Legislature(1993 - 1994)

01/20/1994 05:00 PM House TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
             HOUSE TRANSPORTATION STANDING COMMITTEE                           
                        January 20, 1994                                       
                            5:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Richard Foster, Chair                                         
  Representative Gary Davis, Vice-Chair                                        
  Representative Eldon Mulder                                                  
  Representative Al Vezey                                                      
  Representative Bill Hudson                                                   
  Representative Jerry Mackie                                                  
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Representative Curt Menard                                                   
                                                                               
  OTHER LEGISLATORS PRESENT                                                    
                                                                               
  Representative Tom Brice                                                     
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SJR 29:   Relating to federal efforts to require the use of                  
            motorcycle helmets in Alaska.                                      
                                                                               
            MOVED FROM COMMITTEE                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  SENATOR ROBIN TAYLOR                                                         
  Alaska State Legislature                                                     
  Room 30, State Capitol                                                       
  Juneau, Alaska   99811                                                       
  465-3873                                                                     
  Position Statement:  Sponsor of SJR 29                                       
                                                                               
  SCOTT HAMANN                                                                 
  ABATE                                                                        
  P.O. Box 934                                                                 
  Kenai, Alaska   99611                                                        
  238-4481                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  STEVE W. MILLER                                                              
  ABATE                                                                        
  36060 Greenridge                                                             
  Kenai, Alaska   99610                                                        
  262-1474                                                                     
  Position Statement:  Supported SJR 29                                        
                       (via teleconference)                                    
                                                                               
  BUDD BECKER                                                                  
  ABATE                                                                        
  1110 Oak Street                                                              
  Kenai, Alaska   99611                                                        
  283-1923                                                                     
  Position Statement:  Supported SJR 29                                        
                       (via teleconference)                                    
                                                                               
  JEAN MAPES                                                                   
  ABATE                                                                        
  P.O. Box 3438                                                                
  Kenai, Alaska   99611                                                        
  296-8849                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  ROBERT BURGESS                                                               
  3721 Silverleaf Avenue                                                       
  North Pole, Alaska   99705                                                   
  488-0577                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  CHARLES MITCHELL                                                             
  1743 Bridgewater Drive                                                       
  Fairbanks, Alaska   99709                                                    
  456-6246                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  JAMES MACLEAN                                                                
  3722 Peger Road                                                              
  Fairbanks, Alaska   99709                                                    
  474-9688                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  BERT HAROLD                                                                  
  370 Ester Drive                                                              
  Fairbanks, Alaska   99725                                                    
  479-5059                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  JOHN BURLISON                                                                
  2004 Esquire Avenue                                                          
  Fairbanks, Alaska   99709                                                    
  451-1915                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  MATTHEW ELLIS                                                                
  P.O. Box 82700                                                               
  Fairbanks, Alaska   99708                                                    
  455-6002                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  BRUCE OCKRASSA                                                               
  P.O. Box 103374                                                              
  Anchorage, Alaska   99510                                                    
  688-4922                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  SHARON MINZLAFF                                                              
  P.O. Box 231682                                                              
  Anchorage, Alaska   99523                                                    
  349-5501                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
                                                                               
  AUGGIE MINZLAFF                                                              
  P.O. Box 231682                                                              
  Anchorage, Alaska   99523                                                    
  349-5501                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  BOYD MCFAIL                                                                  
  423 Lynnwood Drive                                                           
  Anchorage, Alaska   99518                                                    
  562-5906                                                                     
  Position Statement:  Supported SJR 29                                        
                       (Via teleconference)                                    
                                                                               
  STEVEN RASMUSSEN                                                             
  2741 Engineer Cutoff                                                         
  Juneau, Alaska   99801                                                       
  790-2625                                                                     
  Position Statement:  Supported SJR 29                                        
                                                                               
  SCHUYLER STEVENS                                                             
  Department of Transportation/Public Facilities                               
  3132 Channel Drive                                                           
  Juneau, Alaska   99801-7898                                                  
  465-6977                                                                     
  Position Statement:  Available to answer questions                           
                                                                               
