Legislature(2013 - 2014)BARNES 124

03/20/2014 01:00 PM House TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 378 DRIVER LICENSING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 371 STATE LAND AND MATERIALS TELECONFERENCED
Moved CSHB 371(TRA) Out of Committee
                    HB 378-DRIVER LICENSING                                                                                 
                                                                                                                                
2:12:55 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON announced that  the final order of business would                                                               
be  HOUSE  BILL  NO.  378,  "An Act  relating  to  motor  vehicle                                                               
registration;   relating  to   drivers'  licenses;   relating  to                                                               
instruction permits;  relating to  commercial motor  vehicles and                                                               
commercial motor carriers; and providing for an effective date."                                                                
                                                                                                                                
2:13:11 PM                                                                                                                    
                                                                                                                                
REBECCA ROONEY, Staff, Representative  Peggy Wilson, Alaska State                                                               
Legislature,  on  behalf  of the  House  Transportation  Standing                                                               
Committee,  Representative  Wilson,  Chair, stated  that  HB  378                                                               
would  add   additional  safety   related  improvements   to  the                                                               
commercial  permitting  requirements  in  order  to  comply  with                                                               
federal  mandates.   The improvements  would include  raising the                                                               
minimum  age  to  obtain  a  commercial  driver's  license  (CDL)                                                               
learner's permit  from 17 to 18  years of age.   Additionally, it                                                               
would limit the period of  the CDL learner's permit validity time                                                               
from two  years to 180 days  with an opportunity to  renew for an                                                               
additional 180  days.  She  offered her  belief that HB  378 will                                                               
make the highways  safer by allowing the DMV the  right to refuse                                                               
to register  a motor  carrier that does  not meet  federal safety                                                               
requirements.  Further, a CDL  permit will be disqualified in the                                                               
same manner as a license if the driver is operating while non-                                                                  
compliant with  federal safety regulations,  is operating  out of                                                               
service,  or  has been  convicted  of  manslaughter or  negligent                                                               
homicide  resulting  from driving  a  motor  vehicle or  for  the                                                               
commission of  a felony using a  motor vehicle.  Under  the bill,                                                               
texting  while  driving  will be  considered  a  serious  traffic                                                               
violation, which  could result in  a CDL operator  losing his/her                                                               
license or permit for a period of time.                                                                                         
                                                                                                                                
2:15:15 PM                                                                                                                    
                                                                                                                                
MS. ROONEY  advised that if  parts of  this bill are  not passed,                                                               
Alaska will be out of  compliance with federal regulations.  Non-                                                               
compliance could  result in  the federal  government decertifying                                                               
Alaska's  CDL program,  which could  jeopardize Alaska's  federal                                                               
highway funding.   She related that based  on 2014 apportionments                                                               
DOT&PF  reports it  could  mean  a $34  million  loss of  federal                                                               
funding.    Additional  language  would  also  clarify  that  the                                                               
registration  fees charged  for vehicles  over 10,000  pounds for                                                               
personal  use  have  the  same   rates  as  commercial  vehicles.                                                               
Although the bill  does not change the current  fee schedules, it                                                               
emphasizes  that  all  vehicles   over  10,000  pounds  will  pay                                                               
commercial fee rates for registration.                                                                                          
                                                                                                                                
2:16:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  suggested  that texting  while  operating                                                               
commercial  vehicles  should  result in  CDL  license  revocation                                                               
since commercial drivers should be  held to a higher standard and                                                               
those drivers should not be texting.                                                                                            
                                                                                                                                
2:17:51 PM                                                                                                                    
                                                                                                                                
AMY  ERICKSON,  Director,  Division   of  Motor  Vehicles  (DMV),                                                               
Department  of   Administration  (DOA),  stated   she  personally                                                               
concurred with Representative Gattis.                                                                                           
                                                                                                                                
2:18:25 PM                                                                                                                    
                                                                                                                                
MS.  ERICKSON emphasized  the importance  to keep  the commercial                                                               
driver's licensing in  compliance.  She then  provided a section-                                                               
by-section analysis of HB 378.   Section 1 would give the DMV the                                                               
ability to refuse  to register a vehicle if the  owner has failed                                                               
to  comply with  federal reporting  requirements.   Currently the                                                               
DMV does  not have authority to  refuse to register a  vehicle if                                                               
it has been  placed out of service  and the DMV was  found out of                                                               
compliance  in this  area  by the  Federal  Motor Carrier  Safety                                                               
Administration (FMCSA).                                                                                                         
                                                                                                                                
