SENATE TRANSPORTATION COMMITTEE May 6, 1997 4:15 p.m. MEMBERS PRESENT Senator Jerry Ward, Chairman Senator Gary Wilken, Vice Chairman Senator Lyda Green Senator Rick Halford Senator Georgianna Lincoln MEMBERS ABSENT All members present. COMMITTEE CALENDAR HOUSE BILL NO. 11 "An Act relating to driver's licensing; and providing for an effective date." - MOVED HB 11 OUT OF COMMITTEE SENATE BILL NO. 157 "An Act establishing a children's trust motor vehicle registration plate." - MOVED SB 157 OUT OF COMMITTEE HOUSE JOINT RESOLUTION NO. 27 Requesting the Federal Aviation Administration to grant exemptions from the "commuter rule" in order to maintain a high level of air safety and air transportation service in rural Alaska. - MOVED SCS HJR 27(TRA) OUT OF COMMITTEE CS FOR HOUSE BILL NO. 222(TRA) am "An Act relating to abandoned, wrecked, or junk vehicles." - MOVED CSHB 222(TRA) am OUT OF COMMITTEE HOUSE BILL NO. 246 "An Act naming the George W. Palmer Memorial Bridge." - MOVED HB 246 OUT OF COMMITTEE SENATE BILL NO. 192 "An Act relating to maintenance of state marine vessels; and providing for an effective date." - MOVED SB 192 OUT OF COMMITTEE PREVIOUS SENATE ACTION HB 11 - No previous Senate action to record. SB 157 - No previous Senate action to record. HJR 27 - No previous Senate action to record. HB 222 - No previous Senate action to record. HB 246 - No previous Senate action to record. SB 192 - No previous Senate action to record. WITNESS REGISTER Jeff Logan, Staff Representative Green State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Discussed HB 11. Juanita Hensley, Chief Drivers Services Division of Motor Vehicles Department of Public Safety PO Box 20020 Juneau, Alaska 99811-0020 POSITION STATEMENT: Discussed HB 11 and SB 157. Senator Donley State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Prime Sponsor of SB 157. Johnny Hawk, Staff Representative Ivan State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Discussed HJR 27. Joe Spauge ERA Aviation Anchorage, Alaska POSITION STATEMENT: Encouraged passage of HJR 27. Representative Rokeberg State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 222. Sandra Yocom, Staff Representative Ogan State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Discussed HB 246. Justin Kaucic, Palmer Youth HC01 Box 6031 Palmer, Alaska 99645 POSITION STATEMENT: Supported HB 246. Joe Ambrose, Staff Senator Taylor State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Discussed SB 192. Mike Downing, Director Division of Engineering & Operations Department of Transportation & Public Facilities 3132 Channel Drive Juneau, Alaska 99801-7898 POSITION STATEMENT: Supported the Ketchikan Shipyard. ACTION NARRATIVE TAPE 97-13, SIDE A HB 11 DRIVERS LICENSE REQUIREMENTS FOR MINORS  Number 001 CHAIRMAN WARD called the Senate Transportation Committee meeting to order at 4:15 p.m. and announced HB 11 as the next order of business before the committee. JEFF LOGAN , Staff to Representative Green, explained that HB 11 will create a provisional or graduated drivers license for young drivers. A graduated drivers license has the following restrictions: prohibition on driving between 1:00 a.m. and 5:00 a.m. and only eight points are allowed to accrue before action is taken. Representative Green originally sponsored HB 11 as a way to keep young people from being in automobile accidents and deaths. This has been successful in a number of states such as Oregon, Washington, and California. The intent of HB 11 is to graduate young drivers into full driverhood by requiring that the young person first hold an instructional permit. The person accompanying a permit holder must be at least 22 years of age and then the young person moves onto a provisional license with the aforementioned restrictions. The next step would be a full drivers license. SENATOR GREEN asked if HB 11 was identical to the Senate's amended version last year. JEFF LOGAN clarified that HB 11 is the last version in the Senate last year. SENATOR HALFORD seemed to believe that HB 11 would create an indirect burden on parents whose children provide transportation to siblings. JEFF LOGAN said that initially, HB 11 had broader restrictions which have been narrowed to the aforementioned two restrictions. JUANITA HENSLEY , Chief of Drivers Services in the DMV, reiterated that HB 11 is identical to the bill that was passed out of Senate Finance last year. Ms. Hensley pointed