02/19/2013 01:30 PM Senate TRANSPORTATION
| Audio | Topic | 
|---|---|
| Start | |
| SB24 | |
| HB15 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 24 | TELECONFERENCED | |
| + | HB 15 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                       February 19, 2013                                                                                        
                           1:34 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Dennis Egan, Chair                                                                                                      
Senator Fred Dyson, Vice Chair                                                                                                  
Senator Anna Fairclough                                                                                                         
Senator Click Bishop                                                                                                            
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 24                                                                                                              
"An Act relating to the Alaska Marine Transportation Advisory                                                                   
Board."                                                                                                                         
                                                                                                                                
     - MOVED SB 24 OUT OF COMMITTEE                                                                                             
                                                                                                                                
HOUSE BILL NO. 15                                                                                                               
"An Act relating to commercial motor vehicle requirements."                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 24                                                                                                                   
SHORT TITLE: MARINE TRANSPORTATION ADVISORY BOARD                                                                               
SPONSOR(s): SENATOR(s) STEVENS                                                                                                  
                                                                                                                                
01/18/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/13       (S)       TRA, FIN                                                                                               
02/19/13       (S)       TRA AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 15                                                                                                                   
SHORT TITLE: COMMERCIAL MOTOR VEHICLE REQUIREMENTS                                                                              
SPONSOR(s): REPRESENTATIVE(s) KELLER, ISAACSON                                                                                  
                                                                                                                                
01/16/13       (H)       PREFILE RELEASED 1/7/13                                                                                
01/16/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/13       (H)       TRA                                                                                                    
02/07/13       (H)       TRA AT 1:00 PM BARNES 124                                                                              
02/07/13       (H)       Moved Out of Committee                                                                                 
02/07/13       (H)       MINUTE(TRA)                                                                                            
02/08/13       (H)       TRA RPT 5DP                                                                                            
02/08/13       (H)       DP:   LYNN,   JOHNSON,   KREISS-TOMKINS,                                                               
                         GATTIS, FEIGE                                                                                          
02/11/13       (H)       TRANSMITTED TO (S)                                                                                     
02/11/13       (H)       VERSION: HB 15                                                                                         
02/13/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/13       (S)       TRA                                                                                                    
02/19/13       (S)       TRA AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DOUG LETCH, staff                                                                                                               
Senator Gary Stevens                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SB 24 on behalf of the sponsor.                                                                 
                                                                                                                                
TREVOR BROWN, Executive Director                                                                                                
Kodiak Chamber of Commerce                                                                                                      
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 24.                                                                            
                                                                                                                                
GEORGE SMALLWOOD, representing himself                                                                                          
Fox River, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 24.                                                                            
                                                                                                                                
REPRESENTATIVE WES KELLER                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 15.                                                                                         
                                                                                                                                
JIM POUND, staff                                                                                                                
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented information about HB 15 on behalf                                                               
of the sponsor.                                                                                                                 
                                                                                                                                
AVES THOMPSON, Director                                                                                                         
Alaska Trucking Association                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 15.                                                                            
                                                                                                                                
DANIEL SMITH, Director                                                                                                          
Division of Measurement and Standards                                                                                           
Commercial Vehicle Enforcement                                                                                                  
Department of Transportation and Public Facilities (DOTPF)                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in favor of HB 15.                                                                              
                                                                                                                                
ANMEI GOLDSMITH, Assistant Attorney General                                                                                     
Transportation Section                                                                                                          
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to HB 15.                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:34:06 PM                                                                                                                    
CHAIR  DENNIS  EGAN  called the  Senate  Transportation  Standing                                                             
Committee meeting  to order at 1:34  p.m. Present at the  call to                                                               
order were Senators Dyson, Fairclough,  Bishop, French, and Chair                                                               
Egan.                                                                                                                           
                                                                                                                                
           SB 24-MARINE TRANSPORTATION ADVISORY BOARD                                                                       
                                                                                                                                
CHAIR EGAN announced consideration of SB 24.                                                                                    
                                                                                                                                
