01/31/2008 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HCR12 | |
| HB291 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HCR 12 | TELECONFERENCED | |
| *+ | HB 291 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 31, 2008
8:05 a.m.
MEMBERS PRESENT
Representative Bob Roses, Vice Chair
Representative John Coghill
Representative Kyle Johansen
Representative Craig Johnson
Representative Andrea Doll
MEMBERS ABSENT
Representative Bob Lynn, Chair
Representative Max Gruenberg
COMMITTEE CALENDAR
HOUSE CONCURRENT RESOLUTION NO. 12
Proposing an amendment to the Uniform Rules of the Alaska State
Legislature relating to abstention from voting.
- HEARD AND HELD
HOUSE BILL NO. 291
"An Act relating to requiring completion of a driver's education
program for provisional driver's licensees."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HCR 12
SHORT TITLE: AMEND UNIFORM RULES: ABSTAIN FROM VOTING
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) STA, JUD
01/31/08 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 291
SHORT TITLE: PROVISIONAL DRIVER'S LICENSE; INSTRUCTION
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) STA
01/31/08 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE KEVIN MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HCR 12 as prime sponsor.
MIKE PAWLOWSKI, Staff
Representative Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HCR 12, on
behalf of Representative Meyer, sponsor.
REPRESENTATIVE KEVIN MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 291 as sponsor.
MIKE PAWLOWSKI, Staff
Representative Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered information and answered questions
during the hearing on HB 291, on behalf of Representative Meyer,
prime sponsor.
CINDY CASHEN, Administrator
Alaska Highway Safety Office
Department of Transportation & Public Facilities
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 291.
WHITNEY H. BREWSTER, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HB 291.
KERRY HENNINGS
Driver Licensing
Division of Motor Vehicles
Department of Administration
POSITION STATEMENT: Answered questions during the hearing on HB
291.
ACTION NARRATIVE
VICE CHAIR BOB ROSES called the House State Affairs Standing
Committee meeting to order at 8:05:41 AM. Representatives
Coghill, Johnson, Doll, and Roses were present at the call to
order. Representative Johansen arrived as the meeting was in
progress.
HCR 12-AMEND UNIFORM RULES: ABSTAIN FROM VOTING
8:06:18 AM
VICE CHAIR ROSES announced that the first order of business was
HOUSE CONCURRENT RESOLUTION NO. 12, Proposing an amendment to
the Uniform Rules of the Alaska State Legislature relating to
abstention from voting.
8:06:20 AM
REPRESENTATIVE KEVIN MEYER, Alaska State Legislature, presented
HCR 12 as prime sponsor. He explained the process by which a
legislator declares a conflict of interest and often follows
that with a request to abstain from voting, but, through another
member's objection, must vote the interest regardless.
Furthermore, although a representative could choose to leave the
room, if the issue is big enough, a call to the House can be
made, which would require that legislator to return to the
floor. He said this process is confusing to the public, and the
proposed legislation would offer an alternative.
REPRESENTATIVE MEYER stated that [the current method of
declaring conflicts and voting] has affected him personally in
the last couple years because of his employment with
ConocoPhillips Alaska, Inc. He said he has declared a conflict
of interest. He said he modeled the proposed solution, using
the method of the Anchorage Assembly, on which he served in the
past. He explained that a person on the assembly would declare
a conflict of interest, whereby a fellow assembly member would
make a motion to vote on whether or not the person who declared
the conflict of interest had a substantial financial interest in
the matter before the assembly.
8:09:01 AM
REPRESENTATIVE MEYER said that method works better on local
issues, because it is easier to see when a person has a
substantial financial interest on a local level. He continued:
But here, if you're dealing with oil taxes, for
example, I don't have a ... substantial financial
interest in ConocoPhillips Alaska, Inc. And
certainly, ... my employment that I get from them is
not impacted by the action that I take. So, in that
case, I would not have a conflict of interest.
REPRESENTATIVE MEYER noted that a potential problem with HCR 12
is that the decision of whether or not to excuse someone could
become more politically motivated than rationally based. He
explained, for example, that if he were to declare a conflict of
interest, one representative may vote that he does not have a
conflict of interest, thinking that his interests side with
his/her own, while another may vote that he has a conflict of
interest for the opposite reason.
