03/09/2017 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB1 | |
| HB82 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 82 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 1 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 9, 2017
3:03 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chris Tuck
Representative Adam Wool
Representative Chris Birch
Representative DeLena Johnson
Representative Gary Knopp
MEMBERS ABSENT
Representative Andy Josephson (alternate)
Representative Chuck Kopp (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 1
"An Act relating to absentee voting, voting, and voter
registration; relating to early voting locations at which
persons may vote absentee ballots; and providing for an
effective date."
- HEARD & HELD
HOUSE BILL NO. 82
"An Act relating to vehicle registration; relating to off-road
system restricted noncommercial drivers' licenses; relating to
off-highway commercial drivers' licenses; relating to off-road
system eligible areas; and relating to motor vehicle liability
insurance."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 1
SHORT TITLE: ELECTION REGISTRATION AND VOTING
SPONSOR(s): REPRESENTATIVE(s) TUCK
01/18/17 (H) PREFILE RELEASED 1/9/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) STA, JUD
02/23/17 (H) STA AT 3:00 PM GRUENBERG 120
02/23/17 (H) Heard & Held
02/23/17 (H) MINUTE(STA)
02/28/17 (H) STA AT 3:00 PM GRUENBERG 120
02/28/17 (H) Heard & Held
02/28/17 (H) MINUTE(STA)
03/07/17 (H) STA AT 3:00 PM GRUENBERG 120
03/07/17 (H) Heard & Held
03/07/17 (H) MINUTE(STA)
03/09/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 82
SHORT TITLE: RESTRICTED OFF HWY DRIVER'S LICENSE
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS
01/25/17 (H) READ THE FIRST TIME - REFERRALS
01/25/17 (H) STA, TRA
02/02/17 (H) STA AT 3:00 PM GRUENBERG 120
02/02/17 (H) Scheduled but Not Heard
02/23/17 (H) STA AT 3:00 PM GRUENBERG 120
02/23/17 (H) <Bill Hearing Canceled>
02/28/17 (H) STA AT 3:00 PM GRUENBERG 120
02/28/17 (H) Heard & Held
02/28/17 (H) MINUTE(STA)
03/09/17 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
KENDRA KLOSTER, Staff
Representative Chris Tuck
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information on HB 1 on behalf of
Representative Tuck, prime sponsor.
LAURI WILSON, Elections Supervisor
Southeast Region
Division of Elections (DOE)
Office of the Lieutenant Governor
POSITION STATEMENT: Answered questions during the hearing on HB
1.
BERETT WILBER, Staff
Representative Kreiss-Tomkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information on HB 82 on behalf of
Representative Kreiss-Tomkins, prime sponsor, with the use of a
PowerPoint presentation.
MARLA THOMPSON, Director
Division of Motor Vehicles (DMV)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
82.
CASSIDI LITTLE
Seldovia, Alaska
POSITION STATEMENT: Testified in support of HB 82.
DAVID EPSTEIN, Regional Traffic Engineer
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
82.
ACTION NARRATIVE
3:03:03 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:03 p.m.
Representatives Tuck, Wool, Birch, Johnson, Knopp, and Kreiss-
Tomkins were present at the call to order. Representative
LeDoux arrived as the meeting was in progress.
HB 1-ELECTION REGISTRATION AND VOTING
3:03:48 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 1, "An Act relating to absentee voting,
voting, and voter registration; relating to early voting
locations at which persons may vote absentee ballots; and
providing for an effective date."
3:04:13 PM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, on behalf of Representative Tuck, prime sponsor of
HB 1, informed the committee that a forthcoming committee
substitute (CS) would amend HB 1 as follows: update outdated
election statutes; make changes to the same-day voter
registration process; provide clarification on questioned
absentee-in-person early vote and the process for voting by
electronic transmission; and improve the electronic signature
definition.
3:05:34 PM
REPRESENTATIVE KNOPP pointed out a discrepancy in statute
regarding voting age. He referred to Section 1 of HB 1 [page 1,
lines 6-8], which states that a person may vote at any election
who is 18 years of age or older, and Section 2 of HB 1 [page 2,
lines 11-12], which requires a declaration that the applicant
will be 18 years of age or older within 90 days after the date
of registration. He asserted that there exists a loophole
allowing a person to vote before age 18 and suggested that
language be added stating that a person must be age 18 prior to
Election Day.
REPRESENTATIVE TUCK responded that Section 1 refers to voter
qualification and stipulates that regardless of when the voter
registers prior to turning 18 years of age, his/her ballot will
not count unless he/she is age 18 or older. He said that
someone not yet age 18 who tries to vote would not be on the
voter register, thus would have to fill out a questioned ballot.
