Legislature(1997 - 1998)
02/03/1997 01:00 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE TRANSPORTATION STANDING COMMITTEE
February 3, 1997
1:10 p.m.
MEMBERS PRESENT
Representative Beverly Masek, Vice Chairman
Representative John Cowdery
Representative Jerry Sanders
Representative Kim Elton
Representative Al Kookesh
MEMBERS ABSENT
Representative Bill Williams, Chairman
Representative Bill Hudson
COMMITTEE CALENDAR
EXECUTIVE ORDER 98
"Transfers commercial highway functions from the Department of
Commerce and Economic Development and the Department of Public
Safety to the Department of Transportation."
- HEARD AND HELD
*HOUSE BILL NO. 83
"An Act relating to commercial motor vehicle inspections; and
providing for an effective date."
- HEARD AND HELD
(* First Public Hearing)
PREVIOUS ACTION
BILL: HB 83
SHORT TITLE: COMMERCIAL VEHICLE INSPECTIONS
SPONSOR(S): REPRESENTATIVE(S) MARTIN
JRN-DATE JRN-PG ACTION
01/22/97 122 (H) READ THE FIRST TIME - REFERRAL(S)
01/22/97 122 (H) TRANSPORTATION, STATE AFFAIRS
02/03/97 (H) TRA AT 1:00 PM CAPITOL 17
WITNESS REGISTER
BOYD BROWNFIELD, Deputy Commissioner
Department of Transportation and Public Facilities
3132 Channel Drive
Juneau, AK 99801
Telephone: (907) 465-6973
POSITION STATEMENT: Answered questions of EO 98
DEL SMITH, Deputy Commissioner
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99811
Telephone: (907) 465-4322
POSITION STATEMENT: Present to answer questions on EO 98
REPRESENTATIVE TERRY MARTIN
Alaska State Legislature
Capitol Building, Room 502
Juneau, Alaska 99801
Telephone: (907) 465-3783
POSITION STATEMENT: Testified on HB 83
FRANK DILLON, Executive Director
Alaska Trucking Association
3433 Minnesota Drive
Anchorage, Alaska 99505
Telephone: (907) 276-1149
POSITION STATEMENT: Testified on HB 83
STUART HALL, Ombudsman
Legislative Agencies and Offices
P.O. Box 113000
Juneau, Alaska 99811
Telephone: (907) 465-4970
POSITION STATEMENT: Testified on HB 83
BRAD BROWN, Sergeant
Alaska State Trooper Vehicle Enforcement
117 West 4th Avenue
Anchorage, Alaska 99515
Telephone: (907) 278-0312
POSITION STATEMENT: Testified on HB 83
ACTION NARRATIVE
TAPE 97-2, SIDE A
Number 001
CHAIR BEVERLY MASEK called the House Transportation Standing
Committee to order at 1:10 p.m. Members present at the call to
order were Representatives Sanders, Elton, Masek, Cowdery and
Kookesh. Members absent were Representatives Williams and Hudson.
Chair Masek stated that Representative Williams was excused due to
a personal matter.
EO 98 - Transferring certain functions from DCEC and DPS to DOT&PF
Number 087
CHAIR MASEK stated that EO 98, deals with "Transfering commercial
highway functions from the Department of Commerce and Economic
Development and the Department of Public Safety to the Department
of Transportation." The committee meeting on EO 98, was for
discussion purposes and no action would be taken today.
Number 177
BOYD BROWNFIELD, Deputy Commissioner, Department of Transportation
and Public Facilities, stated that EO 98 pertains to the
adjudication of oversized and overweight vehicles on Alaska's
highways. Currently there are three separate departments that have
significant responsibilities that pertain to the one issue. Mr.