  TERRY BRENNER                                                                
  8306 Gladstone                                                               
  Juneau, Alaska   99801                                                       
  789-1641                                                                     
  Position Statement:  Supported SJR 29                                        
                                                                               
  CHUCK LANDERS                                                                
  HC83 Box 192H Mystle Drive                                                   
  Eagle River, Alaska   99577                                                  
  694-9098                                                                     
  Position Statement:  Supported SJR 29                                        
                                                                               
  JUANITA HENSLEY                                                              
  Department of Public Safety                                                  
  Division of Motor Vehicles                                                   
  450 Whittier Street                                                          
  Juneau, Alaska   99802-0020                                                  
  465-4335                                                                     
  Position Statement:  Available to answer questions                           
                                                                               
  ARLEEN BURGESS                                                               
  3721 Silver Leaf Avenue                                                      
  North Pole, Alaska   99705                                                   
  488-0577                                                                     
  Position Statement:  Written testimony supporting SJR 29                     
                                                                               
  TERRY STROMER                                                                
  3613 Laurence Road                                                           
  North Pole, Alaska   99705                                                   
  488-3600                                                                     
  Position Statement:  Written testimony supporting SJR 29                     
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  SJR 29                                                                
  SHORT TITLE: FEDERAL MANDATE OF MOTORCYCLE HELMETS                           
  SPONSOR(S): SENATOR(S) TAYLOR,Donley,Kelly;                                  
  REPRESENTATIVE(S) Brice                                                      
  JRN-DATE    JRN-PG                     ACTION                                
  03/31/93      1005    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  03/31/93      1005    (S)   TRANSPORTATION, JUDICIARY                        
  04/06/93              (S)   TRA AT 03:30 PM BELTZ ROOM 211                   
  04/08/93              (S)   TRA AT 03:30 PM BELTZ ROOM 211                   
  04/08/93              (S)   MINUTE(TRA)                                      
  04/12/93      1301    (S)   TRA RPT  3DP                                     
  04/12/93      1302    (S)   ZERO FISCAL NOTE (DPS)                           
  04/12/93      1320    (S)   JUD REFERRAL WAIVED                              
  04/12/93              (S)   MINUTE(RLS)                                      
  04/14/93              (S)   JUD AT 01:30 PM BELTZ ROOM 211                   
  04/16/93      1440    (S)   RULES RPT  3CAL  1NR   4/16/93                   
  04/16/93      1448    (S)   READ THE SECOND TIME                             
  04/16/93      1448    (S)   ADVANCED TO THIRD READING UNAN                   
                              CONSENT                                          
  04/16/93      1448    (S)   READ THE THIRD TIME  SJR 29                      
  04/16/93      1449    (S)   PASSED Y20 N-                                    
  04/16/93      1452    (S)   TRANSMITTED TO (H)                               
  04/19/93      1313    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  04/19/93      1313    (H)   TRANSPORTATION                                   
  04/19/93      1340    (H)   CROSS SPONSOR(S): BRICE                          
  01/20/94              (H)   TRA AT 05:00 PM CAPITOL 17                       
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
  TAPE 94-2, SIDE A                                                            
  Number 000                                                                   
                                                                               
  CHAIR FOSTER called the meeting to order at 5:10 p.m.                        
                                                                               
  SJR 29 - FEDERAL MANDATE OF MOTORCYCLE HELMETS                               
                                                                               
  CHAIR FOSTER introduced SENATOR ROBIN TAYLOR as the sponsor                  
  of SJR 29, and acknowledged REPRESENTATIVE TOM BRICE                         
  attending as an observer.                                                    
                                                                               