He stated that not being 18 years of age is a disqualification
for being allowed to vote. He added that the provisions in
Section 2 are for an applicant.
REPRESENTATIVE KNOPP requested that Section 2 be reviewed to
ensure that there would be no loophole allowing someone under
age 18 to register and vote.
3:08:42 PM
REPRESENTATIVE LEDOUX, in response to Representative Knopp's
concern, stated that she thinks the voter registration
application requires an applicant to certify that he/she will be
18 years of age by Election Day.
REPRESENTATIVE KNOPP conceded that may be the case but mentioned
that the voter registration card does not show date of birth or
age, so could not be used to verify age for the election
official.
3:10:09 PM
LAURI WILSON, Elections Supervisor, Southeast Region, Division
of Elections (DOE), Office of the Lieutenant Governor, explained
that if a voter registers within 90 days of his/her birthdate,
he/she must be 18 years of age to vote. If the voter registers
and receives a voter registration card but hasn't turned 18
years of age, he/she is not eligible to vote, and his/her name
is not on the precinct register. If the voter's name is not on
the register, he/she must vote a questioned ballot, which would
be reviewed, and a determination made that he/she was not
eligible to vote. Therefore, the ballot would not be counted.
She added that same would occur if he/she voted absentee: the
absentee ballot would be reviewed, and it would be determined
that the individual was not yet 18 years of age, therefore not
eligible to vote.
REPRESENTATIVE KNOPP asked for clarification that a person
cannot be added to the voter register until he/she is 18 years
of age, regardless of when he/she applied.
MS. WILSON answered that is correct. For any voter not eligible
to vote, the DOE system is designed not to add his/her name to
the precinct register.
3:12:10 PM
REPRESENTATIVE TUCK commented that under HB 1, same-day voter
registration ballots would be reviewed just as is currently done
with early in-person absentee voting ballots. He added that
since it has been a long time since the election statutes have
been updated, HB 1 offers conforming language for changes to
voter registration across all voting options: electronic
voting, voting by mail, in-person absentee voting, special needs
voting, and voting by fax.
CHAIR KREISS-TOMKINS announced that HB 1 would be held over.
HB 82-RESTRICTED OFF HWY DRIVER'S LICENSE
3:14:20 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 82, "An Act relating to vehicle
registration; relating to off-road system restricted
noncommercial drivers' licenses; relating to off-highway
commercial drivers' licenses; relating to off-road system
eligible areas; and relating to motor vehicle liability
insurance."
3:14:49 PM
BERETT WILBER, Staff, Representative Kreiss-Tomkins, Alaska
State Legislature, on behalf of Representative Kreiss-Tomkins,
prime sponsor of HB 82, provided information by way of a
PowerPoint presentation, titled "HB 82: Off-Highway Driver's
Licenses." She referred to Slide 2, titled "What is an OHDL?"
and stated that the off-highway driver's license (OHDL) was
designed for communities that are not on the road system and do
not have access to Division of Motor Vehicles (DMV) offices. In
these communities, driver's licenses cannot be obtained locally.
She said that the OHDL program, which allows these residents to
obtain driver's licenses through the mail, has been operating
for more than 30 years in Alaska in 294 communities. She added
that currently there are 1,120 Alaskans who are eligible to
drive with OHDLs.
MS. WILBER stated that the OHDL is a real driver's license; a
written test is required, but the road test is waived. The OHDL
is only valid in off-highway communities. It functions as a
provisional license on the road system, requiring the OHDL-
licensed driver to be accompanied by a regularly-licensed
driver, who is 21 years of age or older.
3:17:32 PM
REPRESENTATIVE BIRCH asked if a community accessible by the
Alaska Marine Highway System (AMHS) would be on the list of off-
highway communities.
MS. WILBER answered that DMV formerly considered ferry access to
be "highway access" and excluded those communities from the list
of Off-highway communities. She stated there is a discrepancy
between the statutes and the regulations, which would be
addressed through the proposed legislation.
3:19:06 PM
MS. WILBER clarified for Representative Knopp that any OHDL,
regardless of the age of the driver, functions as a provisional
license on the road system.
3:19:36 PM
REPRESENTATIVE WOOL asked if someone with an OHDL would have to
have car insurance when on the road system.
MS. WILBER responded that the insurance and registration
exemption is not linked to the license, but to the off-highway
communities. She explained that a person with an OHDL is exempt
from registration and insurance when driving in an off-highway
community. If driving on the road system, that person must have
registration and insurance.
3:20:53 PM
MS. WILBER referred to Slide 3, titled "294 off-highway
communities," to point out the 294 off-highway communities.
MS. WILBER referred to Slide 4, titled "Why do we care?" and
provided background information on the proposed legislation.
