Legislature(1997 - 1998)
03/25/1997 08:07 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 83 - COMMERCIAL VEHICLE INSPECTIONS The next order of business to come before the House State Affairs Standing Committee was HB 83, "An Act relating to commercial motor vehicle inspections; and providing for an effective date." Number 1586 REPRESENTATIVE VEZEY explained the committee members had before them a committee substitute (0-LS0384/P, Ford, 3/24/97). The first major change was a result of Executive Order 98. The bill now addressed Title 19 instead of Title 28. REPRESENTATIVE VEZEY explained that Section 3 adopted 49 C.F.R. 396 and the provisions that existed on October 31, 1996. It also clarified the terms "interstate" and "intrastate" to mean the same thing. REPRESENTATIVE VEZEY explained that Section 4 removed a criminal penalty and inserted a civil penalty with a fine of $20,000. It did not take away the ability of the troopers to charge a criminal penalty for endangering the life of another person, however. REPRESENTATIVE VEZEY explained that Section 5 increased the penalty from $300 to $500 for a safety violation. REPRESENTATIVE VEZEY explained that Section 6 provided for an affirmative defense to prosecution under federal law because federal law changed faster than state law creating a conflict. REPRESENTATIVE VEZEY explained that Section 7 defined the term "commercial motor vehicle" so that it was synonymous with the federal law. REPRESENTATIVE VEZEY explained that Section 8 repealed existing statutes. REPRESENTATIVE VEZEY explained that Section 9 gave a July 1, 1997, effective date. Number 1804 REPRESENTATIVE BERKOWITZ asked Representative Vezey whether Section 4 also encompassed AS 19.10.365 in Section 5. Number 1833 REPRESENTATIVE VEZEY replied that the civil penalty would not require due process. TAPE 97-34, SIDE A Number 0010 REPRESENTATIVE BERKOWITZ stated that there was a new law that indicated anything over a $250 fine could entitle a person to a jury trial. REPRESENTATIVE VEZEY replied that he was aware of what Representative Berkowitz was talking about. There was ample evidence in state law where $500 was a reasonable ceiling, however. The law said a "maximum" of $500. Not all violations would be $500. Typically, the schedule ranged from $50 to $300. The statute needed to be rewritten; therefore, the maximum penalty was raised. Number 0116 REPRESENTATIVE ELTON stated Section 4 addressed AS 19.10.310 through AS 19.10.399, and Section 5 addressed AS 19.10.365. There appeared to be a conflict. Number 0180 REPRESENTATIVE VEZEY replied that AS 19.10.310 through AS 19.10.399 covered a broader area than AS 19.10.365. If a person was guilty of a leaky air line, for example, the authorities would not try to prosecute under Section 4. In addition, Section 5 addressed a list of specific mechanical items that had to be working to operate the vehicle legally, whereas Section 4 addressed the failure to implement a safety inspection program. CHAIR JAMES called on Mike Ford, drafter of the bill, to answer some of the questions. Number 0281 MIKE FORD, Attorney, Legislative Legal and Research Services, Legislative Affairs Agency, testified that the conflict was on line 22, page 2, "and except as provided in (b) of this section, a". There was also an existing misdemeanor penalty in AS 19.45.002. There were no conflicts. Number 0336 FRANK DILLON, Executive Director, Alaska Trucking Association, testified via teleconference from Anchorage. The industry supported the revisions to the bill discussed by Representative Vezey, and they would appreciate action taken on the bill. Number 0370 REPRESENTATIVE BERKOWITZ asked Representative Vezey whether Sergeant Brown signed off on the revisions to the bill. REPRESENTATIVE VEZEY replied, "Yes." Number 0412 REPRESENTATIVE VEZEY moved that the committee substitute (0- LS0384/P, Ford, 3/24/97) be adopted. There was no objection; the committee substitute was so adopted. Number 0462 REPRESENTATIVE VEZEY moved that HB 84, as amended, move from the committee with individual recommendations and the attached fiscal note(s). There was no objection; CSHB 84(STA) was so moved from the House State Affairs Standing Committee.
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