Legislature(2011 - 2012)HOUSE FINANCE 519
04/04/2012 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB190 | |
| HB365 | |
| HB212 | |
| HB294 | |
| HB255 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 289 | TELECONFERENCED | |
| + | HB 255 | TELECONFERENCED | |
| + | HB 294 | TELECONFERENCED | |
| + | HB 365 | TELECONFERENCED | |
| + | HB 212 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 190 | TELECONFERENCED | |
HOUSE BILL NO. 212
"An Act relating to requirements for persons holding
provisional drivers' licenses."
2:38:01 PM
Vice-chair Fairclough MOVED to ADOPT the committee
substitute for HB 212, Work Draft 27-LSO738\I as a working
document. There being NO OBJECTION it was so ordered.
REPRESENTATIVE CHARISSE MILLET introduced her support
staff.
JESSICA LUKIN, SELF, testified that the Alaska Graduated
License Program was a three-step program designed to
develop safe driving habits, as well as to slowly introduce
young drivers to Alaskan road systems. One of the steps in
the program was graduating from an instructional permit to
a provisional license. Having a provisional license had the
following restrictions:
· Driver may not carry passengers unless one of the
passengers was at least 21 years of age
· Passengers under the age of 21 must be siblings
· Driver may not operate vehicle between the hours of 1
AM and 5 AM unless accompanied by a person at least 21
years of age
Ms. Lukin continued that although the restrictions were in
place, they were generally ignored by many young drivers.
She directed committee attention to her presentation titled
"Novice Driver Safety: Safer Alaskan Roads for Alaskan
Drivers." She testified that she had recently had the
experience of participating in the Juneau Close-Up program.
As homework she had been required to study state and local
government, and to present an idea for legislation to a
state representative or senator; the product was HB 212.
Ms. Lukin cited page 2 of her presentation, which was a
photograph of the car she and her family had been extracted
from after being struck head-on by a teenaged driver. She
shared that the accident had moved her to advocate for
safer teen driving practices. She continued to page 3
titled, "Cause of death among teenagers between 1999-2006."
The chart highlighted that of the 48 percent of
unintentional injuries suffered by teenagers in the United
States, 73 percent were motor vehicle traffic accidents.
Page 4 illustrated the Alaska Statistics for Drivers 14-16
(2004-2008). She pointed out that out the numbers were
highest in 2008. Page 5 cited more statistics for drivers
16-17, specifically the total drivers in fatal crashes by
age in Alaska from 2002 to 2011. She noted that there was
no information available of the effects of the accidents on
the occupants of the other vehicles or the general public.
Page 6, titled "Provisional Licensed Drivers" listed that
provisional licensed drivers were hazardous due to:
· Apprehension
· Lack of experience
· Weather conditions
· No driver's education requirement
· Alaska's diversity from other states
2:42:39 PM
Ms. Lukin continued with page 7, titled "Solution":
· A person holding a provisional driver's license shall
display in the rear window of each vehicle operated by
the person a sticker issued by the department that
identifies that the vehicle is operated by a
provisional licensee.
Ms. Lukin directed the committee's attention so page 8,
which contained pictures of the proposed stickers as they
were used in other areas of the world. She continued to
page 9, titled "Why This Solution?"
· This is a simple solution to benefit Alaskan drivers
· It will impress other driver's to be more cautious
driving around the novice driver
· It will provide other drivers the information
necessary to understand the Provisional Licensee's
position
· This will assist law enforcement officers in
implementing the law
Ms. Lukin continued to page 10, titled "Enforcement":
· Failure to display a sticker as required by this
subsection is an infraction and may be punished by a
fine of not more than $200
Ms. Lukin continued to page 11, which suggested what might
occur if the bill were passed into law:
· The State of Alaska will supply the Department of
Motor Vehicles with stickers to distribute to those
persons acquiring an Provisional License
· Those acquiring a Provisional License will pay for the
sticker as part of the permitting process
· Sticker will be placed on the rear window of the
operating vehicle.
Ms. Lukin concluded with page 12, "Summary":
· Teen drivers with Provisional License are
statistically more hazardous to themselves and other
Alaskans
· Require Provisional drivers to identify their status
· Reduce the number of accidents and infractions in
Alaska, and help save Alaskan lives
2:45:28 PM
Vice-chair Fairclough noted that tinted windows could
interfere with sticker visibility. She added that page 2,
lines 15-16 indicated that communities under 500 people
would not need to apply, creating a new threshold under
state law. She felt that a threshold already written into
statute should be used.
Ms. Lukin responded that the new threshold was necessary
because it was assumed that smaller, less populated, rural
areas would have less actual miles of drivable road.
Vice-chair Fairclough requested a response from the
Department of Motor Vehicles (DMV). She shared the story of
the tragic death of a young woman in her community. The
young woman's mother had queried whether the tragedy could
have been avoided if she had been driving with a passenger.
She suggested that the sticker on a vehicle could be a
problem if exploited by a predator searching for easy
victims.
Ms. Lukin agreed that the situation had been tragic. She
noted that the victim had not been underage and pointed out
that any person anywhere could be stalked by a sexual
predator. She shared that she had talked with the manager
of the special Department of Traffic Safety in New Jersey,
where the bill had been implemented, and had learned that
research had shown that sexual predators were more likely
to use the internet to target victims.
Vice-chair Fairclough requested that the legislation be
held until further research could be done. She noted that
Alaska had the highest rates of domestic violence and rape
in the country. She pointed out to the committee that the
Covenant House was located in downtown Anchorage, and that
predators walked 4th and 5th Avenues in Anchorage waiting
for an opportunity to strike. She asserted that she was not
trying to kill bill, but wanted more input from the
community.
