Legislature(2007 - 2008)BUTROVICH 205
04/26/2007 01:30 PM Senate TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB126 | |
| SB139 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 139 | ||
| = | HB 126 | ||
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
April 26, 2007
1:32 p.m.
MEMBERS PRESENT
Senator Albert Kookesh, Chair
Senator John Cowdery, Vice Chair
Senator Bill Wielechowski
Senator Gary Wilken
Senator Donny Olson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 126(JUD)(title am)
"An Act relating to access to criminal justice information for
certain employees of the Department of Administration; relating
to the procedure for changes to certificates, registration,
titles, licenses, permits, and other forms relating to driving
and motor vehicles; relating to requirements for, cancellations
of, renewals of, reinstatements of, expirations of,
disqualifications of, withdrawals of, suspensions or revocations
of, and exemptions from commercial and other driver's licenses,
permits, or privileges to drive; relating to records concerning
motor vehicles and their drivers; relating to penalties for
violating commercial driver licensing requirements; relating to
the driver's license compact; and providing for an effective
date."
MOVED CSHB 126(JUD)(title am) OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139
"An Act repealing a limitation on the liability of certain
airfield owners or operators."
MOVED SSSB 139 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 126
SHORT TITLE: FORMS/DOCUMENTS/RIGHTS RELATED TO DRIVING
SPONSOR(s): REPRESENTATIVE(s) JOHANSEN
02/12/07 (H) READ THE FIRST TIME - REFERRALS
02/12/07 (H) STA, JUD
02/15/07 (H) TRA AT 1:30 PM CAPITOL 17
02/15/07 (H) <Bill Hearing Canceled>
02/20/07 (H) STA AT 8:00 AM CAPITOL 106
02/20/07 (H) Moved Out of Committee
02/20/07 (H) MINUTE(STA)
02/21/07 (H) STA RPT 6DP 1NR
02/21/07 (H) DP: JOHNSON, JOHANSEN, ROSES,
GRUENBERG, DOLL, LYNN
02/21/07 (H) NR: COGHILL
02/22/07 (H) STA AT 8:00 AM CAPITOL 106
02/22/07 (H) <Bill Hearing Canceled>
03/12/07 (H) JUD AT 1:00 PM CAPITOL 120
03/12/07 (H) Moved CSHB 126(JUD) Out of Committee
03/12/07 (H) MINUTE(JUD)
03/14/07 (H) JUD RPT CS(JUD) 2DP 4NR 1AM
03/14/07 (H) DP: GRUENBERG, LYNN
03/14/07 (H) NR: COGHILL, DAHLSTROM, HOLMES, RAMRAS
03/14/07 (H) AM: SAMUELS
03/22/07 (H) TRANSMITTED TO (S)
03/22/07 (H) VERSION: CSHB 126(JUD)(TITLE AM)
03/23/07 (S) READ THE FIRST TIME - REFERRALS
03/23/07 (S) TRA
03/29/07 (S) TRA AT 1:30 PM BUTROVICH 205
03/29/07 (S) Moved HB 126 Out of Committee
03/29/07 (S) MINUTE(TRA)
03/30/07 (S) TRA RPT 3DP 1NR
03/30/07 (S) DP: KOOKESH, WILKEN, COWDERY
03/30/07 (S) NR: WIELECHOWSKI
04/16/07 (S) RETURNED TO TRA COMMITTEE
04/26/07 (S) TRA AT 1:30 PM BUTROVICH 205
BILL: SB 139
SHORT TITLE: LIABILITY FOR AIRPORTS AND AIRSTRIPS
SPONSOR(s): SENATOR(s) OLSON
03/28/07 (S) READ THE FIRST TIME - REFERRALS
03/28/07 (S) TRA
04/12/07 (H) TRA AT 1:30 PM CAPITOL 17
04/18/07 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
04/18/07 (S) TRA
04/26/07 (S) TRA AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
David Scott
Staff to Representative Johansen
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Presented HB 126 for the sponsor
Kerry Hennings, Drivers License Manager
Department of Motor Vehicles
Department of Administration
Anchorage, AK
POSITION STATEMENT: Testified on HB 126
Duane Bannock, Director
Department of Motor Vehicles
Department of Administration
Anchorage, AK
POSITION STATEMENT: Testified on HB 126
Dave Gray
Staff to Senator Olson
Alaska State Capitol
Juneau, AK
POSITION STATEMENT: Presented SB 139
Tom George
Aircraft Owners and Pilots Association
Fairbanks, AK
POSITION STATEMENT: In favor of SB 139
ACTION NARRATIVE
CHAIR ALBERT KOOKESH called the Senate Transportation Standing
Committee meeting to order at 1:32:58 PM. Present at the call to
order were Senators Wielechowski, Wilken, Cowdery, and Chair
Kookesh.