  Number 014                                                                   
                                                                               
  SENATOR TAYLOR introduced SJR 29 by stating, "I introduced                   
  Senate Joint Resolution 29 at the end of March last year as                  
  a mechanism to express the indignation of the Alaska State                   
  Legislature at the Congress for its blackmail tactics in the                 
  passage of the federal mandates.  SJR 29 specifically                        
  addressed what was then a proposed law mandating the passage                 
  of state laws requiring the use of motorcycle helmets.                       
  Unfortunately, since SJR 29 was introduced, the Congress has                 
  seen fit to pass that mandate and threaten the loss of                       
  federal highway funds as the penalty for noncompliance.                      
  While it may yet be necessary for this legislature to                        
  address the noncompliance issue, I still believe we should                   
  express to the Congress our displeasure at this violation of                 
  the state's regulatory authority under the Tenth Amendment,                  
  and of the threat to withhold federal funding if we do not                   
  submit to this blackmail.  I have taken the liberty of                       
  having a blank committee substitute drafted for your                         
  consideration, updating the language of SJR 29 to reflect                    
  the current situation.  I ask that you consider adopting                     
  this language as a Transportation Committee Substitute and                   
  pass this measure from your committee."                                      
                                                                               
  SENATOR TAYLOR emphasized that this was a matter of freedom                  
  of choice, and that the American public was intelligent                      
  enough to make these types of decisions by themselves.                       
                                                                               
  Number 082                                                                   
                                                                               
  REPRESENTATIVE VEZEY asked Senator Taylor what the tenth                     
  amendment was supposed to do.                                                
                                                                               
  SENATOR TAYLOR said it was supposed to limit the power of                    
  the federal government and reserve power to the states and                   
  the people, respectively.                                                    
                                                                               
  REPRESENTATIVE VEZEY asked Senator Taylor if, in his                         
  opinion, the tenth amendment was still in effect.                            
                                                                               
  SENATOR TAYLOR responded that though he'd like to believe it                 
  was, he hasn't seen it enforced for a long time.                             
                                                                               
  Number 109                                                                   
                                                                               
  REPRESENTATIVE HUDSON moved to adopt the House committee                     
  substitute for the committee substitute for SJR 29.  There                   
  were no objections, and the CS was adopted.                                  
                                                                               
  Number 115                                                                   
                                                                               
  REPRESENTATIVE MULDER asked Senator Taylor to clarify                        
  whether the state would be losing the 1.5%, or if the funds                  
  would just be diverted to the education program.                             
                                                                               
  SENATOR TAYLOR affirmed that, by his understanding, the                      
  funds would be diverted to an education fund which would be                  
  administered by the Department of Public Safety.  He added                   
  that the amount of money would be significant, but the                       
  Department of Public Safety did not know how it would spend                  
  that amount of money on educational programs, and he had                     
  suggested they buy some Harley Davidsons with it.                            
                                                                               
  Number 130                                                                   
                                                                               
  REPRESENTATIVE VEZEY moved that the committee pass the House                 
  CS for the CS for SJR 29 out of the Transportation Committee                 
  with individual recommendations.                                             
                                                                               
  CHAIR FOSTER asked that first, as a courtesy, the committee                  
  hear the testimony of those standing by both on                              
  teleconference and in the audience.                                          
                                                                               
  Number 145                                                                   
                                                                               
  SCOTT HAMANN, via teleconference, identified himself as                      
  president of the Kenai branch of ABATE (Alaskan Bikers                       
  Advocating Training and Education) and state legislative                     
  liaison for ABATE of Alaska.  Mr. Hamann thanked Senator                     
  Taylor for SJR 29 and expressed the belief that, over the                    
  past 200 years, our freedom has been tampered with.  He                      
  added that government cannot save everyone from the possible                 
  pitfalls in life, and that Alaskans are ready, willing, and                  
  able to take responsibility for their own lives.  He said 25                 
  other states have turned down mandatory helmet laws and                      
  passed resolutions similar to SJR 29.                                        
                                                                               
  MR. HAMANN urged that SJR 29 be passed out of committee and                  
  sent to Washington, along with S295 and HR799, which would                   
  rescind the penalties to all states and place personal                       
  freedom above all else.                                                      
                                                                               
  MR. HAMANN said the amount of money affected this year was                   
  $2.6 million, and next year's figure would be $5.2 million                   
  and, ultimately, we would never have to divert more than                     
  $5.2 million out of the Department of Transportation (DOT).                  
                                                                               