2:52:45 PM
Vice-chair Fairclough continued her questioning. She asked
about small communities that had a population of under 500
people. She understood that the communities would need to
enforce the stickers if they were on the road system.
Ms. Lukin replied in the affirmative. She added that she
had talked to members of the Anchorage Police Department
while researching weather the victims of sexual
statistically knew their predators. She reported that
statistically, victims of sexual assault knew their
attackers prior to the assault.
Vice-chair Fairclough agreed that most victims of sexual
assault knew their attackers.
Co-Chair Stoltze mentioned in gangs in Florida had targeted
rental cars with visible stickers; out-of-state drivers did
not qualify under the right-to-carry law and would
therefore be unarmed.
2:55:38 PM
Representative Wilson requested further risk research done.
She queried whether males would be more reckless than
female drivers. She wondered if there were statistics
available showing that incidents of accidents involving
teenaged drivers in New Jersey had lessened under the
legislation.
Ms. Lukin explained that the goal of the legislation was to
provide new drivers a wider berth from more experienced
drivers. Additionally, it would aid law enforcement in
catching teenage drivers carrying too many passengers. She
shared that school districts in Wasilla and Eagle River had
reported problems with teens driving with too many underage
passengers at lunch and after school. She noted that most
accidents involving teenaged drivers occurred during after
school hours.
Representative Wilson expressed concern that police would
be pulling over cars with many passengers, and a sticker in
the window, even if it was driven by an adult.
2:58:51 PM
Ms. Lukin highlighted that new subsection (c) had been
added to the legislation in order to speak to
Representative Wilson's concerns. She said that driving was
a responsibility and that teen drivers should go through a
checklist every time they got in the car; checking lights
and turn signals, making sure they have their license,
checking for the sticker in the back window, and all other
safety precautions.
Representative Wilson suggested that Ms. Lukin might
understand when she was older, and a mother, that young
people would not take the listed necessary precautions. She
offered that Ms. Lukin would "understand when she was
older."
3:00:31 PM
Representative Neuman applauded the effort of the bill. He
asserted that teenagers were already "cop magnets". He
wondered how it could be ensured that young people were not
being treated as a second class. He voiced strong support
for preliminary driver's education courses. He thought that
the bill infringed on the rights of teenagers and made them
targets for the police.
Ms. Lukin replied that creating a second class was not the
intention of the legislation. She reiterated that the goal
was to keep drivers on the road safe from new,
inexperienced, aggressive, young drivers. She noted that
the success of the program could not be measured until the
program had time to take actual affect.
Representative Neuman worried that the legislation would
tax the already limited Alaska State Troopers, and would
slow their response time. He believed that there were many
public safety concerns that should be considered.
3:05:47 PM
Representative Doogan spoke in favor of the legislation. He
shared that between the ages of 16 and 19 he had wrecked 3
automobiles. He shared Ms. Lukin's concern about young
drivers, and hoped that the discussion would be fruitful.
Representative Edgmon asked if research for the legislation
had revealed that law enforcement might be more
accommodating to a teenager with a sticker in their window.
Ms. Lukin replied in the negative. She believed that if the
officer saw a sticker they might be a bit more gracious and
take the status as a new driver into consideration when
weighing any small infraction.
Representative Edgmon asked if New Jersey had encountered
savings on car insurance due to the legislation.
Ms. Lunkin replied that insurance companies might be
willing to give breaks to users of the program.
3:09:15 PM
Representative Joule relayed that society often wanted the
younger population to accept responsibility for their
actions, and that the bill was offering a way to do so. He
qualified that the legislation needed to be examined
further.
Ms. Lukin stressed that the benefit of the legislation
would be that lives would be saved. She shared that she
looked forward to working with the committee on drafting a
comprehensive piece of legislation.
Co-Chair Stoltze OPENED public testimony.
WHITNEY BREWSTER, DIRECTOR, DIVISION OF MOTOR VEHICLES (via
teleconference), testified that the DMV currently had
approximately 6250 unexpired provisional license holders.
She noted the zero fiscal note attached to the bill. She
shared that the static-cling decal would cost $.25, which
would cost less than $1000 to administer. She said that
there were rural exemptions for vehicle registration and
insurance requirements, as well as commercial driver's
licenses in communities that were off the road system, and
had a daily traffic volume of 499 or less. She said that
the provision would protect communities that had a daily
traffic volume over 500, but were still considered very
rural. She noted that some rural communities did not have
access to a DMV office, and would not be required to have
the provisional sticker.
3:15:49 PM
RODNEY DIAL, LIEUTENANT, ALASKA STATE TROOPERS, KETCHIKAN
(via teleconference), testified that the department was
neutral on the bill.
Vice-chair Fairclough reiterated her concern that by
applying the sicker, young drivers would be advertising
that they were alone in their vehicles, and could be
targeted by predators.
Mr. Dial responded that he understood the concern, but that
the department had no basis to form an opinion on the
matter at this time.
Vice-chair Fairclough informed the committee that some of
the smaller communities in the state had very high rates of
child abuse. She maintained concern for signaling that
youths were driving by themselves.
Mr. Dial stated that the safety of young people in Alaska's
communities was the top priority for the department. He
said that if the legislation were passed the department
would diligently research any possible consequences.
Co-Chair Stoltze asked Mr. Dial remembered the situation in
Florida of gangs targeting tourists.
Mr. Dial responded in the affirmative.
3:19:34 PM
Vice-chair Fairclough suggested that drivers with multiple
drunk driving violations could also be required to put a
sticker in their window. She requested a response from the
Department of Law.
HB 212 was HEARD and HELD in committee for further
consideration.
3:21:49 PM
AT EASE
3:29:37 PM
RECONVENED