Legislature(1997 - 1998)
01/27/1997 01:42 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
January 27, 1997
1:42 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Drue Pearce, Vice-Chairman
Senator Mike Miller
Senator Sean Parnell
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 1
"An Act relating to living and working conditions of prisoners in
correctional facilities operated by the state, and authorizing the
commissioner of corrections to negotiate with providers of
detention and confinement services under contract to apply those
conditions and limitations on services to persons held under
authority of state law at facilities operated under contract or
agreement; relating to services provided to prisoners; amending the
definition of 'severely medically disabled' applicable to prisoners
seeking special medical parole; amending provisions of the
correctional industries program; and extending the termination date
of the Correctional Industries Commission and the program."
- MOVED CSSB NO. 1(JUD) OUT OF COMMITTEE
EXECUTIVE ORDER 98
TRANSFERRING CERTAIN FUNCTIONS FROM DCED AND DPS TO DOT/PF
- HEARD WITH NO STATED OBJECTIONS
PREVIOUS SENATE COMMITTEE ACTION
SB 1 - See Judiciary Committee minutes dated 1/22/97.
WITNESS REGISTER
Senator Donley
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime sponsor of SB 1.
Boyd Brownfield, Deputy Commissioner
Department of Transportation and Public Facilities
3132 Channel Drive
Juneau, Alaska 99801-7898
POSITION STATEMENT: Discussed SB 1.
ACTION NARRATIVE
TAPE 97-2, SIDE A
Number 001
SB 1 "NO FRILLS" PRISON ACT
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:42 p.m. and introduced SB 1 as the first order of
business. He noted at the previous hearing on SB 1, amendments
were adopted which are incorporated into the proposed CS before the
committee.
SENATOR DONLEY , prime sponsor of SB 1, pointed out that in addition
to the amendments previously adopted by the committee, the CS
contains a two year general implementation period. The two year
implementation period eliminates the need for a separate effective
date for the television provisions on page 5, line 16. He
requested the committee to review and delete the language on page
5, line 16, subsection (d), "Subject to (e) of this section, on and
after January 1, 1999,". Senator Donley also noted that intent
language was added to Section 2 of the CS to provide guidance to
the Commissioner and the Department of Corrections regarding the
expected standards.
Number 080
SENATOR PARNELL moved to adopt CSSB 1(JUD), work draft L, dated
1/27/97. Without objection, it was so ordered.
SENATOR PARNELL moved that the language on page 5, line 16,
subsection (d) stating "Subject to (e) of this section, on and
after January 1, 1999," be deleted. Without objection, it was so
ordered.
CHAIRMAN TAYLOR asked if anyone wished to testify on the
legislation before the committee took further action. Hearing
none, he noted his wish to entertain a motion.
SENATOR PEARCE moved to report CSSB 1(JUD) as amended out of
committee with individual recommendations and attached fiscal
notes. Without objection, it was so ordered.
Number 125
EO98
TRANSFERRING CERTAIN FUNCTIONS FROM DCED AND DPS TO DOT/PF
CHAIRMAN TAYLOR announced that Executive Order 98 would be the next
order of business before the committee.
BOYD BROWNFIELD , Deputy Commissioner of the Department of
Transportation and Public Facilities (DOT/PF), explained EO 98
transfers the Weights and Measures Division of DCED, and the
commercial trucking activities of DPS, to DOT/PF. Currently DCED
creates and issues all regulations pertaining to oversize and
overweight trucks while DOT/PF oversees the use of all highways and
bridges by all commercial vehicles, and has the ultimate
responsibility for maintenance and operations (specifically the
conditions and safety of all highways for all of the travelling
public). DCED issues all permits for oversize and overweight
vehicles, and in most cases, needs to discuss each permit with
DOT/PF, and occasionally with DPS, before issuance. DCED also
operates ten fixed weigh stations throughout the state.
MR. BROWNFIELD continued. DPS, through its commercial vehicle
program, provides safety and secondary size and weight enforcement
to the commercial truck and vehicle program by providing mobile
inspection forces throughout the state, specifically in remote
areas. DPS also has the ultimate responsibility for overall law
enforcement and must issue tickets and other violations. The
current system, with its three-department process, is cumbersome
and needs to be streamlined. EO 98 transfers all functions into
one new division under DOT/PF. All three Commissioners, the
Truckers' Association, and the Teamsters' Union support this
consolidation.
MR. BROWNFIELD explained the commercial trucking program in DPS is
considered to be barely sufficient by the Federal Highway
Administration (FHWA). Commercial trucking vehicles obtain a
certain amount of financing from the federal government through the
ISTEA program. If the commercial trucking program standards in
Alaska fall below the current level, sanctions, of up to 10 percent
of the entire ISTEA program ($20 million), could be imposed. EO 98
streamlines the operation, makes it more responsive to the public,
and improves internal efficiency. Furthermore, DOT/PF will be able
to watch ISTEA funding more closely and improve Alaska's standing
in the eyes of the FHWA.
Number 245
CHAIRMAN TAYLOR questioned whether jump scales or mobile units are
being used in Southeast, since no fixed weigh stations exist in
this region. BOYD BROWNFIELD said that was correct. DPS owns and
uses portable scales when there is a need to check or do spot
inspections. The same process is used in the bush.
CHAIRMAN TAYLOR expressed concern that truckers notify each other
when the mobile units are in town and change their load ratios as
a result. He also noted there are fixed scales throughout
Southeast Alaska that are regularly certified by the Division of
Weights & Measures. Those scales are set up by a private contractor
to certify, for example, the number of tons of rock hauled in a
state contract, yet those same scales never seem to be used for the
purpose of weighing other trucks. MR. BROWNFIELD agreed with
Chairman Taylor and noted that truckers not only notify each other
of mobile units, but also when weigh stations on the highway are
open and closed. He added there is a dramatic increase in the
number of heavy trucks passing through those areas when weigh
stations are closed. Mr. Brownfield hoped the consolidation will
make review of this problem easier.
Number 317
CHAIRMAN TAYLOR stated he is aware of the problems inherent in jump
scales but repeated his concern that certified scales set up for
use in state contracts are not being used to weigh other trucks.
He added there is no surprise as to why the volume of heavy trucks
increases in certain areas since signs advertising when weigh
stations will be closed are posted in advance. He asked if
transferring these functions under one division in DOT/PF will
allow some common sense to be applied to these concerns since turf
battles will be eliminated. BOYD BROWNFIELD said that the
Chairman's comments were well taken.
CHAIRMAN TAYLOR noted that Guy Bell was present in order to answer
any questions. No one else wished to testify. With no further
questions, the committee had no objection to EO 98.
There being no further business before the committee, the meeting
was adjourned at 2:06 p.m.
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