Brownfield stated that most of the regulations and issues dealing
with oversize and overweight vehicles preside in the Department of
Transportation and Public Facilities, (DOT&PF). The DOT&PF has the
responsibility for the maintenance, operation, condition and safety
of Alaska's highways. The Department of Commerce and Economic
Development (DCEC), through their Weights and Measures Division,
issues permits for oversize and overweight vehicles, however, in
most cases the Weights and Measures Division has to call the DOT&PF
to obtain permission for permit issuance. The DCEC operates
Alaska's ten fixed weigh stations. The weigh stations are located
from Anchorage to Fairbanks, from the talkeetna entrance to Alaska
from Canada and in Valdez; there are no weigh stations in Southeast
Alaska. The Department of Public Safety, (DPS) through their
Commercial Vehicle Program, issues the safety and enforcement
measures. The DPS provides a mobile inspection force to areas
without fixed weigh stations to ensure the remote areas of Alaska
are being policed in regards to oversized and overweight trucks and
vehicles. The DPS has the overall law enforcement authority to
carry out the program of oversize and overweight vehicles. The
DOT&PF, DCEC, DPS are the three departments that interact on a
daily basis over the issue of weights and measures. The three
commissioners of the respective departments, the Alaska Truckers
Association and the teamsters support the consolidation to the
DOT&PF. Mr. Brownfield stated that the DOT&PF has not found anyone
in disagreement to the consolidation. He further stated that
presently, the Commercial Trucking Program is barely satisfactory
in the eyes of the federal government. The Commercial Trucking
Program is funded by Intermodal Surface Transportation Efficiency
Act (ISTEA) money, if the program does fall below the satisfactory
level it will result in 10 percent of ISTEA funding sanctions. The
DOT&PF receives the majority of the ISTEA funds, as a result, Mr.
Brownfield believes the DOT&PF has a special interest to make sure
the program is kept in good condition. Mr. Brownfield stated that
combining resources in one Department would result in a one stop
shopping process and an increased efficiency that would be a
benefit the to the public as well as the state.
Number 599
REPRESENTATIVE JOHN COWDERY asked who administered the portable
scales.
Number 630
MR. BROWNFIELD responded the Commercial Trucking Unit in the DPS.
Number 673
REPRESENTATIVE COWDERY asked if the portable scales are also used
in Southeast Alaska and if so, is it through the DPS.
MR. BROWNFIELD responded, "Yes, that is correct."
Number 684
REPRESENTATIVE COWDERY asked if only the section, of the Weights
and Measures Division, that weighs vehicles will be transferred.
Number 719
MR. BROWNFIELD replied it would be the whole division including the
sections that monitor the gas stations, the scales in the
supermarkets and airports. He further stated these sections make
up an extremely small part of the entire division.
Number 772
REPRESENTATIVE COWDERY further asked if only the section that
weighs the vehicles will be transferred to the DOT&PF.
Number 779
MR. BROWNFIELD replied it is the entire department that is going to
be transferred to the DOT&PF.
Number 802
REPRESENTATIVE COWDERY inquired if any offices are going to be
physically moved.
Number 809
MR. BROWNFIELD replied that they do not anticipate any office
relocation because of EO 98. However, in the future it is the
DOT&PF's intent to take the Commercial Trucking Office and the
Weights and Measures Office and incorporate them in the same
building. Mr. Brownfield stated, the fiscal note for EO 98 is zero
and would not include the cost of moving the offices together.
Number 845
REPRESENTATIVE COWDERY asked if there would be any moving costs as
a result of EO 98.
Number 853
MR. BROWNFIELD replied, "No."
Number 857
REPRESENTATIVE COWDERY asked if EO 98 would result in any
supervisory or personnel reductions.
Number 866
MR. BROWNFIELD replied, "At the present time there would not be.
The only area that we can see that we may make some improvements is
if we have to pull somebody off of our Maintenance and Operation
Division in order to coordinate the efforts of the permit."
Number 893
REPRESENTATIVE COWDERY asked if his understanding was correct that
50 to 60 personnel were going to be moved in the transfer.
Number 899
MR. BROWNFIELD stated that it was a transfer of 50 to 60 personnel.
Number 905
REPRESENTATIVE COWDERY asked "wouldn't that be cutting supervisory
positions for the employees coming out of say commerce if they're
having a reduction -- it would seem logical to cut some positions
out of that on supervisory positions. If we don't then we'd
actually have a fiscal note."
Number 935
MR. BROWNFIELD replied that the function of the Weights and
Measures Divvison is not going to be reduced in any way, upon the
combining of the departments.