1:35:12 PM                                                                                                                    
DOUG  LETCH,  staff, Senator  Gary  Stevens,  sponsor of  SB  24,                                                               
explained that  Senate Bill  24 alters the  makeup of  the Alaska                                                               
Marine Transportation  Advisory Board (MTAB) by  adding a twelfth                                                               
seat designated  for a  representative from  Southcentral Alaska.                                                               
The  bill also  adds Gustavus  to  the list  of communities  from                                                               
which a person  can be appointed to  represent northern Southeast                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. LETCH  said the bill would  give a voice to  the Southcentral                                                               
communities  which were  previously included  in a  district that                                                               
includes Unalaska. The Kodiak Chamber  of Commerce requested that                                                               
Southcentral communities  be represented  by their own  member on                                                               
MTAB.                                                                                                                           
                                                                                                                                
He noted  that SB 24 comes  with a reasonable fiscal  note in the                                                               
amount of $3,000 per year. He  listed letters of support from the                                                               
Kodiak, Homer,  and Soldovia Chambers  of Commerce.  He concluded                                                               
that the  bill would go  a long way towards  serving Southcentral                                                               
Alaska.                                                                                                                         
                                                                                                                                
1:38:03 PM                                                                                                                    
SENATOR   DYSON  asked   if  anyone   from   the  Department   of                                                               
Transportation  and Public  Facilities  (DOTPF)  was present.  He                                                               
noted that DOTPF does not have any objections to SB 24.                                                                         
                                                                                                                                
He wondered  if having an  even number  of members on  MTAB would                                                               
present a problem for voting.                                                                                                   
                                                                                                                                
MR. LETCH  thought MTAB  meetings were  fairly amicable.  He said                                                               
the bill  attempts to minimize cost  by adding only one  seat. He                                                               
did not see a problem with an even number of votes.                                                                             
                                                                                                                                
SENATOR FAIRCLOUGH asked if MTAB has a set of bylaws.                                                                           
                                                                                                                                
MR. LETCH offered to provide that information.                                                                                  
                                                                                                                                
SENATOR  FAIRCLOUGH said  she has  the same  questions about  the                                                               
number of members and how that would reflect on a quorum.                                                                       
                                                                                                                                
MR. LETCH offered to look into it.                                                                                              
                                                                                                                                
SENATOR FAIRCLOUGH  said she was in  support of SB 24  as long as                                                               
it does not oppose MTAB's bylaws.                                                                                               
                                                                                                                                
MR.  LETCH   agreed,  and  offered   to  provide   the  requested                                                               
information.                                                                                                                    
                                                                                                                                
CHAIR EGAN opened public testimony.                                                                                             
                                                                                                                                
1:42:40 PM                                                                                                                    
TREVOR  BROWN, Executive  Director, Kodiak  Chamber of  Commerce,                                                               
testified  in support  of  SB  24. He  referred  to  a letter  of                                                               
support  dated  January  24. He  noted  that  currently  thirteen                                                               
communities in Southwest Alaska are  represented by one person on                                                               
MTAB. He said that Kodiak and  the rest of Southcentral Alaska is                                                               
served by  the Alaska  Marine Highway  System (AMHS)  year round,                                                               
and  prefers to  have its  own representative  on MTAB.  He added                                                               
that  Southcentral has  different needs  than the  Aleutian Chain                                                               
area.                                                                                                                           
                                                                                                                                
1:44:30 PM                                                                                                                    
GEORGE SMALLWOOD, testifying on his  own behalf, said he commutes                                                               
between  Homer and  Soldovia on  the  ferry system.  He spoke  in                                                               
support of SB  24 in order to have a  representative on MTAB that                                                               
would benefit the people of his area.                                                                                           
                                                                                                                                
1:45:28 PM                                                                                                                    
CHAIR  EGAN asked  if the  bill needs  to be  amended to  include                                                               
Gustavus.                                                                                                                       
                                                                                                                                
MR. LETCH said that provision is in the bill.                                                                                   
                                                                                                                                