She relayed that in 2012, some constituents of Angoon contacted
Representative Kreiss-Tomkins's office concerning this issue.
Angoon is a predominantly Native village in Southeast Alaska,
not on the road system but accessible by the AMHS. She related
that for decades, residents of Angoon had qualified for OHDLs,
and they suddenly found out that they were no longer eligible.
MS. WILBER referred to Slide 5, titled "They were confused and
frustrated," to highlight the many testimonials from Angoon
residents: asking for the reinstatement of OHDLs; citing the
expense, inconvenience, and amount of time required to travel to
Juneau for a driver's license; and asking why Angoon was no
longer classified as an off-highway community, when nothing had
changed.
3:22:24 PM
MS. WILBER referred to Slide 6, titled "Regulatory History!" and
stated that staff reviewed the regulatory history of OHDLs to
determine why some communities were no longer eligible. She
related that from 1984 to 2006, DMV had been operating the OHDL
program informally. Starting in 2006, in an effort to formalize
regulations, DMV drafted regulations stipulating that for a
community to qualify for the OHDL program, it may not be
connected to the road system or have access to a DMV office that
offers road testing. She attested that the proposed legislation
is an attempt to reinstate those 2006 regulations. She went on
to say that in 2011, a new regulation went into effect offering
OHDL eligibility only to communities not connected to the "land-
connected state highway system" and having no access to a DMV
office offering road testing. She said that DMV then
interpreted access to a DMV office to include ferry access. She
reiterated that the expense, inconvenience, and unfairness to
those residents of communities with only ferry access to a DMV
office is what prompted the proposed legislation.
3:24:36 PM
REPRESENTATIVE JOHNSON asked if the change in 2011 was
regulatory or statutory and if repealing "something" was the
remedy.
MS. WILBER replied that initially staff worked with DMV to try
to change DMV's interpretation of the regulation. When that
failed, legislation was introduced as the only opportunity
available to make the necessary changes.
3:26:16 PM
REPRESENTATIVE LEDOUX asked for confirmation of her
understanding of the problem: At one time, Angoon was covered
by the OHDL exemption. Angoon did not change, and the regulation
did not change, but the interpretation of the regulation
changed.
MS. WILBER answered that the regulation did change in 2011. She
stated that she did not know if the change in regulation caused
DMV to interpret the word "access" differently or if DMV's
interpretation changed independently.
REPRESENTATIVE JOHNSON commented that she understood the thought
process that would lead DMV to consider the AMHS as "highway
access" but agreed that it created an impractical situation.
3:28:33 PM
REPRESENTATIVE WOOL referred to Seldovia, one of the communities
that would be considered an OHDL community under HB 82, and
mentioned that it is a short ferry ride to the mainland, and
over a thousand cars travel to Seldovia during the summer. He
suggested that perhaps Seldovia should not be exempt from
vehicle registration and insurance.
REPRESENTATIVE WOOL pointed out that the AMHS functions as a
highway to many communities. He went on to say that it is on
this basis that these communities justify their funding requests
for support of their highway, just as the state's land-based
communities request funding support for their highways.
3:30:00 PM
MS. WILBER referred to Slide 7, titled "JKT office gets in touch
with the DMV." She relayed that in early 2014, Representative
Kreiss-Tomkins's staff contacted DMV to explore the possibility
of reinterpreting the regulation that determined communities'
eligibility as an OHDL community based on "access." She added
that staff also noted that the regulation was being applied
inconsistently: the AMHS communities of Angoon, Hoonah, and
Kake had been removed from the list of OHDL-eligible
communities, yet other AMHS communities had not been removed.
She related that in late 2014, DMV proposed new regulations to
address the inconsistency by adding "traffic count" as a
criterion for OHDL eligibility. Under the new regulations, any
community with an average daily traffic (ADT) count of over 499
was not OHDL eligible. She said that since Angoon, Kake, and
Hoonah had ADT counts of over 499, they were removed from the
eligibility list. She said that in comparing the traffic counts
of these communities with other OHDL-eligible communities of
greater population, such as Sand Point, staff learned that no
traffic counts had been performed in those communities;
therefore, they were not excluded from the eligibility list.
3:32:28 PM
REPRESENTATIVE WOOL asked who determines which communities have
a traffic count performed and how difficult it is to perform
one.
MS. WILBER relayed that recently she learned from the Department
of Transportation & Public Facilities (DOT&PF) that traffic
counts have been performed in many of the rural communities
since the '90s.
MS. WILBER moved on to Slide 8, titled "Hello, HB 82," and
stated that the intent of HB 82 is to return to the practices
and regulations of the program as it was in 2006. She opined
that "traffic count" is arbitrary and changeable; it is an
inconsistent regulatory measure; and it is a poor metric for
determining a community's off-highway status. She added that
the proposed legislation would eliminate traffic count as a
determinant for OHDL eligibility.