REPRESENTATIVE MEYER stated that HCR 12 is not necessarily the
right solution to the issue. He noted that included in the
committee packet is a handout that shows how other states deal
with abstention from voting, and one common denominator is the
use of "substantial financial interest into the equation." He
stated, "I can guarantee that that's a hard thing to ascertain
or determine, because what may be a substantial fine interest to
you, may not be to me, and vice versa." He noted, as it read in
the aforementioned handout, that in Colorado, a legislator shall
consider [among other things]: "(b) The effect of his
participation on public confidence in the integrity of the
general assembly". Representative Meyer emphasized the
importance of maintaining the public's trust. Of equal
importance, he said, is [not to] disenfranchise voters by
disallowing their representative or senator to vote. He quoted
legislation of the State of Kentucky, which read: "The right of
legislators to represent their constituencies, however, is of
such major importance that legislators should be barred from
voting on matters of direct personal interest only in clear
cases and if the matter is particularly personal." He added,
"Even our own constitution ... speaks of the right to equal
opportunity under the law, and clearly states that all
government originates with the people and is founded upon the
will of the people." He said allowing an Alaska legislator to
abstain from voting would be denying Alaskans from that
particular district the right to representation.
8:13:42 AM
REPRESENTATIVE MEYER stated that he thinks it is important not
to make it so easy for a person not to vote that he/she is
tempted to "duck a vote." He said he thinks it is possible that
the system currently in use is the best one. He noted that
there are other bills on the issue and he expressed his hope
that the House State Affairs Standing Committee would consider
all the bills and create the best legislation from them all. He
surmised that the reason the legislature has not dealt with this
issue since the early '80s is because it is so difficult and
complex. Notwithstanding that, he opined that it is time to
consider the issue once more.
8:15:35 AM
REPRESENTATIVE DOLL thanked Representative Meyer for addressing
the issue. She revealed that she had considered introducing
similar legislation, but was warned of the complexity of it.
She remarked that the proposed resolution is "a strong ethics
issue." She mentioned an excerpt from the aforementioned
handout, regarding Colorado, that says a senator is considered
to have personal or private interests in measures if he/she
"accepts a gift, loan, service or other economic opportunity
from someone who would be affected by or has interest in an
enterprise that would be affected by the legislation."
Representative Doll mentioned the reforms that have been
considered regarding campaigns. She stated, "We do accept
contributions to campaign, and that ... does, I think, add some
influence when it comes to looking at [legislation] - not that
it would change our vote one way or the other - but certainly
there is an influence ... just in the political process by
itself."
8:17:05 AM
VICE CHAIR ROSES, regarding Representative Doll's tying the
issue of ethics into her reference to Colorado's legislation,
cited another portion of that state's revised statutes, which
read:
(4) If a member of the general assembly elects to
disclose the interest, he shall do so as provided in
the rules of the house of representatives or the
senate, but in no case shall failure to disclose
constitute a breach of the public trust of legislative
office.
VICE CHAIR ROSES said it would appear that the State of Colorado
does not consider that failure to disclose would be an ethics
violation that would "raise the hackles of many folks." He
cautioned against using examples of what other states have done
without considering all they have done.
8:18:22 AM
REPRESENTATIVE MEYER stated his understanding that it is
everyone's right to bring an ethics charge if a legislator does
not make a disclosure that that person thinks he/she should have
made.
VICE CHAIR ROSES replied that that is also his understanding.
8:18:56 AM
REPRESENTATIVE COGHILL asked the sponsor if he has considered
other ways to address the issue without actually referencing
statute.
8:19:53 AM
MIKE PAWLOWSKI, Staff, Representative Kevin Meyer, Alaska State
Legislature, suggested, "If you're referencing specifically just
the conflict of interest, you're perhaps closing the door on
what could be broader and real reasons for abstaining from a
vote, and we didn't want to do that. But I personally agree
with you that ... it should not be the statute, it should be
perhaps the title of the chapter."
REPRESENTATIVE COGHILL responded, "That actually works both
ways: One is it could give you a lot of reasons to abstain.
Also, it could create a lot of debate on why somebody would
accuse somebody from not abstaining. So, it creates an
interpretation issue that [could challenge] our legal department
...." He said that is why it is important to know what the
Uniform Rules say, because "that's what we agree between bodies
to do." Representative Coghill offered his understanding that
currently it is presumed that a legislator must vote until a
unanimous vote dictates that he/she should not. He asked if the
sponsor has given thought to existing statute and how, as a
matter of protocol, the rule as it stands now could be applied
to actually accomplish the intent of the bill.
