Legislature(1993 - 1994)
02/08/1994 03:00 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 456
HB 325 - MOTORCYCLE SAFETY
REP. TOM BRICE, Prime Sponsor of HB 325, pointed out to the
committee that there was a committee substitute in their
packets that would transfer the responsibility of a
motorcycle safety program from the Department of
Transportation to the Department of Public Safety.
REP. BRICE stated that the issue came up over the interim
based on the Attorney General's opinion stating that the way
the current statute is written we could require a helmet to
anyone not singly licensed to drive a motorcycle. In other
words, you would have to be licensed to drive a motorcycle
and nothing else. This was an attempt by the Department of
Transportation to find a way through existing statute to
mandate motorcycle operators to wear a helmet in order to
come into compliance with ISTEA (Intermodal Surface
Transportation Efficiency Act) at the federal level. This
is 180 degrees from the intent of the legislature and the
enforcement procedures of the Department of Public Safety.
There has been no helmet law enforced on drivers over 18 for
the past 17 years. The Attorney General's opinion basically
stated that only 122 people in the state are not required to
wear helmets.
REP. BRICE added that the only thing HB 325 does is clarify
the current statutes to take the word "singularly" out.
Stated simply, Alaska does not require helmets of drivers of
motorcycles 18 and older.
Number 540
JEFF BLUME testified from Ketchikan in support HB 325. He
stated that the Ketchikan Harley Riders Association supports
motorcycle safety training as this training has been proven
to reduce accidents and fatalities. He stated that the
biggest problem with motorcycle safety training is the high
cost of liability insurance to conduct such training.
MR. BLUME expressed a concern regarding the changes proposed
to AS 28.35.245, which were:
1) The deletion of reference to AS 25.20.010, the age of
majority. He said you would lose the following language
regarding a person: "thereafter has control of the person's
own actions and business and has all rights and is subject
to all liabilities of citizens of full age." By eliminating
this the bill has lost the definition of rights and
responsibilities guaranteed in AS 25.20.010.
2) By deleting reference to AS 28.15.041, classification of
drivers license, the bill has lost the following language
regarding modification of regulations: "the regulation and
any subsequent modification under this section becomes
effective only if approved by concurrent resolution adopted
by a majority vote in each house of the legislature." Mr.
Blume stated that with these changes the bill has lost the
connectivity between AS 28.35.245 and AS 28.15.041.
MR. BLUME noted that a problem arose several years ago when
seemingly straightforward legislation regarding insurance
was enacted and it virtually eliminated the availability of
insurance in Alaska for motorcyclists.
Number 607
SCOTT HAMANN, President of the Kenai Peninsula ABATE
(Alaskan Bikers Advocating Training and Education),
testified from Soldotna that wearing a helmet does not
necessarily save a person. In fact, there are statistics
available to show just the opposite. Mr. Hamann stated he
is a helmet expert, tests them, and has boxes full of pieces
of them. He added that if you look at the statistics of
states that allow their citizens the choice whether or not
to use a helmet, you'll find they are safer.
Number 636
STEVE CASWELL testified from Soldotna in support of HB 325.
He added that promoting safety training is a lot more
productive than promoting safety items without good back-up.
Number 645
CHUCK MITCHELL, President of Fairbanks/Tannana Valley ABATE,
testified from Fairbanks in support of HB 325. Mr. Mitchell
dittoed the testimony given and added that we should
educate, not legislate, to save more lives.
Number 655
TIM ROGERS, member of ABATE and the Christian Motorcycles
Association, testified from Fairbanks that education, not
legislation will save lives.
TAPE 94-10, SIDE B
Number 001
BRUCE OCKRASSA, President of ABATE of Anchorage, and a
member of AMA, testified from Anchorage in support of HB
325. Mr. Ockrassa stated that HB 325 contains three basic
points: 1) the right to choose; 2) addresses the potential
risk of brain stem injuries caused by helmet use; and 3) the
establishment of a motorcycle safety program.