3:35:41 PM
REPRESENTATIVE WOOL asked why, if Angoon had a traffic count of
433, it was ineligible for OHDL.
MS. WILBER responded that in 2013, Angoon had a traffic count of
915, therefore was no longer eligible for OHDL and was removed
from the list of eligibility. She said that for a community to
qualify for eligibility, it must be on the list of off-highway
communities referenced in statute, and traffic count is one of
the criteria for being on that list. She added that if a
subsequent traffic count is below the 499 threshold, such as in
the case of Angoon, there is no systematic data transfer between
DOT&PF and DMV to update the list based on the new data. She
stated that Angoon should be eligible for OHDL based on the
latest traffic count; however, it is not, because it has not yet
been added back onto the list of eligible communities.
3:37:57 PM
REPRESENTATIVE KNOPP asked at what frequency the list is
updated.
3:38:22 PM
MARLA THOMPSON, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), responded that DMV intends
to update the list once per year according to a specific policy
and procedure. She said that in the past, the list has been
updated in response to a community's request.
REPRESENTATIVE KNOPP asked Ms. Thompson if she is aware of any
formal policy for reviewing the list of off-highway communities.
MS. THOMPSON answered that she is not aware of a policy but will
research it.
3:39:21 PM
REPRESENTATIVE LEDOUX asked why Seldovia is not included among
the 294 off-highway communities listed on Slide 3.
MS. WILBER clarified that the list is of the communities
currently exempt from vehicle registration and insurance. She
added that under HB 82, the five communities - Hyder, Seldovia,
Angoon, Kake, and Hoonah - would be added to this list.
REPRESENTATIVE LEDOUX asked why Ouzinkie is on the current list.
MS. THOMPSON answered that she would have to look at a city
individually to know if its eligibility is based on traffic
count or being an off-highway community.
REPRESENTATIVE LEDOUX mentioned that Ouzinkie is on the AMHS.
MS. THOMPSON expressed her understanding that a community
connected to the AMHS does not qualify for OHDL.
REPRESENTATIVE LEDOUX asked if any community that is connected
to the AMHS does not qualify for OHDL.
MS. WILBER responded that it was the inconsistencies in the list
of off-highway communities that led to introduction of the
proposed legislation. She added that the inclusion of Ouzinkie
on the list, which is an AMHS community, is one such
inconsistency.
REPRESENTATIVE LEDOUX asked if access to the AMHS is or isn't a
criterion for inclusion on the list.
MS. THOMPSON replied that she did not know and would provide
that information to the committee.
3:43:52 PM
MS. WILBER referred to Slide 9, titled "What should matter?"
She stated that the OHDL program has been very useful for rural
communities, and the intent of HB 82 is to restore the old
system of using common sense to determine a community's
eligibility for OHDL. She relayed that under the proposed
legislation, there would be two questions to answer to determine
eligibility. The first is: Is your community off the road
system? The second is: Do you have a DMV? If the answer to
the first question is yes and the answer to the second question
is no, then the community should qualify for OHDL. She opined
that if one cannot drive to a DMV office, there is no real way
for that person to obtain a driver's license, and he/she should
be eligible for an OHDL through the mail.
3:45:17 PM
REPRESENTATIVE WOOL offered that a Seldovia resident could take
his/her car to Homer and obtain a driver's license. He
suggested that the traffic count number, 499, might be
arbitrary, but the level of traffic in a community does have
some bearing on the likelihood of traffic accidents. He
referred to Slide 10, titled "Metrics," and mentioned that
Seldovia has 255 people and over 700 registered vehicles,
therefore it may be an outlier in the discussion.
MS. WILBER replied that she has a slide dedicated to information
on Seldovia and will address the question when she presents that
slide. She referred to Slide 10, which shows a selection of
seven currently eligible off-highway communities - Sand Point,
Hooper Bay, Gustavus, Togiak, Unalakleet, King Cove, and
Metlakatla. She mentioned that they were chosen because they
were some of the largest off-highway communities and were
distributed geographically. She pointed out in the slide the
five communities that would be eligible under HB 82 - Hoonah,
Kake, Angoon, Seldovia, and Hyder.
MS. WILBER directed the committee's attention to the column on
Slide 10 showing the percentage of population having OHDLs for
each of the eligible off-highway communities and stated that the
percentages were fairly small - less than 10 percent. She
suggested that eligibility for OHDLs does not result in a
significant number of people having those licenses. The vast
majority of people still choose to obtain regular licenses and
to register their vehicles. She further stated that in applying
an average of the percentages to the populations of the five
communities that would become eligible under HB 82, staff was
able to estimate the number of OHDLs that could be expected in
the newly eligible communities. These numbers are shown in the
last column, titled "applied avg of OHDLs."
