Legislature(1993 - 1994)
01/20/1994 05:00 PM House TRA
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+ teleconferenced
= bill was previously heard/scheduled
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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