MS.  ERICKSON  stated that  Section  2  would  allow the  DMV  to                                                               
suspend or revoke  a registration of a vehicle if  the carrier or                                                               
the  vehicle  has  been  placed  out of  service  by  the  FMCSA.                                                               
Section  3,   related  to  fees,   would  clarify   that  vehicle                                                               
registration for  residents 65  years and  older applies  only to                                                               
those  vehicles  under  10,000  pounds.   This  provision  is  in                                                               
statute, but the provision is reconfigured in the bill.                                                                         
                                                                                                                                
2:19:29 PM                                                                                                                    
                                                                                                                                
MS. ERICKSON  related that Section  4 would clarify the  fees for                                                               
vehicles for  non-commercial vehicle that weigh  less than 10,000                                                               
pounds do  not change.  Section  5 would establish the  free fees                                                               
except for low-speed  trucks, vans, or trailers are  based on the                                                               
vehicle's  weight.   As Ms.  Rooney  previously highlighted,  the                                                               
fees for  those vehicles  will now  be comparable  so all  of the                                                               
fees will  be based  on vehicle  weight if  they are  over 10,000                                                               
pounds.    This  change  stems from  complaints  the  Ombudsman's                                                               
office received  on fees on  vehicles over 10,000 pounds.   Since                                                               
the complainant's  vehicle was registered under  his/her personal                                                               
name,  the operator  objected  to paying  commercial  fees.   The                                                               
statutes  set  rates  for  vehicles  under  10,000  at  $100  and                                                               
vehicles over  10,000 at $268.   This section will make  it clear                                                               
the fee structure is based on weight.                                                                                           
                                                                                                                                
2:20:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  asked  whether the  farm  exemption  will                                                               
still apply.                                                                                                                    
                                                                                                                                
MS. ERICKSON answered this bill would not change farm vehicles.                                                                 
                                                                                                                                
CHAIR P.  WILSON offered her  belief that  it would make  it more                                                               
consistent for commercial vehicle enforcement, as well.                                                                         
                                                                                                                                
2:22:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  answered that last year  the legislature                                                               
passed a  provision that exempted  vehicles up to  14,500 pounds.                                                               
He asked for further clarification  on how this bill would affect                                                               
the exemption.                                                                                                                  
                                                                                                                                
MS. ERICKSON  clarified that that  the aforementioned  bill would                                                               
relate  to the  commercial vehicle  enforcement while  HB 378  is                                                               
limited only to fees.                                                                                                           
                                                                                                                                
REPRESENTATIVE  ISAACSON appreciated  this clarification,  but he                                                               
suggested that this might be  confusing for enforcement officers.                                                               
He  suggested  this  bill could  create  inconsistencies  in  the                                                               
vehicle forms.  He maintained his concern.                                                                                      
                                                                                                                                
2:23:20 PM                                                                                                                    
                                                                                                                                
DAN SMITH,  Director, Anchorage  Office, Division  of Measurement                                                               
Standards &  Commercial Vehicle Enforcement  (DMSCVE), Department                                                               
of  Transportation  &  Public Facilities  (DOT&PF),  stated  that                                                               
commercial   vehicle  enforcement   for  regulating   intra-state                                                               
vehicles  uses either  a  gross vehicle  weight  rating or  gross                                                               
combination weight rating.   This bill relates  to unladen weight                                                               
but  the commercial  enforcement is  based on  the gross  vehicle                                                               
weight rating as set by the manufacturer.                                                                                       
                                                                                                                                
2:24:08 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  asked whether  this bill  will cause  questions                                                               
with respect to enforcement.                                                                                                    
                                                                                                                                
MR. SMITH  responded that the vehicle  enforcement officers check                                                               
for valid  registration; however,  the division does  not enforce                                                               
the type of regulation the committee  is considering.  He did not                                                               
believe it will add any confusion for his enforcement officers.                                                                 
                                                                                                                                