3:50:09 PM
REPRESENTATIVE WOOL restated that for OHDL-eligible communities,
no more than 10 percent of the population get OHDLs. He added
that he would like to see the percentages of the populations of
these communities having regular driver's licenses. He referred
to the statistics regarding Gustavus, a population of 442 with
489 registered vehicles. He suggested that since registered
vehicles represent regularly licensed drivers, it is not very
inconvenient for Gustavus residents to obtain regular driver's
licenses.
MS. WILBER reiterated that the proposed legislation would not
likely result in significantly more OHDLs, as many people in
rural communities prefer regular licenses because of the
convenience. She asserted that the intent of HB 82 is to
provide the option of OHDL, which has historically existed for
people in communities such as Hoonah, Kake, and Angoon, and she
stated that this option is what the people in these communities
want. She emphasized the expense and inconvenience for someone
to travel to a larger city to obtain a license, just to be able
to drive in his/her own community.
CHAIR KREISS-TOMKINS maintained that most people obtain regular
licenses because they want to drive in other cities. He
asserted that only a small, select portion of the OHDL-eligible
community chooses to obtain OHDLs, and they do so because of
unique circumstances: they are young people age 18 and younger
or elders not wishing to leave the community.
3:53:50 PM
REPRESENTATIVE LEDOUX asked for clarification of "Applied
average of OHDLs" in Slide 10.
MS. WILBER explained that the numbers in that column are a
projection. Staff averaged the percentages of the population
with OHDLs in currently eligible communities and applied that
average to the populations of the communities that would be
eligible under HB 82. She stated that this illustrates the
number of OHDLs that are expected under the proposed
legislation.
3:55:09 PM
REPRESENTATIVE BIRCH asked if Nome has a DMV office and added
that he did not see it listed on the DMV website.
MS. WILBER answered yes.
REPRESENTATIVE BIRCH asked whether Nome would qualify for OHDL,
if there was no DMV office in that community.
MS. WILBER replied affirmatively and added that if the DMV
office in Nome closed, DMV would have a year to implement an
alternative, such as fly personnel in to administer road tests
or set up a commission agent relationship with the city.
MS. THOMPSON responded that there is a DMV office in Nome, and
it is listed on the DMV website along with the hours of
operation.
3:56:43 PM
REPRESENTATIVE KNOPP asked if the DMV office in Nome is a state
office or an office under contract.
MS. THOMPSON answered that it is a state office.
REPRESENTATIVE KNOPP asked if the DMV office in Tok is a
contract office.
MS. THOMPSON responded that the Tok office is state but is
operated with public lands information.
REPRESENTATIVE KNOPP mentioned that years ago the office in Tok
was a contract DMV. He asked for an explanation of a DMV office
"operated with public lands information."
MS. THOMPSON explained that the person in the Tok office is a
DMV employee, whom DMV shares with another office. She added
that in some of the smaller communities, a commission agent or a
part-time DMV employee is used.
3:58:06 PM
MS. WILBER referred to a list on the right side of Slide 10 to
point out that there are communities with AMHS access that are
currently eligible for OHDLs.
MS. WILBER referred to Slide 11, titled "Other committee
questions," and recited question one: "How many people are
eligible for driver's licenses in these communities and don't
have them?" She said that it is impossible to count people who
are unlicensed. She said that staff estimated the number [of
people eligible for, but not having, driver's licenses] by
subtracting the number of currently licensed drivers from the
total population of each community. These estimates are listed
on Slide 10 as follows: Hoonah, 195; Kake, 268; Angoon, 240;
Seldovia, -163 (0); and Hyder, 13.
3:59:38 PM
MS. WILBER confirmed for Representative Wool that the numbers
used for the calculation come from Slide 10.
REPRESENTATIVE TUCK offered that the total community population
may include those not old enough to obtain driver's licenses.
MS. WILBER confirmed that she did not adjust the population to
exclude those underage but used the largest number possible as a
liberal approach to estimating the numbers.
MS. WILBER went on to question two: "How many cars are
currently registered in Angoon, Hoonah, Kake, Seldovia, and
Hyder?" She said that using aggregate data from Slide 10, there
are 1,834 cars currently registered in the five communities,
1,565 regularly licensed drivers, and a total combined
population of 2,118.
MS. WILBER stated question three: "Of all the communities with
DMVs, what's the community that has the lowest 'highest ADT'?"
She said that Anderson's highest ADT count was the lowest at
340.
