Legislature(2003 - 2004)
04/22/2004 09:03 AM Senate FIN
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CS FOR HOUSE BILL NO. 213(FIN)
"An Act relating to a provisional driver's license and to
issuance of a driver's license; and providing for an effective
date."
This was the second hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken reminded that this bill, "implements a graduated
driver's license system."
REPRESENTATIVE WEYHRAUCH, Sponsor, noted he was available to answer
any questions.
Amendment #1: This amendment deletes "for the first six months
after receiving a provisional driver's license" from AS
28.15.057(b)(1) amended in Section 3 on page 2 line 20. The amended
language reads as follows.
(1) operate a motor vehicle that is carrying any
passengers
Co-Chair Wilken moved for adoption and objected for an explanation.
Representative Weyhrauch stated this is a technical amendment in
that the six-month provisional driver's license is already
addressed in Section 2.
Co-Chair Wilken removed his objection and the amendment was ADOPTED
without objection.
Amendment #2: This amendment inserts a new bill section on page 1,
following line 3 to read as follows.
Section 1. AS 28.05.095(e) is amended to read:
(e) Notwithstanding any other provision of law, a peace
officer may not stop or detain a motor vehicle to determine
compliance with (a) of this section, or issue a citation for a
violation of (a) of this section, unless
(1) the driver has a provisional license; or
(2) the peace officer has probable cause to stop or
detain the motor vehicle other than for a violation of (a) of
this section.
New Text Underlined [DELETED TEXT BRACKETED]
Senator Bunde moved for adoption.
Co-Chair Wilken objected for discussion purposes.
Senator Bunde assured this amendment is not intended to make "life
difficult" for those with provisional driver's licenses, but rather
to stress the importance of wearing seat belts and to creating
habits for rest of the driver's life.
Representative Weyhrauch did not object to the amendment.
Senator Dyson noted that a peace officer could not stop a vehicle
for this offense unless the driver has provisional driver's
license.
Senator Bunde replied that the peace officer could recognize the
younger age of the driver.
Senator Dyson surmised this would encourage profiling.
Senator Bunde remarked that if successful in increasing seatbelt
use, such profiling would be acceptable.
Senator Dyson expressed, "Pragmatists scare me."
Senator Olson predicted that the efforts required to enforce this
law could encumber peace officers, in that it would divert energy
from higher priorities.
Co-Chair Green asked if this provision would apply to all licensed
drivers in the State.
Senator Bunde replied that any driver in this age group could be
affected. He pointed out that State law requires seat belt use and
the only "nuance" is that for older drivers, seat belt violations
could only be issued as a secondary offense.
Co-Chair Green referenced other pending legislation would allow
seat belt use violations to be issued as a primary offense to all
drivers.
Senator Bunde affirmed, but noted that this other legislation has
yet to pass the House of Representatives.
Co-Chair Green asked if that legislation passes whether this
provision is necessary.
Senator Bunde answered that it would not.
Senator Olson posed a situation of an older vehicle without
installed seatbelts, and asked what assurance drivers of those
vehicles have that they would not be issued citations.
Senator Bunde remarked that Alaska law requires seatbelt use.
Senator Olson qualified that vehicles without manufacturer-
installed seatbelts are exempt.
Senator Bunde informed that 30 years ago he was able to install a
seatbelt in a vehicle and he surmised this could still be done.
Senator Olson contended that installation standards are more
stringent today than 30 years ago.
Co-Chair Wilken removed his objection to the adoption of the
amendment.
Co-Chair Green objected to the adoption of the amendment.
Senator Hoffman asked about issuing citations to a driver seven
months after receiving a driver's license, essentially one-month
after completion of the provisional driver's license term.
Senator Bunde replied that no primary citation would be issued.
Senator B. Stevens requested the sponsor's opinion on the
amendment.
Representative Weyhrauch reiterated that he would not object to the
amendment. He understood from conversations with Alaska State
Troopers that they stop teen drivers without hesitation upon
observation of driving violations. He surmised that witnessing a
young driver with several young passengers in the vehicle would be
probable cause for a peace officer to stop the vehicle and check
whether the driver has a provisional driver's license. He commented
that helmet use is required of teen drivers of motorcycles, while
not required of adult drivers, and therefore the distinction has
been established for higher safety requirements based on age.
Co-Chair Wilken understood sponsor did not oppose the amendment,
but would prefer that a Senate committee substitute be
uncontentious and receive concurrence in the House of
Representatives.
Representative Weyhrauch replied he is not concerned that adoption
of this amendment would hamper the bill's ability to pass the House
of Representatives. He explained that an amendment to allow
seatbelt violations as a primary offense for drivers of all ages
would present significant challenges with passage of this
legislation.
Co-Chair Green asked for clarification that the amendment pertained
to violation of seatbelt requirements.
Senator Bunde reported that it was discussed whether to include the
"entire seatbelt bill" in this legislation, but he agreed with the
sponsor that the provisional driver's license program is too
important to jeopardize with any opposition to the seatbelt issue.
Therefore, he pointed out this amendment only applies to holders of
a provisional driver's license.
A roll call was taken on the motion to adopt Amendment #2.
IN FAVOR: Senator B. Stevens, Senator Bunde and Co-Chair Wilken
OPPOSED: Senator Olson, Senator Dyson, Senator Hoffman and Co-Chair
Green
The motion FAILED (3-4)
The amendment FAILED to be adopted.
Co-Chair Green offered a motion to report the bill, as amended from
Committee with individual recommendations and accompanying fiscal
note.
There was no objection and SCS CS HB 213 (FIN) MOVED from Committee
with fiscal note #1 for $13,600 from the Department of
Administration.
DOUG WOOLVIER introduced his daughter MOLLY WOOLVIER, who was
attending the meeting as part of Take Your Child to Work Day. Ms.
Wooliver is seven years old, resides in Anchorage and was on her
first visit to Juneau.
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