Number 043
GARY SAMPSON testified from Seward in support of HB 325. He
explained that several years ago he sustained a minor head
injury, not from riding his motorcycle, but from slipping on
his front stairs. Mr. Sampson believes that the wearing of
helmets in cars would have a much greater impact than
wearing one when riding a motorcycle. He added that the
greatest asset that a motorcyclist has when riding is being
able to see and hear and a helmet restricts these senses.
Number 080
MARTHA MOORE, Emergency Medical Services Section of the
Division of Public Health, Department of Health and Social
Services, read a statement into the record. Ms. Moore
stated the Division opposes HB 325 as they are convinced it
will be ineffectual in saving lives, preventing serious head
injury and disability, and would do nothing to reduce the
costs of motorcycle crashes born by the public.
MS. MOORE outlined the history of the withholding of funds
by the federal government from states who didn't have a law
mandating motorcycle drivers and passengers wear approved
helmets. By 1975 all but three states had helmet laws. In
1976, in response to motorcycle groups, the federal
government stopped the practice of withholding funds for
this reason. The result was 28 states weakened or repealed
their laws.
MS. MOORE stated that as a result of the above, researchers
have had the ability to compare the effects of having a
universal helmet law and a partial helmet law compared to no
law at all within the same individual state. The research
has shown that having a partial helmet law is similar to
having no law at all.
MS. MOORE said that more than 90% of all motorcycle
fatalities occur to people over 18; 92% of all crashes
involve people 18 and over.
MS. MOORE asserted that a partial law, as in Alaska, is very
hard to enforce because law enforcement can't tell at a
glance how old a rider is, so compliance is very low.
MS. MOORE said that in states that have universal helmet
laws, helmet usage is 95% or better, while states with no or
partial helmet laws have compliance under 50%
MS. MOORE commented that states with no or partial helmet
laws have more head and neck injuries, while states that
instituted helmet laws have seen a significant drop.
MS. MOORE stated that studies have shown that people who
have gone through safety programs are more likely to crash
than people who didn't.
MS. MOORE acknowledged that opponents of mandatory helmet
laws assert that they should be allowed to make their own
choices as it only affects them. Ms. Moore contended that
it is not true. In fact, the moment a motorcyclist crashes,
public funds are involved and continue to be so in every
part of treatment and rehabilitation.
MS. MOORE stated that nationally 60 to 70% of motorcyclists
involved in motorcycle crashes do not pay for their care.
Motorcyclists not wearing helmets are less likely to have
insurance.
Number 200
REP. SITTON asked Ms. Moore, if helmets are so helpful to
bikers, why doesn't the state require auto drivers to wear
them as well.
MS. MOORE replied that air bags and seat belts have gone a
long way towards eliminating serious head injuries.
Number 222
REP. SITTON referred back to the figures Ms. Moore testified
to regarding a $35 million increase in Medicaid cost in
Texas during the year they did away with the helmet law.
Rep. Sitton asked how many accidents prompted that figure.
MS. MOORE replied that the study was done over a number of
years and she did not have that information but would get it
for the committee.
Number 231
REP. SITTON asked if the Division of Public Health had done
a study to determine the number of accidents caused by
motorcyclists wearing helmets.
Number 236
MS. MOORE responded that Alaska had not done such a study,
but there have been studies done that have shown that over
90% of the time motorcyclists who crash, crash into
something in the 80 degree range of vision or within a 160
degree range. She added that helmet standards require a 200
to 220 degree vision.
Number 245
REP. PORTER stated that it is necessary to look side to side
in order to be safe in riding a motorcycle, and if you do
that you can not see in front of you with a helmet on.
Number 258
MS. MOORE stated that motorcycle crashes are usually the
fault of the person in the vehicle.
Number 270
REP. PORTER responded that the concept of defensive driving
comes into play in her testimony. Its important for the
motorcyclist to be aware of all the hazards around.
