Legislature(2011 - 2012)BUTROVICH 205
03/29/2012 09:00 AM Senate STATE AFFAIRS
Audio | Topic |
---|---|
Start | |
SB206 | |
HB316 | |
HB271 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | SB 206 | TELECONFERENCED | |
+ | HB 316 | TELECONFERENCED | |
+ | HB 271 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 271-COMMERCIAL MOTOR VEHICLE REQUIREMENTS 9:59:55 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 271, which changes the definition of commercial vehicles. REPRESENTATIVE WES KELLER, sponsor of HB 271, introduced the bill. He related that the bill changes the definition of commercial vehicles to adapt to the new and better vehicles of today. It modernizes the law and reduces regulation on small businesses and owners of commercial vehicles. JIM POUND, staff, Representative Wes Keller, summarized HB 271. He said that the bill would make doing business in Alaska a little easier and less costly. Transporting goods in pickup trucks and step vans is typically done by small business owners in Alaska. Those vehicles are currently classified as commercial vehicles. HB 271 will increase gross vehicle weight restrictions from the current 10,000 pounds to 14,000 pounds. Today's light- to-medium trucks are larger than when the original language in the law was written in 1999. He gave an example of where a small business owner, currently classified as commercial, would run into problems under the current language with additional costs such as insurance, registration, inspections, and the cost of a medical exam for the vehicle operator. Change in the weight allocation makes the average one-ton pickup truck non-commercial. He noted that the same rules apply for pilot vehicles. Many younger Alaskans are looking to get into the trucking industry and this bill would give them an opportunity to operate a more efficient one-ton vehicle as a pilot vehicle. 10:02:24 AM CHAIR WIELECHOWSKI requested an explanation of the technical changes. MR. POUND reported that Section 1 deals with regulations in statutes in conjunction with federal law. CHAIR WIELECHOWSKI asked about page 1, lines 8-10, and the purpose for removing regulations that are necessary to avoid loss or withholding of federal highway money. DAN BREEDEN, Director, Division of Measurement Standards & Commercial Vehicle Enforcement, Department of Transportation, provided information related to HB 271. He explained that the removal of that language is to prevent the loss of federal highway funding and to make regulations that would withstand court challenges. CHAIR WIELECHOWSKI asked what was being amended. MR. BREEDEN clarified that the language was not clear and was challenged in court. The intent is to avoid the loss of federal highway funding. SENATOR PASKVAN asked if the intent is to prevent Alaska from being potentially at risk for loss of federal highway funds. MR. BREEDEN said it was a moot point. CHAIR WIELECHOWSKI summarized that the current statute says that the state can only adopt regulations regarding size, weight, and load provisions, and adopting those regulations might cause the state to lose federal highway funding. MR. BREEDEN replied that some interpret it that way. CHAIR WIELECHOWSKI restated that HB 271 would change that and give the state more flexibility in allowing the state to adopt regulations regarding size, weight, and load provisions that may or may not affect federal highway funds. MR. BREEDEN said yes. CHAIR WIELECHOWSKI requested clarification of Section 2. 10:07:00 AM MR. POUND explained that on page 1, line 14, the words "for commercial purposes" were added to clarify that it was for commercial motor vehicles. On page 2, line 7, the words "is used in the transportation of materials found by the United States Secretary of Transportation to be hazardous for purposes of 49 U.S.C 5101 - 5128" were deleted. CHAIR WIELECHOWSKI asked why the change on page 1, line 14, was necessary. MR. POUND explained that it clarifies that the vehicles are specifically being used for commercial purposes. CHAIR WIELECHOWSKI asked why that was important. MR. BREEDEN explained that there were vehicles that were not being used in commerce that are being forced to be regulated when they would not need to be. CHAIR WIELECHOWSKI asked for the practical implication of that change. MR. BREEDEN clarified if a person is not in commerce, then their vehicle should not be considered a commercial vehicle. SENATOR PASKVAN asked why the word "intrastate" is used if it is referring to commerce. He suggested it should be "intrastate" and "interstate". MR. BREEDEN said bill would only affect intrastate vehicles, because the definition of interstate commerce is still 10,000 pounds. SENATOR PASKVAN pointed out that it was meaningless to limit it to intrastate. He reiterated that commercial purposes include interstate commerce. MR. BREEDEN said the Federal Motor Carriers Safety Administration (FMCSA) has a clear definition of the difference between "intrastate" and "interstate". This legislation would affect intrastate vehicles only because of vehicle weight standards. 