Legislature(2017 - 2018)GRUENBERG 120
02/28/2017 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| HB82 | |
| HB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 97 | TELECONFERENCED | |
| += | HB 82 | TELECONFERENCED | |
| += | HB 1 | TELECONFERENCED | |
| *+ | HB 127 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 91 | TELECONFERENCED | |
HB 82-RESTRICTED OFF HWY DRIVER'S LICENSE
3:12:35 PM
CHAIR KREISS-TOMKINS announced that the next 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."
3:12:45 PM
The committee took a brief at ease at 3:12 p.m.
3:12:51 PM
BERETT WILBER, Staff, Representative Kreiss-Tomkins, Alaska
State Legislature, presented HB 82 on behalf of Representative
Kreiss-Tomkins, prime sponsor. She stated that HB 82 would
change the criteria for an individual to be eligible for an off-
highway driver's license. She said that under AS 28.15.126, an
individual is eligible if his/her community is on a list of
communities published by the Division of Motor Vehicles (DMV).
She stated that the list consists of off-highway communities
without DMV offices, and these communities are exempt from
vehicle registration and insurance. She added that DMV
publishes this list every year under the insurance exemption
statute [AS 28.22.011], and residents of these communities
qualify for off-highway driver's licenses.
MS. WILBER relayed that in 2014, "traffic count" was added as a
new criterion for the list of off-highway communities. She
explained that if a rural, off-highway community had a traffic
count of greater than 499, it was removed from the list, and
residents could no longer qualify for off-highway driver's
licenses. She mentioned that five rural communities without
access to DMV offices were removed from the list based on this
new criterion - Kake, Hoonah, Angoon, Seldovia, and Hyder. She
asserted that HB 82 would change statute to ensure that traffic
count would no longer determine a community's qualification for
the off-highway driver's license, thereby reinstating those five
communities to the list of eligible communities. She opined
that it is unreasonable and prohibitively expensive for a
resident of rural communities to fly to Anchorage or Juneau to
get a driver's license and results in people driving illegally.
3:17:06 PM
REPRESENTATIVE BIRCH moved to adopt the proposed committee
substitute (CS) for HB 82, Version 30-LS0367\D, Martin, 2/27/17,
as the working document.
REPRESENTATIVE LEDOUX objected for the purpose of discussion.
CHAIR KREISS-TOMKINS explained that the CS for HB 82 is the
newest iteration of the bill and was developed in close
consultation with DMV.
REPRESENTATIVE LEDOUX withdrew her objection. There being no
further objection, Version D was before the committee.
REPRESENTATIVE WOOL asked what criteria was used to qualify a
community to be on the list of off-highway communities before
the traffic-count criteria.
MS. WILBER answered that the criteria was that the community was
not connected to the land state highway system and did not have
access to a DMV office that offered road testing for a driver's
license.
REPRESENTATIVE WOOL asked if in the communities that don't
require a driver's license, a driver isn't required to have car
insurance.
MS. WILBER replied that under current statute, a person living
in one of the 294 communities that allow off-highway driver's
licenses is exempt from registration and insurance.
REPRESENTATIVE WOOL asked for clarification that residents of
the five communities with a traffic count of over 499 would be
exempt from having insurance as well as driver's licenses. He
asked if there is an age requirement for drivers not needing
driver's licenses and insurance.
3:20:36 PM
MS. WILBER pointed out that in none of the communities are you
allowed to drive without a license. She explained that the
proposed legislation would allow a resident to get an off-
highway restricted driver's license - a specific type of
driver's license that can be obtained through the mail. She
asserted that the intent of HB 91 is to provide a mechanism for
rural residents to obtain legal licenses to drive, thus
preventing under-age driving.
3:21:34 PM
REPRESENTATIVE WOOL asked for clarification that an off-highway
driver's license requires paperwork, a written test, the
applicant to be a certain age, but not a road test or insurance.
He asked if under the proposed legislation, the residents of the
five communities having the higher traffic count would have
those same requirements.
MS. WILBER answered that under current statute, an off-highway
restricted driver's license: requires passing a written test;
requires verifying identity with DMV; cannot be used outside the
country or on the state highway system; and can only be used in
an off-highway restricted area.
MS. WILBER stated that all communities that are eligible for
off-highway driver's licenses are currently exempt from
registration and insurance, and that would continue under HB 82.
She added that the five communities that would become newly
eligible under HB 82 would also be exempt from registration and
insurance.
REPRESENTATIVE WOOL asked if a community that loses its DMV
office through budget cuts would qualify automatically for off-
highway driver's licenses.