8:22:23 AM
REPRESENTATIVE MEYER responded that he has given the matter some
thought. He characterized himself as a legislator who probably
tends to declare potential conflicts of interest, because he
wants to remain transparent as a legislator. However, he said
he always knows that he will vote anyway after declaring a
conflict of interest and requesting abstention, because another
legislator will always object. Many times, he said, it is the
minority leader who offers that objection, because he/she wants
the votes on the record. He said he thinks people would think
more carefully about standing up to disclose a conflict and
asking to be excused from voting if they knew that they may
actually be excused. He indicated that the best method may be
to stand up to declare a conflict and then vote anyway as a
representative of the constituents.
8:24:16 AM
REPRESENTATIVE COGHILL pointed out that because Alaska has a
citizen legislature, open disclosure can result in conflicts
simply because of someone's profession. He offered some
examples. He said the extreme is that no legislator would be
able vote on the issue of the permanent fund dividend (PFD)
because each one is eligible to receive one. He said the
consideration is whether to presume a legislator must abstain
from voting unless permitted to vote, as compared to the current
system where the legislator must vote unless he/she can compel
the body unanimously that he/she should not vote. He said he
likes to err on the side of the current system. The Ethics Law
imposed on the resolution, he indicated, would make the language
so broad that interpretation of it would become very political
and have unintentional consequences. He stated, "I think when
people vote for us to be down here, they presume that we're
going to engage in every issue before us, ... unless there is a
real compelling personal reason for you to be out...."
8:28:21 AM
VICE CHAIR ROSES said there is an assumption being made that the
individual who declares a conflict of interest and is made to
vote will always vote on the side that benefits himself/herself,
and he stated that that is not necessarily the case. He noted
that the intent of the committee chair is to consider the other
similar bills together, perhaps in a subcommittee.
8:30:03 AM
REPRESENTATIVE MEYER recollected that Vice Chair Roses had been
representing the teacher's union in the past when he came before
the Anchorage Assembly in support of the school district's
budget. He said there were two members of the assembly who had
to declare a conflict because their own incomes would be
affected. He said that was a body of eleven that had to address
the issue, and there are 40 representatives and 20 senators
being asked to state their conflicts. With that many people,
there will be a lot of conflicts on various issues, he said.
Representative Meyer talked about the financial disclosure that
is made open to the public annually. He said he tends to agree
with Representative Coghill that publicly disclosing [conflicts
of interest] are already disclosed before a vote may be enough.
8:32:11 AM
REPRESENTATIVE DOLL said she thinks the public pays attention to
where legislators get their campaign contributions. She noted
that this year there would be an initiative coming regarding
clean elections. She said if the initiative were to pass, it
could change the way the legislature looks at the entire issue.
VICE CHAIR ROSES said he does not want to discuss another bill,
but he surmised that passage of that initiative may "make it
worse."
8:33:00 AM
REPRESENTATIVE COGHILL said he thinks the committee needs to
discuss the distinction between a conflict that should just be
noted and one that is too egregious to allow voting.
8:33:56 AM
REPRESENTATIVE JOHNSON expressed concern after having heard the
belief that a campaign contribution can affect the way a
legislator votes. He clarified that he tells everyone who wants
to contribute to his campaign that he hopes they are doing so
because they like his philosophy, not because they want to
influence his vote.
8:35:24 AM
REPRESENTATIVE JOHANSEN asked Representative Meyer when [his
occupation with the oil industry] began to be a an issue.
REPRESENTATIVE MEYER said it was never an issue when he served
on the Anchorage Assembly. It has been only in the last year or
two that there have been tough issues before the legislature
related to oil taxes that he has been asked by his constituents
how he handles conflicts of interest. He said it has been
during his explanation of the process that his constituents get
a confused look on their faces. He stated that he has always
made it clear where he works and the majority of his
constituents have voted to keep him in the legislature. He
reiterated his concern that the legislature not make abstention
too easy, which could disenfranchise constituents.
8:38:35 AM
REPRESENTATIVE JOHANSEN looked forward to the possibility of
more rules, more exceptions, and politicizing. He stated that
he may be a "simple guy from Ketchikan," but he faces his voters
in person. He said he thinks if someone gets a feeling that
something needs to be disclosed, then he/she should stand up and
do it. Ultimately, he said, a legislator faces the people who
put him in office.
