Legislature(1997 - 1998)
05/06/1997 04:15 PM Senate TRA
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SENATE TRANSPORTATION COMMITTEE
May 6, 1997
4:15 p.m.
MEMBERS PRESENT
Senator Jerry Ward, Chairman
Senator Gary Wilken, Vice Chairman
Senator Lyda Green
Senator Rick Halford
Senator Georgianna Lincoln
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
HOUSE BILL NO. 11
"An Act relating to driver's licensing; and providing for an
effective date."
- MOVED HB 11 OUT OF COMMITTEE
SENATE BILL NO. 157
"An Act establishing a children's trust motor vehicle registration
plate."
- MOVED SB 157 OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 27
Requesting the Federal Aviation Administration to grant exemptions
from the "commuter rule" in order to maintain a high level of air
safety and air transportation service in rural Alaska.
- MOVED SCS HJR 27(TRA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 222(TRA) am
"An Act relating to abandoned, wrecked, or junk vehicles."
- MOVED CSHB 222(TRA) am OUT OF COMMITTEE
HOUSE BILL NO. 246
"An Act naming the George W. Palmer Memorial Bridge."
- MOVED HB 246 OUT OF COMMITTEE
SENATE BILL NO. 192
"An Act relating to maintenance of state marine vessels; and
providing for an effective date."
- MOVED SB 192 OUT OF COMMITTEE
PREVIOUS SENATE ACTION
HB 11 - No previous Senate action to record.
SB 157 - No previous Senate action to record.
HJR 27 - No previous Senate action to record.
HB 222 - No previous Senate action to record.
HB 246 - No previous Senate action to record.
SB 192 - No previous Senate action to record.
WITNESS REGISTER
Jeff Logan, Staff
Representative Green
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Discussed HB 11.
Juanita Hensley, Chief
Drivers Services
Division of Motor Vehicles
Department of Public Safety
PO Box 20020
Juneau, Alaska 99811-0020
POSITION STATEMENT: Discussed HB 11 and SB 157.
Senator Donley
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime Sponsor of SB 157.
Johnny Hawk, Staff
Representative Ivan
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Discussed HJR 27.
Joe Spauge
ERA Aviation
Anchorage, Alaska
POSITION STATEMENT: Encouraged passage of HJR 27.
Representative Rokeberg
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 222.
Sandra Yocom, Staff
Representative Ogan
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Discussed HB 246.
Justin Kaucic, Palmer Youth
HC01 Box 6031
Palmer, Alaska 99645
POSITION STATEMENT: Supported HB 246.
Joe Ambrose, Staff
Senator Taylor
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Discussed SB 192.
Mike Downing, Director
Division of Engineering & Operations
Department of Transportation & Public Facilities
3132 Channel Drive
Juneau, Alaska 99801-7898
POSITION STATEMENT: Supported the Ketchikan Shipyard.
ACTION NARRATIVE
TAPE 97-13, SIDE A
HB 11 DRIVERS LICENSE REQUIREMENTS FOR MINORS
Number 001
CHAIRMAN WARD called the Senate Transportation Committee meeting to
order at 4:15 p.m. and announced HB 11 as the next order of
business before the committee.
JEFF LOGAN , Staff to Representative Green, explained that HB 11
will create a provisional or graduated drivers license for young
drivers. A graduated drivers license has the following
restrictions: prohibition on driving between 1:00 a.m. and 5:00
a.m. and only eight points are allowed to accrue before action is
taken. Representative Green originally sponsored HB 11 as a way to
keep young people from being in automobile accidents and deaths.
This has been successful in a number of states such as Oregon,
Washington, and California. The intent of HB 11 is to graduate
young drivers into full driverhood by requiring that the young
person first hold an instructional permit. The person accompanying
a permit holder must be at least 22 years of age and then the young
person moves onto a provisional license with the aforementioned
restrictions. The next step would be a full drivers license.
SENATOR GREEN asked if HB 11 was identical to the Senate's amended
version last year. JEFF LOGAN clarified that HB 11 is the last
version in the Senate last year.
SENATOR HALFORD seemed to believe that HB 11 would create an
indirect burden on parents whose children provide transportation to
siblings. JEFF LOGAN said that initially, HB 11 had broader
restrictions which have been narrowed to the aforementioned two
restrictions.