10:09:57 AM CHAIR WIELECHOWSKI agreed with Senator Paskvan's point. He pointed out that Supreme Court has a very broad definition of "interstate", which is any commercial transaction that has been deemed by the Supreme Court to be an "interstate" transaction. He suggested having an attorney from Legislative Legal address the issue. MR. POUND continued to explain changes in Section 2. On page 2, line 7, language was deleted because it is redundant with federal law. That same change is also made on page 3, in Section 3. CHAIR WIELECHOWSKI asked for the rationale behind removing the words, "is used in the transportation of materials found by the United States Secretary of Transportation to be hazardous for purposes of 49 U.S.C 5101 - 5128." MR. BREEDEN related that all hazardous material operations are under federal law already. CHAIR WIELECHOWSKI asked why the words were included in bill in the first place. MR. BREEDEN thought it was due to a lack of understanding. CHAIR WIELECHOWSKI inquired about the addition of the word "motor" on page 2, line 12. MR. POUND said it was a technical change. CHAIR WIELECHOWSKI asked about the change on page 2, line 20, the deletion of the word "recreational." MR. POUND explained that it was a reference to motor homes which are not commercial vehicles. CHAIR WIELECHOWSKI asked for the definition of recreational vehicles. MR. BREEDEN said that the definition of recreational vehicles lies with the Division of Motor vehicles and they are exempt from all things associated with commercial motor vehicles. CHAIR WIELECHOWSKI asked for a practical implication for removing recreational vehicles from Section 3. MR. BREEDEN clarified that the reason is simply to exempt recreational vehicles from the requirements of commercial vehicles. CHAIR WIELECHOWSKI inquired if recreational vehicle owners are currently required to pay commercial fees. MR. BREEDEN explained that they were considered a commercial vehicle when used for deliveries, but three years ago the FMCSA clarified language making recreational vehicles exempt from commercial regulations. 10:14:19 AM CHAIR WIELECHOWSKI asked if it would result in recreational vehicle owners not having to buy insurance. MR. BREEDEN said the removal of the language was further clarification to remove recreational vehicles from any commercial arena. CHAIR WIELECHOWSKI asked if there was any practical change. MR. BREEDEN said no. MR. POUND referred to Section 3 as "the meat of the bill." It adds words to distinguish between vehicles greater than 10,000 pounds used for interstate commerce and vehicles greater than 14,000 pounds used for intrastate commerce in order to show the separation of the two classes of vehicles. SENATOR MEYER said he appreciated the list of classes of vehicles which are not commercial vehicles. He asked if Class 3 trucks would also be exempted. MR. POUND said Class 3 trucks would be exempted up to 14,000 pounds. SENATOR MEYER gave an example of a plumber who would need a Ford 450 truck weighing 16,000 pounds in order to do business. MR. POUND thought it would be rated as a commercial vehicle. SENATOR MEYER suggested that the limit be raised to 16,000 pounds for non-commercial vehicles. MR. POUND noted that the legislation was based on considering one-ton trucks and doolies. REPRESENTATIVE KELLER added that he followed the recommendations of the Alaska Trucking Association when drafting the legislation. 10:17:53 AM SENATOR MEYER wondered how difficult it is to obtain a DOT number. MR. BREEDEN replied that the process of getting a U.S. DOT number for intrastate use is easy to do on line or in person. The difference between an interstate and intrastate number is $300, with the forms being the same. CHAIR WIELECHOWSKI asked Mr. Pound if there were any other changes in Section 3. MR. POUND responded that redundant language was removed. MR. BREEDEN stated support for HB 271. 