8:40:42 AM
VICE CHAIR ROSES asked if there was any one wishing to testify
on HCR 12. [No one responded, but Vice Chair Roses did not
close public testimony.]
VICE CHAIR ROSES announced that HCR 12 was heard and held.
HB 291-PROVISIONAL DRIVER'S LICENSE; INSTRUCTION
8:40:55 AM
VICE CHAIR ROSES announced that the last order of business was
HOUSE BILL NO. 291, "An Act relating to requiring completion of
a driver's education program for provisional driver's
licensees."
8:41:45 AM
REPRESENTATIVE KEVIN MEYER, Alaska State Legislature, presented
HB 291 as prime sponsor. He said the genesis of the bill came
from a constituent whose daughter, who had just turned 16, was
driving and hit another vehicle. The person in the other
vehicle died. He said several people have asked him why the
state does not require a driver's education program for children
to complete before getting their licenses to drive. He said he
is not sure when schools stopped requiring students to take
driver's education, but in talking to the superintendent of the
Anchorage School District, he said he discovered that it has
been some time since that school district has required driver's
education as part of its high school curriculum, because it was
a liability issue and because of the cost involved.
REPRESENTATIVE MEYER said five percent of people age 16 create
30 percent of [motor vehicle-related] accidents. Insurance
companies know this and raise the premiums of anyone covering a
driver of that age; however, those companies will offer a
reduction in the rate if the 16-year-old has completed a
driver's education course. He said the cost of requiring such a
program is a concern; however, he said it doesn't take long to
recoup the money through the reduction in insurance rates. He
said he knows a cost of $500 is a large expense to those in
lower income areas, and those people cannot wait to recover that
amount of money over a 12-month period. He also pointed out
that 30 percent of people driving don't have insurance.
However, the aforementioned statistic related to the 16-year-old
driver is a significant public safety issue that needs to be
factored into the cost.
REPRESENTATIVE MEYER said the proposed legislation would require
that before a young driver is able to get his/her provisional
driver's license, he/she must complete a certified driver's
education program.
8:45:53 AM
REPRESENTATIVE MEYER said these programs are offered throughout
the state. He indicated there is a question regarding how this
would work for folks in Glennallen, "because they are able to
get the provisional licenses ... because they're on the road
system." Currently, [those in Glennallen] would have to go
either to Fairbanks or Anchorage to get the training. The total
time to complete the program would be eight hours and could be
spent either all on a Saturday or split up two hours a day for
four days. Representative Meyer relayed that insurance
companies are interested in this program. He also acknowledged
that the cost to constituents with lower incomes is a concern.
8:48:02 AM
REPRESENTATIVE MEYER, in response to a question from
Representative Johnson, confirmed that a youth who does not take
the course and does not meet the requirements of a provisional
license would have to wait until he/she is 18 to get a license.
He indicated that [provisional licenses] were brought about by
past legislation, and he reviewed the limitations of the
provisional license.
8:49:08 AM
MIKE PAWLOWSKI, Staff, Representative Kevin Meyer, Alaska State
Legislature, on behalf of Representative Meyer, prime sponsor,
noted that the language regarding provisional licenses can be
found in AS 28.05.157.
8:49:29 AM
MR. PAWLOWSKI, in response to questions from Representative
Johansen, said the [Division] of Motor Vehicles has a list of
locations where approved driver's education courses are
available. He said for some, getting to the locations may be
difficult. He indicated that a suggestion was made to expand
the bill to include the Department of Education, "because they
also approve driver training."
8:51:03 AM
REPRESENTATIVE MEYER, in response to Representative Johansen,
offered his understanding that those entities that offer the
driving course must be approved by DMV. He said he thinks most
of the driving schools are private entities.
8:52:09 AM
REPRESENTATIVE DOLL recollected that driver's education was
provided by the school when she was student, and she said she
likes that idea, because it would provide the course to all
students, no matter what their economic background.
8:53:29 AM
REPRESENTATIVE MEYER said the state does give a lot of money to
the school system, but it is always in need of more. Regarding
cost, he said there is a liability concern. The schools'
insurance rates would increase, and they would have to hire new
teachers and buy cars. He told Representative Doll that he does
not know what the exact cost would be for a school district.