JUANITA HENSLEY , Chief of Drivers Services in the DMV, reiterated
that HB 11 is identical to the bill that was passed out of Senate
Finance last year. Ms. Hensley pointed out that the only change
made in the Senate last year was the age limit of the accompanied
driver of an instructional permit holder from 19-22 years of age.
CHAIRMAN WARD noted that the next committee of referral for HB 11
is the Senate State Affairs Committee. Chairman Ward said that he
would entertain a motion.
SENATOR WILKEN moved to report HB 11 out of committee with
individual recommendations and accompanying fiscal notes.
Without objection, it was so ordered.
SB 157 CHILDREN'S TRUST LICENSE PLATES
Number 106
CHAIRMAN WARD introduced SB 157 as the next order of business.
SENATOR DONLEY , Prime Sponsor, explained that SB 157 would
establish an optional plate for the Children's Trust. Other states
have done this as a fund raiser for the Children's Trust. The cost
of the plate would be $100 and the money would be placed in a
special account that the Legislature may appropriate to support the
Children's Trust.
SENATOR HALFORD inquired as to how many different license plates
are available. At some point, determining where a license plate is
from becomes difficult. JUANITA HENSLEY , Chief of Drivers Services
for the DMV, stated that there are 41 different personalized or
specialized plates in Alaska. In further response to Senator
Halford, Ms. Hensley listed the various license plates in Alaska.
The Children's Trust license plate would be a new plate for Alaska
with a new design and new colors.
SENATOR HALFORD asked if the Department of Public Safety ever
comments on the number of license plates in the state. JUANITA
HENSLEY said that she took a neutral stand on these license plates.
Ms. Hensley acknowledged that there has been discussion from law
enforcement around the state about special license plates , but no
one has come forward in opposition to special license plates.
SENATOR GREEN moved to report SB 157 out of committee with
individual recommendations and accompanying fiscal notes.
Without objection, it was so ordered.
HJR 27 FAA "COMMUTER RULE"
Number 163
CHAIRMAN WARD introduced HJR 27 as the next order of business.
JOHNNY HAWK , Staff to Representative Ivan, read the following
sponsor statement into the record:
House Joint Resolution 27 proposes that the Federal Aviation
Administration grant specific petitions for exemption from
individual operators affected by the "Commuter Rule." An exemption
would ensure that safety is not diminished because the aircraft
currently utilized, the Twin Otter, has a good safety record based
on statistics on aircraft accidents in Alaska.
The Commuter Rule applies to any aircraft capable of carrying ten
or more passengers under Part 121 of the FAA rules which applies to
major operators such as United Airlines, Alaska Airlines and any
other major operators in the nation. Twin Otters currently operate
under Part 135 of the FAA rules which apply to small aircraft. The
Commuter Rule became effective on March 20, 1997.
Rural Alaska relies totally on air transportation for passenger
travel and moving goods and services. The aircraft affected by the
Commuter Rule is the Twin Otter which carries 10 to 19 passengers
and has twin-engine with turbo-props. This aircraft has a larger
load capacity than a Cessna 206 or 207 and has a comparable
approach speed. The Twin Otter has a better safety record than
those of smaller aircraft. There were a total of 67 accidents in
1995/1996 and 7 of those occurred in 10 plus seat aircraft.
The FAA has been given specific authority by Congress to provide
exemptions to small air carriers in Alaska from provisions of the
Commuter Rule. This resolution is requesting just that.
Mr. Hawk informed the committee that when HJR 27 was heard in House
Transportation the Alaska Air Carriers Association, ERA Aviation,
Cape Smythe Air, and Frontier Aviation supported HJR 27.
CHAIRMAN WARD noted that there was an amendment in the packet and
asked Mr. Hawk if he would like that to be offered. JOHNNY HAWK
replied yes.
SENATOR GREEN moved Amendment 1.
Amendment 1
Page 2, line 28, following "Transportation;":
Insert "Guy S. Gardner, Associate Administrator for
Regulation and Certification, Federal Aviation
Administration, U.S. Department of Transportation;"
Without objection, Amendment 1 was adopted.
