented as follows:                                                                                            
                                                                                                                                
     Let  me   help  you  explain   this.  So,  you   have  a                                                                   
     construction project  that has an improved  traffic plan                                                                   
     in  it, let's  say  it's a  bid awarded  DOT&PF  highway                                                                   
     construction  project.  So,  we have  two  issues  here,                                                                   
     this  bill with a  DOT&PF approved  traffic plan,  okay,                                                                   
     that's over  here. This bill  is, as I interpret  it, is                                                                   
     trying to fix  what's not a DOT&PF  awarded construction                                                                   
     plan  to  a  private  contractor.  This  bill  is,  like                                                                   
     Senator  Wilson  said,  there  could  be  a  maintenance                                                                   
     issue  here where  DOT&PF is  doing  pothole repairs  or                                                                   
     doing  an overlay  where they  will  have two  flaggers,                                                                   
     they will  have two lighted  signs on either end  of the                                                                   
     job, but this  is getting a little tighter  yet where it                                                                   
     might just  be a one-truck  pothole patch or  a recovery                                                                   
     effort of a  tow vehicle, etc. This is  covering outside                                                                   
     of a controlled traffic plan outside of DOT&PF.                                                                            
                                                                                                                                
1:53:37 PM                                                                                                                    
CHAIR STEDMAN opened public testimony.                                                                                          
                                                                                                                                
1:53:53 PM                                                                                                                    
BOB   ANDERSON,   Central   Region  Chief   of   Maintenance   and                                                              
Operations,  Alaska   Department  of  Transportation   and  Public                                                              
Facilities (DOT&PF),  Anchorage, Alaska,  testified in  support of                                                              
HB 204 and commented as follows:                                                                                                
                                                                                                                                
                                                                                                                                
     DOT&PF supports  HB 204 as  it has potential  to provide                                                                   
     additional  safety to crews  that are working  along the                                                                   
     road and highways  every day. Our maintenance  operators                                                                   
     are  the people  you see  every day  working to  provide                                                                   
     safe routes  for Alaskans,  higher risk situations  they                                                                   
     face  daily  include  out   of  control  vehicles,  road                                                                   
     debris,  and close  proximity to  traffic. The  approval                                                                   
     of this bill could potentially minimize these risks.                                                                       
                                                                                                                                
He provided national work-zone accident statistics from the US                                                                  
Department of Transportation as follows:                                                                                        
                                                                                                                                
   • Work-zone accidents:                                                                                                       
        o 2015: 96,000;                                                                                                         
        o 2014: 89,000;                                                                                                         
        o 2013: 68,000.                                                                                                         
   • Work-zone accidents occur every 5.4 minutes with 0.7                                                                       
     percent resulting in a fatality.                                                                                           
                                                                                                                                
MR.  ANDERSON   disclosed  that   during  the  previous   month  a                                                              
maintenance  worker in  Colorado  sustained  fatal injuries  while                                                              
filling  potholes. He  added  that Alaska  experienced  a loss  in                                                              
[2016] when  [Robert Hammel]  was struck  [on the Seward  Highway]                                                              
while  assisting  Alaska State  Troopers.  He noted  accidents  in                                                              
work zones that occurred without serious injuries as well.                                                                      
                                                                                                                                
He summarized  that DOT&PF  staff take pride  in the work  they do                                                              
and want to make Alaska's road safe for all motorists.                                                                          
                                                                                                                                
1:56:22 PM                                                                                                                    
SENATOR  WILSON  asked Mr.  Anderson  to explain  the  safety-zone                                                              
procedures for DOT&PF maintenance work.                                                                                         
                                                                                                                                
MR. ANDERSON replied as follows:                                                                                                
                                                                                                                                
     I believe  this bill is  more pointed towards  work that                                                                   
     is done  by one or  two personnel  at one time  where we                                                                   
     don't have  to go  through the process  of setting  up a                                                                   
     complete  traffic  control  plan. We  do  have  policies                                                                   
     that  dictate that  we use  traffic  control plans,  but                                                                   
     they are  quite a bit  different than what  we typically                                                                   
     see  on  a  construction  project   for  issues  like  a                                                                   
     guardrail  repair.  We  dictate   that  our  crews  park                                                                   
     safely off  the side of the  road and out of  harm's way                                                                   
     and  we have  emergency flashing  lights  on, but  there                                                                   
     might  not be  the  whole  contention of  warning  signs                                                                   
     leading up to the work zone.                                                                                               
                                                                                                                                
SENATOR WILSON  asked him to provide  a copy of the  procedures to                                                              
the committee.                                                                                                                  
                                                                                                                                
1:58:03 PM                                                                                                                    
SENATOR MACKINNON  addressed her  concern for increased  liability                                                              
as follows:                                                                                                                     
                                                                                                                                
