Legislature(2017 - 2018)BARNES 124
02/08/2018 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB259 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 259 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 259-CONFINING VEHICLE LOADS
1:45:25 PM
CO-CHAIR WOOL announced that the only order of business would be
HOUSE BILL NO. 259, "An Act relating to containing or confining
loads being transported on highways."
1:45:42 PM
REPRESENTATIVE STUTES made a motion to adopt the proposed
committee substitute (CS) for HB 259, labeled 30-LS0917\I,
Martin, 2/5/18, as the working document. There being no
objection, Version I was before the committee.
1:45:59 PM
MATT GRUENING, Staff, Representative Louise Stutes, Alaska State
Legislature, on behalf of the prime sponsor of HB 259,
Representative Stutes, explained that there were two changes to
the proposed committee substitute (CS) for HB 259, Version I, as
follows [original punctuation provided]:
Page 2, line 16:
Added an exemption for vehicles that are removing or
hauling snow
Page 2, line 20:
Changed "physical injury" to "serious physical injury"
MR. GRUENING explained that the first change relates to
municipal vehicles that clear snow from the roadway. This
exemption covers vehicles, such as front loaders and dump trucks
that do not often cross roadways. Allowing these vehicles to
remove snow seemed to create less of a hazard for the public
than to slow the snow removal process, he said.
MR. GRUENING said the second change addresses an issue that
arose at the last hearing. This language would further clarify
that the injuries resulting from unsecure loads in question are
very "serious physical injuries." He pointed out that the bill
has a zero fiscal note from the Department of Transportation &
Public Facilities (DOT&PF).
1:47:36 PM
REPRESENTATIVE EASTMAN asked how a person "moving" a motor
vehicle is being defined. For example, would moving a vehicle
apply to a person pushing the vehicle or a non-owner moving the
vehicle.
MR. GRUENING offered his belief that physically pushing the
vehicle is considered "moving" the vehicle; however, this bill
only applies to vehicles on a highway.
1:48:55 PM
REPRESENTATIVE EASTMAN related a scenario in which a tow truck
was called to tow a crashed vehicle and arrived to discover an
unsecured load but did not have a tarp or other materials to
secure the load. He asked whether the tow-truck driver would be
subject to penalties.
MR. GRUENING said that the sponsor had not considered vehicles
towing other vehicles, but he thought the sponsor would consider
how this affected tow trucks.
1:49:52 PM
CO-CHAIR WOOL stated that HB 259 applies to "a highway." He
asked for clarification on which roads were included in a strict
definition of "highway."
MR. GRUENING answered deferred to the Department of
Transportation & Public Facilities to respond.
1:50:27 PM
JASON SAKALASKAS, Engineer, Northern Region, Department of
Transportation & Public Facilities (DOT&PF), acknowledged that
Alaska has "designated highway systems." He stated that he
would need to further research which highways are included in
the definition and report back to the committee.
1:51:06 PM
REPRESENTATIVE DRUMMOND stated that her district has several
major highways plus several state-operated roadways including
Northern Lights Boulevard, Tudor Road, and Benson Boulevard.
She asked whether this bill would apply to a violation on one of
the state-operated roadways in Anchorage noting these streets
have frequent stop signals.
MR. GRUENING answered that the definition for highways is in
current law and the bill uses the term "highway.". He offered
his belief that if the road is not designated as a "highway,"
the language in Version I would not apply. He suggested the
sponsor would be amenable to discussing other roadways.
1:52:20 PM
REPRESENTATIVE DRUMMOND asked whether the sponsor's district
"may or may not" have [major] highways. In response to a
request for further clarification, Representative Drummond read
the bill title for HB 259, which read as follows [original
punctuation provided]:
"An Act relating to containing or confining loads
being transported on highways."
REPRESENTATIVE DRUMMOND related her understanding that
"highways" has a limited definition in Alaska. She recalled
that Alaska has seven or eight numbered highways in the state,
including the Seward, Glenn, Parks, Sterling, Johansen and
Dalton highways. She stated that the state-operated roads in
her district would include 5th and 6th Avenues, which becomes
the Glenn Highway. She asked if a truck with an unsecured
vehicle load was driving on 5th or 6th Avenues in Anchorage and
debris fell on another vehicle causing "serious physical injury"
whether Version I of HB 259 would apply.