SENATOR HALFORD asked Mr. Hawk if there was any House discussion
with DOT regarding the possible cost savings to the state and small
airports of avoiding Part 121 operations. JOHNNY HAWK said that
there was no discussion on that possibility. Mr. Hawk noted that
some small air carriers have removed seats from the air craft in
order to meet the requirements under Part 121. Part 121 is very
onerous to the small operators. SENATOR HALFORD believed that it
cost the state money in terms of the standards applied to locations
and airports. There are many state reasons for exemptions for the
air carrier rule.
SENATOR LINCOLN asked if any groups or individuals opposed HJR 27.
JOHHNY HAWK stated that there was no stated opposition to HJR 27 in
House Transportation.
SENATOR WILKEN said that there are two problems with HJR 27 which
really relate more to Part 121. Part 121 is a result of some of
the commuter crashes in the Lower 48, but Alaska does not have the
same situation as the Lower 48. Part 121 addresses air craft with
10 seats or greater. In Alaska, most of the crashes occur with air
craft having nine seats or less. The wrong tool is being used to
fix the problem. Senator Wilken informed everyone that Frontier
Airlines had applied to the federal government for an exemption
which was denied. Frontier Airlines has already spent a lot of
money for modifications. Now with HJR 27, airlines who have waited
will not have to comply and therefore end up with a competitive
advantage. This issue should have been addressed earlier.
JOE SPAUGE , ERA Aviation, noted that the Commuter Rule went into
effect March 20th. Several air carriers have submitted certain
petitions for exemption that were granted in some cases and denied
in others. Mr. Spauge agreed with Senator Wilken's remarks that
this issue should have been addressed earlier. Mr. Spauge believed
that it would be worthwhile to pass HJR 27 due to the need for
continued relief from the Commuter Rule for those that did or did
not receive exemptions. Passage of HJR 27 will be a valuable tool
in dealing with the FAA on this issue.
SENATOR WILKEN moved to report SCS HJR 27(TRA) out of committee
with individual recommendations and the attached zero fiscal note.
Without objection, it was so ordered.
HB 222 ABANDONED,WRECKED,OR JUNK VEHICLES
Number 280
CHAIRMAN WARD announced that CSHB 222(TRA)am was the next order of
business before the committee.
REPRESENTATIVE ROKEBERG , Prime Sponsor, explained that HB 222 would
provide local governments with an extra tool in which to dispose or
impound wrecked or junked vehicles. Representative Rokeberg
emphasized that ability only refers to vehicles on public property,
except without the consent of the owner - for example a parking
lot. A number of vehicles are abandoned on the streets and
highways which is a problem with regard to safety and traffic.
Often, such vehicles are not properly registered and are difficult
to trace. For example in the Municipality of Anchorage, there are
more than 1,000 vehicles each year that must be dealt with which
result in a cost of $126,000. HB 222 provides for the expedited
removal of junk vehicles from streets and rights-of-way. HB 222
would also provide a reduction in the holding time and processing
time for junk vehicles from 30 days to 15 days. HB 222 would
assist in reducing the number of junk vehicles which are sold
through auction and often end up back on the streets. HB 222 would
also allow that titled, but not registered vehicles could be
auctioned. HB 222 would allow municipalities to establish
ordinances to deal with junked vehicles. Representative Rokeberg
informed the committee that the Municipality of Anchorage, the City
& Borough of Ketchikan, the Alaska Municipal League, and the Alaska
Tow Truck Association support HB 222.
SENATOR GREEN asked if this is in a municipality. REPRESENTATIVE
ROKEBERG replied yes. Representative Rokeberg explained that
HB 222 makes some changes to existing state statute which has
hindered the municipality's ability to deal with junked vehicles.
This legislation was requested by the Municipality of Anchorage and
a number of recommendations were dealt with from the City & Borough
of Ketchikan.
SENATOR HALFORD wanted to ensure that the new definition of "junked
vehicle" did not describe the car Senator Halford drove everyday.
