03/04/2003 01:42 PM House TRA

HB 124-COMMERCIAL MOTOR VEHICLE DRIVERS/EMPLOYER                                                                              
                                                                                                                                
CO-CHAIR MASEK announced  that the first order  of business would                                                               
be  HOUSE BILL  NO. 124,  "An  Act relating  to commercial  motor                                                               
vehicle  drivers  and  their employers  and  to  railroad-highway                                                               
grade crossings; and providing for an effective date."                                                                          
                                                                                                                                
Number 0065                                                                                                                     
                                                                                                                                
TODD  LARKIN,  Staff to  Representative  Jim  Holm, Alaska  State                                                               
Legislature,  presented  the  sponsor  statement for  HB  124  on                                                               
behalf of  Representative Holm,  sponsor.  He  said the  bill was                                                               
relatively straightforward.   The  administration had  noticed an                                                               
oversight  in state  statute that  would possibly  result in  the                                                               
loss of federal highway funding.   He explained that basically an                                                               
employer of  a commercial driver  could be punished if  there was                                                               
encouragement to  break this new aspect  of the law.   Also, if a                                                               
driver was  to break this  new aspect  of the law,  that person's                                                               
license  could be  suspended  for 60  days.   He  said this  bill                                                               
addressed a  simple correction  that would  bring the  state into                                                               
compliance  with the  federal code.   He  stated that  with those                                                               
changes,  the state  would match  the existing  federal code  and                                                               
would remain qualified for federal  highway funding.  He said the                                                               
fiscal notes received from three  departments were all zero.  Mr.                                                               
Larkin said that stopping at  railroad-highway grade crossings is                                                               
already  taught   to  drivers   of  certain   classifications  of                                                               
vehicles.  He said that according  to federal code, it is illegal                                                               
to roll  through those same  grade crossings, but  technically it                                                               
has not  been illegal to do  so according to Alaska  statue; this                                                               
bill fixes that discrepancy.                                                                                                    
                                                                                                                                
REPRESENTATIVE  HEINZE  agreed  that   this  bill  was  seemingly                                                               
straightforward.                                                                                                                
                                                                                                                                
Number 0272                                                                                                                     
                                                                                                                                
CO-CHAIR  HOLM, sponsor,  referred to  the fiscal  note from  the                                                               
Division   of  Measurement   Standards  and   Commercial  Vehicle                                                               
Enforcement, noting  that the sanction  would withhold  5 percent                                                               
of  the state's  annual federal  surface transportation  funding,                                                               
which is  approximately $17.5 million a  year.  He said  that, in                                                               
essence,  this  legislation  conforms   to  the  Federal  Highway                                                               
Administration's Federal Motor Carrier Safety laws.                                                                             
                                                                                                                                
Number 0339                                                                                                                     
                                                                                                                                
AVES D.  THOMPSON, Director, Division of  Measurement Standards &                                                               
Commercial  Vehicle Enforcement,  Department of  Transportation &                                                               
Public Facilities (DOT&PF),  said he was available  to answer any                                                               
questions, and that DOT&PF is very supportive of this bill.                                                                     
                                                                                                                                
CO-CHAIR MASEK inquired as to  whether there has been any trouble                                                               
with people  stopping at  railroad crossings.   She said  she has                                                               
noticed school  buses, tour  buses, and  double-tanker commercial                                                               
trucks  stopping  at  crossings,  and asked  who  else  might  be                                                               
affected by this bill.                                                                                                          
                                                                                                                                
Number 0403                                                                                                                     
                                                                                                                                
RALPH  REYES, Lieutenant,  Division of  Operations, Alaska  State                                                               
Troopers, Department of Public Safety,  said he has been with the                                                               
troopers for  21 1/2 years,  and has not personally  cited anyone                                                               
for  this violation.   He  said the  Department of  Public Safety                                                               
supports this bill 100 percent.                                                                                                 
                                                                                                                                
MR. LARKIN pointed out that  driver training is such that drivers                                                               
in  the state  have already  acquired  the habit  of stopping  at                                                               
railroad-highway grade crossings.  He  said he doesn't think that                                                               
drivers  or  trucking associations  would  be  against this  bill                                                               
since drivers in the state do  not violate this infraction on any                                                               
regular basis.                                                                                                                  
                                                                                                                                
Number 0523                                                                                                                     
                                                                                                                                
CO-CHAIR   MASEK  noted   that   Barbara   Huff  Tuckness,   with                                                               
Legislative  and Governmental  Affairs for  the Teamsters  [Local                                                               
959], was in the audience and  seemed to be in agreement with the                                                               
stated  testimony.   She  confirmed that  Ms.  Huff Tuckness  was                                                               
attending the meeting just to listen.                                                                                           
                                                                                                                                
CO-CHAIR MASEK,  after asking if  anyone else wanted  to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
The committee took a brief at-ease from 1:47 to 1:49 p.m.                                                                       
                                                                                                                                
Number 0585                                                                                                                     
                                                                                                                                
CO-CHAIR  HOLM moved  to  report  HB 124  out  of committee  with                                                               
individual  recommendations and  attached  fiscal  notes.   There                                                               
being  no  objection,   HB  124  was  reported   from  the  House                                                               
Transportation Standing Committee.