SENATE TRANSPORTATION COMMITTEE March 2, 1993 3:32 p.m. MEMBERS PRESENT Senator Bert Sharp, Chairman Senator Randy Phillips, Vice Chairman Senator Tim Kelly Senator Georgianna Lincoln MEMBERS ABSENT Senator Jay Kerttula COMMITTEE CALENDAR HOUSE JOINT RESOLUTION NO. 25 Relating to implementation of the Aleutian Trade Act of 1990. SENATE CONCURRENT RESOLUTION NO. 2 Relating to certification of the Alaska State Legislature's opposition to requiring suspension of a driver's license for drug offenses. PREVIOUS SENATE COMMITTEE ACTION HJR 25 - No previous action to record. SCR 2 - No previous action to record. WITNESS REGISTER Representative Carl Moses Alaska State Legislature State Capitol Building, Room 204 Juneau, Alaska 99801 POSITION STATEMENT: Sponsor of HJR 25. Katie McHugh, Special Assistant Department of Transportation and Public Facilities 3132 Channel Drive Juneau, Alaska 99801-7898 POSITION STATEMENT: Answered questions on SCR 2. Keith Gerkin, Deputy Commissioner Department of Transportation and Public Facilities 3132 Channel Drive Juneau, Alaska 99801-7898 POSITION STATEMENT: Testified in support of SCR 2. Lorn Campbell, Executive Director Department of Public Safety Highway Safety Planning Agency P.O. Box 111200 Juneau, Alaska 99811-1200 POSITION STATEMENT: Testified in support of SCR 2. ACTION NARRATIVE TAPE 93-10, SIDE A Number 001 CHAIRMAN SHARP called the Senate Transportation Committee to order at 3:32 p.m. The first order of business was HJR 25 (IMPLEMENTING ALEUTIAN TRADE ACT OF 1990), sponsored by Representative Carl Moses. REPRESENTATIVE MOSES said he introduced HJR 25 to bring the attention of the Coast Guard to the Aleutian Trade Act passed in 1990. Currently, there are proposed regulations to implement the Commercial Fisheries Industry Vessel Safety Act of 1988. There is the tendency to overlook the Aleutian Trade Act. The resolution requests that the exemptions be used that were provided for in the Aleutian Trade Act so that fish tender vessels may keep operating. Representative Moses said the new proposed regulations would put fish tender vessels out of business. The Aleutian Trade Act would allow exemptions that would permit them to operate until 2003. There being no further testimony on the measure, SENATOR KELLY moved and asked unanimous consent to pass HJR 25 out of the Senate Transportation Committee with individual recommendations. Hearing no objection, the motion passed. Number 060 The last order of business was SCR 2 (FEDERAL-AID HWY FUNDING/DRUG ENFORCEMENT). CHAIRMAN SHARP referred to the bill and said there are two options that the Federal Intermodel Surface Transportation Efficiency Act (ISTEA) gives states. One is to pass a bill on revocation of drivers licenses for most controlled substance convictions. The other is SCR 2 which says that the legislature feels that substance abuse laws are already on the books. He said it expresses actions of Congress to coerce states into passing an ineffective laws that are inappropriate. Chairman Sharp indicated that the preferred course is a senate bill that has been introduced which would accommodate the federal mandate. The bill is currently in Senate Judiciary Committee. He noted that SCR 2 was scheduled in the Senate Transportation Committee to allow the Department of Public Safety, Division of Motor Vehicles, to testify on the resolution approach. Senator Sharp pointed out that in the committee member's packets is a position paper and a fiscal note that discusses what the penalty would be of the senate bill or resolution does not pass the legislature in a timely manner. Chairman Sharp asked how many other states have passed similar resolutions in lieu of the bill. KATIE MCHUGH, Special Assistant, Department of Transportation and Public Facilities (DOT/PF), said she believes approximately six states have passed a resolution, but there are several states that are currently working on a resolution. Chairman Sharp said he thinks that there are about thirteen states that have submitted legislation and only three bills have been accepted by the federal government as being adequate to accommodate the law. SENATOR LINCOLN said if the resolution is passed, the state will not have to give up any ISTEA funding. KEITH GERKIN, Deputy Commissioner, DOT/PF, said in addition to the resolution, the governor needs to sign a letter to the federal secretary certifying that he is in agreement with the legislative action. He noted that the governor is in agreement. He said the penalty is $10 to $20 million depending on which year it is. The department doesn't care which method is used as long as a bill or resolution is passed. Mr. Gerkin said the federal law requests that the states adopt a bill by April 1. As a practical matter, it would be the beginning of the next federal fiscal year when the penalty would be assessed which is October 1, 1993. They would withhold about $10 million of federal highway funds for that year and it would rise to $20 million in future years. Senator Lincoln said she would be opposed to requiring a drivers license to be pulled for drug offenses if they are not involved in the use of a vehicle. She said she supports the resolution. LORN CAMPBELL, Executive Director, Department of Public Safety Highway Safety Planning Agency, said the department supports either vehicle that will save money for DOT/PF. Number 303 There being no further testimony on the resolution, SENATOR LINCOLN moved to pass SCR 2 out of the Senate Transportation Committee with individual recommendations and the accompanying fiscal note. Hearing no objection, the motion carried. There being no further business to come before the Senate Transportation Committee, CHAIRMAN SHARP adjourned the meeting at 4:53 p.m.