CHAIR  EGAN  suggested  holding  the bill  until  Mr.  Letch  can                                                               
provide answers to members' questions.                                                                                          
                                                                                                                                
SENATOR  FAIRCLOUGH preferred  to  move the  bill.  She said  she                                                               
assumed that the bylaws would take care of everything.                                                                          
                                                                                                                                
SENATOR DYSON  moved to report  SB 24, labeled  28-LS0058\A, from                                                               
committee  with  individual   recommendations  and  the  attached                                                               
fiscal  note. There  being no  objection,  SB 24  moved from  the                                                               
Senate Transportation Standing Committee.                                                                                       
                                                                                                                                
1:47:00 PM                                                                                                                    
At ease from 1:47 to 1:48 p.m.                                                                                                  
                                                                                                                                
          HB 15-COMMERCIAL MOTOR VEHICLE REQUIREMENTS                                                                       
                                                                                                                                
1:48:35 PM                                                                                                                    
CHAIR EGAN said the next bill before the committee was HB 15.                                                                   
                                                                                                                                
REPRESENTATIVE WES KELLER,  sponsor of HB 15,  explained that the                                                               
bill reduces  a regulation on  Alaska businesses by  redefining a                                                               
commercial motor vehicle from 10,000  pounds to 14,000 pounds. He                                                               
related  that  the bill  has  support  from DOTPF,  the  National                                                               
Federation of Independent Businesses  (NFIB), the Alaska Trucking                                                               
Association, and Norcon Equipment.                                                                                              
                                                                                                                                
1:50:39 PM                                                                                                                    
JIM POUND,  staff, Representative Wes  Keller, sponsor of  HB 15,                                                               
noted  that a  similar bill  was heard  last year.  The situation                                                               
described in  the bill is seen  in pilot vehicles where  the same                                                               
weight requirements apply  as for a commercial  vehicle. The bill                                                               
would  also  apply  to  18-year-olds who  cannot  qualify  for  a                                                               
commercial driver's  license and who  would like to get  into the                                                               
pilot driving  business. It also  applies to small vans,  such as                                                               
lawn and garden trucks.                                                                                                         
                                                                                                                                
He gave an example of a one-ton  pickup with a welder in the back                                                               
that would no longer be  classified as a commercial vehicle under                                                               
HB 15.                                                                                                                          
                                                                                                                                
1:52:34 PM                                                                                                                    
SENATOR FRENCH asked if there is any opposition to the bill                                                                     
                                                                                                                                
MR. POUND said support in the House was unanimous.                                                                              
                                                                                                                                
SENATOR FRENCH asked if anyone testified against the bill.                                                                      
                                                                                                                                
MR. POUND said no.                                                                                                              
                                                                                                                                
REPRESENTATIVE KELLER noted that the  bill has not had a negative                                                               
vote yet.                                                                                                                       
                                                                                                                                
SENATOR  BISHOP noted  support for  HB 15  by the  Association of                                                               
General Contractors.                                                                                                            
                                                                                                                                
REPRESENTATIVE KELLER  thanked Senator  Bishop for  pointing that                                                               
out.                                                                                                                            
                                                                                                                                
1:53:38 PM                                                                                                                    
CHAIR EGAN opened public testimony.                                                                                             
                                                                                                                                
AVES THOMPSON,  Executive Director, Alaska  Trucking Association,                                                               
testified in  support of  HB 15. He  explained, as  vehicles have                                                               
gotten  larger   and  heavier,  many   fall  under   the  current                                                               
definition   of   intrastate   commercial   vehicle   that   have                                                               
historically not  been considered  a commercial vehicle,  such as                                                               
pickup trucks,  small step vans,  and small trailers. One  of the                                                               
Alaska  Trucking  Association's   legislative  priorities  is  to                                                               
change   the   current   statutory  description   of   intrastate                                                               
commercial vehicle  in order to  reduce the regulatory  burden on                                                               
small  businesses. He  said when  passed, HB  15 will  accomplish                                                               
that goal.                                                                                                                      
                                                                                                                                