2:24:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  expressed concern that the  14,500 pound                                                               
limit might pose  issues.  He wondered if  an enforcement officer                                                               
would  need  to consider  whether  any  violation exists  if  the                                                               
officer or  trooper pulls someone  over and discover  the vehicle                                                               
registration  is for  a  commercial vehicle.    For example,  the                                                               
officer  might notice  that  the driver  doesn't  have the  gross                                                               
vehicle weight posted or certain equipment affixed permanently.                                                                 
                                                                                                                                
MR.  SMITH related  that this  section  relates to  the fees  for                                                               
registration and  it will not  cause problems for  the commercial                                                               
vehicle  enforcement officer  or  others who  may  be trained  to                                                               
perform  commercial  vehicle  enforcement.    During  the  driver                                                               
interview,  the enforcement  officer  will be  interested in  the                                                               
origin, destination,  hazardous material,  size of the  load, and                                                               
weight  of  the  load.    Further,  the  officer  would  also  be                                                               
gathering  other facts,  such as  driver qualifications,  medical                                                               
fitness cards, and  proof of insurance.   Changes to registration                                                               
fees  would not  adversely affect  the interview  or dictate  the                                                               
outcome, he said.                                                                                                               
                                                                                                                                
2:27:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  asked whether the registration  shown to                                                               
the traffic officer  would identify the vehicle  as commercial or                                                               
if it will be generic.                                                                                                          
                                                                                                                                
MS. ERICKSON offered  her belief that the  registration fees will                                                               
appear  just like  any  regular vehicle  registration  form.   It                                                               
would list vehicle  registration fees at $100,  and motor vehicle                                                               
registration taxes (MVRT)  at $70, along with the  total of $170.                                                               
He did  not believe the  registration form  highlights commercial                                                               
fees, but just shows the registration fee amount.                                                                               
                                                                                                                                
REPRESENTATIVE ISAACSON offered to follow up later.                                                                             
                                                                                                                                
MS.  ERICKSON added  that this  provision is  DMV's policy.   The                                                               
division  has been  charging fees  for commercial  motor vehicles                                                               
over  10,000 pounds  since  1978.   The  division was  questioned                                                               
about the fees  by the ombudsman's office and  this bill attempts                                                               
to  make  specific  fees  clearer   for  the  public  since  some                                                               
complaints have been filed.                                                                                                     
                                                                                                                                
CHAIR P.  WILSON offered her  belief that the fee  schedule seems                                                               
clear to her.                                                                                                                   
                                                                                                                                
2:29:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  remarked  that  only  a  few  people  are                                                               
involved in farming in Alaska.   In her experience, farmers avoid                                                               
weigh  stations; however,  she was  aware of  vehicle enforcement                                                               
issues that  have arisen  when farmers  have hauled  fence pipes,                                                               
which are the same pipes that  drillers use.  She acknowledged it                                                               
can be  a difficult struggle to  differentiate between commercial                                                               
and  non-commercial carriers.    She said  that  farmers tend  to                                                               
carry the rules in their vehicle  glove boxes to help clarify the                                                               
laws  related  to  farming  for  weigh  station  officers.    She                                                               
remarked  that  Alaska isn't  a  huge  agricultural state.    She                                                               
pointed out  that it is tough  to train everyone on  small minute                                                               
rules.  She  hoped that last year's law will  not affect anything                                                               
beyond the fees.                                                                                                                
                                                                                                                                
MS. ERICKSON  continued with the section-by-section  review of HB
378.   She reported that  page 6 of Section  7, will add  the fee                                                               
structure into the  MVRT chart.  She related that  Section 8 will                                                               
clarify that  this applies to non-commercial  instruction permits                                                               
and  allows  a person  to  obtain  an  instruction permit  for  a                                                               
certain class  of license after  five years.  Currently,  the DMV                                                               
cannot revert back  to an instructional permit if  the person has                                                               
previously held that class of license.   For example, a woman who                                                               
suffered a  brain injury and held  a CDL license was  not able to                                                               
drive  for several  years during  her  recovery.   She needed  an                                                               
instructional permit to allow her  to practice, but the DMV could                                                               
not issue  the license.  This  section allows the DMV  to issue a                                                               
license for a  certain class of license, such as  a CDL, but also                                                               
allows the person  to obtain an instructional  permit to practice                                                               
for a  different class of  vehicle.   In response to  a question,                                                               
she  agreed  that the  DMV  would  be  allowed  to issue  a  non-                                                               
commercial  instructional permit  and the  person could  obtain a                                                               
renewal after five years has passed.                                                                                            
                                                                                                                                