4:01:40 PM
REPRESENTATIVE WOOL pointed out that the answer to question two,
which states that there are 1,565 regular licenses among a
population of 2,118, suggests that nearly everyone of driving
age in the five communities has regular licenses.
MS. WILBER answered that currently the five communities -
Angoon, Hoonah, Kake, Seldovia, and Hyder - are not eligible for
OHDL. She added that Angoon, Hoonah, and Kake have been
ineligible since 2011.
4:02:41 PM
REPRESENTATIVE LEDOUX asked if Anderson, with a population of
246 people, has its own DMV.
MS. WILBER answered yes.
REPRESENTATIVE LEDOUX asked if Anderson serves a large area that
includes other communities.
REPRESENTATIVE WOOL said that it does. He mentioned that
Anderson's service area includes Nanana, Healy, Denali National
Park and Preserve, and a school.
MS. THOMPSON explained that the City of Anderson is a contract
agent for DMV to provide services.
4:04:05 PM
REPRESENTATIVE JOHNSON asked why more cities weren't contract
agents.
MS. THOMPSON responded that DMV would very much support having
more business partners and city-operated contract agents. She
added that DMV is looking for better ways to serve these areas.
4:04:53 PM
REPRESENTATIVE LEDOUX asked who pays for the contract agent.
MS. THOMPSON responded that DMV pays an agent under a contract,
and the agent keeps a percentage of the funds generated. She
mentioned that 30 percent of the driver's license fee and 100
percent of the road test fee is retained by the agent. She
asserted that this relationship represents an effective and
inexpensive way for the state to serve the smaller communities.
4:05:48 PM
REPRESENTATIVE KNOPP asked if there are DMV services in the
communities of Eagle and Chicken.
MS. THOMPSON answered that there are no DMV services in Eagle
and Chicken, but DMV is open to finding contacts in those two
communities to establish services through the contract agent
program.
4:06:36 PM
REPRESENTATIVE LEDOUX asked why a community such as Seldovia
does not have a contract agent.
MS. THOMPSON reiterated that she believes in the practice of
providing DMV services through business partner relationships
and contract agents and will "reach out" to Seldovia to find a
business partner or commission agent.
4:07:30 PM
REPRESENTATIVE JOHNSON suggested that since Seldovia has a
police officer, it makes sense that the city would provide DMV
services as well.
REPRESENTATIVE TUCK offered that since Chicken and Eagle are not
organized cities, a business partnership or contract agent would
be a good option for providing DMV services. He suggested that
Anderson's proximity to Denali National Park and Preserve
creates a great demand for bus licenses, whereas Seldovia does
not have that demand. He added that Seldovia's high ADT count
is most likely due to summer tourism creating a swell in
population, like what happens in Juneau.
4:09:00 PM
MS. WILBER referred to Slide 12, titled "How many cars go to
Seldovia?" She maintained that HB 82 was introduced because of
the belief that relying on ferry travel to obtain a driver's
license is not as easy or as cheap as having road access to a
DMV office, and the additional cost is prohibitive; therefore,
Angoon, Kake, Hoonah, and Seldovia should be allowed to qualify
for the OHDL program. She added that there are communities with
ferry access that do qualify. She attested that the concern
regarding a person with an OHDL bringing his/her car to a city
such as Juneau or Anchorage and driving illegally has not been a
significant health and safety issue for DOT&PF, DMV, or the
Department of Public Safety (DPS).
MS. WILBER referred to the number of vehicles that disembarked
from the AMHS to Seldovia in 2013, 2014, and 2015, shown on
Slide 12, and stated that the three-year average was 1,124. She
compared that number with the averages listed for the OHDL-
eligible communities of Port Lions, which is 404, and Gustavus,
which is 1,503, and with the average listed for the OHDL-
ineligible community of Kodiak, which is 4,258.
MS. WILBER referred to the concern brought forth during the
House State Affairs Standing Committee meeting of 2/28/17
regarding urban drivers driving in off-highway communities,
where liability insurance policies are not required. She said
that under HB 82, there would be no change to that practice
occurring, and it is not considered a risk either by
Representative Kreiss-Tomkins's staff or the state agencies with
which they have been in contact.
4:12:51 PM
REPRESENTATIVE KNOPP stated that his question was about people
disembarking in Seldovia with a fully insured, licensed vehicle
and getting in an accident with someone who is driving with an
OHDL and has no vehicle insurance. He maintained that most
automobile insurance policies include an uninsured motorist
coverage provision, which would cover this situation.
REPRESENTATIVE KNOPP further stated that the year-round
population of Seldovia, which is about 300 people, triples in
the summer months. He mentioned that the ferry ride from
Seldovia to Homer is about 30 minutes and is a common commute
for residents. He speculated that most residents of Seldovia
have regular driver's licenses, because they travel to the
mainland so frequently.