REPRESENTATIVE ROKEBERG pointed out that a vehicle cannot be left
in a public right-of-way for longer than 24 hours. Representative
Rokeberg noted that the committee packet included a letter from a
Ketchikan attorney which indicates that in Ketchikan people seem to
like to do car repairs on the side of the road. Those people move
their car two feet forward one night and two feet backward the next
in order that the car is not considered unattended. Therefore, the
language "reasonably appears to be abandoned" was added to
accommodate that situation. Representative Rokeberg believed that
Senator Halford should not have a problem with his vehicle unless
the vehicle had broken glass.
SENATOR HALFORD said that what is being done with HB 222 is not a
problem, however Senator Halford wanted to ensure that the
definition did not apply to anything else. REPRESENTATIVE ROKEBERG
said that was not his understanding.
SENATOR GREEN moved to report CSHB 222(TRA)am out of committee with
individual recommendations and accompanying fiscal notes. Without
objection, it was so ordered.
HB 246 GEORGE W. PALMER MEMORIAL BRIDGE
Number 350
CHAIRMAN WARD introduced HB 246 as the next order of business.
SANDRA YOCOM , Staff to Representative Ogan, explained that HB 246
would name the bridge being built over the Matanuska River.
Representative Ogan introduced HB 246 on behalf of Justin Kaucic,
a local Palmer youth. Mr. Kaucic collected 401 signatures and
gained support from the Borough and City of Palmer which both
issued resolutions. Ms. Yocom informed the committee that George
Palmer, after whom the bridge would be named, arrived in Alaska in
1875 and operated a trading post near the site of the new bridge.
Mr. Palmer died in 1935 and in 1951 a small Alaskan city
incorporated and choose the name Palmer in order to reflect Mr.
Palmer's pioneering spirit and independence. That remeberance
would be extended with the naming of the new bridge.
JUSTIN KAUCIC , Palmer youth, believed that naming the bridge after
George Palmer was appropriate due to Mr. Palmer's trading post
being near the bridge site.
SENATOR GREEN moved to report HB 246 out of committee with
individual recommendations. Without objection, it was so ordered.
SB 192 MAINTENANCE & REPAIR OF STATE VESSELS
Number 372
CHAIRMAN WARD announced that SB 192 would be the last order of
business before the committee.
JOE AMBROSE , Staff to Senator Taylor, informed the committee that
SB 192 was introduced as backup to SB 21, the Marine Highway
Authority, which the Senate has already passed. During the debate
of SB 21 on the Senate floor, there was discussion of the provision
in state law requiring that state owned vessels be maintained and
repaired in Alaska which will sunset August 30, 1997. SB 192 has
been introduced in order to ensure that the sunset does not occur.
SB 21 included Sections 21 and 22 that would eliminate the sunset
clause and the language from those sections has been used exactly.
MIKE DOWNING , Director of the Division of Engineering & Operations
in DOT/PF, stated that the Administration supports the Ketchikan
Shipyard and wants to continue doing work in the Ketchikan
Shipyard. The existing statute works fine as is, but the sunset
provision is the problem. Mr. Downing provided the committee with
a handout that denoted the work DOT has done at the Ketchikan
Shipyard since 1990. Mr. Downing preferred to extend the sunset
provision to the year 2002. The problem with the elimination of
the statute is that the statute provides an exemption from the
procurement code which allows DOT to go to Ketchikan and negotiate
the contracts on marine highway vessels. Mr. Downing expressed the
need for that statute to remain. Much of SB 192 is the result of
work between DOT, Senator Taylor's staff, and Representative
William's staff. Mr. Downing proposed that the sunset provision be
extended.
SENATOR GREEN asked if that required an amendment. JOE AMBROSE
explained that SB 192 as SB 21 before it repeals the sunset
provision. It has been 10 years since the law originally passed
and it is not necessary to revisit it every five years.
MIKE DOWNING expressed concern with SB 192 regarding the definition
of the "interport differential." The definition refers to "out of
the state" which Mr. Downing believed could result in there not
being an interport differential between Ketchikan and Seward. Mr.
Downing was concerned that would favorably effect the Ketchikan
Shipyard over the Seward Shipyard.
SENATOR WILKEN moved to report SB 192 out of committee with
individual recommendations and the fiscal note that is not yet
available. Without objection, it was so ordered.
There being no further business before the committee, the meeting
was adjourned at 3:45 p.m.
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