out that the only change made in the Senate last year was the age limit of the accompanied driver of an instructional permit holder from 19-22 years of age. CHAIRMAN WARD noted that the next committee of referral for HB 11 is the Senate State Affairs Committee. Chairman Ward said that he would entertain a motion. SENATOR WILKEN moved to report HB 11 out of committee with individual recommendations and accompanying fiscal notes. Without objection, it was so ordered. SB 157 CHILDREN'S TRUST LICENSE PLATES  Number 106 CHAIRMAN WARD introduced SB 157 as the next order of business. SENATOR DONLEY , Prime Sponsor, explained that SB 157 would establish an optional plate for the Children's Trust. Other states have done this as a fund raiser for the Children's Trust. The cost of the plate would be $100 and the money would be placed in a special account that the Legislature may appropriate to support the Children's Trust. SENATOR HALFORD inquired as to how many different license plates are available. At some point, determining where a license plate is from becomes difficult. JUANITA HENSLEY , Chief of Drivers Services for the DMV, stated that there are 41 different personalized or specialized plates in Alaska. In further response to Senator Halford, Ms. Hensley listed the various license plates in Alaska. The Children's Trust license plate would be a new plate for Alaska with a new design and new colors. SENATOR HALFORD asked if the Department of Public Safety ever comments on the number of license plates in the state. JUANITA HENSLEY said that she took a neutral stand on these license plates. Ms. Hensley acknowledged that there has been discussion from law enforcement around the state about special license plates , but no one has come forward in opposition to special license plates. SENATOR GREEN moved to report SB 157 out of committee with individual recommendations and accompanying fiscal notes. Without objection, it was so ordered. HJR 27 FAA "COMMUTER RULE"  Number 163 CHAIRMAN WARD introduced HJR 27 as the next order of business. JOHNNY HAWK , Staff to Representative Ivan, read the following sponsor statement into the record: House Joint Resolution 27 proposes that the Federal Aviation Administration grant specific petitions for exemption from individual operators affected by the "Commuter Rule." An exemption would ensure that safety is not diminished because the aircraft currently utilized, the Twin Otter, has a good safety record based on statistics on aircraft accidents in Alaska. The Commuter Rule applies to any aircraft capable of carrying ten or more passengers under Part 121 of the FAA rules which applies to major operators such as United Airlines, Alaska Airlines and any other major operators in the nation. Twin Otters currently operate under Part 135 of the FAA rules which apply to small aircraft. The Commuter Rule became effective on March 20, 1997. Rural Alaska relies totally on air transportation for passenger travel and moving goods and services. The aircraft affected by the Commuter Rule is the Twin Otter which carries 10 to 19 passengers and has twin-engine with turbo-props. This aircraft has a larger load capacity than a Cessna 206 or 207 and has a comparable approach speed. The Twin Otter has a better safety record than those of smaller aircraft. There were a total of 67 accidents in 1995/1996 and 7 of those occurred in 10 plus seat aircraft. The FAA has been given specific authority by Congress to provide exemptions to small air carriers in Alaska from provisions of the Commuter Rule. This resolution is requesting just that. Mr. Hawk informed the committee that when HJR 27 was heard in House Transportation the Alaska Air Carriers Association, ERA Aviation, Cape Smythe Air, and Frontier Aviation supported HJR 27. CHAIRMAN WARD noted that there was an amendment in the packet and asked Mr. Hawk if he would like that to be offered. JOHNNY HAWK replied yes. SENATOR GREEN moved Amendment 1. Amendment 1 Page 2, line 28, following "Transportation;": Insert "Guy S. Gardner, Associate Administrator for Regulation and Certification, Federal Aviation Administration, U.S. Department of Transportation;" Without objection, Amendment 1 was adopted. SENATOR HALFORD asked Mr. Hawk if there was any House discussion with DOT regarding the possible cost savings to the state and small airports of avoiding Part 121 operations. JOHNNY HAWK said that there was no discussion