ALASKA STATE LEGISLATURE  SENATE TRANSPORTATION STANDING COMMITTEE  April 17, 2018 1:27 p.m. MEMBERS PRESENT Senator Bert Stedman, Chair Senator Click Bishop Senator David Wilson Senator Dennis Egan MEMBERS ABSENT  Senator Anna MacKinnon COMMITTEE CALENDAR  COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 259(JUD) AM "An Act relating to containing or confining loads being transported on highways." - MOVED SCS CSHB 259(TRA) OUT OF COMMITTEE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 82(STA) AM "An Act relating to vehicle registration; relating to off- highway restricted areas; and relating to motor vehicle liability insurance." - HEARD & HELD PREVIOUS COMMITTEE ACTION  BILL: HB 259 SHORT TITLE: CONFINING VEHICLE LOADS SPONSOR(s): REPRESENTATIVE(s) STUTES 01/08/18 (H) PREFILE RELEASED 1/8/18 01/16/18 (H) READ THE FIRST TIME - REFERRALS 01/16/18 (H) TRA, JUD 01/25/18 (H) TRA AT 1:15 PM BARNES 124 01/25/18 (H) -- MEETING CANCELED -- 01/30/18 (H) TRA AT 1:00 PM BARNES 124 01/30/18 (H) -- MEETING CANCELED -- 02/01/18 (H) TRA AT 1:00 PM BARNES 124 02/01/18 (H) Heard & Held 02/01/18 (H) MINUTE(TRA) 02/08/18 (H) TRA AT 1:00 PM BARNES 124 02/08/18 (H) Moved CSHB 259(TRA) Out of Committee 02/08/18 (H) MINUTE(TRA) 02/09/18 (H) TRA RPT CS(TRA) 1DP 5AM 02/09/18 (H) DP: STUTES 02/09/18 (H) AM: KOPP, CLAMAN, DRUMMOND, EASTMAN, WOOL 02/21/18 (H) JUD AT 1:00 PM GRUENBERG 120 02/21/18 (H) 02/23/18 (H) JUD AT 1:30 PM GRUENBERG 120 02/23/18 (H) Heard & Held 02/23/18 (H) MINUTE(JUD) 03/05/18 (H) JUD AT 1:00 PM GRUENBERG 120 03/05/18 (H) Moved CSHB 259(JUD) Out of Committee 03/05/18 (H) MINUTE(JUD) 03/07/18 (H) JUD RPT CS(JUD) 5DP 1NR 1AM 03/07/18 (H) DP: KOPP, KREISS-TOMKINS, STUTES, LEDOUX, CLAMAN 03/07/18 (H) NR: REINBOLD 03/07/18 (H) AM: EASTMAN 03/15/18 (H) TRANSMITTED TO (S) 03/15/18 (H) VERSION: CSHB 259(JUD) AM 03/16/18 (S) READ THE FIRST TIME - REFERRALS 03/16/18 (S) TRA, JUD 03/29/18 (S) TRA AT 1:30 PM BUTROVICH 205 03/29/18 (S) -- MEETING CANCELED -- 04/03/18 (S) TRA AT 1:30 PM BUTROVICH 205 04/03/18 (S) Heard & Held 04/03/18 (S) MINUTE(TRA) 04/05/18 (S) TRA AT 1:30 PM BUTROVICH 205 BILL: HB 82 SHORT TITLE: OFF HWY DRIVER'S LIC.; REGISTRATION; INSUR. SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS 01/25/17 (H) READ THE FIRST TIME - REFERRALS 01/25/17 (H) STA, TRA 02/02/17 (H) STA AT 3:00 PM GRUENBERG 120 02/02/17 (H) Scheduled but Not Heard 02/23/17 (H) STA AT 3:00 PM GRUENBERG 120 02/23/17 (H) 02/28/17 (H) STA AT 3:00 PM GRUENBERG 120 02/28/17 (H) Heard & Held 02/28/17 (H) MINUTE(STA) 03/09/17 (H) STA AT 3:00 PM GRUENBERG 120 03/09/17 (H) Heard & Held 03/09/17 (H) MINUTE(STA) 03/14/17 (H) STA AT 3:00 PM GRUENBERG 120 03/14/17 (H) Moved CSHB 82(STA) Out of Committee 03/14/17 (H) MINUTE(STA) 03/20/17 (H) STA RPT CS(STA) NT 3DP 2NR 03/20/17 (H) DP: KNOPP, TUCK, KREISS-TOMKINS 03/20/17 (H) NR: WOOL, LEDOUX 03/28/17 (H) TRA AT 1:00 PM BARNES 124 03/28/17 (H) Heard & Held 03/28/17 (H) MINUTE(TRA) 03/30/17 (H) TRA AT 1:00 PM BARNES 124 03/30/17 (H) Moved CSHB 82(STA) Out of Committee 03/30/17 (H) MINUTE(TRA) 03/31/17 (H) TRA RPT CS(STA) NT 5DP 1NR 03/31/17 (H) DP: CLAMAN, DRUMMOND, SULLIVAN-LEONARD, KOPP, WOOL 03/31/17 (H) NR: NEUMAN 04/08/17 (H) NOT TAKEN UP 4/8 - ON 4/9 CALENDAR 04/10/17 (H) TRANSMITTED TO (S) 04/10/17 (H) VERSION: CSHB 82(STA) AM 04/11/17 (S) READ THE FIRST TIME - REFERRALS 04/11/17 (S) TRA, STA 03/01/18 (S) TRA AT 1:30 PM BUTROVICH 205 03/01/18 (S) Heard & Held 03/01/18 (S) MINUTE(TRA) 04/05/18 (S) TRA AT 1:30 PM BUTROVICH 