     Could you  tell me is  there any increased  liability as                                                                   
     we expand  our definition  beyond the  public sector?  I                                                                   
     see we  have tow trucks listed  in here so he  have made                                                                   
     an exception  once now for  tow trucks, but the  bill as                                                                   
     it  was introduced  was limited  to state,  so it  seems                                                                   
     like we  are expanding  it which would  be a good  thing                                                                   
     in the  sense that more  people would be protected,  but                                                                   
     will  the general  public  be  able to  recognize  those                                                                   
     that are performing  maintenance that might be  in these                                                                   
     corridors?                                                                                                                 
                                                                                                                                
MR. ANDERSON  answered that he does  not see any  added liability.                                                              
He  noted  that  the requirement  for  emergency  flashing  lights                                                              
continues which adds additional protection.                                                                                     
                                                                                                                                
SENATOR  BISHOP  suggested  that   DOT&PF  consider  doing  public                                                              
service  announcements to  inform the  public if  the bill  became                                                              
law.                                                                                                                            
                                                                                                                                
2:00:16 PM                                                                                                                    
DAN  CARSON, representing  self, Fairbanks,  Alaska, testified  in                                                              
support of  HB 204. He disclosed  that he used to work  for DOT&PF                                                              
in Fairbanks as  an equipment operator and that was  where he came                                                              
up with  the idea for  the bill. He  said his experience  was that                                                              
motorists  were   not  slowing  down   or  moving  over   in  road                                                              
maintenance  areas. He opined  that HB  204 would protect  workers                                                              
that are out on the road.                                                                                                       
                                                                                                                                
2:02:17 PM                                                                                                                    
DUSTIN WITTE,  employee, Alaska  Department of Transportation  and                                                              
Public Facilities,  Fairbanks, Alaska, testified in  support of HB                                                              
204. He said  there were a lot  of distracted drivers  on the road                                                              
and the bill will  keep everybody that works on the  road from tow                                                              
truck drivers to DOT&PF personnel safe.                                                                                         
                                                                                                                                
CHAIR  STEDMAN  said  Captain  Dan  Lowden  of  the  Alaska  State                                                              
Troopers  would address  the  committee. He  asked  if the  Alaska                                                              
State Troopers supported the bill.                                                                                              
                                                                                                                                
2:03:31 PM                                                                                                                    
DAN LOWDEN, Captain,  Alaska State Troopers, Alaska  Department of                                                              
Public Safety  (DPS), Anchorage, Alaska,  replied that he  was not                                                              
certain  if the  department has  taken a  position on  HB 204.  He                                                              
admitted that  the bill was clearly  intended to make  people safe                                                              
that are working along the roadway.                                                                                             
                                                                                                                                
SENATOR MACKINNON  asked  if the requirement  for flashing  lights                                                              
creates problems.                                                                                                               
                                                                                                                                
CAPTAIN LOWDEN answered as follows:                                                                                             
                                                                                                                                
     I don't  know of a  regulation that specifically  states                                                                   
     that  there  is  a  regulation   about  towing  vehicles                                                                   
     having  flashing lights,  but I suspect  from what  I've                                                                   
     seen  almost all  vehicles  that are  doing roadwork  in                                                                   
     manners  that  put  them  alongside  the  roadway,  they                                                                   
     already  have  lights.  I  think  as  it  was  discussed                                                                   
     earlier,  I don't believe  that this  bill was  intended                                                                   
     for  construction sites  that  extend  a distance  along                                                                   
     the highway,  I think this  was intended for  the single                                                                   
     kind of  vehicle that  they might  be changing a  street                                                                   
     light,   doing  potholes,   working   on  a   guardrail,                                                                   
     clearing  brush, that  sort  of thing.  I would  suspect                                                                   
     that they would  all have lights and it  certainly would                                                                   
     seem  to me  that if  they didn't  it would  in fact  be                                                                   
     hard for the  public to understand what is  going on for                                                                   
     compliance to the statute.                                                                                                 
                                                                                                                                
2:06:20 PM                                                                                                                    
SENATOR MACKINNON noted that Anchorage has had casualties and                                                                   
commented as follows:                                                                                                           
                                                                                                                                
     In Anchorage  we have  had casualties beyond  performing                                                                   
     maintenance  or road service,  but when contractors  are                                                                   
     out in the  right-of-way, they are doing the  same thing                                                                   
     and they  usually have  stationary equipment along  side                                                                   
     of  the road as  well and  those Alaskans  are in  harms                                                                   
     way  if you  don't slow  down  or move  over. We've  had                                                                   
     some  near-death  experiences  with  contractors  having                                                                   
     people in  those right-of-ways and  to me it  seems like                                                                   
     it would  qualify based on  the new language  coming out                                                                   
     of  the Judiciary  Committee that  a vehicle  performing                                                                   
     maintenance,  maintenance is  reconstruction  of a  road                                                                   
     or  road service  work,  that's reconstruction  that  it                                                                   
     would qualify.                                                                                                             
                                                                                                                                