2:33:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS related  a  scenario in  which an  injured                                                               
person had  previously held a license  since he/she was 16.   She                                                               
said the  person is now 45  years old but needs  an instructional                                                               
permit to practice to pass  the commercial driver's license test.                                                               
She was unsure where the five years fits in for renewal.                                                                        
                                                                                                                                
MS.  ERICKSON answered  that  currently a  person  cannot get  an                                                               
instructional permit  if he/she previously  held a license.   She                                                               
related the license  term is for five years.   Thus, licenses are                                                               
issued for  a five-year  period and the  renewal period  would be                                                               
for five years.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  GATTIS described  a  personal  scenario in  which                                                               
this provision would have been very helpful.                                                                                    
                                                                                                                                
2:35:00 PM                                                                                                                    
                                                                                                                                
MS. ERICKSON  related that  Section 9 was  added to  meet federal                                                               
compliance  and   will  require   an  applicant   for  commercial                                                               
instructional permit  to be 18  years of age  instead of 17.   It                                                               
would also modify the statute  for federal compliance by limiting                                                               
the validity of an instruction permit  to 180 days with a renewal                                                               
of 180 days, which was previously two years.                                                                                    
                                                                                                                                
2:35:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  referred to Section  8, noting a  person at                                                               
least 21  years old must accompany  the driver even though  it is                                                               
for  commercial   instruction.    He   did  not  see   a  similar                                                               
requirement for Section 9.                                                                                                      
                                                                                                                                
MS. ERICKSON  responded that this  is an omission that  will need                                                               
to be fixed in the bill.                                                                                                        
                                                                                                                                
CHAIR P.  WILSON indicated  she plans on  holding the  bill since                                                               
several provisions will need to be fixed.                                                                                       
                                                                                                                                
2:36:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  referred to  Section 9 that  reduces the                                                               
license  period  from two  years  to  180  days.   He  questioned                                                               
whether the person  obtaining the CDL will  acquire an experience                                                               
driving  in snow  since  he/she could  conceivably  not have  had                                                               
winter driving experience.  He  wondered how this would help keep                                                               
drivers and the public safer.                                                                                                   
                                                                                                                                
MS. ERICKSON was unsure of how  to respond.  She pointed out that                                                               
the  person  can renew  his/her  license  and thereby  holds  the                                                               
license for a full year.                                                                                                        
                                                                                                                                
REPRESENTATIVE  ISAACSON suggested  the person  could also  apply                                                               
for a CDL without renewing his/her instructional permit.                                                                        
                                                                                                                                
MS.  ERICKSON agreed,  but  if  the driver  passes  the CDL  test                                                               
he/she would be licensed and able to drive.                                                                                     
                                                                                                                                
REPRESENTATIVE ISAACSON  expressed the  concern that  this change                                                               
could set  up a situation that  might lead to more  accidents and                                                               
not  make  Alaska's  highways  safer.     In  the  aforementioned                                                               
scenario,  the  DMV will  not  be  able  to verify  the  person's                                                               
ability to  drive an "18 wheeler."   The person may  be qualified                                                               
to drive but may not been tested in snow or icy conditions.                                                                     
                                                                                                                                
CHAIR  P. WILSON  related her  understanding  that currently  the                                                               
potential driver  doesn't have to  have any  instructional permit                                                               
and this bill would add it.                                                                                                     
                                                                                                                                
MS. ERICKSON reiterated  the person has to be  a qualified driver                                                               
and must pass the driving test to become licensed.                                                                              
                                                                                                                                
2:39:02 PM                                                                                                                    
                                                                                                                                
CHAIR  P.  WILSON  suggested  that this  could  apply  to  anyone                                                               
seeking any driver's license.                                                                                                   
                                                                                                                                