10:19:34 AM SCOTT HICKS, Vice President-Operations, Alaska West Express, and Vice President, Alaska Trucking Association (ATA), testified in support of HB 271. He related that a legislative priority of ATA's was to change the definition of intrastate commercial vehicle to reduce the regulatory burden on small businesses. He justified the need to change motor vehicle weight requirements. He talked about the current requirements for pilot vehicles, which would be changed for the better by the legislation. He urged the committee to act favorably on the bill. 10:22:32 AM CHAIR WIELECHOWSKI noted that someone from the Department of Law could address a previous question on the bill. ANMEI GOLDSMITH, Assistant Attorney General, Transportation Section, Department of Law, answered questions related to HB 271. She addressed the issue of intrastate versus interstate commerce. She referred to a case that found that commerce that happens within a state affects commerce that happens across state boundaries; therefore, Congress can regulate intrastate commerce. She explained that statutes that cover commercial motor vehicles make a distinction between interstate commerce and intrastate commerce. Congress says that interstate commerce will be regulated by federal law, but intrastate commerce will not be governed by federal law. The State of Alaska can regulate intrastate commercial motor vehicles. SENATOR PASKVAN asked if HB 271 would create a conflict with federal law for vehicles between 10,000 and 14,000 pounds. MS. GOLDSMITH said the intent of the bill is to raise the gross vehicle weight for vehicles used only for intrastate commercial business, so she did not think so. SENATOR PASKVAN asked what the lower weight limit is. 10:27:51 AM MS. GOLDSMITH said she would have to double check weight regulations. MR. BREEDEN responded that federal regulations allow states to regulate vehicles under 26,000 pounds. CHAIR WIELECHOWSKI asked if anything in the bill could result in Alaska losing federal highway money. MR. BREEDEN said he did not know. CHAIR WIELECHOWSKI asked if the bill deletes statutory language regarding commercial licenses for vehicles carrying hazardous materials. MR. BREEDEN said no. All hazardous material laws would apply regardless of the size of the vehicle. 10:30:12 AM CHAIR WIELECHOWSKI said HB 271 would be held in committee.
Document Name | Date/Time | Subjects |
---|---|---|
SB 206 Full Text.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 Sponsor Statement.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 Sectional Analysis.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB206-DNR-MLW-03-23-12.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 IMCC Back-Up - What We Do.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 - Memo of Understanding.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 IMCC Back-Up - Background.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 Support Document-AMA Letter.PDF |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 IMCC Back-Up - Member States.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 IMCC Back-Up - Welcome.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
1- HB0316 ver I- Bill.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
2- HB 316 - Sponsor Statement.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
QA on HB316 memo.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
HB316-Fiscal Note-DMVA-MVA-CO-02-13-12.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
HB316-DOR-AHFC-02-10-12.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
HB316-DCCED-AIDEA-02-10-12.pdf |
SSTA 3/29/2012 9:00:00 AM |
HB 316 |
HB316-DCCED-AIDEA-02-28-12.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
7- HB 316- Rep Saddler Testimony.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
HB0316A.pdf |
SSTA 3/29/2012 9:00:00 AM |
HB 316 |
HB316 Sectional Analysis.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
CSHB 271 (TRA).pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
CSHB 271 Fiscal.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
CSHB 271(TRA) H. Floor amend 1.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
CSHB0271-1-2-022212-ADM-N.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
CSHB271 Support Renovators.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
Hb 271 Ak Truck support.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB 271 Fed Standard CMV.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB 271 NFIB Support.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
Hb 271 Norcom Operations.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB 271 Norcom.pdf |
SSTA 3/29/2012 9:00:00 AM |
HB 271 |
Hb 271 St. John support.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB 271 Vehicle classes.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HHB 271 Support enstar.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB271 AGC Letter.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB0271A.PDF |
SSTA 3/29/2012 9:00:00 AM |
HB 271 |
HB 271 SPONSOR.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB271-DOA-DMV-2-17-12 (3).pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |