Legislature(2007 - 2008)BUTROVICH 205

02/19/2008 02:00 PM Senate TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Changed from 1:00 pm --
*+ SB 190 MINORS TRAVELING ALONE BY AIR TELECONFERENCED
Heard & Held
*+ SB 189 APPROP.: BRIDGES, SERVICE ROADS, TRAILS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
              SB 190-MINORS TRAVELING ALONE BY AIR                                                                          
                                                                                                                              
2:30:46 PM                                                                                                                    
CHAIR   ALBERT  KOOKESH   announced   SB  190   to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR GENE  THERRIAULT, sponsor of  SB 190, said the  intent of                                                               
SB 190  is to  provide protection for  minor children  by keeping                                                               
their  parents or  guardians in  the loop  when it  comes to  air                                                               
travel in  the state of  Alaska. He  introduced this when  a news                                                               
report revealed  that an Alaskan female  under the age of  18 was                                                               
able to  obtain a ticket, board  an aircraft and leave  the state                                                               
without the consent or knowledge of her parent's. He stated:                                                                    
                                                                                                                                
     In  this  age  of  child  Internet  predators  and  the                                                                    
     constant  possibility  that  a   young  person  may  be                                                                    
     encouraged to  travel to meet  somebody who  intends to                                                                    
     inflict harm upon them, the  protections in SB 190 need                                                                    
     to   be  seriously   considered.  In   researching  the                                                                    
     regulations  and  policies  of  various  air  carriers,                                                                    
     there  appears to  be no  clear  and consistent  ticket                                                                    
     travel policy for  children between the ages  of 13 and                                                                    
     18 years old.  SB 190 seeks to establish  such a policy                                                                    
     in a statute.                                                                                                              
                                                                                                                                
He  pointed out  that  the original  bill  exemptions for  minors                                                               
under the  authority of the  state agencies was not  included, so                                                               
he encouraged  the committee to  look favorably on  the amendment                                                               
the Department of Health and  Social Services (DHSS) will propose                                                               
to correct this.                                                                                                                
                                                                                                                                
SENATOR  THERRIAULT said  even though  the federal  government is                                                               
the  main  setter  of  policy  for  operations  of  airports  and                                                               
airlines in the  U.S., he thought the  issue warranted discussion                                                               
in the Alaska  legislature so that parents might be  a little bit                                                               
more in the  loop and perhaps in control of  their minor children                                                               
traveling.                                                                                                                      
                                                                                                                                
2:33:50 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if he  was aware  of any  preemption                                                               
issues  the  airlines  would  have  from  federal  rule.  He  was                                                               
wondering how  this would actually  work and if  airline computer                                                               
systems have to be changed.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT replied the federal  law is primarily directed                                                               
at asking  for an ID when  going through security and  he thought                                                               
there might be some issues there,  but he has tried to target the                                                               
point of  receiving a  ticket from the  employee. He  didn't know                                                               
what could be  done about someone purchasing a ticket  in cash or                                                               
on line.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked how "receiving a  ticket" is defined.                                                               
He buys his  tickets by credit card  on line and when  he gets to                                                               
the airport he goes to a kiosk to actually get his ticket.                                                                      
                                                                                                                                
SENATOR THERRIAULT  replied the best they  can do is hope  that a                                                               
kid  doesn't  have a  credit  card  or  that they  have  parental                                                               
permission.                                                                                                                     
                                                                                                                                
SENATOR OLSON asked  how he came up  with the age of  17 as being                                                               
the break off point.                                                                                                            
                                                                                                                                
SENATOR  THERRIAULT replied  that the  drafter came  up with  the                                                               
federal government's parameters of having  to show ID to get into                                                               
the secure part of the airport.                                                                                                 
                                                                                                                                
SENATOR  OLSON asked  what about  kids going  to college  who are                                                               
under 17.                                                                                                                       
                                                                                                                                
SENATOR  THERRIAULT asked  if  they were  going  to college,  why                                                               
wouldn't the  parents give their  permission. Most  college bound                                                               
students  are  17 or  18  years  of age  and  would  be past  the                                                               
threshold for approval anyhow.                                                                                                  
                                                                                                                                
SENATOR OLSON  asked how air  taxi operators would be  treated in                                                               
rural Alaska where the parents may  not be in any kind of contact                                                               
with them.                                                                                                                      
                                                                                                                                
2:40:17 PM                                                                                                                    
SENATOR  THERRIAULT  replied they  would  be  covered under  this                                                               
bill. A child  coming home for Christmas from  Mt. Edgecumbe, for                                                               
instance,  would have  parental  approval.  Small carriers  would                                                               
have  to  check for  parental  approval  at  the time  of  ticket                                                               
purchase at the counter.                                                                                                        
                                                                                                                                