     So, I guess  it's two-fold, I need to know  whether this                                                                   
     definition will  extend to contractors in a  roadway and                                                                   
     then  if not,  why? Then,  I also  need to  know in  the                                                                   
     summer  if you  don't  have  flashing lights  then  that                                                                   
     would  exempt those  contractors  or require  additional                                                                   
     expense  on state  contacts  or municipal  contracts  to                                                                   
     add  the flashing  lights and  is that what  we want  to                                                                   
     do?                                                                                                                        
                                                                                                                                
2:08:21 PM                                                                                                                    
MATT WALKER, State Traffic and Safety Engineer, Alaska                                                                          
Department  of  Transportation   and  Public  Facilities,  Juneau,                                                              
Alaska, testified in support of  HB 204 and commented as follows:                                                               
                                                                                                                                
     To  fulfill  the department's  mission  to  keep  Alaska                                                                   
     moving, our  employees are frequently on or  adjacent to                                                                   
     roadways and  moving traffic. We are  inspecting bridges                                                                   
     and  roadways   to  identify  repair  that   extend  our                                                                   
     infrastructure's    life.   We    are   designing    our                                                                   
     infrastructure  for safer  and  more efficient  movement                                                                   
     by  the   public.  We   are  assisting  with   emergency                                                                   
     response.  We are performing  maintenance and  operation                                                                   
     activities  like snow  and  ice removal,  and  repairing                                                                   
     signs  and pavement  markings,  and  roads and  bridges,                                                                   
     and guardrails.                                                                                                            
                                                                                                                                
CHAIR STEDMAN asked Mr. Walker to address Senator MacKinnon's                                                                   
previous questions.                                                                                                             
                                                                                                                                
SENATOR MACKINNON restated her questions as follows:                                                                            
                                                                                                                                
     We have  construction crews  that, I'll use  the Muldoon                                                                   
     bridge as  an example where  there was construction  and                                                                   
     barriers and  cones, everything set up, and  it seems to                                                                   
     me that  based on the  language that's coming  over from                                                                   
     the  other body  the act  of  performing maintenance  or                                                                   
     road  service work  that private  contractors would  now                                                                   
     be included  in this  new definition,  that's the  first                                                                   
     question. Is  that accurate, because before it  was much                                                                   
     narrower. I  certainly supported the previous  iteration                                                                   
     of  the bill where  it was  DOT&PF, that's  who we  were                                                                   
     protecting,  but I think it's  a good conversation  that                                                                   
     we  have contractors  on the  roadway  that are  placing                                                                   
     their  lives at  risk  as well  as  DOT&PF employees  or                                                                   
     other municipal folks.                                                                                                     
                                                                                                                                
2:11:14 PM                                                                                                                    
MR. WALKER replied as follows:                                                                                                  
                                                                                                                                
     These  contractors  do work  for  the department,  so  I                                                                   
     think  the fact  that they  are on  the road  performing                                                                   
     maintenance  work they  would  be covered  as they  have                                                                   
     their  flashers up; they  are still  required to  put up                                                                   
     traffic  control  when  they  are  doing  work  for  the                                                                   
     department  according  to  the  Alaska  Traffic  Manual,                                                                   
     just as our maintenance personnel are required to do.                                                                      
                                                                                                                                
SENATOR MACKINNON asked  him to touch base with  the Department of                                                              
Law and provide a definitive answer. She continued as follows:                                                                  
                                                                                                                                
     Those  contractors  who  are   working  in  the  roadway                                                                   
     should be  protected and we  should educate,  as Senator                                                                   
     Bishop suggested,  the general  population to know  that                                                                   
     if somebody  is stationary  in the roadway operating  on                                                                   
     a  road,  they should  move  to  the left,  they  should                                                                   
     vacate   the   closest  lane   to   provide   additional                                                                   
     protection to those working in the roadway.                                                                                
                                                                                                                                
     My secondary  concern is requiring the  flashing lights.                                                                   
     I'm not sure  they are always there in the  summer. Now,                                                                   
     maybe I'm  just not seeing  them because it's  light for                                                                   
     some  time during  an  Alaska summer,  but  if we  could                                                                   
     check  on whether  those lights  are required  currently                                                                   
     on all  projects or whether  those lights stop  flashing                                                                   
     during  daytime hours  because  that  might negate  them                                                                   
     from being part of this if the flashers aren't going.                                                                      
                                                                                                                                
MR.  WALKER  answered  that  the   DOT&PF  Alaska  Traffic  Manual                                                              
requires lights to be on during roadwork.                                                                                       
                                                                                                                                