8:54:49 AM
MR. PAWLOWSKI related that one school district superintendent
became scared when thinking about the cost of liability.
8:55:12 AM
REPRESENTATIVE JOHNSON suggested that the legislature could take
the burden of liability off the schools and put it on the person
who makes the mistake. He recognized that the schools want to
put their money into No Child Left Behind in order to qualify
for federal money. He recalled that when he took driver's
education, it was in school, considered an after-hours activity,
cost the student a fee to cover the cost of a teacher, and the
car used was donated by a local auto dealer. He said he thinks
the legislature could get creative with this issue and not spend
a lot of money to make it happen. For example, he said there
would be teachers who want to make an extra few thousand dollars
to teach a driver's education course. He stated that he likes
the concept of the program.
8:57:32 AM
REPRESENTATIVE COGHILL said he thinks the bill brings forth a
worthy discussion. He suggested a need to inventory what is
being offered in the major cities of Alaska. He pointed out
that many young drivers will end up in a large city, and thus
should be taught to drive in urban situations. Conversely, he
said he doesn't "want to put a hurdle over them that they just
cannot manage." He observed that the bill is really asking that
young drivers prove that they have become proficient after the
40 hours they have driven under supervision.
9:00:05 AM
CINDY CASHEN, Administrator, Alaska Highway Safety Office
(AHSO), Department of Transportation & Public Facilities
(DOT&PF), told the committee that AHSO "administers federal
funding to effective programs aimed at savings lives and
preventing injuries on Alaska's roads." She said the proposed
bill would not qualify Alaska for new funding, but neither would
it exclude Alaska from future funding. Ms. Cashen reported that
the federal National Highway Traffic Safety Administration
(NHTSA) supports states which enact new and improved existing
graduated driver licensing laws and ordinances pertaining to the
licensing of young, novice drivers. She said NHTSA also
supports states that develop appropriate training tools and
procedures to reduce risk-taking and improve safety decision-
making for those drivers, as well as develop standards for
driver's education instructors and a standardized driver's
education curriculum.
MS. CASHEN related that DOT&PF unveiled the Alaska Strategic
Highway Safety plan in September [2007] and thus fulfilled a new
federal requirement under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU). She explained that SAFETEA-LU requires all states
to address highway safety through a comprehensive, strategic
plan. Ms. Cashen noted that she was one of the stakeholders who
participated in the related meetings throughout 2007, along with
other stakeholders, representatives from state and local
agencies, private businesses, and the public. She stated, "The
plan provides a comprehensive framework and specific goals and
objectives for reducing highway fatalities and serious injuries
on all public roads." She said a lot of data was used in
creating the plan.
9:03:11 AM
MS. CASHEN said three groups were formed during the planning
process. She said the group that dealt with driver's education
was called the driver behavior group. Ms. Cashen reported that
Alaska, like every other state, faces a problem with the number
of crashes caused by young drivers. She said young drivers are
less likely to recognize and adjust for hazards on the road,
because in general they lack experience and the maturity
necessary for good judgment. Furthermore, they have a lower
safety belt use rate than other segments of the population and
often drive too fast or are impaired. She said AHSO is
responsible for collecting all the [traffic related] fatality
reports for the state, and she indicated that it is the younger
group of drivers who consistently do not wear their safety
belts. Those young drivers - ages 16-20 - are "overrepresented
in fatal and major injury crashes in Alaska." In 2005, Ms.
Cashen said, approximately 5 percent of Alaskan drivers were
young drivers; however, the percentage of fatalities and major
injuries involving these young drivers was 15 percent for
fatalities and 29 percent for major injuries. Furthermore, the
proportion of fatalities and major injuries from crashes
involving young drivers has remained relatively consistent over
the past five years. The numbers could be worse, if not for the
fact that young drivers tend to recuperate better than older
drivers.
MS. CASHEN stated that in the Alaska Strategic Highway Safety
plan, one of the "action items" is the coordination of a
statewide driver's education study to review and evaluate the
quality, quantity, and accessibility of driver's education in
Alaska. Ms. Cashen said she was excited to hear the comments
made thus far during the bill hearing. She noted that AHSO
would be coordinating with DMV.
