HB 82-RESTRICTED OFF HWY DRIVER'S LICENSE  3:20:51 PM CHAIR KREISS-TOMKINS announced that the first order of business would be HOUSE BILL NO. 82, "An Act relating to vehicle registration; relating to off-road system restricted noncommercial drivers' licenses; relating to off-highway commercial drivers' licenses; relating to off-road system eligible areas; and relating to motor vehicle liability insurance." [Before the committee was the proposed committee substitute (CS) for HB 82, Version 30-LS0367\D, Martin, 2/27/17, adopted as a work draft on 2/28/17, hereafter referred to as Version D.] 3:21:12 PM REPRESENTATIVE KNOPP moved to adopt Amendment 1, [labeled 30- LS0367\D.1, Martin, 3/14/17], which read: Page 2, lines 21 - 22: Delete "to the land-connected state highway system and do not have land-connected road access" Page 2, line 23: Delete "fiscal year" Insert "12 months" Page 4, line 8, following "the": Insert "noncommercial" CHAIR KREISS-TOMKINS objected for the purpose of discussion. 3:21:40 PM BARRETT WILBUR, Staff, Representative Jonathan Kreiss-Tomkins, Alaska State Legislature, on behalf of Representative Kreiss- Tomkins, prime sponsor of HB 82, stated that Amendment 1 was drafted in response to committee discussion during the House State Affairs Standing Committee meeting of 3/9/17. She explained that the proposed deletion on page 2, lines 21-22, of HB 82, would ensure that ferry-accessible communities are eligible for the off-highway driver's license (OHDL), if they do not have Division of Motor Vehicle (DMV) offices. She added that even though the Alaska Marine Highway System (AMHS) is considered a state highway, it is not a road. She said the substitution of "12 months" for "fiscal year" would ensure there is a road test every 12 months. Finally, she relayed the insertion of "noncommercial" before "motor vehicle" was a conforming change to make it absolutely clear that HB 82 would not affect commercial vehicle licensure. 3:24:28 PM REPRESENTATIVE KNOPP asked for clarification on the proposed change from "fiscal year" to "12 months". MS. WILBUR explained that if a road test was offered at the beginning of one fiscal year and at the end of the next fiscal year, the time between road tests would be more than 12 months. REPRESENTATIVE KNOPP asked why the duration of the OHDL license was not made consistent with that of the on-road license. 3:26:46 PM AMY JOHNSON, Deputy Director, Division of Motor Vehicles (DMV), Department of Administration (DOA), explained that the 12-month timeframe is to allow DMV the opportunity to get to communities and perform road tests, so that those communities do not end up on the list of off-highway communities. MS. WILBUR offered that the 12-month period does not represent the length of time the OHDL is valid, but refers to the length of time that a community can be without a DMV or road test before it becomes eligible for OHDLs. She added that if DMV closed its office in a community, it would have 12 months either to fly someone out to offer road tests in the community, reopen the DMV office, or make the community eligible for OHDLs. CHAIR KREISS-TOMKINS removed his objection to Amendment 1. There being no further objection, Amendment 1 was adopted. CHAIR KREISS-TOMKINS opened public testimony on HB 82. 3:28:49 PM HEATHER POWELL testified that she strongly supports OHDLs for Alaska's rural communities. She expressed her belief that the voices of the residents of rural communities should be heard. She maintained that there are many state and federal roads leading to fishing and subsistence areas, which residents rely on to live traditionally. She asserted that the community is a large family, in which people rely upon each other. They work together to gain access to these areas and to be safe while doing that. She stated, "We need to be able to support our youth and let them feel comfortable, as they work toward the ability to become regularly licensed." MS. POWELL mentioned that there are costs associated with being off the road system and living in a rural area, which are far greater than the costs incurred by people on the road system with a DMV available to them. She cited the costs of ferry tickets and housing, and she mentioned that sometimes the AMHS does not accommodate the needs of rural residents. She maintained that providing OHDLs to residents supports rural communities and offers a safer alternative to no license at all. She added that OHDLs offer residents the opportunity to function within their communities, not just in a safe manner, but in a manner that allows them to "live the life this land provides." She maintained that the OHDL is a tool that will make residents successful, and she strongly supports that. She stated that there are many reasons for upholding rural communities, and absolutely one of them is safety. 3:32:04 PM MARLA HOWARD, Kake City Council, testified that HB 82 is wanted by Kake residents and would be utilized. She stated that she knows residents who have traveled to obtain driver's licenses, and she knows some who cannot afford to do so but drive anyway. She mentioned that considering the expense of travel and the uncertain future of the AMHS, the proposed legislation would offer a small gesture to aid the poor, economy-stricken villages. Residents pay the highest rates for food, fuel, and electricity. She urged the committee to pass HB 82. 3:33:48 PM KEN SKAFELSTAD, Mayor, City of Hoonah, testified that he believes HB 82 would benefit rural communities and urged the committee to pass it out of committee. He maintained that the proposed legislation presents a common-sense approach to alleviating a difficult situation for residents. 3:35:28 PM REPRESENTATIVE WOOL asked whether most Hoonah residents have full driver's licenses and if HB 82 would affect only a minority of people who find it difficult to access a DMV. MR. SKAFELSTAD expressed his belief that HB 82 would affect a significant number of people. He relayed that most residents have full driver's licenses, but in obtaining those licenses, they have experienced delay, expense, and inconvenience. He attested that it is consequential not to have an able-bodied driver to legally contribute to the economic opportunities at hand. The OHDL helps young people learn to drive responsibly by allowing them to legally drive in the off-road setting as they acquaint themselves with driving. When a young person must wait months and years to obtain a driver's license, it creates a gaping hole adversely affecting that person's ability to take advantage of opportunities. He added that OHDLs provide commercial advantages to the community without creating any deficits to the state. 3:38:41 PM CHAIR KREISS-TOMKINS closed public testimony on HB 82. 3:38:54 PM The committee took a brief at-ease at 3:38 p.m. 3:38:59 PM REPRESENTATIVE TUCK asked for an explanation of the $66,200 on the attached fiscal note for HB 82. 3:39:54 PM MS. JOHNSON stated that she does not have a copy of the fiscal note and is unable to comment. 3:40:18 PM AUDREY O'BRIEN, Driver Services - Juneau, Division of Motor Vehicles (DMV), Department of Administration (DOA), also responded that she does not have access to the fiscal note to be able to comment on it. REPRESENTATIVE TUCK asked if requiring residents to obtain driver's licenses in the communities that were no longer OHDL- eligible increased the DMV budget or reduced the budget. He offered that a positive fiscal note implies that there were savings at some point during the time the change in OHDL eligibility was implemented. CHAIR KREISS-TOMKINS responded that he believes there will be a revision to the fiscal note that will "zero it out." 3:42:01 PM MS. O'BRIEN stated that through contact with the director of the DMV, she can confirm that there will be a zero-fiscal note. 3:42:30 PM REPRESENTATIVE TUCK moved to report HB 82, as amended, out of committee with individual recommendations and a forthcoming zero fiscal note. There being no objection, CSHB 82(STA) was reported out of the House State Affairs Standing Committee.