Legislature(2003 - 2004)
05/14/2003 09:35 AM Senate TRA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
May 14, 2003
9:35 a.m.
MEMBERS PRESENT
Senator John Cowdery, Chair
Senator Gene Therriault
Senator Georgianna Lincoln
Senator Donny Olson
MEMBERS ABSENT
Senator Thomas Wagoner, Vice Chair
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 280(FIN)
"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;
moving authority for commercial motor vehicle regulation from
the Department of Public Safety to the Department of
Transportation and Public Facilities; amending Rule 43.1, Alaska
Rules of Administration; and providing for an effective date."
MOVED CSHB 280(FIN) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 250(FIN)
"An Act relating to protests of state contract awards, to claims
on state contracts, to the arbitration of certain state
construction contract claims, and to hearings and appeals under
the State Procurement Code; making conforming amendments in the
State Procurement Code; and providing for an effective date."
MOVED CSHB 250(FIN) OUT OF COMMITTEE
PREVIOUS ACTION
HB 250 -No previous action to record.
HB 280 -No previous action to record.
WITNESS REGISTER
Barbara Cotting
Staff to Representative Jim Holm
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 250
Richard Cattenach
No address provided
POSITION STATEMENT: Testified on HB 250
Aves D. Thompson
Director, Division of Measurement Standards &
Commercial Vehicle Enforcement
Department of Transportation &
Public Facilities
3132 Channel Dr.
Juneau, AK 99801-7898
POSITION STATEMENT: Testified on HB 280
ACTION NARRATIVE
TAPE 03-21, SIDE A
CHAIR JOHN COWDERY called the Senate Transportation Standing
Committee meeting to order at 9:35 a.m. Present were Senators
Gene Therriault, Georgianna Lincoln, Donny Olson and Chair John
Cowdery. The first order of business to come before the
committee was HB 250.
HB 250-STATE CONTRACTS
CHAIR COWDERY announced the committee heard the Senate version
of the bill previously. He described it as a clean up bill to
settle contract disputes expeditiously.
BARBARA COTTING, staff to Representative Jim Holm, said the bill
is the mirror of SB 125.
DICK CATTENACH testified via teleconference from Anchorage. He
said the bill deals with three problems:
· Timeliness of decisions - Redundancies would be removed
· Fairness of decisions - Hearing officers would be
independent of the department
· Cost of the process - Rules 68, 79 and 82 would encourage
quick settlement of claims - Prevailing party recovers a
portion of legal fees
He said he was unaware of any opposition.
SENATOR OLSON asked him to expand on the fee payment to the
prevailing party.
MR. CATTENACH replied the prevailing party would receive a
portion of the legal fees.
SENATOR OLSON asked if there was any provision for the party
that doesn't prevail.
MR. CATTENACH replied the losing party pays their own fees.
SENATOR GEORGIANNA LINCOLN asked if there were any concerns
expressed on SB 125.
CHAIR COWDERY said there were questions relating to the
procurement code but those were addressed in both bills.
SENATOR THERRIAULT made a motion to move CSHB 250 (FIN) from
committee with attached indeterminate fiscal note and individual
recommendations. There being no objection, it was so ordered.
HB 280-COMMERCIAL MOTOR VEHICLES:REGULATIONS
AVES THOMPSON, Director of the Division of Measurement Standards
& Commercial Vehicle Enforcement in the Department of
Transportation & Public Facilities (DOTPF), said his division is
responsible for: commercial vehicle size, weight and safety
enforcement; and commercial vehicle operating credentials; and
for enforcing and maintaining standards for weights and measures
used in commerce in Alaska. The key elements of the commercial
vehicle safety program include the fixed weight station and
mobile commercial vehicle enforcement.
Commercial vehicle enforcement officers conduct driver vehicle
safety inspections, enforce size and weight regulations and
inspect hazardous materials that are transported.
Beginning in FY 1998, the division was consolidated to DOTPF to
provide more convenient and efficient program management.
Although largely successful, the authority to promulgate
regulation for driver vehicle safety requirements and hazardous
materials transport wasn't transferred at that time and still
resides in the Department of Public Safety. HB 280 transfers
that authority to DOTPF and completes the consolidation.
Except for matters that relate to drivers of commercial motor
vehicles, the bill gives the authority to adopt regulations
necessary to avoid withholding of federal highway money to
DOTPF. The regulations address equipment standards, working
conditions for drivers and vehicle inspection standards. The
hazardous materials transport regulations deal with
notification, movement, labeling and documentation of the same.
HB 280 also sets a prohibition against operating a commercial
motor vehicle after it is placed out of service under a
regulation adopted under Title 19. Other sections provide for
changes to the bill schedule and allow for a transition period
for the existing regulation to continue until the new
regulations are adopted.
Federal motor vehicle safety regulations provide that a state
becomes ineligible for program or incentive funds under the
Motor Carrier Assistance Program for failure to adopt new
regulation or amendment to the federal regulations within three
years of the effective date. Adoption of the changes hasn't
occurred since 1995 and the state is out of compliance. In FY
03, Alaska will receive more than $685,000 in basic program and
incentive program receipts. Passage of HB 280 is important so
DOTPF has the authority to adopt the regulations and avoid the
loss of future federal funding.
CHAIR COWDERY commented the bill is important. He asked for a
motion.
SENATOR THERRIAULT motioned to move CSHB 280(FIN) and attached
zero fiscal note from committee with individual recommendations.
There being no objection, it was so ordered.
There being no further business to come before the committee,
Chair Cowdery adjourned the meeting at 9:47 pm.
| Document Name | Date/Time | Subjects |
|---|