on that possibility. Mr. Hawk noted that some small air carriers have removed seats from the air craft in order to meet the requirements under Part 121. Part 121 is very onerous to the small operators. SENATOR HALFORD believed that it cost the state money in terms of the standards applied to locations and airports. There are many state reasons for exemptions for the air carrier rule. SENATOR LINCOLN asked if any groups or individuals opposed HJR 27. JOHHNY HAWK stated that there was no stated opposition to HJR 27 in House Transportation. SENATOR WILKEN said that there are two problems with HJR 27 which really relate more to Part 121. Part 121 is a result of some of the commuter crashes in the Lower 48, but Alaska does not have the same situation as the Lower 48. Part 121 addresses air craft with 10 seats or greater. In Alaska, most of the crashes occur with air craft having nine seats or less. The wrong tool is being used to fix the problem. Senator Wilken informed everyone that Frontier Airlines had applied to the federal government for an exemption which was denied. Frontier Airlines has already spent a lot of money for modifications. Now with HJR 27, airlines who have waited will not have to comply and therefore end up with a competitive advantage. This issue should have been addressed earlier. JOE SPAUGE , ERA Aviation, noted that the Commuter Rule went into effect March 20th. Several air carriers have submitted certain petitions for exemption that were granted in some cases and denied in others. Mr. Spauge agreed with Senator Wilken's remarks that this issue should have been addressed earlier. Mr. Spauge believed that it would be worthwhile to pass HJR 27 due to the need for continued relief from the Commuter Rule for those that did or did not receive exemptions. Passage of HJR 27 will be a valuable tool in dealing with the FAA on this issue. SENATOR WILKEN moved to report SCS HJR 27(TRA) out of committee with individual recommendations and the attached zero fiscal note. Without objection, it was so ordered. HB 222 ABANDONED,WRECKED,OR JUNK VEHICLES  Number 280 CHAIRMAN WARD announced that CSHB 222(TRA)am was the next order of business before the committee. REPRESENTATIVE ROKEBERG , Prime Sponsor, explained that HB 222 would provide local governments with an extra tool in which to dispose or impound wrecked or junked vehicles. Representative Rokeberg emphasized that ability only refers to vehicles on public property, except without the consent of the owner - for example a parking lot. A number of vehicles are abandoned on the streets and highways which is a problem with regard to safety and traffic. Often, such vehicles are not properly registered and are difficult to trace. For example in the Municipality of Anchorage, there are more than 1,000 vehicles each year that must be dealt with which result in a cost of $126,000. HB 222 provides for the expedited removal of junk vehicles from streets and rights-of-way. HB 222 would also provide a reduction in the holding time and processing time for junk vehicles from 30 days to 15 days. HB 222 would assist in reducing the number of junk vehicles which are sold through auction and often end up back on the streets. HB 222 would also allow that titled, but not registered vehicles could be auctioned. HB 222 would allow municipalities to establish ordinances to deal with junked vehicles. Representative Rokeberg informed the committee that the Municipality of Anchorage, the City & Borough of Ketchikan, the Alaska Municipal League, and the Alaska Tow Truck Association support HB 222. SENATOR GREEN asked if this is in a municipality. REPRESENTATIVE ROKEBERG replied yes. Representative Rokeberg explained that HB 222 makes some changes to existing state statute which has hindered the municipality's ability to deal with junked vehicles. This legislation was requested by the Municipality of Anchorage and a number of recommendations were dealt with from the City & Borough of Ketchikan. SENATOR HALFORD wanted to ensure that the new definition of "junked vehicle" did not describe the car Senator Halford drove everyday. REPRESENTATIVE ROKEBERG pointed out that a vehicle cannot be left in a public right-of-way for longer than 24 hours. Representative Rokeberg noted that the committee packet included a letter from a Ketchikan attorney which indicates that in Ketchikan people seem to like to do car repairs on the side of the