Legislature(2003 - 2004)
05/03/2003 09:10 AM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 280
An Act relating to the regulation of commercial motor
vehicles to avoid loss or withholding of federal
highway money, and to out-of-service orders concerning
commercial motor vehicles; amending Rule 43.1, Alaska
Rules of Administration; and providing for an effective
date.
AVES THOMPSON, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
MEASUREMENT STANDARDS AND COMMERCIAL VEHICLE ENFORCEMENT,
DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES, ANCHORAGE,
stated that HB 280 would transfer certain authority to
regulate commercial motor vehicles from the Department of
Public Safety to the Department of Transportation and Public
Facilities. The change is needed to avoid losing federal
highway money. The bill would also directly amend Rule 43.1
of the Alaska Rules of Administration.
Under current law, the authority to adopt regulations
regarding commercial motor vehicles is divided amongst:
· Department of Administration for licensing of drivers
of commercial motor vehicles;
· Department of Transportation & Public Facilities for
matters relating to commercial motor vehicle
inspections; and
· Department of Public Safety for all matters relating to
commercial motor vehicles.
Under HB 280, the authority to adopt regulations necessary
to avoid loss or withholding of federal highway money would
be vested in the Department of Transportation & Public
Facilities except for matters that relate to licensing of
drivers for commercial motor vehicles.
Mr. Thompson continued, the bill would correct an oversight
that occurred when implementing Executive Orders (EO) 98 and
99 in 1997. EO 98 transferred the responsibility for
commercial motor vehicle safety inspections from the
Department of Public Safety to the Department of
Transportation & Public Facilities. EO 99 transferred most
functions related to motor vehicles found in Title 28 from
Department of Public Safety to the Department of
Administration. After the issuance of EO's 98 and 99, the
Department of Public Safety retained the authority to adopt
regulations related to commercial motor vehicles, except for
safety inspections and driver licensing. HB 280 would
transfer the remaining regulation authority in Department of
Public Safety relating to commercial motor vehicles to the
Department of Transportation & Public Facilities. The
Department needs the authority to adopt those regulations to
avoid the loss or withholding of federal funding.
He added that the Federal Motor Carrier Safety
Administration regulations provide that a State becomes
ineligible for basic program or incentive funds under the
Motor Carrier Safety Assistance Program for failure to adopt
any new regulation or amendment to the Federal Motor Carrier
Safety Regulations (FMCSR) or the Hazardous Materials
Regulations (HMR) within three years of the effective date.
Since the State's adoption of federal regulations pertaining
to Division of Motor Vehicles (DMV) operations,
driver/vehicle safety standards and hazardous materials
transport has not been updated since 1995; Alaska is out of
compliance.
Alaska will receive $685.5 thousand dollars in basic program
and incentive funds in FY03. Loss of those funds through
failure to pass the legislation and the subsequent failure
to adopt the current regulations would virtually eliminate
the commercial vehicle safety enforcement effort in Alaska.
The Alaska Trucking Association (ATA), Teamsters Local 959
and the Associated General Contractors of Alaska support the
bill provisions correcting the regulation adoption authority
problems and supporting the language in existing statute.
The Departments of Public Safety and Administration also
support the legislation.
Co-Chair Harris asked if the Teamster's support the bill.
Mr. Thompson replied that they do and he noted that he did
not object to Amendment #1.
Representative Croft MOVED to ADOPT Amendment #1. (Copy on
File). He stated that the amendment would provide a title
change on Page 1, Line 3, inserting language "moves
authority for commercial motor vehicle regulation from the
Department of Public Safety to the Department of
Transportation & Public Facilities". There being NO
OBJECTION, Amendment #1 was adopted.
Representative Croft inquired why a fix could not have been
accomplished through an Executive Order rather than a
statutory change. Mr. Thompson explained that was an
oversight.
Representative Foster MOVED to report CS HB 280 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 280 (FIN) was reported out of Committee with a "do
pass" recommendation and with fiscal note #1 by the
Department of Administration.
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