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.