He  pointed   out  that  for   purposes  of   commercial  vehicle                                                               
regulation  and inspection,  HB 15  raises the  weight threshold,                                                               
and lessens the  fiscal impact on businesses. It  does not change                                                               
the  commercial status  of intrastate  vehicles  for purposes  of                                                               
registration  with  the  Division  of Motor  Vehicles  (DMV)  and                                                               
therefore,  there is  no fiscal  impact  on the  state. He  urged                                                               
passage of the bill.                                                                                                            
                                                                                                                                
1:57:25 PM                                                                                                                    
DANIEL  SMITH, Director,  Division of  Measurement and  Standards                                                               
for Commercial  Vehicle Enforcement,  testified in support  of HB
15. He  said the change made  in the bill removes  the regulatory                                                               
burden  on  businesses that  have  been  categorized as  carriers                                                               
operating  commercial  motor  vehicles   due  to  the  fact  that                                                               
vehicles  have  gotten  larger.  Now,  incidental  use  of  these                                                               
vehicles, or  combination vehicles over 10,000  pounds, meets the                                                               
definition of a commercial vehicle.                                                                                             
                                                                                                                                
SENATOR DYSON moved to adopt Amendment 1.                                                                                       
                                                                                                                                
                                               28-LS0058\A.2                                                                    
                                                      Nauman                                                                    
                                                                                                                                
                          AMENDMENT 1                                                                                           
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 2, line 5:                                                                                                            
            Delete "designed"                                                                                                   
            Insert "being used[DESIGNED]"                                                                                   
                                                                                                                                
SENATOR DYSON  objected. He related  a story about  a constituent                                                               
in his  district who needs  a small handicap-equipped bus  with a                                                               
ramp. He  said without  the change proposed  in Amendment  1, his                                                               
constituent's  insurance  rate  would be  significantly  affected                                                               
because DMV's  opinion is "once  a bus,  always a bus."  He noted                                                               
that the sponsor is in agreement with the amendment.                                                                            
                                                                                                                                
REPRESENTATIVE KELLER said he concurs with Amendment 1.                                                                         
                                                                                                                                
2:01:53 PM                                                                                                                    
SENATOR FAIRCLOUGH  requested an  opinion from the  Department of                                                               
Law on the designated terminology.  She said she understands that                                                               
the language "a commercial motor  vehicle is defined" is followed                                                               
by a list  of appropriate vehicles. She opined  that "being used"                                                               
would  fall under  the commercial  requirements. On  line 20,  it                                                               
lists those vehicles which are not commercial motor vehicles.                                                                   
                                                                                                                                
ANMEI  GOLDSMITH,  Assistant   Attorney  General,  Transportation                                                               
Section, Department of  Law, opined that if the  vehicle is being                                                               
used  exclusively for  purposes other  than commercial  purposes,                                                               
then it would  not be a commercial motor vehicle.  If the current                                                               
bill is written  to eliminate the word "recreational"  on page 2,                                                               
line 20,  then a  bus pulling a  trailer equipped  for wheelchair                                                               
for personal use  it is not going  to be regulated by  DOTPF as a                                                               
commercial motor vehicle.                                                                                                       
                                                                                                                                
SENATOR  FAIRCLOUGH explained  that  proposed Amendment  1 is  on                                                               
page 2, line  5, and deletes the word "designed"  and adds "being                                                               
used". That proposed  change is in a place that  describes what a                                                               
commercial vehicle is. She wondered  if, instead, it should be on                                                               
line 20, where recreational vehicle  is being eliminated, and the                                                               
word "being" should  be inserted in between  the words "vehicles"                                                               
and "used".                                                                                                                     
                                                                                                                                
MS. GOLDSMITH  thought the bill,  as written, already  covers the                                                               
example  Senator Dyson  proposed and  would exclude  the modified                                                               
bus.  She noted  that  the  issue of  registration  at  DMV is  a                                                               
different story.  She said  she thought  DMV had  its own  set of                                                               
regulations.                                                                                                                    
                                                                                                                                