HB 126-FORMS/DOCUMENTS/RIGHTS RELATED TO DRIVING
CHAIR KOOKESH announced HB 126 to be under consideration.
[Before the committee was CSHB 126(JUD)(title am).] The bill had
been pulled off the floor because Senator French had a problem
with it. He came up with a conceptual amendment, but it wasn't
available today.
CHAIR KOOKESH said that he and Senator Olson decided they would
not support the amendment because it affects an area in rural
Alaska. The conceptual amendment is on page 4 and deletes: "(a)
the employee who is properly licensed in the state and
ordinarily operates the equipment is unavailable for."
Chair Cowdery said he didn't support the amendment either.
1:34:10 PM
SENATOR WIELECHOWSKI said that he had questions about the
amendment and the bill as a whole.
CHAIR KOOKESH said that there were people available to answer
questions.
SENATOR WIELECHOWSKI said he had talked to Mr. Bannock from DMV
about his concern is on page 3 that allows operators of snow
removal equipment to operate without any drivers' license at
all. He said the specific language was on page 2, line 16, says
the following persons are exempt from driver licensing under
this chapter.
1:35:45 PM
DAVID SCOTT, staff to Representative Kyle Johansen, sponsor of
HB 126, replied that Senator Wielechowski's interpretation may
be valid, but he interprets it to mean that it applies to
someone employed by the municipality who has a driver's license.
SENATOR WIELECHOWSKI said that under the provision someone
convicted of a drunken driving offense who lost his license
could still operate heavy machinery.
MR. SCOTT said that the word "driver" in the bill implies that
the person in question is licensed.
SENATOR WIELECHOWSKI restated his concern that the bill will
allow people who shouldn't be driving to operate snow removal
machinery.
MR. SCOTT said that he saw the point Senator Wielechowski was
making, but that his interpretation of the bill shows no
problem.
1:37:55 PM
KERRY HENNINGS, Drivers License Manager for the Department of
Motor Vehicles (DMV), said that section 9 of the bill, with the
reference to drivers, referred only to licensed drivers.
1:38:42 PM
SENATOR WIELECHOWSKI asked which section of the bill she was
referring to.
MS. HENNINGS replied that she was referring to the language on
section 3 on page 4, line 2, "(9) in drivers employed by the
municipality or established village." This exemption was added
to help rural communities who don't necessarily have
commercially licensed drivers.
SENATOR WIELECHOWSKI replied that he doesn't have an issue with
that portion of the bill, but that persons who operate heavy
equipment should be licensed in some way.
MS. HENNINGS responded that the Department of Law has said that
the language is appropriate as-is.
1:40:05 PM
SENATOR COWDERY commented that he had been in the excavating
business for a long while and heavy equipment doesn't need to
have a highway license and aren't required to have a licensed
operator.
1:40:45 PM
SENATOR WILKEN asked if Ms. Hennings supports the bill as
written.
MS. HENNINGS said that she supported the bill, but not the
amendment.
DUANE BANNOCK, Director of the Division of Motor Vehicles (DMV),
Department of Administration, said that he prefers the original
bill, without the amendment.
1:41:40 PM
SENATOR WIELECHOWSKI repeated his concern with the bill and
asked if he interpreted it that you have to have a drivers'
license, but not a commercial drivers' license.
MR. BANNOCK replied yes.
SENATOR WIELECHOWSKI asked for an explanation of "Department
Administration is a criminal justice agency conducting a
criminal justice activity" on page 2, lines 5 - 8.
MR. BANNOCK said that there need to be certain qualifications
for commercial drivers, and the bill allows someone to be
refused for not meeting the judicial qualifications.
1:43:51 PM
MS. HENNINGS replied certain considerations must be given when
licensing commercial drivers and some of it is drawn from
information contained in their criminal record as defined in AS
12.62.900. That is why that language is needed.
MS. HENNINGS added that to qualify under the standard to receive
criminal justice information this language defines the
department as working as a criminal justice activity.
SENATOR WIELECHOWSKI cited the definition of criminal justice
activity in AS 12.62.900 that says it means "investigation,
identification, apprehension, detention, pre-trial or post-trial
release, prosecution, adjudication or correctional supervision
or rehabilitation of a person accused or convicted of a crime."
He said he didn't think it was their intent to give the
Department of Administration the ability "to prosecute, detain,
apprehend, adjudicate or rehabilitate person convicted of a
crime."
MS. HENNINGS replied that was correct; they are looking at this
for investigative purposes only.
1:44:58 PM
SENATOR WIELECHOWSKI went to section 10 on page 6 that changed
some "mays" to "shalls" that essentially require them to obtain,
maintain and update traffic reports within set periods of time
and noted the accompanying zero fiscal note.
MR. BANNOCK explained the reason the fiscal note was zero is
because the action is taking place today, but the statute is not
conforming with the federal government. He added that a large
part of this bill is the result of a federal audit.
