Legislature(2003 - 2004)
04/15/2003 01:40 PM Senate TRA
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ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
April 15, 2003
1:40 p.m.
MEMBERS PRESENT
Senator John Cowdery, Chair
Senator Thomas Wagoner, Vice Chair
Senator Donny Olson
Senator Gene Therriault
MEMBERS ABSENT
Senator Georgianna Lincoln
COMMITTEE CALENDAR
HOUSE BILL NO. 124
"An Act relating to commercial motor vehicle drivers and their
employers and to railroad-highway grade crossings; and providing
for an effective date."
MOVED SCS HB 124(TRA) OUT OF COMMITTEE
PREVIOUS ACTION
HB 124 - See Labor and Commerce minutes dated 3/27/03 and
4/3/03.
WITNESS REGISTER
Mr. Todd Larkin
Staff to Representative Holm
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented HB 124 for the sponsor
ACTION NARRATIVE
TAPE 03-15, SIDE A
CHAIR JOHN COWDERY called the Senate Transportation Standing
Committee meeting to order at 1:40 p.m. Senators Wagoner, Olson
and Chair Cowdery were present. Senator Therriault arrived
momentarily. The committee took up HB 124.
HB 124-COMMERCIAL MOTOR VEHICLE DRIVERS/EMPLOYER
MR. TODD LARKIN, staff to Representative Holm, sponsor of HB
124, 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.
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