205 WITNESS REGISTER DAVID SCOTT, Staff Senator Stedman Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Explained the Senate committee substitute for HB 259. MATT GRUENING, Staff Representative Stutes Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Summarized HB 259. REPRESENTATIVE JONATHAN KREISS-TOMKINS Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Sponsor of HB 82. ACTION NARRATIVE 1:27:47 PM CHAIR BERT STEDMAN called the Senate Transportation Standing Committee meeting to order at 1:27 p.m. Present at the call to order were Senators Egan, Wilson, Bishop, and Chair Stedman. CHAIR STEDMAN reviewed agenda. 1:28:36 PM At ease. HB 259-CONFINING VEHICLE LOADS  1:29:05 PM CHAIR STEDMAN called the committee back to order and announced the consideration of [CSHB 259(JUD)AM.] "An Act relating to containing or confining loads being transported on highways." Noting that the bill was previously heard, he asked for a motion to adopt the Senate committee substitute (SCS). 1:29:38 PM SENATOR BISHOP moved to adopt the Senate CS for CSHB 259, version 30-LS0917\S, as the working document. 1:29:55 PM CHAIR STEDMAN objected for discussion purposes. 1:30:08 PM DAVID SCOTT, Staff, Senator Stedman, Alaska State Legislature, Juneau, Alaska, explained that the Senate committee substitute makes just one change. On page 2, lines 17-18, language was added to exempt commercial motor vehicles that are subject to federal motor carrier cargo securement standards implemented through state or federal law. CHAIR STEDMAN asked if there were questions. 1:30:40 PM SENATOR BISHOP stated support for the amendment. CHAIR STEDMAN asked the sponsors representative if he had any comments on the Senate CS. 1:31:05 PM MATT GRUENING, Staff, Representative Stutes, Alaska State Legislature, Juneau, Alaska, sponsor of HB 259, thanked Chair Stedman for hearing the bill and passing it along if it was the will of the committee. CHAIR STEDMAN quipped, For making it better? MR. GRUENING replied, Yes sir. 1:31:14 PM CHAIR STEDMAN removed his objection. Finding no further objection, he stated the Senate CS is adopted. CHAIR STEDMAN asked Mr. Gruening to remind the committee what version S does. MR. GRUENING explained that the bill updates the confined load statutes to include materials other than sand, dirt, rock, and gravel. It establishes respective class A and class B misdemeanor penalties if someone, with criminal negligence, fails to secure a load that results in the serious physical injury of another person or it results in $5,000 or more in property damage. The bill also provides sliding scale fines for other circumstances. A number of exemptions in the bill deal with municipal vehicles that are maintaining the roadway for traction, the natural accumulation of snow, dirt, ice, mud, and similar materials. The Senate CS adds an exemption for vehicles regulated under the federal commercial motor vehicle standards. 1:33:06 PM CHAIR STEDMAN found no questions and asked the will of the committee. 1:33:17 PM SENATOR EGAN moved to report SCS CSHB 259(TRA), version 30- LS0917\S, from committee with individual recommendations and attached fiscal note(s). 1:33:40 PM CHAIR STEDMAN found no objection and it was so ordered. HB 82-OFF HIGHWAY DRIVER'S LICENSE; REGISTRATION; INSURANCE  1:33:59 PM CHAIR STEDMAN announced the consideration of [CSHB 82 (STA)AM]; "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." He noted the bill was previously heard and that there were possible amendments. He asked the sponsor to review the bill for the committee. 