Legislature(2007 - 2008)SENATE FINANCE 532

04/04/2008 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 218 CHILD SAFETY SEATS & SEAT BELTS TELECONFERENCED
Moved CSSB 218(FIN) Out of Committee
+= SB 226 VEXATIOUS LITIGANTS TELECONFERENCED
Moved SB 226 Out of Committee
+= HB 326 MILITIA & NAT'L GUARD FIGHT WILDLAND FIRE TELECONFERENCED
Moved CSHB 326(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 218                                                                                                           
                                                                                                                                
     "An Act relating to use of child safety seats and seat                                                                     
     belts."                                                                                                                    
                                                                                                                                
Co-Chair Stedman presented an  overview of three bills on the                                                                   
agenda. He  commented that this  was the first hearing  of SB
226 and,  after taking the  sponsor testimony,  the Committee                                                                   
would hear public testimony.                                                                                                    
                                                                                                                                
Co-Chair Hoffman  MOVED to ADOPT Committee Substitute  for SB
218, work  draft 25-LS1273\C as  the working document  before                                                                   
this committee.                                                                                                                 
                                                                                                                                
Co-Chair Stedman OBJECTED for discussion purposes.                                                                              
                                                                                                                                
9:09:34 AM                                                                                                                    
                                                                                                                                
SENATOR HOLLIS FRENCH presented  an overview of the Committee                                                                   
Substitute   changes.  He   explained   that  the   Committee                                                                   
Substitute  clarified  the  booster  seat  age  requirements.                                                                   
Under the original bill a small  fifteen year old child would                                                                   
be  required  to   use  a  booster  seat,  but   this  proved                                                                   
unrealistic. The  bill now clarified that a  child over eight                                                                   
years  old,   who  did  not   meet  the  height   and  weight                                                                   
requirement,  can  use  a  booster   seat  or  a  seat  belt,                                                                   
whichever is appropriate.  He noted this would  also help law                                                                   
enforcement  who could  simply  inquire about  a child's  age                                                                   
without trying to determine their height and weight.                                                                            
                                                                                                                                
Co-Chair  Stedman  WITHDREW  his OBJECTION.  There  being  NO                                                                   
further OBJECTION, work draft 25-LS1273\C was adopted.                                                                          
                                                                                                                                
9:11:08 AM                                                                                                                    
                                                                                                                                
Senator French presented  an overview of the  bill. This bill                                                                   
notes  that when  children try  to  use adult  seat belts  in                                                                   
place of proper child restraint  devices, injuries occur. The                                                                   
use of a proper  child restraint or booster  seat can prevent                                                                   
injuries. Current  Alaska law states that children  under the                                                                   
age of four must be secured in  a safety device, meeting U.S.                                                                   
Department of  Transportation standards. The bill  places the                                                                   
Department  of Transportation  guidelines  into the  statute.                                                                   
Senator French noted  a chart describing the  age, height and                                                                   
weight requirements for various  safety devices (SB 218 Child                                                                   
Safety  Seats and  Seat Belts,  copy on  file). The  American                                                                   
Academy of Pediatrics  declared that booster  seats are sixty                                                                   
percent safer than  seat belts alone and thirty  eight states                                                                   
now mandate booster  use. He outlined that the  object is not                                                                   
to  punish.  The  first  offense  is  just  a  citation  that                                                                   
disappears once the booster seat is obtained.                                                                                   
                                                                                                                                
9:12:58 AM                                                                                                                    
                                                                                                                                
Senator  French  referred to  the  fiscal note  showing  that                                                                   
Alaska  would be  eligible  for $200,000  a  year in  federal                                                                   
funds.                                                                                                                          
                                                                                                                                
9:13:28 AM                                                                                                                    
                                                                                                                                
Senator Thomas questioned if federal  standards or guidelines                                                                   
provided  information   regarding  the  proper   heights  and                                                                   
weights for the children using booster seats or seat belts.                                                                     
                                                                                                                                
Senator  French   acknowledged   that  the  information   was                                                                   
obtained   from  the   U.S.  Department   of   Transportation                                                                   
guidelines based on their research  and studies. He indicated                                                                   
that on Page 2,  Subsection 3, lines 3-8 is  the new addition                                                                   
to the law.                                                                                                                     
                                                                                                                                
9:14:47 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman addressed the  situation where booster seats                                                                   
may  not be  available in  rural  communities and  questioned                                                                   
what  would  be the  penalties  for  non-compliance.  Senator                                                                   
French mentioned that the first  fine would be a $25 "fix-it"                                                                   
ticket that would  go away when the proper  safety device was                                                                   
purchased.                                                                                                                      
                                                                                                                                