Number 978
REPRESENTATIVE COWDERY stated that the combination of departments
would involve a transfer of budgets resulting in the reduction of
personnel.
Number 988
MR. BROWNFIELD replied that EO 98 is a transfer of elements from
the DCEC and the DPS to the DOT&PF. The employees will be
transferred between the departments, however, not resulting in a
reduction or addition of employees on the bottom line. The DPS
will transfer its employees except for the two troopers and the
Department of Commerce will transfer the entire Weights and
Measures division to the DOT&PF.
REPRESENTATIVE COWDERY asked who will be the troopers direct
supervisor.
MR. BROWNFIELD replied that the troopers will remain in the DPS,
although to carry out their particular function they are assigned
to the DOT&PF. This is the same for the troopers in the Department
of Fish and Game who report to the DPS for enforcement.
Number 1081
REPRESENTATIVE COWDERY asked if there would be any violations of
the collective bargaining agreements with EO 98.
MR. BROWNFIELD responded that to his knowledge there would not be
any violations.
Number 1106
REPRESENTATIVE COWDERY asked if the troopers would require any new
trucks, vehicles or equipment in the DOT&PF.
Number 1110
MR. BROWNFIELD answered no.
Number 1115
REPRESENTATIVE COWDERY asked where the one stop shopping would be
located.
Number 1121
MR. BROWNFIELD responded that the one stop shopping would be
located in the DOT&PF instead as it is currently located in the
three separate departments. The location would probably be in
Huffman Park where the Division Chief will be located.
Number 1133
REPRESENTATIVE COWDERY indicated to the Chair that he had talked
with some members of the Alaska Trucking Association (ATA) who all
conveyed support of centrally located one stop shopping for
permits.
Number 1177
CHAIR MASEK referred to the memorandum of understanding packet,
(MOU), page 2, and stated it answers most of Representative
Cowdery's questions. She added that the DOT&PF has a solid plan on
the incorporation of the 52 positions from the DCEC to the DOT&PF.
Number 1220
MR. BROWNFIELD indicated that was correct because all departments
involved want a smooth and efficient transition.
Number 1254
REPRESENTATIVE JERRY SANDERS stated that the Weight and Measures
Division was incorporated into the DCEC in 1982 and asked what has
changed to cause EO 98 to be needed now.
Number 1282
MR. BROWNFIELD stated that he did not know the history behind the
Weights and Measures Division, but the Weights and Measures
Division would be far more efficient under one department compared
to how it is operating currently. The DOT&PF has agreed on EO 98
because of the high degree of responsibility the DOT&PF already
holds in this matter. Mr. Brownfield further stated that the
transfer has been attempted before but due to poor coordination it
has never been completed.
Number 1352
REPRESENTATIVE SANDERS asked if Mr. Brownfield was positive
that EO 98 was not going to save the state money.
Number 1368
MR. BROWNFIELD stated that at this time there are no savings to be
found.
Number 1387
REPRESENTATIVE SANDERS stated that EO 98 would result in savings to
the truckers and he hopes at some point there will be a savings to
the state.
Number 1396
REPRESENTATIVE COWDERY stated to Representative Sanders that he was
aware of the history of the Weight and Measures Division as he was
present during the thirteenth legislature. He stated "the reason
it was changed -- there was citations being given by commerce
personnel that was challenged and the violations -- courts had some
problems with the violations being issued and at that time we put
them at the authority -- the issuance of the citations under the
Department of Public Safety. We did a transfer of things to try
and accommodate that weakness in our statutes at that time."
Number 1480
REPRESENTATIVE AL KOOKESH stated that it is really helpful to read
the material provided regarding EO 98 as it would eliminate the
number of questions being asked. He pointed out that he believes
in one stop shopping for permits and that he would also like to see
this occur with permits for logging. Representative Kookesh stated
he was glad there is industry support for EO 98 and a monetary
savings for the industry and the public would be a result of EO 98.
Number 1530
REPRESENTATIVE KIM ELTON indicated, "If EO 98 was to go into effect
than HB 83 would need to be re-written so that it reflects that
this function is being taken from Chapter 28 and moving it to
Chapter 29."