MR. GRUENING said he was not certain. He pointed out that Egan
[Drive] is also a state highway [AK-7] in Juneau. He offered to
research it further with the Legislative Legal and Research
Services attorney [and report back to the committee].
1:54:38 PM
REPRESENTATIVE CLAMAN stated the bill amends Alaska Statutes
(AS) 28 relating to the motor vehicle code. He referred to the
definition in AS 28.90.990(a)(14), which read as follows
[original punctuation provided]:
(14) highway means the entire width between the
boundary lines of every way that is publicly
maintained when a part of it is open to the public for
purposes of vehicular travel, including but not
limited to every street and the Alaska state marine
highway system but not vehicular ways or areas;
REPRESENTATIVE CLAMAN said that this bill would make it a
potential criminal offense, a misdemeanor [for not confining
vehicle loads]. An argument could be made that this should
reference the definition for "highway" under Title 11, which is
the criminal code. He then referred to the definition in AS
11.900(a)(30), which read [original punctuation provided]:
(30) highway means a public road, road right-of-way,
street, alley, bridge, walk, trail, tunnel, path, or
similar or related facility, as well as ferries and
similar or related facilities;
1:54:04 PM
CO-CHAIR WOOL commented that the definition [in AS 11.900] would
broadly cover anywhere a person could drive a car, a skateboard,
or a bicycle; that the bill would apply to a person driving an
uncovered load on any road, such as the Parks Highway or Spenard
Road.
MR. GRUENING said he had missed the definition in the bill; that
he had not realized the definition of highway was so broad.
1:56:37 PM
REPRESENTATIVE KOPP commented on one way to narrow the
definition for "highway." He referred to page 1, line 5, to add
"for motor vehicle use," after highway, which would then read,
"on a highway for motor vehicle use." In addition, motor
vehicles as defined in statute include motorcycles and
automobiles. He suggested that the definitions could be
modified in the House Judiciary Standing Committee. He said
that committee members conceptually understand the intent of the
bill, which is to provide public protection from motor vehicles
on highways. Currently, some small communities with traffic
counts of less than 500 per day are not subject to Department of
Transportation & Public Facilities (DOT&PF) regulations, which
provides an exemption that allows [all-terrain vehicles (ATV)
known as] four-wheelers or snow machines on roadways. He
suggested including such an exemption [in HB 259] would not
violate the spirit of the bill, which is to protect people in
significant traffic areas from the risks of unsecured loads. He
reiterated his understanding that the sponsor's goal is to have
the bill applicable to the interstate road system.
1:58:12 PM
CO-CHAIR WOOL said he was unsure of the bill sponsor's intent
with respect to the specific "highways" that would be affected
by the bill. He asked for further clarification on whether the
sponsor intended to have [the unsecured load restrictions apply]
to vehicles on any road or if it would be restricted to roadways
over a certain speed limit. He also wondered whether the public
would need the same protection from a vehicle with an unsecure
load being driven 20 miles per hour on a dirt road as for a
vehicle being driven on Minnesota Drive in Anchorage traveling
at 50 miles per hour without confining its load.
REPRESENTATIVE STUTES responded that Representative Kopp
previously captured the gist of the bill. She agreed that the
bill could be fine-tuned in the House Judiciary Standing
Committee because of its expertise. She clarified that her
intent was to address public safety concerns on the highly-
traveled main roads in Alaska.
1:59:14 PM
REPRESENTATIVE EASTMAN said that the bill would still apply to
the Alaska Marine Highway System (AMHS), so he surmised it would
apply to vehicles on a ferry. He asked whether the committee
would want to restrict the bill to numbered highways or if the
sponsor preferred HB 259 to be more expansive and encompass
other roads.
REPRESENTATIVE STUTES responded that HB 259 should be more
expansive than numbered highways in Alaska.