  Number 186                                                                   
                                                                               
  STEVE MILLER, via teleconference, echoed Mr. Hamann and                      
  stressed that we need to send the message to Washington that                 
  whether or not to wear motorcycle helmets is our personal                    
  choice.                                                                      
                                                                               
  Number 208                                                                   
                                                                               
  ROBERT BURGESS, via teleconference, echoed the sentiments of                 
  Senator Taylor and urged passage of SJR 29, and stated his                   
  nonsupport of SB 110.                                                        
                                                                               
  Number 215                                                                   
                                                                               
  CHUCK MITCHELL, via teleconference, identified himself as                    
  president of the Tanana Valley chapter of ABATE, and echoed                  
  Mr. Hamann's comments, adding that in the Fairbanks area                     
  there are more than 50 active members of ABATE, along with a                 
  brother organization of Harley owners, all supportive of SJR
  29.  Mr. Mitchell also urged support of HB 325.                              
                                                                               
  Number 229                                                                   
                                                                               
  CHAIR FOSTER expressed appreciation to the Fairbanks                         
  teleconference participants and asked if there were any                      
  testifiants present who wished to express opposition to SJR
  29.  There were none.                                                        
                                                                               
  Number 236                                                                   
                                                                               
  JAMES MACLEAN, via teleconference, identified himself as a                   
  48 year old, insured motorcycle driver, and echoed the                       
  sentiments of Senator Taylor, adding that he used to live in                 
  California and never wore a helmet while on either his                       
  motorcycle or his bicycle.                                                   
                                                                               
  Number 242                                                                   
                                                                               
  BERT HAROLD, via teleconference, urged passage of SJR 29 and                 
  expressed his opposition to most things which are made                       
  mandatory by government.  He wondered why there aren't other                 
  laws prohibiting smoking or drinking if the government is so                 
  worried about protecting people from harm.  He also wondered                 
  where all of the people were who favor mandatory helmet                      
  laws, since everyone he comes across is in opposition.                       
                                                                               
  Number 281                                                                   
                                                                               
  JOHN BURLISON, via teleconference, echoed the above                          
  sentiments, emphasizing the right of individual freedom in                   
  decision making.                                                             
                                                                               
  Number 287                                                                   
                                                                               
  MATTHEW ELLIS, via teleconference, echoed the above                          
  sentiments and informed the committee that he was                            
  participating in an attempt to get a rider safety course                     
  going up in the Fairbanks area, but they were running into                   
  brick walls due to lack of funding.  Mr. Ellis suggested                     
  that perhaps some of the funds Senator Taylor mentioned                      
  Public Safety not being able to use could be channeled into                  
  the rider safety courses.                                                    
                                                                               
  Number 298                                                                   
                                                                               
  BRUCE OCKRASSA, via teleconference, thanked Senator Taylor                   
  for introducing SJR 29, and echoed the above sentiments.                     
                                                                               
  SHARON MINZLAFF, via teleconference, discussed the                           
  importance of choice, thanked Senator Taylor for introducing                 
  SJR 29, and urged its passage.                                               
                                                                               
  Number 352                                                                   
                                                                               
  AUGGIE MINZLAFF, via teleconference, echoed the sentiments                   
  of Sharon Minzlaff, and added that helmets do not replace                    
  safe operation of motorcycles and they actually give riders                  
  a false sense of security.  He would like to see money go                    
  into motorcycle driver training/safety courses.  Mr.                         
  Minzlaff mentioned that he is a member of ABATE of Alaska,                   
  and that ABATE stands for Alaskan Bikers Advocating Training                 
  and Education; he is also a member of the Harley Owners                      
  group.                                                                       
                                                                               
  Number 390                                                                   
                                                                               
  BOYD MCFAIL, via teleconference, identified himself as a                     
  legislative affairs officer for the Anchorage chapter of                     
  ABATE, and said that federal blackmail was taking away from                  
  the committee members' jobs as legislators.  He suggested                    
  that Alaska should get together with other states and take                   
  the federal government to task.  Mr. McFail urged passage of                 
  SJR 29, adding that he and members of his group would be                     
  giving the same argument if there were a federal mandate                     
  that no helmets may be worn; the issue is choice.                            
                                                                               
