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.