1:59:53 PM
CO-CHAIR WOOL pointed out that the definition Representative
Claman previously read for "highway" in [AS 11.81] addresses
ferries and considers a "highway" as any road leading up to the
AMHS but the definition does not necessarily apply to vehicles
being transported on the marine vessel itself. Thus, the bill
restrictions would apply to drivers driving a vehicle on the
road to the ferry; however, it would not apply to the vehicle
while it was being transported via a ferry traveling at 12
knots, since the risk of an uncovered load would be minimal. He
also suggested the committee may wish to strike a balance
between "highways" and "every road," perhaps applying to types
of roads that are somewhat in the middle.
2:00:30 PM
REPRESENTATIVE STUTES reiterated that the definitions for
"highway" could be fine-tuned in the House Judiciary Standing
Committee.
2:00:46 PM
REPRESENTATIVE DRUMMOND said she hoped that HB 259 would protect
motorists [from unsecured loads] on every road in the state,
including Main Street in Juneau, as well as the Walter J. Hickel
[Parkway] in Anchorage.
REPRESENTATIVE STUTES answered that would be the intent.
2:01:12 PM
REPRESENTATIVE EASTMAN asked for the liability a driver
currently incurs if debris from a vehicle with an unconfined
load caused serious injury to another person.
MR. GRUENING answered that under current law, it would be an
infraction, which is a traffic violation subject to a maximum
$300 fine. He acknowledged that vehicle drivers with unsecured
loads that injure parties could potentially violate other laws;
however, it would depend on factors, such as whether the driver
acted with criminal intent or whether the crime of "reckless
driving" applied.
2:02:14 PM
REPRESENTATIVE EASTMAN asked whether the driver in that
situation would be subject to civil liability.
MR. GRUENING answered yes; that civil recourse is available in
almost all cases.
2:02:40 PM
CO-CHAIR WOOL recapped that the committee determined the
definition of "highway" was more broadly defined by statute than
was initially intended by the sponsor. The committee, including
the bill sponsor, agreed that the next committee of referral
should narrow the definition of "highway" such that it would not
encompass every road but would apply to more roads than numbered
roadways in Alaska.
2:03:16 PM
CO-CHAIR WOOL, after first determining no one further wished to
testify, closed public testimony on HB 259.
2:03:42 PM
REPRESENTATIVE STUTES moved to report the proposed committee
substitute (CS) for HB 259, labeled 30-LS0917\I, Martin, 2/5/18,
[Version I] out of committee with individual recommendations and
the accompanying fiscal notes.
[The motion was left on the table.]
The committee took an at-ease from 2:03 p.m. to 2:04 p.m.
2:04:07 PM
REPRESENTATIVE STUTES restated her previous motion.
Representative Stutes moved to report the proposed committee
substitute (CS) for HB 259, Version I, labeled 30-LS0917\I,
Martin, 2/5/18, out of committee with individual recommendations
and the accompanying fiscal note.
Representative Eastman objected.
2:05:22 PM
REPRESENTATIVE EASTMAN acknowledged that it was unique that
several committee members also serve on the House Judiciary
Standing Committee, which is the next committee of referral;
however, he said he prefers to modify a bill to improve it,
rather than to pass it on to another committee.
2:05:47 PM
A roll call vote was taken. Representatives Wool, Claman,
Drummond, Kopp, Stutes voted in favor of moving the proposed
committee substitute (CS) for HB 259, labeled 30-LS0917\I,
Martin, 2/5/18 from the committee. Representative Eastman voted
against it. Therefore, the CSHB 259(TRA) was reported out of
the House Transportation Standing Committee by a vote of 5-1.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB 259 ver I 2.5.18.PDF |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |
| HB 259 Explanation of Changes ver I 2.7.18.PDF |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |
| HB 259 Fiscal Note-DOT 2.5.18.pdf |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |
| HB 259 ver T Sponsor Statement.pdf |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |
| HB 259 ver T Sectional Analysis.pdf |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |
| HB 259 ver T.PDF |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |
| HB259 Additional Document-Leg. Research Report.pdf |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |
| HB259-Supporting Document-Governor's Proclamation-Secure Your Load Day.pdf |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |
| HB259-Supporting Document-Municipality of Anchorage Proclamation.pdf |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |
| HB259-Supporting Document-Unsecured Load Incident Articles.pdf |
HTRA 2/8/2018 1:00:00 PM |
HB 259 |