  Number 453                                                                   
                                                                               
  STEVE RASMUSSEN, from Juneau, identified himself as a member                 
  of both the Anchorage and Fairbanks Harley owners group, and                 
  the Southeast Panhandler's motorcycle club in Juneau.  He                    
  stated that he was attending the meeting to vouch for his                    
  right to freedom of choice, and also for the rights of the                   
  legislature to make its laws free of blackmail.  He strongly                 
  supported SJR 29 as a reflection of the desire for freedom                   
  unique to Alaska, the Last Frontier.  Mr. Rasmussen added                    
  that he has gathered thousands of signatures opposing SB
  110.                                                                         
                                                                               
  Number 486                                                                   
                                                                               
  SCHUYLER STEVENS, Chief Engineer with the Department of                      
  Transportation and Public Facilities (DOT/PF), said that SJR
  29 was a commendable effort to inform the federal government                 
  that it was infringing on the rights of the state of Alaska.                 
  The state of Alaska has twice appealed to the federal                        
  government, once by the commissioner, and once by the                        
  governor.  In December, the state of Alaska got formal                       
  notice and has had sanctions imposed for the next fiscal                     
  year of approximately $2.7 million, effective October 1,                     
  1994.  If a law is not in effect by that date, the feds say                  
  Alaska will be drained of another $5.543 million, and the                    
  following year would be approximately $5.8 million.  Mr.                     
  Stevens said for following years, the amount would go up 3%                  
  per year, so it does increase yearly -- over three years, it                 
  would be around $14 or $15 million dollars.                                  
                                                                               
  MR. STEVENS noted that 28 states are having sanctions                        
  imposed, and of those 28, 25 are for lack of helmet laws,                    
  and five are for lack of seat belt and/or helmet laws.  The                  
  DOT/PF believes all state legislative bodies should be                       
  encouraged to take action such as that represented by SJR
  29; however, the DOT/PF does feel that the loss of the above                 
  monies over the years from federal highway capital                           
  improvement projects is very substantial.  He said six or                    
  eight years down the road you could be looking at a $20 to                   
  $25 million loss to the state.  Once lost, projects cannot                   
  be recovered out of the 402 money.  Any monies taken from                    
  the federal aid trust fund went to the 402 projects, and                     
  they can only be used for collecting and analyzing data,                     
  conducting studies, developing technical guides, purchasing                  
  equipment for inventory monitoring and testing, providing                    
  technical highway safety training, and developing various                    
  safety programs.  Mr. Stevens stressed that these monies                     
  cannot be used to dig holes, put up signs, erect guardrails;                 
  in other words, no capital improvement.  He added that the                   
  states which have been sanctioned this year have been                        
  sanctioned a total of $53 million, and next year it will be                  
  roughly $107 million.  Money can go out of the trust fund                    
  into 402, but it cannot come out of the 402 program and go                   
  back into the trust fund.                                                    
                                                                               
  MR. STEVENS remarked that if Commissioner Campbell needs                     
  more 402 money, the DOT/PF has said it could be available,                   
  but the Commissioner has not yet sought any.  He said                        
  Commissioner Campbell and Commissioner Burton are behind SJR
  29, but do feel the loss of federal monies is very                           
  substantial.                                                                 
                                                                               
  Number 532                                                                   
                                                                               
  REPRESENTATIVE MULDER asked Mr. Stevens if the state was                     
  currently using the funds diverted from the 402 fund to                      
  build roads.                                                                 
                                                                               
  MR. STEVENS affirmed, adding that there are monies                           
  available.  He referred to section 153, "Use of Safety Belts                 
  and Motorcycle Helmets."  He added that, in his personal                     
  opinion, the state should also have objected, strongly, to                   
  passage of the seat belt law.  Under section 153, grants are                 
  made for training if the state has in effect a helmet law                    
  and a seat belt law.  Mr. Stevens stressed the word "and" in                 
  the last sentence.                                                           
                                                                               