CHAIR MASEK stated she would make a note of Representative Elton's
point and that the committee would not be taking any action on HB
83 today. Chair Masek asked if there was anyone else who would
like to testify.
DEL SMITH, Deputy Commissioner, Department of Public Safety,
indicated he was present to answer any questions that the committee
might have.
CHAIR MASEK stated hearing no further comments, the committee will
address HB 83.
HB 83 - COMMERCIAL VEHICLE INSPECTIONS
Number 1627
CHAIR MASEK announced a public hearing on HB 83, "An Act relating
to commercial motor vehicle inspections; and providing for an
effective date."
Number 1633
REPRESENTATIVE TERRY MARTIN stated that HB 83 was written as a
result of Mr. Stuart Hall's, Ombudsman, Legislative Agencies and
Offices, annual reports, which proved that the commercial vehicle
truck inspection laws require upgrading. Representative Martin
believes there is a major problem if the state is not doing the
inspections that are called for by the statutes, and felt this
could result in a higher level of liability. He referred to the
suggestion that the federal laws on commercial vehicle inspections
would adequatly serve the purpose of public safety and stated that
the committee may want to follow the federal law.
Number 1778
FRANK DILLON, Executive Director, Alaska Trucking Association,
testified via teleconference from Anchorage. He stated that the
ATA is a 38-year old trade association that represents the
interests of the commercial vehicle users throughout Alaska. The
ATA has 300 member companies and represents a substantial portion
of commercial truck operators in Alaska.
Number 1788
MR. DILLON stated that in 1986, as the Alaska Transportation
Commission was being phased out, the legislature in order to
protect the interest of public highway users passed HB 83, Title
28, Chapter 32, regarding commercial vehicle inspections and
setting up a system where inspections would occur twice a year.
This was passed 1986 but was never implemented. In 1990, Mr.
Dillon worked for the ATA and realized that there was a lot of
equipment that could only be identified by viewing the license
plates which in most cases were obscured. He stated that in other
jurisdictions the vehicle identification is required to be marked
on the vehicles doors and was surprised that there is no
requirement to do so in Alaska.
Number 1835
MR. DILLON stated the that the Motor Carriers Safety Assistance
Program (MCSAP) sets up federal money to be available to the state
as a supplement to their Commercial Vehicle Program. The current
program mirrors the regulations of the MCSAP. Mr. Dillon stated
that, all trucks in the state of Alaska, operating under interstate
commerce, have always been under the federal Motor Carriers Safety
Regulations (MCSR). Interstate commerce is defined by the where
the freight is going, not where the trucks are traveling to and
from. Mr. Dillon stated that in 1993 the DPS administratively
adopted the MCSR which have been enforced since that time. The ATA
has educated the commercial drivers of the regulations and
requirements under the MCSR. The ATA has also enacted a drug
testing and alcohol testing law which is both a random and pre-
employment test for commercial vehicle users.
Number 1980
MR. DILLON stated that the MCSR requires several different
inspections take place to ensure the equipment on Alaskan highways
is safe. The annual defect free requirement is an inspection
performed by a mechanic on every piece of commercial truck
equipment used in Alaska. A daily requirement for mid-size
equipment, 10,000 pounds and over, mandates at shift end, the
driver must report the condition of his/her equipment, repairs have
to be performed, if needed, before the equipment can be used again.
In addition, there is a random inspection done by the Commercial
Vehicle Unit on the highway and at the trucking facilities. The
federal MCSR is contained in a 535 page booklet that truck drivers
are required to be familiar with as well as implement. Mr. Dillon
stated that the MCSR ensures both safe equipment and qualified
drivers are operating on Alaska's highways. Mr. Dillon added that
the MCSR meets the federal requirements in order to receive the
federal highway funds, of which DOT&PF receives over 200 million.
Number 2079
MR. DILLON asked that a committee substitute be introduced that
addresses the federal regulations that have administratively been
adopted. He stated that he would like to see Alaska's inspection
program comply with the federal regulation rather that a program
that has never been instituted, will cost the industry between four
and six million dollars to private garage owners and will not
enhance safety on Alaska's highways. He stated he would like to
see the federal guidelines be established in the statutes or be
recognized administratively.