REPRESENTATIVE ISAACSON  related his understanding that  the bill                                                               
increases  the provisional  license requirements  to 18  years of                                                               
age.  He wondered  if it was possible for a person  to have a CDL                                                               
and not be 18  years of age and only have  a learner's permit for                                                               
his/her personal license, which  seems inconsistent.  However, he                                                               
suggested  that   the  DMV  consider  requiring   winter  driving                                                               
experience.                                                                                                                     
                                                                                                                                
2:40:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE  asked  for further  clarification  on  the                                                               
minimum age for a CDL.                                                                                                          
                                                                                                                                
MS. ERICKSON answered that the  minimum age is 19 for intra-state                                                               
commerce and 21 years of age for inter-state commerce.                                                                          
                                                                                                                                
2:41:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  asked whether  the prior  rule was  for two                                                               
years, but the federal government  is setting the standard at 180                                                               
days.                                                                                                                           
                                                                                                                                
MS. ERICKSON  answered that she does  not know the logic  for the                                                               
change since this pertains to federal law.                                                                                      
                                                                                                                                
2:41:31 PM                                                                                                                    
                                                                                                                                
MS.  ERICKSON related  that  Section  10 will  allow  the DMV  to                                                               
disqualify  a commercial  driver who  is a  permit holder  in the                                                               
same manner as if the driver  held a commercial license.  Section                                                               
11 would  add provisions to  comply with federal  regulations and                                                               
makes operating  a vehicle  that has been  placed out  of service                                                               
subject to civil penalties.  Section  12 would add texting to the                                                               
list of  serious traffic violations  for which a driver  could be                                                               
disqualified.   Section 13 would define  commercial motor carrier                                                               
and Section 14 would establishment  an effective date for federal                                                               
compliance  that will  take  effect  the day  after  the bill  is                                                               
signed  by the  governor.    Finally, Section  15  would set  the                                                               
effective date for the fees on January 1, 2015.                                                                                 
                                                                                                                                
REPRESENTATIVE GATTIS  remarked that  she would like  the sponsor                                                               
to consider a  stiffer fine for texting.  She  offered her belief                                                               
that a  commercial driver has  a higher obligation to  the public                                                               
to comply.                                                                                                                      
                                                                                                                                
REPRESENTATIVE FEIGE referred  to page 9, lines  10-11 of Section                                                               
11.  He  wondered what the language "in violation  of a railroad-                                                               
highway grade crossing" refers to in existing law.                                                                              
                                                                                                                                
MS. ERICKSON said she did not know.                                                                                             
                                                                                                                                
2:44:02 PM                                                                                                                    
                                                                                                                                
JOANNE  OLSEN, Division  Operations  Manager,  Division of  Motor                                                               
Vehicles  (DMV),  Department  of Administration,  responded  that                                                               
certain commercial vehicles are mandated  to stop at any railroad                                                               
crossing, such as school buses,  passenger buses, tour buses, and                                                               
vehicles hauling a certain amount of hazardous materials.                                                                       
                                                                                                                                
CHAIR P.  WILSON remarked that  she thinks it  is a good  idea to                                                               
have that provision in the law.                                                                                                 
                                                                                                                                
2:45:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE referred  to page 8, line 24  of Section 10.                                                               
He  asked  whether driving  after  being  placed out  of  service                                                               
refers to the person or the vehicle.                                                                                            
                                                                                                                                
CHAIR P. WILSON related her  understanding that it addresses this                                                               
in three separate  instances:  driving after being  placed out of                                                               
service, operating a commercial vehicle  that has been placed out                                                               
of  service, or  operating a  commercial vehicle  belonging to  a                                                               
commercial motor carrier that has been placed out of service.                                                                   
                                                                                                                                
MS.  ERICKSON answered  that it  would apply  to the  driver, the                                                               
vehicle, and  also the  carrier if  the commercial  motor vehicle                                                               
has been placed out of service.                                                                                                 
                                                                                                                                
MR. SMITH added  that the responsibility for  driving while being                                                               
placed out of service would fall on the operator of the vehicle.                                                                
                                                                                                                                
