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.