  Number 549                                                                   
                                                                               
  (CHAIR FOSTER noted REpresentative Mackie's arrival had been                 
  at 5:20 p.m.)                                                                
                                                                               
  Number 550                                                                   
                                                                               
  REPRESENTATIVE HUDSON asked Mr. Stevens what he thought the                  
  state could do in concert with other states which have                       
  protested the federal intrusion into their sovereignty, and                  
  he wondered if the department has made any kind of cross-                    
  state appeal for collective action against the federal                       
  government, or collective lobbying to the federal government                 
  in behalf of "getting out of our face."                                      
                                                                               
  Number 558                                                                   
                                                                               
  MR. STEVENS responded that he was confident Commissioner                     
  Campbell had contacted what states he could on various                       
  subjects, this being one of them, and he felt very strongly                  
  about this, which was why the strong appeals went back to                    
  D.C. Mr. Stevens added that the sanction that came back was                  
  a combined notice of sanction both by the administrator of                   
  the National Highway Traffic Safety Administration and the                   
  Federal Highway Administration.  There is no recourse beyond                 
  appealing to Congress, according to Mr. Stevens.  He also                    
  noted that the DOT/PF had just received notice that,                         
  effective April, 1994, Illinois, Indiana, and California are                 
  supposed to lose all of their Federal Aid Highway Trust Fund                 
  dollars.                                                                     
                                                                               
  Number 570                                                                   
                                                                               
  REPRESENTATIVE VEZEY asked Mr. Stevens if there were any                     
  statistics proving benefits of the Highway Safety Program                    
  implemented seven or eight years ago.                                        
                                                                               
  MR. STEVENS indicated he did not know, but could get that                    
  information for Representative Vezey from Public Safety.                     
                                                                               
  Number 582                                                                   
                                                                               
  REPRESENTATIVE MULDER asked JUANITA HENSLEY if it was an                     
  ascending scale, at 3% additional each year, as Mr. Stevens                  
  had stated, or if she had some other understanding.                          
                                                                               
  Number 590                                                                   
                                                                               
  JUANITA HENSLEY, Department of Public Safety/Division of                     
  Motor Vehicles, responded that the figure is 1.5% for                        
  federal fiscal year 1995, which begins October 1, 1994; and                  
  if we do not have a helmet law by October 1, 1995, the                       
  figure would be 3%, and remain at 3% for respective years                    
  thereafter.  Ms. Hensley added that the Department of Public                 
  Safety supports motorcycle helmets, and in fact, Senate                      
  Transportation introduced Senate Bill 110 last year on                       
  behalf of the Department of Public Safety.                                   
                                                                               
  Number 599                                                                   
                                                                               
  REPRESENTATIVE MULDER asked Ms. Hensley if the Department of                 
  Public Safety was planning on having a safety program in                     
  place for the upcoming summer.                                               
                                                                               
  Number 600                                                                   
                                                                               
  MS. HENSLEY responded that when the funds are transferred                    
  in, the Department of Public Safety must do a highway safety                 
  plan in which agencies can request funds through grants.                     
  These funds can be used for motorcycle safety programs,                      
  enforcement programs, or anything which involves highway                     
  safety.  Ms. Hensley referred to a statute in Title 28 that                  
  allows the commissioner to adopt regulations regarding                       
  driver training programs.  There are commercial driver                       
  training schools which are licensed in Alaska; such schools                  
  are controlled through Ms. Hensley's office.  There are also                 
  defensive driving programs which carry over to motorcycle                    
  programs.                                                                    
                                                                               
  REPRESENTATIVE MULDER asked Ms. Hensley what the average                     
  cost is to go through a motorcycle safety program.                           
                                                                               
  Number 618                                                                   
                                                                               
  MS. HENSLEY responded that no one has applied for a                          
  motorcycle safety program license through her office,                        
  although they do have a commercial driving school which                      
  varies from $300 to $500 for a 40 hour course of behind-the-                 
  wheel training.                                                              
                                                                               