ALYSON BIASTOCK, STAFF, SENATOR  FRENCH, interjected that the                                                                   
first  ticket  would  be  a $50  "fix-it"  fine;  the  second                                                                   
offense would not include the  "fix-it" option. She responded                                                                   
to the question of booster seats  not being available in some                                                                   
communities  by mentioning  they were  available online.  Co-                                                                   
Chair Hoffman asked  how long it would take  to order online.                                                                   
Senator  French  responded that  he  was not  sure.  Co-Chair                                                                   
Hoffman  advised that  it  would  take at  least  a month  to                                                                   
receive one online.                                                                                                             
                                                                                                                                
9:15:52 AM                                                                                                                    
                                                                                                                                
Senator   Olson  revealed   some  villages   have  no   state                                                                   
maintained  roads or  internet  availability. Senator  French                                                                   
responded that if booster child  seats are ignored within the                                                                   
community,  then he  believed  the requirement  will also  be                                                                   
ignored.  He  does  not  see  this  bill  changing  what  the                                                                   
community has made a priority to the local law enforcement.                                                                     
                                                                                                                                
9:17:53 AM                                                                                                                    
                                                                                                                                
PEGGY HAYASHI, REGISTERED NURSE,  CHILDHOOD INJURY PREVENTION                                                                   
STATE-SIDE     COORDINATOR,     CHUGIAK     testified     via                                                                   
teleconference,  and  supported   this  bill.  She  witnessed                                                                   
childhood  injuries   among  non-restrained   children,  both                                                                   
personally  and  professionally.    She  explained  that  the                                                                   
current  law is  difficult  for  many people  to  understand,                                                                   
therefore  this revision  is meant  as  a clarification.  She                                                                   
voiced the  concern of  rural Alaska  by mentioning  that any                                                                   
high-risk  or low  income child  needing a  booster seat  has                                                                   
access by calling a child care  provider or educator who will                                                                   
ensure a booster  seat gets to the child. She  noted the wide                                                                   
range in booster seat costs and styles.                                                                                         
                                                                                                                                
9:21:25 AM                                                                                                                    
                                                                                                                                
Senator  Thomas  remarked that  any  car seat,  whatever  the                                                                   
price, is worth  it for the safety of the child.  Ms. Hayashi                                                                   
agreed  and stated again  that through  grants and  donations                                                                   
hundred of free  seats have been available  throughout Alaska                                                                   
for those that need them.                                                                                                       
                                                                                                                                
GORDON  GLASER, STAFF,  STATE OF ALASKA,  DIVISION OF  PUBLIC                                                                   
HEALTH  AND   COMMITTEE  MEMBER   BOOSTER  SEAT   LEGISLATIVE                                                                   
COALITION,  ANCHORAGE   testified  via  teleconference,   and                                                                   
supported  this  bill.  He  mentioned   this  legislation  is                                                                   
important  because it  does not  add any  new penalties  only                                                                   
clarify  any confusion.  Motor-vehicle  related injuries  are                                                                   
the  second  leading  cause of  hospitalization  and  leading                                                                   
cause  of fatalities  for Alaska  children.  This bill  would                                                                   
help parents and communities understand the law.                                                                                
                                                                                                                                
Co-Chair  Stedman  referred  to  the  one  fiscal  previously                                                                   
mentioned from the Department of Transportation.                                                                                
                                                                                                                                
9:24:59 AM                                                                                                                    
                                                                                                                                
Senator Elton questioned if an  accident with injuries to the                                                                   
child occurred and the parent  did not have the required seat                                                                   
by law would this elevate the accident to a crime.                                                                              
                                                                                                                                
9:25:48 AM                                                                                                                    
                                                                                                                                
Senator  French  responded  that  "it  depends."  They  would                                                                   
probably  not  elevate it  to  a crime  if  it was  just  the                                                                   
improper seat device  for the child, but if  this was coupled                                                                   
with alcohol,  it could be considered reckless  endangerment.                                                                   
Senator   Elton  wondered   if   this  would   implicate   an                                                                   
individual's  insurance policy.  Senator French replied  that                                                                   
the answer would  probably be "no" and the  insurance company                                                                   
would have a hard  time denying coverage for a  child who was                                                                   
injured.                                                                                                                        
                                                                                                                                
9:27:57 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  MOVED to REPORT  CSSB 218 out  of Committee                                                                   
with individual  recommendations  and an accompanying  fiscal                                                                   
note.                                                                                                                           
                                                                                                                                
CSSB  218 was  REPORTED out  of  Committee with  a "do  pass"                                                                   
recommendation  and  an  accompanying   previously  published                                                                   
fiscal note by the Department of Transportation.                                                                                
                                                                                                                                
9:28:52 AM                                                                                                                    
                                                                                                                                

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