2:05:50 PM                                                                                                                    
SENATOR  FAIRCLOUGH requested  a description  of what  the effect                                                               
would be  of changing line  5, AS 19.10.300  (f)(1)(c)(ii), which                                                               
states  "is  designed  to  transport   more  than  15  passengers                                                               
including the driver." Amendment  1 proposes to change "designed"                                                               
to "being used".                                                                                                                
                                                                                                                                
MS. GOLDSMITH  explained that if  the term "designed"  is changed                                                               
to  "being  used",  and  the  vehicle  is  being  used  for  non-                                                               
commercial purposes, it is not a commercial vehicle.                                                                            
                                                                                                                                
2:07:43 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:08:04 PM                                                                                                                    
MR. POUND  commented that  when he  discussed the  amendment with                                                               
legislative legal,  they determined  that if  the vehicle  is not                                                               
being used  for commercial purposes,  the vehicle is no  longer a                                                               
commercial vehicle,  as far as  DOTPF is concerned;  however, DMV                                                               
still  considers  the  vehicle  a commercial  vehicle.  The  bill                                                               
addresses DOT statutes, not DMV regulations.                                                                                    
                                                                                                                                
SENATOR  FAIRCLOUGH said  she thought  DMV should  be present  to                                                               
address this issue.                                                                                                             
                                                                                                                                
MR. POUND  said if a vehicle  is not being used  to transport, it                                                               
eliminates its description as  a commercial vehicle. Recreational                                                               
vehicles  are  different according  to  both  DOTPF and  DMV.  He                                                               
assumed DMV would follow suit if DOTPF approves the changes.                                                                    
                                                                                                                                
SENATOR FAIRCLOUGH said she does not want to hold up the bill.                                                                  
                                                                                                                                
SENATOR DYSON said he would clear  this up with DMV. He suggested                                                               
that the amendment does no harm.                                                                                                
                                                                                                                                
SENATOR FRENCH suggested the committee adopt the amendment and                                                                  
hold the bill in committee.                                                                                                     
                                                                                                                                
2:13:04 PM                                                                                                                    
SENATOR FAIRCLOUGH suggested an at-ease in order to call DMV.                                                                   
                                                                                                                                
SENATOR DYSON agreed.                                                                                                           
                                                                                                                                
MR. POUND said he would call DMV.                                                                                               
                                                                                                                                
2:13:49 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:29:48 PM                                                                                                                    
CHAIR EGAN noted a problem with finding information from DMV. He                                                                
said he would schedule HB 15 again next week.                                                                                   
                                                                                                                                
CHAIR EGAN held HB 15 in committee with Amendment 1 pending.                                                                    
                                                                                                                                
2:30:44 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Egan adjourned the Senate Transportation Standing                                                                         
Committee at 2:30 p.m.                                                                                                          
| Document Name | Date/Time | Subjects | 
|---|---|---|
| sb24-Kodiak Chamber Support.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
SB  24 | 
            
| sb24-Sponsor Statement.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
SB  24 | 
            
| Hb 15 Admin Fiscal.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 Bill History.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 CMV less than 14K.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 crowley trucks.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| Hb 15 DOT Fiscal.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 Fed Standard CMV.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 H. Trans Comm. Rpt.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| Hb 15 Homebuild support.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 Moller,CPD Alaska Support.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 NFIB Support.PDF | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 Norcom Support.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 Sectional.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 Sponsor.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15 Vehicle classes.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| HB 15-A.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 | 
            
| SB024-DOT-MVO-2-18-13.pdf | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
SB  24 | 
            
| SB 24 email supporting, Seldovia Chamber 021913.PDF | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
SB  24 | 
            
| SB 24 lttr supporting, Homer Chamber 021913.PDF | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
SB  24 | 
            
| HB 15 email C Nelson 021913.PDF | 
                    
STRA       2/19/2013 1:30:00 PM | 
                
                    
HB  15 |