CHAIR STEDMAN asked if DOT&PF was in support of the HB 204.                                                                     
                                                                                                                                
MR. WALKER answered yes.                                                                                                        
                                                                                                                                
2:13:56 PM                                                                                                                    
TRENTON ENGLISH,  Business Representative, Public  Employees Local                                                              
71, Juneau, Alaska,  testified in support of HB  204. He disclosed                                                              
that  the labor  union represents  many men  and women  throughout                                                              
the  state that  spend  a great  deal of  time  working along  the                                                              
state's roadways. He  asserted that the additions HB  204 makes to                                                              
the Move Over Law will go along way to keeping workers safe.                                                                    
                                                                                                                                
2:14:58 PM                                                                                                                    
DON   ETHRIDGE,   Lobbyist,  Alaska   AFL-CIO,   Juneau,   Alaska,                                                              
testified in  support of HB  204. He addressed Senator  McKinnon's                                                              
question  and  noted  that  the  bill is  intended  to  cover  all                                                              
construction  workers  and  DOT&PF maintenance  personnel  on  the                                                              
highways.                                                                                                                       
                                                                                                                                
2:15:45 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
2:16:15 PM                                                                                                                    
CHAIR STEDMAN called the committee back to order.                                                                               
                                                                                                                                
MR. ETHRIDGE added that traffic supervisors are trained to let                                                                  
everyone know that "caution lighting" is required with signage.                                                                 
                                                                                                                                
2:17:18 PM                                                                                                                    
CHAIR STEDMAN closed public testimony.                                                                                          
                                                                                                                                
2:17:44 PM                                                                                                                    
CHAIR STEDMAN held HB 204 in committee.                                                                                         
                                                                                                                                
      HB 82-OFF HWY DRIVER'S LIC; REGISTRATION; INSURANCE                                                                   
                                                                                                                                
2:17:57 PM                                                                                                                    
CHAIR STEDMAN announced the consideration of HB 82.                                                                             
                                                                                                                                
2:18:15 PM                                                                                                                    
NOAH STAR, Staff, Representative Kreiss-Tomkins, Alaska State                                                                   
Legislature, Juneau, Alaska, provided the following overview of                                                                 
HB 82:                                                                                                                          
                                                                                                                                
     HB  82 seeks  to  restore off-highway  driver's  license                                                                   
     eligibility   to  the  communities   of  Kake,   Hoonah,                                                                   
     Angoon,  Seldovia,  and Hyder.  What  is an  off-highway                                                                   
     driver's   license?   An  off-highway   license   allows                                                                   
     drivers  to become  legally  licensed  without taking  a                                                                   
     road  test,  exempting residents  of  small  communities                                                                   
     from  traveling by  ferry or  plane  to a  far away  DMV                                                                   
     office.  To obtain  an off-highway  driver's license  an                                                                   
     individual only  has to complete  a written test.  As of                                                                   
     last  year,   there  were  1,120  off-highway   driver's                                                                   
     licenses   in  Alaska  operating   in  294   off-highway                                                                   
     communities.                                                                                                               
                                                                                                                                
     In    2012,    constituents   from    Angoon    notified                                                                   
     Representative   Kreiss-Tomkins    that   residents   of                                                                   
     Angoon,  Kake, and  Hoonah had  been denied  off-highway                                                                   
     driver's  licenses. Despite  a  multi-decade history  of                                                                   
     applying  for and using  off-highway driver's  licenses,                                                                   
     these  residents  were  no   longer  eligible  for  off-                                                                   
     highway  licenses. Suddenly,  Angoon,  Kake, and  Hoonah                                                                   
     residents  were  faced  with   uncomfortable  decisions.                                                                   
     Residents had  to choose either pay hundreds  of dollars                                                                   
     to  fly  to  Juneau  to  take   a  road  test  using  an                                                                   
     unfamiliar  vehicle  or  stop driving  legally.  In  the                                                                   
     supporting letters  that accompany today's  presentation                                                                   
     as  well  as  the testimony,  you  will  read  how  off-                                                                   
     highway  driver's license  ineligibility affected  these                                                                   
     constituents.                                                                                                              
                                                                                                                                
     Why  did  Angoon,  Kake,  and   Hoonah  find  themselves                                                                   
     ineligible for  the licenses that they  had historically                                                                   
     used? New  regulation with inconsistent  application. To                                                                   
     be eligible  in the status  quo a community must  not be                                                                   
     "Connected  to the land-connected  state highway  system                                                                   
     with  no  access  to  a  DMV  office."  Additionally,  a                                                                   
     community  must  have  an average  traffic  count  lower                                                                   
     than  499 cars  in  order to  be  eligible  for an  off-                                                                   
     highway  driver's  license,  but these  regulations  are                                                                   
     inconsistently  applied;  for  example,  Metlakatla  and                                                                   
     Sand  Point  have  ferry  access   but  are  off-highway                                                                   
     driver's license eligible.                                                                                                 
                                                                                                                                