MS. WILBER answered that language in HB 83 states that if a road
test is not offered in a community for more than 12 months, the
community then becomes eligible for off-highway driver's
licenses. She added that this would give DMV 12 months to
provide other options for road tests: establish a commissioned
agent position in the community; fly a DMV representative into
the community; or contract with a third party.
3:26:25 PM
MARLA THOMPSON, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), reiterated that if a
community lost DMV services for 12 months, it would be exempt
from registration and insurance.
3:27:05 PM
MS. WILBER confirmed in response to Representative LeDoux that
the five communities that would be affected by HB 83 are Hoonah,
Kake, Angoon, Seldovia, and Hyder.
REPRESENTATIVE LEDOUX stated that she understands the situation
in the villages, but she expressed that Seldovia is a city of
substantial size with paved highways. She asked how many people
in the five communities are eligible to have a driver's licenses
but don't.
MS. WILBER mentioned that Seldovia has a population of 255, and
the last traffic count study performed in 2007 revealed a
highest average daily traffic count of 665.
REPRESENTATIVE LEDOUX asked for an explanation of "traffic
count."
MS. WILBER said that traffic count, also known as average daily
traffic (ADT), is one assessment the Department of
Transportation & Public Facilities (DOT&PF) uses to determine
the classification of roads. She added that it is a count of
the number of people who drive over a given segment of road on a
given day.
REPRESENTATIVE LEDOUX asked if "655" refers to the number of
cars driving over a segment of road.
MS. WILBER responded yes. She clarified that the number does
not refer to the number of individual cars but the number of
times over which the traffic count strip has been driven.
REPRESENTATIVE LEDOUX asked if the traffic assessment was
performed in the summer or winter, since Seldovia is a tourist
destination in the summer.
MS. WILBER answered that the reason it is called an average
daily traffic count is because a statistical analysis is
performed on the actual numbers collected to produce a
representative count.
REPRESENTATIVE LEDOUX asked how long it takes to travel from
Seldovia to Homer by ferry.
MS. WILBER replied that she didn't know but asserted that having
to travel by ferry to obtain a driver's license was an
imposition, and a community such as Seldovia should be able to
qualify for off-highway driver's licenses. She stated that DMV
and DOT&PF personnel have indicated to her that there are off-
highway communities that would have traffic counts of over 499,
if a traffic count were performed. She mentioned that the
communities of Hooper Bay, Sandpoint, King Cove, Selawik, and
Togiak, which all have populations significantly larger than the
five mentioned in relation to the proposed legislation, would
likely have traffic counts over 499. She added that DOT&PF is
not likely to do traffic counts in these communities, which is
why they have never been removed from the list of off-highway
communities. She stated that HB 83 was introduced to protect
rural communities that don't have road access to DMVs from being
removed from the list of off-highway communities in the event
DOT&PF performed a traffic count. She opined that a traffic
count is not a good metric for determining qualification for the
off-highway driver's license.
3:33:58 PM
REPRESENTATIVE JOHNSON offered that Seldovia stands out among
the five communities because it has many roads and many people.
She also mentioned that communities with ferry access are
different from bush communities with just a few miles of road in
the middle of nowhere. She added that the Alaska Marine Highway
is part of the state's transportation system.
MS. WILBER confirmed that all five communities are served by the
ferry system. Under HB 83, they would qualify for the off-
highway driver's license, because they are not connected [to DMV
offices] by land. She offered that it is prohibitive for people
in those communities to buy ferry tickets, hotel rooms, and take
road tests in an unfamiliar community, just so they can drive in
their own community. She opined that even though the
communities have access to a DMV office by ferry, the ability of
the residents to obtain driver's licenses is impaired. She
reiterated that HB 83 would allow them to access legal licenses
that other Alaskans access without the expense and time.
REPRESENTATIVE JOHNSON pointed out that Hyder is connected to a
road system.
3:37:59 PM
REPRESENTATIVE KNOPP asked if the age limit for a driver's
license applies to an off-highway driver's license.
MS. WILBER responded yes, the two are the same.
REPRESENTATIVE KNOPP offered that in the summer, there are about
2,000 people in Seldovia; there are not many roads; and it is
less than an hour from Homer by ferry. He stated that his
concern is regarding the increased summer traffic in Seldovia
and the uninsured drivers with off-highway driver's licenses.
He asked if the off-highway driver's license system is working
well given those drivers are exempt from insurance.
