04/15/2003 01:40 PM Senate TRA

        HB 124-COMMERCIAL MOTOR VEHICLE DRIVERS/EMPLOYER                                                                    
                                                                                                                                
MR.  TODD LARKIN,  staff to  Representative Holm,  sponsor of  HB
, gave the following overview of the measure.                                                                                
                                                                                                                                
     HB 124 seems  to us a pretty simple  bill. It basically                                                                    
     addresses a  gap in state statute  that was threatening                                                                    
     the loss of some of  our highway funds. Apparently when                                                                    
     you train for  a CDL, they teach you  if you're driving                                                                    
     certain kinds of commercial vehicles,  you need to stop                                                                    
     at  all railroad  crossings, run  your flashers,  check                                                                    
     and go - check for a  train and go. In the federal code                                                                    
     it states  that also, but apparently  in Alaska statute                                                                    
     it just doesn't. So, the  governor's office noticed the                                                                    
     oversight and we carried it  through the Governor.  Our                                                                    
     research confirmed  the same  thing. It turns  out that                                                                    
     some highway  funds are  in jeopardy if  we are  not in                                                                    
     compliance  with  that  federal  code so  this  is  the                                                                    
     minimum necessary to get us into compliance.                                                                               
                                                                                                                                
SENATOR OLSON  asked whether the Alaska  Trucking Association had                                                               
any input on this bill.                                                                                                         
                                                                                                                                
MR.  LARKIN said  that Representative  Holm received  no negative                                                               
comments   from   the   Teamsters  Union   or   Alaska   Trucking                                                               
Association. He  noted the lobbyist that  represents the trucking                                                               
and shipping industry said they are comfortable with the bill.                                                                  
                                                                                                                                
CHAIR COWDERY affirmed that he received the same information.                                                                   
                                                                                                                                
MR. LARKIN said the Department of  Law (DOL) said the training in                                                               
Alaska is so good that the  Department of Public Safety (DPS) has                                                               
not handed out a citation for this offense in 12 years.                                                                         
                                                                                                                                
SENATOR OLSON  asked if the  truck drivers and truck  owners have                                                               
weighed in positively on this legislation.                                                                                      
                                                                                                                                
MR. LARKIN affirmed they had and  said this legislation has had a                                                               
lot of exposure.                                                                                                                
                                                                                                                                
SENATOR WAGONER asked if this  legislation would pertain to every                                                               
commercially operated  vehicle driven by  someone with a  CDL. He                                                               
questioned whether it would cover FedEx drivers.                                                                                
                                                                                                                                
MR. LARKIN  said the language  in the bill purposely  refers back                                                               
to the federal code that specifies whom this applies to.                                                                        
                                                                                                                                
CHAIR  COWDERY proposed  an  amendment  to page  2,  line 27,  to                                                               
insert the word "knowingly" between "(8)" and "operating".                                                                      
                                                                                                                                
MR.  LARKIN said  he  had  not spoken  with  anyone  from DPS  to                                                               
determine  whether  that  language  change  would  make  it  more                                                               
difficult to  issue citations. He  said that  Representative Holm                                                               
is not opposed  to the amendment but requests that  it is made in                                                               
a conceptual  format so  that the legal  drafter could  take that                                                               
concern into consideration.                                                                                                     
                                                                                                                                
CHAIR  COWDERY  said that  was  his  intention and  that  without                                                               
objection, the amendment was adopted.                                                                                           
                                                                                                                                
SENATOR WAGONER motioned  to pass SCS HB  124(TRA) from committee                                                               
with individual recommendations and attached fiscal note.                                                                       
                                                                                                                                
CHAIR  COWDERY  announced  that  without  objection,  the  motion                                                               
carried. He adjourned the meeting at 1:47 p.m.