     HB    82   realigns    off-highway   driver's    license                                                                   
     eligibility   with  a   common   sense  and   historical                                                                   
     understanding  of  which  communities  need  off-highway                                                                   
     driver's  licenses.  HB 82  is  simple, the  bill  asks:                                                                   
     one, is an  area off the road system, and  two, does the                                                                   
     area  not  have  a  DMV?  A   "yes"  to  both  of  those                                                                   
     questions means  a community should qualify for  an off-                                                                   
     highway driver's license, that's what our bill does.                                                                       
                                                                                                                                
2:21:17 PM                                                                                                                    
MR. STAR referenced a sectional analysis for HB 82 as follows:                                                                  
                                                                                                                                
     Section 1                                                                                                              
     Amends    AS.28.10.011,   the    vehicle    registration                                                                   
     exemption  statute. It  exempts non-commercial  vehicles                                                                   
     driven  in  off-road  eligible  areas  by  drivers  with                                                                   
     valid  driver's  licenses,   including  off-road  system                                                                   
     restricted   noncommercial    driver's   license,   from                                                                   
     registration.    The   requirements   for    off-highway                                                                   
     commercial   driver's  licenses   remain  unchanged   to                                                                   
     comply with federal law.                                                                                                   
                                                                                                                                
     Section 2                                                                                                              
     Amends  section AS  28.10.011.  Requires the  department                                                                   
     to  publish  a list  of  areas  which don't  have  land-                                                                   
     connected road  access to a  driver's test once  a year.                                                                   
     Drivers  in communities  on this list  are eligible  for                                                                   
     off-highway licenses.                                                                                                      
                                                                                                                                
     Section 3                                                                                                              
     Amends AS  28.15.201(d) to  use the word "area"  instead                                                                   
     of "community"  in the  statute on  drivers required  to                                                                   
     use in-vehicle  ignition interlock  devices and  updates                                                                   
     the  statutory  citation  that   references  off-highway                                                                   
     areas.                                                                                                                     
                                                                                                                                
     Section 4                                                                                                              
     Amends AS  28.15.201(g) to  use the word "area"  instead                                                                   
     of "community"  in the statute  on court limitations  of                                                                   
     driver's  licenses and  updates  the statutory  citation                                                                   
     that references off-highway areas.                                                                                         
                                                                                                                                
     Section 5                                                                                                              
     Amends  AS  28.22.011 to  maintain  that  non-commercial                                                                   
     vehicles  driven  in  off-road  areas  (as  dictated  by                                                                   
     updated  list published  by the  department) are  exempt                                                                   
     from vehicle insurance.                                                                                                    
                                                                                                                                
     Section 6                                                                                                              
     Amends AS  28.35.030(t). Uses  the word "areas"  instead                                                                   
     of  "communities" to  include  off-road system  eligible                                                                   
     places  in  existing  statutes   on  ignition  interlock                                                                   
     devices  and updates  the  statutory  citation for  off-                                                                   
     highway areas.                                                                                                             
                                                                                                                                
     Section 7                                                                                                              
     Amends 28.35.032(t).  Uses the  word "areas" instead  of                                                                   
     "communities"   to   include    off-highway   restricted                                                                   
     eligible  drivers  in  existing   statutes  on  ignition                                                                   
     interlock  devices and  updates  the statutory  citation                                                                   
     for off-highway areas.                                                                                                     
                                                                                                                                
     Section 8                                                                                                              
     Repeals   28.22.011(b),  which   required  the  DMV   to                                                                   
     annually  publish  a  list of  communities  exempt  from                                                                   
     registration  and insurance  under  the old  eligibility                                                                   
     guidelines,  since  the  new  list  is  required  to  be                                                                   
     published under AS 28.10.011(b).                                                                                           
                                                                                                                                
2:23:27 PM                                                                                                                    
SENATOR WILSON commented as follows:                                                                                            
                                                                                                                                
     We are  constantly reminded  by our Juneau senator  upon                                                                   
     how a  lot of the  folks don't pay  their fair  share of                                                                   
     the  roadways. DOT&PF  does maintain  some of the  roads                                                                   
     or builds some  of the new highway miles  within some of                                                                   
     these communities  and so the  fee is not being  paid is                                                                   
     a bit  of a concern,  but more of  a concern is  why not                                                                   
     have  motor vehicle  insurance be required  for some  of                                                                   
     the  drivers of off-road  access; that  just seems  that                                                                   
     other motor  vehicle lists  for if they  do get  into an                                                                   
     accident  because  they  may  not go  through  the  same                                                                   
     training  or  have a  driver's  road  test so  some  may                                                                   
     theorize  that  those  folks  may  not  be  as  safe  as                                                                   
     someone who  would go through the DMV process,  take the                                                                   
     written  test  and  the road  test  to  be  commercially                                                                   
     licensed  to not  to have  those  individuals who  drive                                                                   
     motor vehicles  which can be considered a  deadly weapon                                                                   
     for  some to  not be  insured. I  just don't  understand                                                                   
     the reason of why.                                                                                                         
                                                                                                                                
MR. STAR replied that the current insurance exemption is                                                                        
untouched by the bill and detailed as follows:                                                                                  
                                                                                                                                
     The policy  question of whether off-highway  communities                                                                   
     should  be  exempt  from registration  or  insurance  is                                                                   
     untouched  by HB 82,  that exemption  is already  on the                                                                   
     books and was  on the books for the period  of time that                                                                   
     I mentioned  where the communities of Angoon,  Kake, and                                                                   
     Hoonah  had  off-highway  eligibility.  So, HB  82  only                                                                   
     seeks  to  conform  existing statute  which  affords  an                                                                   
     exemption to  these communities  to the new  method that                                                                   
     we suggest  being used  to determine  if a community  is                                                                   
     off-highway.                                                                                                               
                                                                                                                                
2:25:19 PM                                                                                                                    
SENATOR WILSON  asked if the  Alaska Marine Highway  System (AMHS)                                                              
was  included. He  inquired if  the  off-road communities  commute                                                              
through  AMHS to  another off-road  community can  continue to  be                                                              
exempt.                                                                                                                         
                                                                                                                                
MR. STAR answered as follows:                                                                                                   
                                                                                                                                
     My  understanding  is  that  if  someone  with  an  off-                                                                   
     highway  driver's license  were to  drive onto a  ferry,                                                                   
     take the  ferry to  another off-highway community,  they                                                                   
     would be able  to drive with their  off-highway driver's                                                                   
     license.  If they were  to take the  ferry from  an off-                                                                   
     highway  community to  Juneau, they  would need  someone                                                                   
     with  a  normal  license  to   accompany  in  a  vehicle                                                                   
     similar to how  a provisional license might  work if you                                                                   
     were driving in Anchorage or Juneau.                                                                                       
                                                                                                                                
SENATOR MACKINNON commented as follows:                                                                                         
                                                                                                                                
     What's  great about  surveying the people  of Alaska  is                                                                   
     understanding individual  needs in other  communities. I                                                                   
     appreciate  that these  are existing  policies, but  the                                                                   
     interlock  seems to be  a new policy.  Can you  speak to                                                                   
     me about the new policy on interlock, first?                                                                               
                                                                                                                                
MR. STAR answered as follows:                                                                                                   
                                                                                                                                
     The interlock  conforming changes  in the bill is  not a                                                                   
     new policy,  in fact, it  is actually just  a conforming                                                                   
     change  so the  same  list that  was  used to  determine                                                                   
     off-highway    communities   was    used   to    exclude                                                                   
     communities  from  being  required  from  purchasing  an                                                                   
     interlock  ignition device,  the reason  for that  being                                                                   
     based  on our conversations  with folks  is that  it can                                                                   
     be  prohibitively  difficult  to  acquire  an  interlock                                                                   
     ignition device  in these same communities which  is why                                                                   
     the same list is used.                                                                                                     
                                                                                                                                
2:27:09 PM                                                                                                                    
SENATOR MACKINNON inquired as follows:                                                                                          
                                                                                                                                
     Is    that    because    transmitting     electronically                                                                   
     information  or  do  you  know   historically  why  that                                                                   
     hasn't been  done? Again, it's  an opportunity  to learn                                                                   
     about  a community. Why  has Alaska  chosen that  in the                                                                   
     past?                                                                                                                      
                                                                                                                                
MR.  STAR stated  that  he will  get back  to  the committee  with                                                              
historical  data.  He  reiterated  that  off-highway  constituents                                                              
have said interlock  ignition devices are prohibitively  difficult                                                              
to install.                                                                                                                     
                                                                                                                                
SENATOR MACKINNON asked if there is a distinction between a                                                                     
regular driver's license and an off-highway driver's license.                                                                   
                                                                                                                                
MR. STAR answered that the two licenses look different.                                                                         
                                                                                                                                
SENATOR MACKINNON shared her concerns as follows:                                                                               
                                                                                                                                