9:05:21 AM
MS. CASHEN told the committee that Texas has a unique law, in
that the state recognizes parent-taught driver's education. She
said NHTSA sponsored a study by the Texas Transportation
Institute to evaluate the parent-taught driver's education
option in Texas - to evaluate how well parents really teach
their children to drive. The criteria used: focus groups, a
statewide survey of the young drivers, and Texas driver records.
Based on the 1.4 million Texas driver records, the drivers
taught by parents were convicted of more traffic offenses than
commercial or drivers trained in public school. Based on the
self-reporting of novice drivers, the incidents of crashes
involving parent-taught drivers was not greater than the
incidents of those youth trained commercially or through public
school. She said, "So, if the parents are teaching the kids,
... they commit more traffic offenses, but they also are in
worse crashes." In conclusion, NHTSA, based on the
aforementioned data, decided there is evidence to suggest that
the parent-taught driver's education program has a negative
influence on the overall safety of novice drivers in Texas -
especially in terms of young driver crash involvement. Ms.
Cashen stated that this information could support driver's
education through public [schools] or the DMV.
9:07:45 AM
MS. CASHEN, in response to a question from Representative Roses,
explained that a study to determine the availability of driver's
education around the state is addressed in the Alaska Strategic
Highway Safety plan and "is one we hope to implement." She said
requiring children to have a driver's education program across
the state, whether online or behind the wheel, is "a basic
foundation." In response to a follow-up question from
Representative Roses as to what may be holding up the study, Ms.
Cashen explained that the plan has not existed long, and to
implement the study now is a matter or three conditions: who
can be involved, funding, and - more importantly - time.
Volunteers will need to be gathered to put together a proposal
for the study, and AHSO will need to work with DMV.
9:10:31 AM
REPRESENTATIVE JOHANSEN asked who will be paying for the plan
that AHSO has created.
MS. CASHEN responded that the beauty of the plan is that because
stakeholders from state and private entities are involved, there
is a whole new way of financing. She said AHSO is responsible
for federal transportation dollars specifically aimed at highway
safety - in particular, driver behavior, which is encouraged
through awareness and enforcement. Ms. Cashen said when AHSO
creates a highway safety plan each year, it puts aside money for
driver's education. She indicated that although [the program]
is not in schools, AHSO continues to work with schools.
REPRESENTATIVE JOHANSEN said it sounds as though the money to be
used is federal, but regardless, the issue should be addressed
by the committee.
9:12:42 AM
REPRESENTATIVE JOHNSON noted that Ms. Cashen had previously
stated that HB 291 would not reduce or increase the money coming
from the federal government. He asked if there is any way in
which the proposed legislation could be modified so that the
state could get federal money.
MS. CASHEN answered that she is not aware of any means by which
to do so.
9:13:20 AM
REPRESENTATIVE COGHILL acknowledged Ms. Cashen's work and
passion for the subject. He said he is not interested in
mandating one agency to take care of this issue, because there
are a lot of people involved with public safety. He spoke of
the destructive nature of [the 16-20] age group coupled with its
sense of immortality. He said he would like to know what the
timeline for the aforementioned survey would be, because
whatever the plan calls for, the survey must precede that.
Representative Coghill talked about the idea of contracting with
someone outside of DMV to conduct the practice test. He asked,
"Have you contemplated what a department might approve under
this law?"
9:15:37 AM
MS. CASHEN responded that it would probably be the Department of
Administration and possibly be the Department of Education that
would certify "these programs." It would not be DOT&PF.
REPRESENTATIVE COGHILL commented that [AHSO] would certainly
want to have input. He reiterated his question about the
timeline for the survey.
9:16:10 AM
MS. CASHEN said the Alaska Strategic Highway Safety plan is
brand new, but will have to be updated at least annually. She
continued:
So, our driver behavior group was very careful,
because we recognize that it takes a lot of time to
set up a study that's done correctly. Like you said,
we want to make sure all the stakeholders have a
chance to participate in this. Because it can become
controversial. And a lot of us are personal
stakeholders, as well as through our jobs. So, what
we did was we came up with a timeline that gave us
through May to set up an RFP [request for proposals]
to hire an agency to conduct the study. And then I
believe it was late fall - September, October ... -
when my office has to come out with a highway safety
plan to see where the ... consulting agency would be
on the study - what they would have gathered by then -
and incorporate that into our plan. And that would
allow us to begin setting aside and formulating a more
specific driver's education plan.