4:14:45 PM
MS. WILBER referred to Slide 13, titled "Thanks," and thanked
those people who provided assistance on the proposed
legislation.
4:15:38 PM
REPRESENTATIVE WOOL mentioned that the premise of HB 82 is that
it is an unfair burden for people not on the road system to
travel to a DMV for a driver's license. He made the point that
Gustavus, with a population 442, has 479 regular licenses, so it
cannot be that hard for them to obtain a regular license. He
added that Gustavus is a community that is eligible for OHDLs,
and there are only 13 of them.
4:17:40 PM
CASSIDI LITTLE, Seldovia, Alaska, testified that although the
road system is accessible via ferry, boat, and airplane, many
year-round residents do not want to travel out of town; they
feel comfortable and secure staying in Seldovia. She maintained
that OHDLs would give these people the option of driving short
distances, such as picking up their mail from the post office.
She relayed that Seldovia has one mile of paved road with the
majority of the 18-mile road system being dirt or gravel. She
maintained that Seldovia offers a very simple driving
environment: no traffic lights; no multi-lane highways; only
two yield signs; and typical driving speeds of 20 MPH in town
and 35 MPH outside of town. She said that she knows people in
Seldovia who choose not to get a driver's license, because they
never leave Seldovia. She asserted that most people in Seldovia
have regular driver's licenses, and many do drive in other
larger Alaskan cities. She maintained that a small percentage
of residents do not consider obtaining a driver's license worth
the time and money.
MS. LITTLE stated that young people who wish to drive take a
written driving test in the city office. If they pass, they
travel to Homer to obtain a provisional license and take a road
test. She maintained that most of these young people have
difficulty passing the road test, and she said she believes that
is due to the extreme difference in road environments between
Homer and Seldovia. She further stated that she believes an
OHDL would be a "stepping stone" for these young people to gain
confidence and knowledge of driving. She asserted that having
this experience would make them better and safer drivers.
4:24:39 PM
REPRESENTATIVE JOHNSON asked if one can obtain a driver's permit
by mail.
MS. THOMPSON answered yes. She added that one can take the
knowledge test through the mail, which is a proctored test, and
an application can be obtained through the mail.
4:25:47 PM
REPRESENTATIVE WOOL asked for the length of time of the ferry
ride between Seldovia and Homer.
MS. LITTLE responded, "It's an hour and a half."
REPRESENTATIVE WOOL asked if the preliminary test that Ms.
Little mentioned was the test for a learner's permit.
MS. LITTLE answered yes.
REPRESENTATIVE WOOL offered that a young person getting a
learner's permit and driving in Seldovia with a licensed driver
to get experience was the purpose of a learner's permit. He
conceded that driving conditions varied between Seldovia and
Homer.
MS. LITTLE replied that Representative Wool was correct, but the
young person still would need to travel to Homer to obtain a
learner's permit.
4:28:00 PM
REPRESENTATIVE KNOPP asked what "triggers" traffic counts and
how long a traffic count period lasts.
4:28:35 PM
DAVID EPSTEIN, Regional Traffic Engineer, Division of Statewide
Design and Engineering Services, Department of Transportation &
Public Facilities (DOT&PF), explained that DOT&PF planning
personnel determine the locations for which traffic is measured.
He added that every year DOT&PF personnel visit communities and
collect traffic counts for a period of seven days. He relayed
that the best definition of ADT can be found in the 1965 Highway
Capacity Manual. He stated that ADT is the total volume during
a given period in whole days greater than one day and less than
one year divided by the number of days in that period. He
explained that DOT&PF gathers seven days of traffic data, which
is seasonally adjusted to determine the ADT figure.
REPRESENTATIVE KNOPP suggested that ADTs are performed primarily
for road maintenance and construction planning purposes and not
for the DMV application being discussed.
MR. EPSTEIN responded that the principal use of ADT data is for
DOT&PF design engineers to establish thickness of pavement cross
sections.
4:31:03 PM
REPRESENTATIVE WOOL referred to Slide 8 and mentioned that in
2013, Angoon had a traffic count of 915, and in 2015, it was
433. He suggested that there was an obvious seasonal variation.
He commented that the traffic count variations certainly
affected the current statutes on OHDL and asked how DOT&PF
factored in these variations for decisions on pavement
thickness.
MR. EPSTEIN replied that in the case of Angoon, DOT&PF collects
four traffic counts and two of them are on the principle road,
Killisno Road. The count for one segment was 915 and the count
for the other segment was 433.
REPRESENTATIVE WOOL offered that the traffic counts are for
planning and design purposes for a road, and DMV is interested
in a community wide count. He asked how a yearly average is
determined considering the different counts from different
segments of road and seasonal variations.