1:46:00 PM
SENATOR WIELECHOWSKI asked if the DMV is already performing the
actions the bill proposes.
MR. BANNOCK replied yes and that it was for the purpose of
compliance.
SENATOR WIELECHOWSKI referenced section 15 on page 8, line 24,
changes the age of a commercial driver to 19 years of age in
interstate commerce, but at least 21 years of age in interstate
commerce. He asked how interstate commerce is defined in the
state of Alaska.
MR. BANNOCK replied that the Alaska commercial drivers license
(CDL) will be recognized in another state under the concept of
interstate commerce; so the 10 year old is free to do commerce
within the state of Alaska with that commercial drivers'
license. However, the 20 year old person would not be lawfully
allowed to use his or her Alaska CDL outside of Alaska.
SENATOR WIELECHOWSKI asked they would be able to operate on
federal roads.
MR. BANNOCK replied yes.
SENATOR WIELECHOWSKI went to page 8, line 31, and asked him to
define "domiciled in the state".
1:48:06 PM
MR. BANNOCK replied that definition was on page 14, line 15.
SENATOR WIELECHOWSKI asked if someone needs to live in Alaska
and have an ACDL to drive commercially in the state.
MR. BANNOCK concurred.
SENATOR WIELECHOWSKI asked if the bill will exclude any current
operators in Alaska, like people who hold out of state licenses
and operate in Alaska.
MR. BANNOCK replied that it could affect those living somewhere
else, but who have an ADL. This is conforming language from
federal language which requires people to have a license from
their state of residence.
SENATOR WIELECHOWSKI said that section 16 talks about how
someone could lose their ACDL if convicted in a court.
1:50:00 PM
MS. HENNINGS explained that this section gives the DMV
administrative authority to disqualify someone after a court
conviction.
SENATOR WIELECHOWSKI asked what an administrative action is.
MS. HENNINGS replied that the infractions or crimes requiring a
disqualification are in federal regulations and the courts were
supposed to be applying these penalties. It was somewhat
confusing so it was determined administratively the DMV would
take the action after the judge convicted a person and he was
found guilty.
SENATOR WIELECHOWSKI said that he also interpreted "or any other
jurisdiction" to mean you could have some administrative
bureaucrat in Alabama take away your license and your ACDL.
MS. HENNINGS responded that was correct.
SENATOR WIELECHOWSKI said in that case Alaska is giving up its
sovereignty to any little community anywhere in the US.
MS. HENNINGS responded that is not the case; under the Drivers'
License Compact the State of Alaska has reciprocity with other
states and will not license a driver who comes to Alaska who is
suspended and revoked in another jurisdiction.
SENATOR WIELECHOWSKI responded that it's not necessarily
suspended or revoked because the bill lists a number of things a
license could be lost for and one of them is a serious traffic
violation.
MS. HENNINGS replied that is correct; and that process for
revoking is already in place.
1:52:10 PM
She added if someone is convicted of a driving offense, the
conviction is sent to the state of Alaska and it's put on
record.
SENATOR WIELECHOWSKI asked her to look at section 8 and said if
someone goes to Mississippi and operates his commercial vehicle
in violation of a state regulation and gets an administrative
conviction, then they lose their license in Alaska and the DMV
has absolutely no say over that.
1:52:51 PM
MS. HENNINGS responded that was correct.
SENATOR WIELECHOWSKI said that he has serious concerns that
Alaska is giving away its sovereignty and is allowing any state
to revoke an Alaskan driver's license; the law is federalizing
small-town administrative bureaucrats.
1:53:42 PM
MR. BANNOCK said that he doesn't agree with Senator
Wielechowski's interpretation, and pointed out that the issue in
question is already law today and not really part of HB 126. He
slightly agreed with him, however, that federalism has always
been here as it pertains to commercial drivers' license which is
what makes an ADL a viable document in every one of the other
states. All drivers are keenly aware of that. Every other state
has rules just like this; saying that some non-essential
bureaucratic administrative action would have some unfair effect
on a Alaska driver isn't a fair characterization.
1:54:57 PM
SENATOR WIELECHOWSKI asked how many other states have enacted
similar legislation.
MR. BANNOCK replied all 50.
1:55:10 PM
SENATOR WIELECHOWSKI referenced a document showing that only
four states have such legislation, and one currently has a
resolution opposing it.
MR. BANNOCK said that he was unfamiliar with that document and
restated that all states have the commercial drivers' license
rules nearly verbatim to these same rules. This language came
from the federal government.
SENATOR WIELECHOWSKI said that he had read otherwise.
CHAIR KOOKESH asked if the intention of the language in this
bill is for the state to be in compliance with federal law.
MR. BANNOCK replied yes.