9:17:30 AM
REPRESENTATIVE COGHILL recognized that Ms. Cashen is not in the
position to really offer him the answer he is looking for, and
he suggested that the committee hear from "a department person
who might contemplate the actual verbiage and how they might put
that plan together." He added, "Her plan is obviously not going
to work in the timeline that the sponsor has in mind."
VICE CHAIR ROSES remarked that once the bill is in committee,
the committee controls the timeline.
9:18:01 AM
REPRESENTATIVE JOHANSEN asked how many provisional licensees
have participated in the aforementioned course for the insurance
benefits.
MS. CASHEN replied that the answer to that has alluded her
office, even though they are trying to pin down that
information. Because there is no statute that requires a
statewide driver's education program, there are "little pockets
of programs," and the numbers of participants are unknown. She
reported that there is a program in Kenai that she had not even
heard of until its managers heard about AHSO and contacted her.
9:19:14 AM9:19:14 AM
WHITNEY H. BREWSTER, Director, Division of Motor Vehicles,
Department of Administration, stated that she agrees with HB 291
philosophically, but has some of the same concerns that have
been raised by the committee. Regarding DMV-approved driving
schools, she referred to 2 AAC 91.010, which has information
pertaining to the requirements in an application for someone who
wants to start a driving school. She said "the following
regulations" address instructors and how to go about improving
those schools. She noted that currently there are 15 schools
statewide, in Anchorage, Fairbanks, North Pole, Juneau, Kenai,
Ketchikan, and Palmer. She said the division's concern is how
to give those folks who do not have driving schools in their
communities the opportunity to have access to such schools.
Another concern is the cost of the courses.
9:21:10 AM
KERRY HENNINGS, Driver Licensing, Division of Motor Vehicles,
Department of Administration, noted that the other "piece" that
was approved by DMV is defensive driving courses. Those are
eight-hour classroom courses, five of which are taken over the
Internet.
9:21:40 AM
VICE CHAIR ROSES asked if either Ms. Brewster or Ms. Henning
know how many young adults are applying for provisional licenses
who have actually taken a driver's education course.
MS. HENNING responded that DMV does not track that information.
She said, "A parent certifies that their young person has
completed the 40 hours, with 10 hours of it being in increment
weather." In response to a follow-up question from Vice Chair
Roses, she said it would be possible to add another question on
the application to assess that information. She added, "It
would also be self-certification."
VICE CHAIR ROSES said he understands that, but opined that at
least that would be better than no information at all.
MS. HENNING said that could be done at the request of the
legislature. She said she would also research other avenues for
obtaining that information without putting that query on the
application, and she would supply her answer to the committee.
In response to Vice Chair Roses, she said she would ensure that
Ms. Cashen receives the information, as well.
9:23:01 AM
REPRESENTATIVE JOHANSEN suggested that DMV could collect the
information from the 15 driver education facilities, rather than
asking the youth.
9:23:34 AM
MS. HENNING confirmed that was the alternative means to gather
the information that she had been considering.
9:23:47 AM
REPRESENTATIVE COGHILL asked if there has been any proof as to
the effectiveness of the aforementioned 8-hour driving course
that is available on the Internet.
MS. HENNING answered no. She said the course is normally taken
by those who are trying to reduce the number of driving
violation points from their licenses in order to avoid having
their licenses suspended. Seniors take courses for a reduction
in insurance, which is described under Title 21. The behind the
wheel driving school gives the same eight-hour defensive driving
course as part of its program.
REPRESENTATIVE COGHILL said using "that particular course" may
be a better solution than what is suggested in the bill. He
asked what the actual process of operation is for these courses.
9:25:21 AM
MS. HENNING replied that defensive driving courses are approved
by DMV, there are at least 20 classroom courses and five online
courses, and the cost for the course is $35-$50.
REPRESENTATIVE COGHILL stated, "I think adding that to a
provisional license may very well be a move in the right
direction. It may not get exactly where the sponsor wants to
go." He noted that his son took the course to lower the points
on his license. He said he knows the impact it had on his son,
because "he was forced to deal with things that he had not
previously dealt with."
9:26:48 AM
VICE CHAIR ROSES closed public testimony.
9:27:13 AM
REPRESENTATIVE COGHILL said he may contemplate an amendment to
HB 291.
[HB 291 was heard and held.]
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
9:27:57 AM.
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