2:47:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE suggested  the language  is somewhat  vague                                                               
and could be clearer.                                                                                                           
                                                                                                                                
MR. SMITH  explained that a driver  may be placed out  of service                                                               
if he/she is  no longer able to  drive.  The driver  may tell the                                                               
officer  he/she is  not feeling  well or  is incapacitated.   The                                                               
vehicle may  be out  of service due  to the  vehicle's mechanical                                                               
condition, if  the load  is not property  secured, or  the driver                                                               
may   not   have   qualifications   to   operate   the   vehicle.                                                               
Additionally, the company  may be out of service  for incurring a                                                               
long  history  of  violations  such   as  employing  drivers  not                                                               
qualified  to  operate their  vehicles.    He advised  that  this                                                               
language attempts to cover all possible scenarios.                                                                              
                                                                                                                                
2:48:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  referred to the paragraph  (7), which read,                                                               
in part"...,  or operating  a commercial  vehicle belonging  to a                                                           
commercial   motor  carrier   that   has  been   placed  out   of                                                           
service...."   He  asked  how  the driver  would  know the  motor                                                           
carrier  was  placed out-of-state.  He  further  asked whether  a                                                               
requirement should require proof that the driver knows.                                                                         
                                                                                                                                
CHAIR P. WILSON remarked that is a good thought.                                                                                
                                                                                                                                
2:49:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON commented he  registered a vehicle on the                                                               
webpage and  it was very  simple.  He  wondered if this  seems to                                                               
"cave  in" to  federal requirements  since the  state could  lose                                                               
federal funds.   He asked for  the number of times  the state has                                                               
lost funds due to non-compliance.                                                                                               
                                                                                                                                
MS. ERICKSON  answered that  the department is  not aware  of any                                                               
instances.   She acknowledged  this was  a policy  discussion the                                                               
department  also held.   For  example, the  department considered                                                               
whether  these  regulations are  so  onerous  that the  state  is                                                               
willing to  face non-compliance  and a  loss of  federal funding.                                                               
She advised that the department  did not find the regulations too                                                               
onerous.                                                                                                                        
                                                                                                                                
2:51:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  related that the DMV's  regulations were                                                               
proposed in October 2013 with an  effective date of July 8, 2014;                                                               
however Section  15 has an  effective date  of January 2015.   He                                                               
then acknowledged some sections  have an immediate effective date                                                               
so he stands corrected.  He  suggested these must be the sections                                                               
related to federal compliance.                                                                                                  
                                                                                                                                
2:52:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON referred to page  2, line 19, which read,                                                               
"(12)  the applicant  is a  commercial  motor carrier  prohibited                                                           
from operating by  a federal agency."  He  expressed concern that                                                           
the federal government  would dictate intra-state transportation.                                                               
He  referred to  existing law  on page  1, line  6, of  Section 1                                                               
which read, "(a) The department  may refuse to register a vehicle                                                               
if ...."  Thus, the department  may refuse to register a vehicle.                                                               
He asked  whether the  agency has some  discretion on  whether to                                                               
register a  vehicle even if  the federal government  prohibits it                                                               
from operating.                                                                                                                 
                                                                                                                                
MS. ERICKSON  answered yes;  the language  reads "may"  refuse to                                                               
register a vehicle so the department has discretion.                                                                            
                                                                                                                                
REPRESENTATIVE  ISAACSON  referred  to  Section  2,  which  again                                                               
indicates that the department "may"  so it appears the department                                                               
has discretion  in that section.   He asked what would  happen if                                                               
the  DMV enabled  a  carrier  to operate  in  Alaska.   He  asked                                                               
whether the state  would be in violation of federal  law and risk                                                               
not receiving $34 million in federal funding.                                                                                   
                                                                                                                                
2:55:13 PM                                                                                                                    
                                                                                                                                
KATHLEEN   STRASBAUGH,  Attorney,   Legislative  Legal   Counsel,                                                               
Legislative Legal  Services, Legislative Affairs  Agency, offered                                                               
her belief that  federal road safety rules apply  in instances in                                                               
which federal funds  are used, which is often the  case for state                                                               
roads and  federal roads.   She anticipated  that the  person who                                                               
supervises  the application  for federal  funding would  be in  a                                                               
better position to  answer.  She thought that there  would be two                                                               
components  to  consider:   federal  inter-state  regulation  and                                                               
safety regulation  for roads involved  in inter-state  travel and                                                               
another provision of federal funding for Alaska's roads.                                                                        
                                                                                                                                