road. Those people move their car two feet forward one night and two feet backward the next in order that the car is not considered unattended. Therefore, the language "reasonably appears to be abandoned" was added to accommodate that situation. Representative Rokeberg believed that Senator Halford should not have a problem with his vehicle unless the vehicle had broken glass. SENATOR HALFORD said that what is being done with HB 222 is not a problem, however Senator Halford wanted to ensure that the definition did not apply to anything else. REPRESENTATIVE ROKEBERG said that was not his understanding. SENATOR GREEN moved to report CSHB 222(TRA)am out of committee with individual recommendations and accompanying fiscal notes. Without objection, it was so ordered. HB 246 GEORGE W. PALMER MEMORIAL BRIDGE  Number 350 CHAIRMAN WARD introduced HB 246 as the next order of business. SANDRA YOCOM , Staff to Representative Ogan, explained that HB 246 would name the bridge being built over the Matanuska River. Representative Ogan introduced HB 246 on behalf of Justin Kaucic, a local Palmer youth. Mr. Kaucic collected 401 signatures and gained support from the Borough and City of Palmer which both issued resolutions. Ms. Yocom informed the committee that George Palmer, after whom the bridge would be named, arrived in Alaska in 1875 and operated a trading post near the site of the new bridge. Mr. Palmer died in 1935 and in 1951 a small Alaskan city incorporated and choose the name Palmer in order to reflect Mr. Palmer's pioneering spirit and independence. That remeberance would be extended with the naming of the new bridge. JUSTIN KAUCIC , Palmer youth, believed that naming the bridge after George Palmer was appropriate due to Mr. Palmer's trading post being near the bridge site. SENATOR GREEN moved to report HB 246 out of committee with individual recommendations. Without objection, it was so ordered. SB 192 MAINTENANCE & REPAIR OF STATE VESSELS  Number 372 CHAIRMAN WARD announced that SB 192 would be the last order of business before the committee. JOE AMBROSE , Staff to Senator Taylor, informed the committee that SB 192 was introduced as backup to SB 21, the Marine Highway Authority, which the Senate has already passed. During the debate of SB 21 on the Senate floor, there was discussion of the provision in state law requiring that state owned vessels be maintained and repaired in Alaska which will sunset August 30, 1997. SB 192 has been introduced in order to ensure that the sunset does not occur. SB 21 included Sections 21 and 22 that would eliminate the sunset clause and the language from those sections has been used exactly. MIKE DOWNING , Director of the Division of Engineering & Operations in DOT/PF, stated that the Administration supports the Ketchikan Shipyard and wants to continue doing work in the Ketchikan Shipyard. The existing statute works fine as is, but the sunset provision is the problem. Mr. Downing provided the committee with a handout that denoted the work DOT has done at the Ketchikan Shipyard since 1990. Mr. Downing preferred to extend the sunset provision to the year 2002. The problem with the elimination of the statute is that the statute provides an exemption from the procurement code which allows DOT to go to Ketchikan and negotiate the contracts on marine highway vessels. Mr. Downing expressed the need for that statute to remain. Much of SB 192 is the result of work between DOT, Senator Taylor's staff, and Representative William's staff. Mr. Downing proposed that the sunset provision be extended. SENATOR GREEN asked if that required an amendment. JOE AMBROSE explained that SB 192 as SB 21 before it repeals the sunset provision. It has been 10 years since the law originally passed and it is not necessary to revisit it every five years. MIKE DOWNING expressed concern with SB 192 regarding the definition of the "interport differential." The definition refers to "out of the state" which Mr. Downing believed could result in there not being an interport differential between Ketchikan and Seward. Mr. Downing was concerned that would favorably effect the Ketchikan Shipyard over the Seward Shipyard. SENATOR WILKEN moved to report SB 192 out of committee with individual recommendations and the fiscal note that is not yet available. Without objection, it was so ordered. There being no further business before the committee, the meeting was adjourned at 3:45 p.m.