SENATOR WIELECHOWSKI said that he has strong reservations about
the idea that Alaskans could potentially lose their driver's
license in another state. This is federalizing our sovereign
state's rights, he said.
1:56:39 PM
CHAIR KOOKESH asked if not passing it puts the state in jeopardy
of losing federal funding.
MR. BANNOCK replied yes - to the tune of $7 million in the first
year and $14 million in the second year. Perhaps the biggest
hammer is the decertification of Alaska's commercial drivers'
license. He added that the state of Alaska still maintains a
driver's license; what is different about a commercial drivers'
license is it is able to be accepted in any other of the 49
states - unlike a regular drivers' license. If he went to
another state he would only have a certain number of days to
legally use it. The reason the CDL has uniform rules is so that
they are uniformly accepted throughout the US.
1:57:55 PM
AVES THOMPSON, Executive Director, Alaska Trucking Association
(ATA), said that the ATA is in agreement with the intent of the
bill. Failure to pass it would mean Alaskan commercial drivers
would not be able to drive in other states. If it doesn't pass
by late 2007 an ACDL will only be recognized in this state and
that will have a disastrous effect on truckers in Alaska. Major
funds are currently in jeopardy through non-compliance.
2:00:45 PM
MR. SCOTT said that the sponsor of the bill doesn't like the
federal influence either, but it's necessary to pass the bill to
help maintain the Alaskan economy.
2:01:33 PM
SENATOR COWDERY moved to report CSHB 126(JUD)(title am) from
committee with individual recommendations and attached fiscal
note(s). There being no objection, it was so ordered.
SENATOR WIELECHOWSKI stated that while he won't object to the
bill because he understands the fiscal ramifications, he feels
that the state is being held hostage on the issue; it's a step
towards nationalization.
2:02:33 PM
CHAIR KOOKESH called a brief at-ease.
SSSB 139-LIABILITY FOR AIRPORTS AND AIRSTRIPS
2:03:46 PM
CHAIR KOOKESH called the meeting back to order and announced
SSSB 139 to be under consideration.
DAVE GRAY, staff to Senator Olson, sponsor of SB 139, said in
2004 there was an attempt to correct difficulties with limited
liability for private airports that pepper the state, which
ended up creating even more confusion. SSSB 139 is an attempt to
correct these difficulties by repealing the fee section of AS
09.65.093.
2:05:12 PM
SENATOR OLSON said that the bill came from a concern raised in
past legislatures regarding airport liability. He gave an
example of student pilot who lands at a private airport and runs
off the runway. This is done without permission. It's a
different story if you have permission. He said the confusion
came from the Xs on the runway, which according to FAA
regulations means it has been abandoned, not just closed.
2:08:05 PM
SENATOR COWDERY said that he is still a licensed pilot and said
the instrumentation on his last plane had a button to push that
indicated exactly where the closest airfield was. It didn't
differentiate between private or public; it's where you had to
go or you would crash. He asked if that was a common occurrence
for airplanes.
SENATOR OLSON replied no; said that emergency functions are
available in current GPS systems.
2:09:18 PM
SENATOR COWDERY commented further on aircraft emergency
equipment.
2:09:55 PM
MR. GRAY related a personal story about flying with a pilot out
of Kotzebue who had a rough engine and had to look for any place
to land and finally made it back to a place southeast of Nome.
2:10:43 PM
TOM GEORGE, Aircraft Owners and Pilots Association, said the
state has many little airstrips and in many cases they are
maintained by dedicated individuals, groups or organizations who
volunteer their time and efforts. This statute was originally
intended to provide limits on civil liability for people
supporting rural runways either on public or private land. He
worked with the legislature a couple of years ago to improve
this statute, which passed with overwhelming support. However,
language in section (b) caused a lot of confusion and it led
people to think they had to close the runways to be protected.
That is exactly the opposite of the intent. He said this bill
seeks to remove that language and leaves the emphasis on the
protection provided by people who are willing to construct and
maintain airstrips on an uncompensated basis.
2:12:29 PM
SENATOR WIELECHOWSKI asked what the difference is between (a)
and (b) right now.
MR. GEORGE clarified that section (b) used to be limited to
private use airports. It said the limitation of liability would
continue if you closed the airport by doing the items that are
listed in parts (1) and (2). When it was changed two years ago,
the differences were removed, which caused the confusion. The
real emphasis here is section (a) which buys protection; section
(b) was originally there because of the difference between
public and private and that has become irrelevant from his
perspective.
SENATOR WIELECHOWSKI asked for the practical effect of removing
section (b).
MR. GEORGE replied that it simply removes confusion; it doesn't
change anything else.
2:14:35 PM
SENATOR COWDERY moved to report SSSB 139 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, it was so ordered.
There being no further business to come before the committee,
Chair Kookesh adjourned the meeting at 2:15:02 PM.
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