2:56:32 PM                                                                                                                    
                                                                                                                                
ANMEI  GOLDSMITH,  Assistant   Attorney  General,  Transportation                                                               
Section, Department  of Law, related  her understanding  in terms                                                               
of federal funding, that if  the state's statutes and regulations                                                               
are out  of compliance,  the state  stands a  chance of  losing a                                                               
portion of  the basic program funds.   This bill would  bring the                                                               
state into compliance; however, if  the state doesn't enforce it,                                                               
enforces it  badly, or makes a  few mistakes, it will  not likely                                                               
jeopardize  funding.    She  said  that  funding  would  only  be                                                               
jeopardized if the  state fails to pass the bill  and continue to                                                               
be out of compliance.                                                                                                           
                                                                                                                                
2:57:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON returned  to his  earlier concern  about                                                               
the commercial vehicle weight of  10,000 pounds.  Since this bill                                                               
uses the language "commercial vehicle"  throughout and includes a                                                               
vehicle of  10,000 pounds or  more of  unladen weight.   He asked                                                               
whether the state  is sure it is not categorizing  a vehicle that                                                               
is 10,000 pounds or more as a commercial vehicle.                                                                               
                                                                                                                                
MS.  ERICKSON answered  no.    She explained  that  this bill  is                                                               
strictly for the purpose of  fees.  She explained that commercial                                                               
vehicles  are  defined  for  enforcement  purposes  ranging  from                                                               
14,500 to 26,000 pounds.                                                                                                        
                                                                                                                                
2:58:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON  highlighted one  purpose of the  bill is                                                               
to make  Alaska's highways  safer.  He  asked how  many accidents                                                               
have happened  or a history  of accidents that  necessitate these                                                               
changes.                                                                                                                        
                                                                                                                                
MS. ERICKSON was not aware of any crash data.                                                                                   
                                                                                                                                
REPRESENTATIVE  ISAACSON suggested  it would  be helpful  to have                                                               
the crash data.                                                                                                                 
                                                                                                                                
CHAIR P.  WILSON remarked that  DMV will probably not  have crash                                                               
data and the committee may need to obtain it elsewhere.                                                                         
                                                                                                                                
2:59:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS asked whether the  bill will help to ensure                                                               
that  Alaska's law  conforms to  federal law  in order  to be  in                                                               
compliance and be eligible for federal funds.                                                                                   
                                                                                                                                
MS. ERICKSON  answered yes.   She said in  some ways it  is about                                                               
the federal  funds, but  it is also  about strengthening  the CDL                                                               
programs nationwide.   Alaska wants  to be consistent  with other                                                               
states' laws and requirements.                                                                                                  
                                                                                                                                
2:59:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS suggested  that  the state  is working  to                                                               
nationalize the CDL testing.                                                                                                    
                                                                                                                                
CHAIR P.  WILSON referred  to Section 1  and emphasized  that the                                                               
department  "may"  refuse to  register  a  vehicle under  certain                                                               
conditions.                                                                                                                     
                                                                                                                                
3:01:00 PM                                                                                                                    
                                                                                                                                
AVES THOMPSON,  Executive Director, Alaska  Trucking Association,                                                               
Inc. (ATA), stated  that the number one issue,  referring to line                                                               
19,  page 2,  which read,  "(12)  the applicant  is a  commercial                                                           
motor  carrier prohibited  from operating  by a  federal agency."                                                           
He  said that  federal agencies  can  only issue  out of  service                                                               
orders for interstate and cannot  issue out of service orders for                                                               
intra-state carrier  since the federal  agency does not  have any                                                               
jurisdiction.                                                                                                                   
                                                                                                                                
MR. THOMPSON referred to page 3, line 24, which read:                                                                           
                                                                                                                                