1:34:38 PM REPRESENTATIVE JONATHAN KREISS-TOMKINS, Alaska State Legislature, Juneau, Alaska, sponsor of HB 82, stated that the bill clarifies the eligibility criteria for the long-standing off-highway drivers program. He explained that several communities that had been eligible for the program for several decades became ineligible because of a new Division of Motor Vehicles interpretation of eligibility. When he looked into the matter, he saw the opportunity to tighten and clarify the eligibility criteria. CHAIR STEDMAN asked Senator Wilson if he had a proposed amendment. 1:35:54 PM SENATOR WILSON moved to adopt Amendment 1, labeled 30- LS0367\J.A.2. 30-LS0367\J.A.2 Martin 3/5/18 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR WILSON TO: CSHB 82(STA) am Page 5, lines 1 - 18: Delete all material. Renumber the following bill sections accordingly. Page 5, line 29: Delete all material and insert:  "* Sec. 7. AS 28.22.011(a)(1) and 28.22.011(b) are repealed." 1:36:18 PM CHAIR STEDMAN objected for discussion purposes and asked Senator Wilson what the amendment does. SENATOR WILSON explained that the purpose of the amendment is to require off-road motorists to carry vehicle insurance. The intent is to make sure that assessments of property damage are levied equally and that all lives are valued equally. The amendment simply requires vehicles to be insured. He pointed out that anyone can insure a vehicle they drive, not just the registered owner. He also highlighted that coverage can be obtained remotely. SENATOR EGAN asked how remotely would be applied under the amendment. SENATOR WILSON explained that the amendment would require the 294 off-highway communities the sponsor identified to comply with the same insurance coverage requirements for motor vehicle as communities on the road system. SENATOR EGAN asked if the idea is that someone who is in a community that does not have an insurance agent could... SENATOR WILSON interjected, They could call any provider of their choice, statewide, to be covered through insurance. CHAIR STEDMAN asked the bill sponsor to comment. 1:39:55 PM REPRESENTATIVE KREISS-TOMKINS said he opposed the proposed amendment, primarily because it goes beyond the scope of the bill. He reiterated that the bill seeks to clarify and tighten the eligibility criteria for the off-highway drivers program. Whether insurance is required to operate a motor vehicle in villages in Alaska, is a long-standing but separate question. 1:40:34 PM CHAIR STEDMAN removed his objection. Finding no further objection, he announced that Amendment 1 was adopted. He asked the sponsor to comment. REPRESENTATIVE KREISS-TOMKINS restated the explanation of the purpose of the bill that he provided earlier. He said the bill is a product of discussions with DMV regarding the off-highway drivers program. Amendment 1 changes it to require everyone in all villages in Alaska to carry vehicle insurance. CHAIR STEDMAN asked if he continues to support the bill. 1:41:56 PM REPRESENTATIVE KREISS-TOMKINS replied he supports the underlying bill but has concerns with the amendment. He opined that most legislators from rural Alaska would likely have similar concerns. 1:42:16 PM CHAIR STEDMAN found no further questions and announced he would hold HB 82 in committee. 1:42:19 PM There being no further business to come before the committee, Chair Stedman adjourned the Senate Transportation Standing Committee meeting at 1:42 p.m.