MS. THOMPSON responded that currently 1,527 drivers have off-
highway restricted licenses. She said that those drivers are
not required to pay DMV registration fees or to obtain insurance
while driving in the off-highway community. She maintained that
if the driver is driving in a community that is not an off-
highway community, then the off-highway driver's license becomes
a de facto permit, and the driver needs a regular driver's
license or must be accompanied by someone with a regular
driver's license. She mentioned that the number of off-highway
driver's licenses is small due to the restrictions on them.
3:43:11 PM
REPRESENTATIVE KNOPP reiterated his concern is about local young
people driving around Seldovia with off-highway driver's
licenses and no insurance. He asserted that every other driver
is required to maintain insurance, and a visitor to Seldovia
could be a victim of an uninsured driver.
3:44:10 PM
AUDREY O'BRIEN, Driver Services - Juneau, Division of Motor
Vehicles (DMV), Department of Administration (DOA), confirmed
that for a person in Seldovia with an off-highway driver's
license, insurance is optional, and a visitor to Seldovia could
be at risk of a collision with an uninsured driver.
CHAIR KREISS-TOMKINS offered a scenario: Someone from Valdez
travels to Tatitlek or King Cove, both of which have ferry
service and are off-highway eligible communities. The visitor,
who does have insurance, gets T-boned by an uninsured Tatitlek
or King Cove driver. Representative Kreiss-Tomkins asked, "What
happens to the insured driver who just got hit by the uninsured
driver?"
MS. O'BRIEN replied that in that situation, the driver does not
face a license suspension as would a driver "on-system" because
insurance is not required for the off-highway driver. She went
on to say that there still could be an application of financial
responsibility for the off-highway driver depending on who is at
fault.
3:47:43 PM
REPRESENTATIVE BIRCH asked if the roads in the off-highway
communities are publicly constructed roads or private roads.
MS. O'BRIEN conjectured that these communities have a
combination of public and private roads.
REPRESENTATIVE BIRCH asked if it is reasonable to permit drivers
with no registration or insurance on public roads.
CHAIR KREISS-TOMKINS asked what the insurance implications would
be for the insured driver in the scenario he offered.
MS. O'BRIEN responded that depending on the insured driver's
coverage, damages for which he/she was responsible could be
reimbursed, and damages caused by the uninsured driver could be
reimbursed under uninsured motorist coverage. If the insured
driver did not have uninsured motorist coverage, he/she may have
to pay for the damages caused by the uninsured driver or seek
compensation by other means.
3:51:24 PM
REPRESENTATIVE LEDOUX asked how many people in the five off-
highway communities would be affected by HB 83 because they are
eligible for a driver's license and have a vehicle but don't
have a regular driver's license. She opined that many people
travel out of Seldovia for services.
MS. O'BRIEN answered that she doesn't have that number. She
said she could attempt to get that information but would not
know who chose not to have a driver's license.
REPRESENTATIVE LEDOUX asked if people with driving violations,
such as driving under the influence (DUI), can get off-highway
driver's licenses.
MS. O'BRIEN answered that the only difference between the off-
highway driver's license and the regular license is that the
former does not require a road test. She maintained that all
other licensing criteria that applies to a regular driver's
license applies to an off-highway driver's license. She stated
that if driving privileges have been revoked for an individual,
he/she would not have off-highway driving privileges. She
added, however, that a court-ordered requirement for an ignition
interlock device is forgiven in the off-highway listed
communities.
REPRESENTATIVE LEDOUX asked what the rationale was for not
requiring insurance.
MS. O'BRIEN replied that her understanding was that back in
1986, when this was enacted, traffic in those areas was so low
that there was very little risk.
3:55:46 PM
REPRESENTATIVE TUCK suggested that the explanation for allowing
uninsured drivers might be because insurance companies don't
insure unlicensed drivers.
MS. O'BRIEN responded that her contact with insurance companies
suggests to her they are unfamiliar with off-highway driver's
licenses.
REPRESENTATIVE TUCK asked if commercial driver's licenses still
would be required in the off-highway communities.
MS. O'BRIEN answered that HB 83 would not change the criteria
for commercial licensing in off-highway communities. She added
that there is a restriction for commercial licenses based on the
size of the community, which is an exemption applied to Alaska
under federal law.
REPRESENTATIVE TUCK asked for clarification that HB 83 would
require the off-highway communities to be listed in statute.
MS. O'BRIEN responded that DMV publishes a list of off-highway
communities, and HB 83 would change the criteria for communities
to be on the list.