     It concerns  me that we  are creating a different  group                                                                   
     of  folks that  don't have  to have  insurance and  that                                                                   
     could be unsafe  in their community based  on not having                                                                   
     equitable  distribution of  regulations or  laws, but  I                                                                   
     will withhold  judgement until I hear more  because I do                                                                   
     know   that   individual   communities   struggle   with                                                                   
     different things.  I lived on Dutch Harbor  before there                                                                   
     was a  bridge so it's  isolated, it's very  small, about                                                                   
     two  miles wide,  and so  it would  have been  difficult                                                                   
     without  a  boat  to  get   over  to  Unalaska  to  find                                                                   
     groceries. So,  I know that depending on where  you live                                                                   
     the  challenges   are  different,  so  I   will  refrain                                                                   
     judgement until I hear a little bit more.                                                                                  
                                                                                                                                
2:30:02 PM                                                                                                                    
SENATOR BISHOP remarked that the change occurred when somebody                                                                  
interpreted AMHS as counting as access.                                                                                         
                                                                                                                                
MR. STAR  answered correct.  He detailed that  in 2014  a traffic-                                                              
count component was  also added. He opined that  traffic count was                                                              
problematic  because the  count was  not always  kept up in  rural                                                              
communities.                                                                                                                    
                                                                                                                                
CHAIR STEDMAN asked Mr. Star to get back to the committee on the                                                                
AMHS reference because the AMHS is considered a highway and why                                                                 
should it be excluded.                                                                                                          
                                                                                                                                
SENATOR MACKINNON concurred as follows:                                                                                         
                                                                                                                                
     I appreciate  you acknowledging the Marine Highway  is a                                                                   
     highway  because  we  have those  arguments  where  I've                                                                   
     been  known  to  challenge  the  fee  structure  of  the                                                                   
     Marine  Highway and so  now the  Marine Highway isn't  a                                                                   
     highway and  that's inconsistent also. I  appreciate you                                                                   
     raising that  issue because depending on where  you live                                                                   
     in Alaska  these are  different issues.  If you live  in                                                                   
     Juneau or any  other community and you benefit  from the                                                                   
     Marine  Highway  System,  you  fight for  that  and  the                                                                   
     subsequent  dollars  that  the state  invests  on  those                                                                   
     communities  on behalf  to run  that system  and if  you                                                                   
     are on  the highway  system you  are burdened from  some                                                                   
     perspective  with insurance  and  interlock systems  and                                                                   
     other  state  regulation  that   now  is  being  treated                                                                   
     different  because of  the Marine Highway.  So, I'm  not                                                                   
     going  to  get  controversial  about  it,  but  I  would                                                                   
     concur  that we  are asking  for  a different  treatment                                                                   
     when  you are  connected to  the  Marine Highway  System                                                                   
     under this particular scenario.                                                                                            
                                                                                                                                
CHAIR STEDMAN remarked that AMHS is a highway, a scenic byway.                                                                  
                                                                                                                                
2:32:51 PM                                                                                                                    
MARLA  THOMPSON,  Director,  Division  of  Motor  Vehicles  (DMV),                                                              
Alaska   Department   of   Administration,    Anchorage,   Alaska,                                                              
explained that off-highway  licenses are marked as  a restriction.                                                              
She  added that  the off-highway  license has  been redesigned  to                                                              
clearly show that the license is off-highway.                                                                                   
                                                                                                                                
CHAIR  STEDMAN noted  that  there  was an  earlier  concern on  an                                                              
interpretation   change   dealing   with   some  of   the   remote                                                              
communities that  are attached to  AMHS. He asked if  Ms. Thompson                                                              
had any comments on the AMHS issue.                                                                                             
                                                                                                                                
MS. THOMPSON replied as follows:                                                                                                
                                                                                                                                
     The only thing  that I would comment on  is that because                                                                   
     the DOT&PF  only does the  traffic counts on  a schedule                                                                   
     that they've  got, it's not  always accurate  and things                                                                   
     can  change.  From  the  DMV's  point  of  view,  if  it                                                                   
     changes  it becomes  more confusing  for the people  who                                                                   
     live  there because  one day,  they might  have an  off-                                                                   
     highway license  and then the next day because  now it's                                                                   
     498, the  traffic, then we  have to take that  away from                                                                   
     them  and  frankly that's  an  expense  and it  is  very                                                                   
     confusing for folks.                                                                                                       
                                                                                                                                
SENATOR  WILSON  asked  Ms.  Thompson   to  address  his  previous                                                              
comment  on "fees  not  paid"  as well  as  where  the normal  DMV                                                              
registration fees go for communities that are not off-road.                                                                     
                                                                                                                                
MR.  THOMPSON  replied  that  DMV   is  strictly  responsible  for                                                              
collecting   fees.  She   added  that   there  would   not  be   a                                                              
registration fee from those communities any longer.                                                                             
                                                                                                                                
CHAIR  STEDMAN  asked  David  Epstein   from  DOT&PF  if  AMHS  is                                                              
considered a highway.                                                                                                           
                                                                                                                                