Number 286
MS. MOORE suggested that a motorcyclists will turn his head
the same way with or without his helmet on.
Number 303
REP. PORTER asked for clarification regarding Ms. Moore's
testimony on motorcycle riders not wearing helmets and
insurance; also, the testimony on the correlation between
states with safety programs and the number of accidents they
have.
MS. MOORE reiterated her testimony that the studies have
shown that motorcyclists who don't wear helmets are less
likely to have insurance. Ms. Moore added that the studies
have shown that accidents increase for those who complete
safety training.
Number 316
STEVEN RASMUSSEN testified in Juneau that he has been riding
motorcycles for over 30 years and has always had the choice
of whether or not to wear a helmet. Sometimes he does and
sometimes he doesn't, and he has never cost the state any
money. Mr. Rasmussen stated he has been involved in the
accumulation of tens of thousands of signatures against any
infringement of the cyclist's right to wear anything they
want when riding.
MR. RASMUSSEN added that a motorcycle safety program would
help young riders and women in becoming safer rides.
Number 335
JUANITA HENSLEY, Chief, Drivers Services, Division of Motor
Vehicles, Department of Public Safety, testified that her
agency certifies defensive courses for automobiles and they
license and certify commercial driving schools to teach
driver training. Ms. Hensley stated the Department feels
they can implement a motorcycle safety program without any
additional costs.
Number 360
CHAIRMAN HUDSON asked what the present process was for
certification of these programs similar to the one proposed
in Section 2 of this bill.
Number 365
MS. HENSLEY stated that currently the certification process
starts with an application processed through the driver
improvement office in Anchorage. The instructor must be
certified through AAA or the National Council on Driving and
Safety. After that they are required to teach a certain
number of hours to be able to teach safe driving.
Number 389
CHAIRMAN HUDSON stated that it seemed with this bill we are
affirming that we do not intend to embrace the federal law.
Number 430
REP. BRICE disagreed with Chairman Hudson's statement. He
stated that whether or not we embrace the federal law is
incumbent upon the Senate acting on SB 110. Rep. Brice
added that this bill just clarifies the current language we
have to bring the statutes in line with the enforcement
policy.
REP. BRICE added that HB 325 would make it perfectly clear
that the Attorney General's Office can't write an opinion
while the legislature is out of session saying something
that is 180 degrees from what the legislature intended.
REP. BRICE told the committee that the Attorney General's
Office issued an opinion last interim that stated that since
only singularly licensed operators are not required to wear
a helmet, therefore the State was in substantial compliance
with the ISTEA regulations, therefore we should receive our
federal funds.
Number 436
MS. HENSLEY informed the committee that the AG's opinion
Rep. Brice was referencing has been withdrawn.
MS. HENSLEY told the committee that the ISTEA funds have
already been sanctioned for the 2.7 million dollars. Those
funds, as of October 1, 1994, will automatically come over
from the highway construction funds to 402 highway safety
funds.
MS. HENSLEY added, if we do not have a motorcycle helmet law
by this session, then by October 1, 1994, an additional 3%
will be transferred over to the highway funds.
Number 450
CHAIRMAN HUDSON asked who gets the $2.6 million and what
will be done with it.
Number 455
MS. HENSLEY replied that the money will be transferred into
the highway safety planning agencies program and they will
be available through the grant process.
Number 465
REP. WILLIAMS asked Ms. Hensley about the results of the
California studies Ms. Moore referenced in her testimony.
Number 470
MS. HENSLEY agreed that from her reading of studies, crashes
have increased after persons take defensive driving or
safety programs. They believe this is a result of the
person's confidence levels being higher and taking more
risks.
Number 485
REP. PORTER moved the L&C committee substitute. No
objections were heard; it was so ordered.
REP. PORTER moved CSHB 325(L&C) with individual
recommendations and a zero fiscal note. No objections were
heard; it was so ordered.
CHAIRMAN HUDSON adjourned the committee at 4:30 p.m.
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