SENATOR OLSON  said kids  buying tickets  with cash  would always                                                               
say they have  their parents' approval and asked if  he had heard                                                               
of any opposition to this bill from the transportation sector.                                                                  
                                                                                                                                
SENATOR THERRIAULT replied no one had contacted his office yet.                                                                 
                                                                                                                                
SENATOR OLSON asked what the penalty  for the airlines is if they                                                               
don't do this.                                                                                                                  
                                                                                                                                
SENATOR   THERRIAULT  replied   the  bill   doesn't  talk   about                                                               
penalties, but he's open to it.                                                                                                 
                                                                                                                                
SENATOR OLSON asked how many  other states have adopted this type                                                               
of legislation.                                                                                                                 
                                                                                                                                
SENATOR THERRIAULT replied he was not aware of any.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI  asked what  type of  photo ID  is available                                                               
for 14 years olds and under.                                                                                                    
                                                                                                                                
SENATOR THERRIAULT answered school IDs and state IDs.                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked if an airline  allows a 14 year old on                                                               
its  plane, do  they have  any  obligation to  check the  written                                                               
authorization from the parent to confirm  it and if they don't do                                                               
that is  the airline liable in  some way if something  happens to                                                               
the child.                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  replied he  didn't think  there would  be any                                                               
more liability than exists now.                                                                                                 
                                                                                                                                
2:44:04 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  what   would  happen  in  emergency                                                               
situations and  could this  requirement be  waived for  a medical                                                               
emergency when a minor doesn't have  time to get consent from his                                                               
parents. He might be visiting with relatives, for instance.                                                                     
                                                                                                                                
SENATOR THERRIAULT  replied if he  was visiting with  a relative,                                                               
that  relative could  be the  guardian. If  the minor  has to  be                                                               
medivaced, he didn't know if  the patient or the medical facility                                                               
purchased the ticket.                                                                                                           
                                                                                                                                
2:46:43 PM                                                                                                                    
SENATOR OLSON  said this  would be very  cumbersome for  air taxi                                                               
operators  and  either  wanted  to   wait  to  from  them  or  an                                                               
exemption. SENATOR  OLSON said  he had  flown plenty  of medivacs                                                               
and none of them paid in advance.                                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI agreed  and said  he thought  the bill  had                                                               
good intentions, but needed some work.                                                                                          
                                                                                                                                
SENATOR THERRIAULT  said he thought  the committee might  want to                                                               
consider an exemption  for rural Alaskans traveling,  since a lot                                                               
of children  travel without their parents'  permission there, and                                                               
he  didn't know  if luring  children  to a  hub in  Alaska was  a                                                               
problem versus luring them out of state.                                                                                        
                                                                                                                                
CHAIR KOOKESH asked if he  intended to target young people trying                                                               
to leave  the state of Alaska  on the major airlines  rather than                                                               
the  small airlines  that  Senator Olson  was  talking about.  He                                                               
didn't think  it was a  problem in  rural Alaska and  language in                                                               
the  bill already  said  a  young person  traveling  on a  return                                                               
portion into the state is exempt.                                                                                               
                                                                                                                                
SENATOR  THERRIAULT said  he would  welcome  language to  address                                                               
that concern.                                                                                                                   
                                                                                                                                
SENATOR COWDERY asked  if the airlines have any  position on this                                                               
bill.                                                                                                                           
                                                                                                                                
CHAIR KOOKESH said he would ask  the airlines between now and the                                                               
next hearing.                                                                                                                   
                                                                                                                                
SENATOR COWDERY asked if that  would include the ferry system and                                                               
the cruise ships.                                                                                                               
                                                                                                                                
CHAIR  KOOKESH replied  they weren't  talking  about boats;  they                                                               
were talking about airline tickets specifically.                                                                                
                                                                                                                                
SENATOR  COWDERY  asked  how  the bill  deals  with  the  foreign                                                               
airlines.                                                                                                                       
                                                                                                                                
SENATOR  THERRIAULT  replied that  it  would  affect any  foreign                                                               
airlines coming to Alaska. He  had some discussion with his staff                                                               
about ferries  and cruise ships  and decided that  the separation                                                               
between the modes of transportation  is if his teenager snuck out                                                               
of the house at  mid-night he could be in Florida  by the time he                                                               
woke up  in the morning.  If he got on  a ferry, he  wouldn't get                                                               
too far by the next morning.                                                                                                    
                                                                                                                                
SENATOR THERRIAULT  asked if  staff was  going to  work on  a CS,                                                               
because he wanted  them to consider the issue of  minors in state                                                               
custody.                                                                                                                        
                                                                                                                                
CHAIR KOOKESH set SB 190 aside and work on some of the issues.                                                                  
                                                                                                                                

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