Number 2162
REPRESENTATIVE ELTON asked Mr. Dillon who would carry out the
inspections to insure compliance with the federal guidelines under
this proposal that Mr. Dillon would like to see incorporated into
a committee substitute. He further asked if Mr. Dillon stated this
would save the industry four to six million dollars by shifting
inspections from having to be performed by private garages.
Number 2193
MR. DILLON replied that right now there is not a mandate that
commercial vehicles be taken to a commercial inspection station.
Many of the commercial vehicle operators do take their equipment to
vendors because they recognize the need for inspection and the
assurance that they are not missing any safety related items. Many
companies and owner operators are qualified to perform the safety
inspections themselves. The ATA would incur the four to six
million dollar cost under the proposed inspection system and in
addition, the system would not add to the net safety of the
equipment and drivers on the road. Mr. Dillon stated that under
the federal inspection standards Alaska is the safest state both by
milage and by tonnage to run equipment in.
Number 2258
REPRESENTATIVE ELTON asked Mr. Dillon if the federal guidelines are
implemented through a committee substitute what would the
enforcement method be; would the industry enforce itself.
Number 2272
MR. DILLON replied that the Commercial Vehicle Unit consists of a
sergeant, a trooper and four inspectors. Their job is to provide
an oversight and to make sure the inspections are being performed
correctly. He stated that it is not the same person performing all
the inspections.
Number 2305
STUART HALL, Ombudsman, Legislative Agencies and Offices, stated
that the state report concerning the operation of the Commercial
Vehicle Inspection Unit arose out of a complaint from an Anchorage
commercial vehicle owner, who suggested that the commercial vehicle
enforcement was causing the operators and the unit to be in non-
compliance with the semi-annual inspections required by the
existing statute. Mr. Hall stated he found this to be true after
his investigation.
Number 2342
MR. HALL stated that on a semi-annual basis 60,000 vehicles need to
be inspected; the Commercial Vehicle Inspection Units was only able
to inspect 1 percent of the 60,000 vehicles. A program change from
semi-annual to annual inspections would still cause the statute to
be in compliance with the federal law not effecting the eligibility
for a federal grant. Mr. Hall further stated that if the program
inspection failed to comply with the federal regulations the
inspection funds would be the only funds in jeopardy not the entire
DOT&PF ISTEA fund.
Number 2407
REPRESENTATIVE ELTON asked if it was correct that on an annual
basis 2 percent of the 60,000 vehicles were being inspected.
MR. HALL stated that to be about right and that Mr. Brownfield
indicated that he has a total five inspectors but he would need
five in Anchorage, two in Kenai, two in Southeast and two in
Fairbanks in order to be able to comply with the existing law.
Number 2442
REPRESENTATIVE ELTON asked if the investigative staff examined what
the appropriate level of inspection should be.
MR. Hall replied no they did not.
Number 2454
BRAD BROWN, sergeant, Alaska State Trooper Vehicle Inspection,
testified via teleconference from Anchorage, stated that the
troopers are trying to do the job correctly and be in compliance
with the MCSR to insure that the annual inspections are being
performed. He stated that it is not possible to inspect every
truck in the state. Mr. Brown addressed the issue of loss of
federal money, and stated that if the ATA does not comply then the
ATA would be sanctioned resulting in a cut back of the enforcement
personnel.
TAPE 97-2, SIDE B
Number 010
REPRESENTATIVE ELTON stated that it seems the law is being amended
to fit the amount of state resources available for inspection
without answering the question of how much inspection is necessary.
He stated he is not sure the decision should be just based on
resources verses being based on what is necessary.
Number 052
CHAIR MASEK stated that safety and inspection matters are very
important and the committee, while working on a committee
substitute will address all concerns involved to work towards the
common goal of safety.
Number 071
CHAIR MASEK stated hearing no further comments, the committee will
take this matter up in a future meeting to work on a committee
substitute for HB 83.
ADJOURNMENT
CHAIR MASEK adjourned the House Transportation Committee at 2:02
p.m.
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