  Number 624                                                                   
                                                                               
  MR. MCFAIL, via teleconference, informed the committee that                  
  on base there is a motorcycle safety program, run by a                       
  national motorcycle safety foundation, which costs the                       
  beginner $45 for a two-day course.                                           
                                                                               
  TAPE 94-2, SIDE B                                                            
  Number 014                                                                   
                                                                               
  REPRESENTATIVE HUDSON made the comment that SJR 29 primarily                 
  speaks to powers of the state versus mandatory legislation,                  
  and asked Ms. Hensley if he was correct in assuming that the                 
  Department of Public Safety supports SJR 29.                                 
                                                                               
  Number 019                                                                   
                                                                               
  MS. HENSLEY affirmed that the Department of Public Safety                    
  supports both SJR 29 and the motorcycle helmet bill.  She                    
  added that the federal government prohibits supplanting                      
  general funds with monies transferred; general funds cannot                  
  be substituted for the safety funds.                                         
                                                                               
  Number 036                                                                   
                                                                               
  REPRESENTATIVE DAVIS asked Ms. Hensley if the funds could be                 
  RSAed to the Department of Education for driver's education                  
  in public schools.                                                           
                                                                               
  Number 038                                                                   
                                                                               
  MS. HENSLEY responded that a grant would have to be written                  
  for it and be approved.                                                      
                                                                               
  Number 044                                                                   
                                                                               
  TERRY BRENNER, from Juneau, identified himself as a 55 year                  
  old motorcycle rider who wears a helmet 100% of the time,                    
  but it is his own choice.  Mr. Brenner believes that                         
  motorcycle riders should have the choice.  He stated that,                   
  in the last few years, there have been three different                       
  motorcycle safety foundation courses in Juneau.  Those                       
  courses were sponsored by motorcycle riders themselves, with                 
  no federal or state help offered.  The courses cost each                     
  rider $150, and they had to pay to bring instructors to                      
  Juneau from Seattle and Anchorage. The entire cost for this                  
  was borne by the riders themselves.  Mr. Brenner made the                    
  point that although there will be a loss of funds, the                       
  alternative is the state of Alaska selling its rights for a                  
  couple million dollars.  Mr. Brenner said he supports SJR
  29.                                                                          
                                                                               
  Number 095                                                                   
                                                                               
  CHUCK LANDERS, testifying from Juneau, stated that he was                    
  attending not as an assemblyman, but as a private citizen.                   
  Mr. Landers identified himself as an organ recipient who got                 
  his kidney from a deceased motorcycle rider.  As an organ                    
  recipient, he thinks it's great that motorcyclists don't                     
  wear helmets since such a large percentage of donated organs                 
  come from ones who died in crashes while not wearing                         
  helmets.  Mr. Landers added that as a concerned citizen,                     
  however, the supreme loss of a life from not wearing a                       
  helmet is a greater loss than not getting an organ.  He said                 
  ex-motorcycle drivers are the primary donors of kidneys.                     
  Mr. Landers thought the issue was not rights, it was the                     
  safety of the entire population.                                             
                                                                               
  MR. OCKRASSA responded via teleconference to Mr. Landers'                    
  comments by saying the issue was not safety, it was                          
  individual rights.                                                           
                                                                               
  Number 140                                                                   
                                                                               
  SENATOR TAYLOR thanked Chair Foster, members of the                          
  committee, Ms. Hensley and Mr. Stevens, and all those who                    
  testified for adding their perspectives.                                     
                                                                               
  Number 152                                                                   
                                                                               
  REPRESENTATIVE VEZEY restated his motion to move House CS                    
  for CS for SJR 29 out of committee.                                          
                                                                               
  Number 153                                                                   
                                                                               
  There were no objections, and CHAIR FOSTER declared SJR 29                   
  to be moved out of committee with individual                                 
  recommendations.                                                             
                                                                               
  Number 160                                                                   
                                                                               
  CHAIR FOSTER adjourned the meeting at 6:05 p.m.                              

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