2:35:56 PM                                                                                                                    
DAVID EPSTEIN,  South Coast  Region Traffic  and Safety  Engineer,                                                              
Alaska  Department   of  Transportation  and   Public  Facilities,                                                              
Juneau, Alaska,  replied that he has  not done much with  AMHS and                                                              
noted  that the  department  does  not do  traffic  counts on  the                                                              
ships.  He  said the  closest  association  he  has with  AMHS  is                                                              
signing and striping in the parking lots.                                                                                       
                                                                                                                                
SENATOR MACKINNON commented as follows:                                                                                         
                                                                                                                                
     I  believe we  are  provided AMHS  counts  on a  regular                                                                   
     basis,  so  I  just  wanted  to  make  sure  the  record                                                                   
      reflects that we might have a different analysis of                                                                       
     that.                                                                                                                      
                                                                                                                                
CHAIR STEDMAN said  the Legislature receives an  accurate count of                                                              
the car-deck and ridership on AMHS from point-to-point.                                                                         
                                                                                                                                
2:37:51 PM                                                                                                                    
GEORGINA   DAVIS-GASTELUM,   representing  self,   Kake,   Alaska,                                                              
testified in  support of HB  82. She said  the bill  addresses the                                                              
financial  and  geographical  difficulties  that  rural  residents                                                              
face when  having to  travel to  take road  tests at DMV  offices.                                                              
She  requested including  Kake,  Angoon, and  Hoonah as  locations                                                              
authorized for off-highway driver's licenses.                                                                                   
                                                                                                                                
SENATOR  EGAN  emphasized  that AMHS  is  on  the federal  aid  to                                                              
highway systems.                                                                                                                
                                                                                                                                
CHAIR  STEDMAN concurred  that AMHS  is a  highway. He  emphasized                                                              
that  there was  no  confusion with  the  chairman  of the  Senate                                                              
Transportation Committee that AHMS is a highway.                                                                                
                                                                                                                                
2:41:07 PM                                                                                                                    
CHAIR STEDMAN closed public testimony.                                                                                          
                                                                                                                                
SENATOR WILSON commented as follows:                                                                                            
                                                                                                                                
     I  guess  that  clarification   if  AMHS  is  a  federal                                                                   
     highway  it thus would  be illegal to  drive on  to that                                                                   
     federal  highway  with  the  off-road  license,  so  you                                                                   
     would be stuck  on your current location if  you have an                                                                   
     off-road  vehicle.  I  just  wanted to  get  that  legal                                                                   
     clarification.                                                                                                             
                                                                                                                                
CHAIR  STEDMAN  noted  that  the  committee  has  asked  the  bill                                                              
sponsor  to  comeback  with  a clarification  on  the  issue  that                                                              
Senator Wilson addressed.                                                                                                       
                                                                                                                                
2:42:07 PM                                                                                                                    
CHAIR STEDMAN held HB 82 in committee.                                                                                          
                                                                                                                                
2:42:46 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Chair  Stedman   adjourned  the  Senate  Transportation   Standing                                                              
Committee meeting at 2:42 p.m.                                                                                                  

Document Name Date/Time Subjects
HB 204 Version J 4.19.17.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 Senate Transportation Committee Memo.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 Minor Offences Table.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 Explanation of Changes.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 DOT Work Zone Safety Week PR.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 CS (JUD) Sponsor Statement.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 Citation Statistics.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 AAA Support Letter.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 NWZAW Poster.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 - FN DPS.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 204 - FN DOA.pdf STRA 3/1/2018 1:30:00 PM
HB 204
HB 82 ver J.A 2.26.18.pdf STRA 3/1/2018 1:30:00 PM
HB 82
HB 82 Supporting Documents - Powerpoint 4.11.2017.pdf STRA 3/1/2018 1:30:00 PM
HB 82
HB 82 Summary of Changes.pdf STRA 3/1/2018 1:30:00 PM
HB 82
HB 82 Sponsor Statement 4.11.2017.pdf STRA 3/1/2018 1:30:00 PM
HB 82
HB 82 Sectional Analysis.pdf STRA 3/1/2018 1:30:00 PM
HB 82
HB 82 Letters of Support 2.15.18.pdf STRA 3/1/2018 1:30:00 PM
HB 82
HB 82 - FN DOA.pdf STRA 3/1/2018 1:30:00 PM
HB 82
SB163 Fiscal Note DOT-MSCVE 1.29.18.pdf STRA 3/1/2018 1:30:00 PM
SB 163
SB163 Hearing Request 1.29.18.pdf STRA 3/1/2018 1:30:00 PM
SB 163
SB163 ver A 1.29.18.pdf STRA 3/1/2018 1:30:00 PM
SB 163
SB163 Sponsor Statement 1.29.18.pdf STRA 3/1/2018 1:30:00 PM
SB 163