MR. EPSTEIN responded that the traffic counts are adjusted by
using data from continuous count stations (CCS). He stated that
DOT&PF can keep track of seasonal fluctuations in volume and use
the continuous count data to apply seasonal correction to data
collected in the summer.
4:33:54 PM
REPRESENTATIVE KNOPP asked for clarification of the traffic
count numbers for Angoon - 915 and 433. He asked if they are on
two different segments of the same road and for two different
years.
MR. EPSTEIN answered that the traffic counts are for the same
year, same time. He explained that the traffic count of 915 is
the one done on the heavily used segment of road going to the
seaplane base, and the traffic count of 433 is the one done on
the much longer segment of road going to the ferry. He added
that roads are divided into segments for traffic counts.
REPRESENTATIVE KNOPP asked if these numbers are ADT counts based
on multiple days.
MR. EPSTEIN answered yes, the data was collected from both
segments of road, and seasonal adjustment factors were applied
to the data from the two counts. He added that the ADT on the
segment closest to town was 915 vehicles per day.
REPRESENTATIVE KNOPP asked for clarification of the sentence on
Slide 8, which states that in 2013, Angoon had a traffic count
of 915 and was deemed not eligible for OHDL but in 2015, the
traffic count was 433. He said the counts were from two
separate years.
MR. EPSTEIN confirmed that 915 is the count from one segment of
road and 433 is the count from the other segment of road.
4:36:15 PM
REPRESENTATIVE WOOL asked what traffic count number DOT&PF would
ascribe to Angoon for OHDL eligibility, given the traffic counts
from two segments of the same road.
MR. EPSTEIN conceded that as an engineer, his main concern is
the integrity of the data, not applying traffic count for OHDL
eligibility.
4:37:02 PM
REPRESENTATIVE KNOPP commented that Angoon appears to be
ineligible for OHDL because of the traffic count of 915 and
asked why the traffic count of 433 wasn't taken into
consideration.
MS. WILBER answered that each community with different highway
segments has a different traffic count for each segment each
time a traffic count is performed. She added that DMV has used
the highest traffic count in a community to determine a
community's eligibility for OHDL. If the count is over 499,
then the community is not eligible. She mentioned that she
would follow up on the inconsistency between the information on
Slide 8 and the testimony by Mr. Epstein.
REPRESENTATIVE KNOPP asked whether DMV considers the usage of a
road when it bases eligibility on the highest traffic count for
a segment of road.
MS. WILBER answered yes.
4:39:57 PM
REPRESENTATIVE WOOL asked if performing traffic counts is
difficult, expensive, or complicated. He mentioned that traffic
counts are not performed in all communities.
MR. EPSTEIN replied that his region is Southcoast Region, which
is small and does not have many communities. He said two years
ago, Kodiak, the Alaska Peninsula and Aleutian Islands, King
Salmon, and Iliamna were annexed to this region. He added that
DOT&PF personnel traveled to Kodiak and King Salmon and that the
King Salmon trip was very expensive at a cost of $10,000. He
maintained that northern and central Alaska have scores of
small, remote communities, and it would be prohibitively
expensive to visit them. He said that he does not know how
traffic is estimated in those communities, but he offered that
it is done using CCS data.
REPRESENTATIVE WOOL asked what the traffic count is in Kodiak.
MR. EPSTEIN responded that Kodiak has roads with much higher
traffic counts than Killisno Road in Angoon but also has low-
volume roads as well.
4:42:45 PM
REPRESENTATIVE LEDOUX asked why DOT&PF did a traffic count in
Kodiak, as it has a DMV office, has a population of 15,000, and
the traffic count would be high.
MR. EPSTEIN explained that the region for which he is an
engineer was reconfigured two years ago, and Kodiak was added to
the region's jurisdiction; therefore, DOT&PF had the
responsibility to count traffic in Kodiak.
REPRESENTATIVE LEDOUX clarified that her question was, "For what
reason ... are you counting traffic in Kodiak?"
MR. EPSTEIN explained that is it part of DOT&PF's obligation to
the Federal Highway Administration to count traffic on
federally-funded roads, and the data is used for good design on
road projects.
REPRESENTATIVE KNOPP added that the data is used for road
construction and maintenance.
4:45:33 PM
REPRESENTATIVE TUCK mentioned that he has installed many highway
traffic recorders (HTRs) and asked if DOT&PF designs them.
MR. EPSTEIN replied that the new term for HTR is CCS and that
DOT&PF personnel apply already existing design standards.
REPRESENTATIVE TUCK added that the recorders detect the number
of axles, distance between axles, and speed and weight of
vehicles.
[HB 82 was held over.]
4:47:03 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:47
p.m.
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