3:58:53 PM
REPRESENTATIVE KNOPP expressed his concern for people who are
unaware of off-highway driver's licenses being in an area not
requiring liability insurance policies. He stated that most
people have an uninsured/underinsured provision on their
insurance policy. He asked if that provision would protect the
insured driver in the event of a collision with an uninsured
driver.
MS. O'BRIEN stated that she is not aware of any clause that
would render the insurance policy invalid in the off-highway
community.
REPRESENTATIVE KNOPP offered that the intent of the
uninsured/underinsured provision is to protect the insured
driver.
4:01:12 PM
REPRESENTATIVE JOHNSON asked if the off-highway driver's license
communities have resident law enforcement officers.
MS. WILBER answered that in speaking with Department of Public
Safety (DPS) personnel, three of the communities addressed by HB
83 have police departments.
CHAIR KREISS-TOMKINS offered his belief that Kake and Angoon
have Village Public Safety Officers (VPSOs); Hoonah has a
municipal police department; Seldovia has a municipal police
department; and Hyder does not have a municipal police
department.
4:02:43 PM
REPRESENTATIVE JOHNSON asked if the off-highway driver's license
would qualify as a "REAL ID."
MS. Thompson answered no, it would not qualify as a REAL ID. In
response to a previous question on the number of registrations
per city, she offered that there is a total of 2,752 vehicles
registered with the breakdown as follows: Angoon with 264;
Hoonah with 993; Kake with 374; and Seldovia with 1,119.
MS. THOMPSON, in response to Representative Wool, confirmed
there were 1,527 individuals with off-highway driver's licenses.
She clarified that the people in the four communities currently
have regular driver's licenses.
REPRESENTATIVE WOOL opined that a town with a thousand vehicles
does not constitute light road traffic. He offered that in the
case of Seldovia, accessing a DMV office entails a short ferry
ride and is not much of a burden. He mentioned that Hyder is
connected to the road system. He said that he is interested in
the number of cars traveling to Homer from Seldovia in the
summer.
4:07:23 PM
REPRESENTATIVE LEDOUX stated that she agrees with Representative
Wool. She opined, however, that some of the other communities
on the off-highway list might also have a high traffic count,
and it is unfair to exclude these five communities based on high
traffic count, when other communities on the list might also
have high traffic count. She suggested that instead of
including these five communities on the list, an equally
reasonable solution might be to consider excluding the other
communities with high traffic count.
REPRESENTATIVE TUCK asked if the ADT count was removed as a
criterion, the only other way to remove a community from the
list of exemptions would be to open a DMV office in the
community.
MS. THOMPSON answered yes. There would have to be a road test
available in the community, either through a DMV office, a
business partner, or a commissioned agent.
REPRESENTATIVE TUCK asked Ms. Thompson to provide information to
the committee identifying the community with the smallest ADT
count that has a DMV office.
4:09:57 PM
REPRESENTATIVE BIRCH referred to the financial implication of HB
83 and asked if vehicle registration fees would be required in
these five communities.
MS. THOMPSON responded that there would not be registration
fees, but many of these communities already have permanent
registration available. She offered to provide the committee
with information on the estimated loss of revenue.
REPRESENTATIVE WOOL asked how DMV knows how many vehicles there
are if they are unregistered.
4:11:31 PM
CHAIR KREISS-TOMKINS reiterated that many of the people in the
five communities have regular licenses, and just a few have the
off-highway restricted license, such as elders and people who
never leave the village.
[HB 82 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 097 ver A.pdf |
HSTA 2/28/2017 3:00:00 PM |
HB 97 |
| HB097 Sponsor Statement ver A 2.23.17.pdf |
HSTA 2/28/2017 3:00:00 PM |
HB 97 |
| HB097 Sectional Analysis ver A 2.23.17.pdf |
HSTA 2/28/2017 3:00:00 PM |
HB 97 |
| HB097 Fiscal Note DPS 2.25.17.pdf |
HSTA 2/28/2017 3:00:00 PM |
HB 97 |
| HB 097 Support Indirect Expenditure Report 2.22.17.pdf |
HSTA 2/28/2017 3:00:00 PM |
HB 97 |
| HB 82 Proposed CS ver D 2.28.17.pdf |
HSTA 2/28/2017 3:00:00 PM |
HB 82 |
| HB082 Summary of Changes ver A to ver D 2.27.2017.pdf |
HSTA 2/28/2017 3:00:00 PM |
HB 82 |
| HB01_Elections_Bill_Support_022717.pdf |
HSTA 2/28/2017 3:00:00 PM |
HB 1 |