        (12 The owner or operator is a commercial motor                                                                     
     carrier prohibited from operating by a federal agency;                                                                 
     or                                                                                                                     
       (13) the commercial motor vehicle is subject to an                                                                   
       out-of-service order issued by a state or federal                                                                    
     agency.                                                                                                                
                                                                                                                                
MR.  THOMPSON asked  whether paragraph  (13)  speaks to  the                                                                    
commercial motor vehicle order issued  by a state or federal                                                                    
covers  intrastate  commerce  but  not the  owner  or  motor                                                                    
carrier.                                                                                                                        
                                                                                                                                
CHAIR  P.  WILSON  suggested  that   is  why  the  aforementioned                                                               
language reads "may."                                                                                                           
                                                                                                                                
3:03:38 PM                                                                                                                    
                                                                                                                                
MR.  THOMPSON referred  to page  7, to  proposed Section  9.   He                                                               
recalled that Representative Feige earlier  referred to a 21 year                                                               
old being  present in  the cab  while a  commercial instructional                                                               
permittee is  driving.  He said  the ATA agrees 100  percent with                                                               
this  provision.    He  recalled   on  page  8,  line  24,  again                                                               
Representative Feige  asked the question  of how the  driver will                                                               
know.   He respectfully requested  the committee  consider adding                                                               
"knowingly"  in  two  clauses to  clarify  the  driver's  intent.                                                               
First,  on page  9, paragraph  (7),  which would  read, in  part.                                                               
"...knowingly  driving after  being  placed out  of service"  and                                                           
"knowingly  operating   a  commercial  vehicle  belonging   to  a                                                           
commercial  motor carrier  that has  been placed  out of  service                                                           
...."   Finally, he  referred to  page 9, line  7, which  "or who                                                               
knowingly operates...."                                                                                                         
                                                                                                                                
MS. ERICKSON deferred to the Department of Law to respond.                                                                      
                                                                                                                                
3:05:43 PM                                                                                                                    
                                                                                                                                
MS. GOLDSMITH remarked that inserting  "knowingly" in those three                                                               
places  is  something  she  will think  about  and  discuss  with                                                               
enforcement.  She  said she really can't give  the legislature an                                                               
answer right  now.  However, she  can say that when  the vehicles                                                               
out of  service, the officer will  place a big orange  sticker on                                                               
the  windshield so  it is  pretty difficult  to not  know if  the                                                               
person is driving a vehicle that  has been placed out of service.                                                               
She offered to further consider the ATA's issue.                                                                                
                                                                                                                                
CHAIR P. WILSON wondered how difficult  it would be to remove the                                                               
sticker.                                                                                                                        
                                                                                                                                
MS. ERICKSON turned to the fee section  on page 4 of HB 378.  She                                                               
said a motor  home is listed [in paragraph (2)]  with fees set at                                                               
$100;  however, there  are some  motor  homes that  are used  for                                                               
commercial use.   She  suggested that  adding the  language, "not                                                               
used or maintained for the  transportation of persons or property                                                               
for hire or other commercial use."                                                                                              
                                                                                                                                
CHAIR P. WILSON remarked that  the committee would likely develop                                                               
a committee substitute.                                                                                                         
                                                                                                                                
3:07:57 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON, after first  determining no one else  wished to                                                               
testify, closed public testimony on HB 378.                                                                                     
                                                                                                                                
[HB 378 was held over.}                                                                                                         

Document Name Date/Time Subjects
HB 378 Sponsor Statement.pdf HTRA 3/20/2014 1:00:00 PM
HB 378
HB0378A.pdf HTRA 3/20/2014 1:00:00 PM
HB 378
HB 378 Sectional Analysis.pdf HTRA 3/20/2014 1:00:00 PM
HB 378
HB 371 Smith Letter 2 3-19-14.pdf HTRA 3/20/2014 1:00:00 PM
HB 371
HB_371 Mylius 3-19-14.pdf HTRA 3/20/2014 1:00:00 PM
HB 371
HB371_miliusmillessmith_response3-20-14.pdf HTRA 3/20/2014 1:00:00 PM
HB 371
HB 371 Support Johansen.msg HTRA 3/20/2014 1:00:00 PM
HB 371
HB 371Support M Miller.msg HTRA 3/20/2014 1:00:00 PM
HB 371