Legislature(1995 - 1996)
02/20/1995 01:05 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE TRANSPORTATION STANDING COMMITTEE
February 20, 1995
1:05 p.m.
MEMBERS PRESENT
Representative Gary Davis, Chairman
Representative Beverly Masek, Vice Chairman
Representative Tom Brice
Representative Bill Williams
Representative Eileen MacLean
Representative Jeannette James
Representative Jerry Sanders
MEMBERS ABSENT
None
COMMITTEE CALENDAR
* HB 48:"An Act relating to motorcycle safety and to use of
helmets by operators of motorcycles."
PASSED OUT OF COMMITTEE
* HCR 9:Relating to Alaska School Bus Driver Appreciation Day.
PASSED OUT OF COMMITTEE
(* First public hearing)
WITNESS REGISTER
MARGOT O. KNUTH, Assistant Attorney General
Criminal Division
Department of Law
Court Building, Room 717
Juneau, Alaska 99811-0300
Telephone: 465-3248
POSITION STATEMENT: Testified in support of HB 48
JUANITA HENSLEY, Chief of Driver Services
Division of Motor Vehicles
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99802
Telephone: 465-2650
POSITION STATEMENT: Testified in support of HB 48
SCOTT HAMANN, Member
Kenai/Soldotna Alaskan Bikers Advocating
Training and Education
P.O. Box 934
Kenai, Alaska 99611
Telephone: 283-4481
POSITION STATEMENT: Supported HB 48
CHARLES MITCHELL, President
Tanana Valley Alaskan Bikers Advocating
Training and Education
1943 Bridgewater Dr.
Fairbanks, Alaska 99709
Telephone: 457-3246
POSITION STATEMENT: Supported HB 48
PAT CAFFREY, Member
Tanana Valley Alaskan Bikers Advocating
Training and Education
P.O. Box 58281
Fairbanks, Alaska 99711
Telephone: 488-4566
POSITION STATEMENT: Supported HB 48
RICHARD GEIGER, Member
Tanana Valley Alaskan Bikers Advocating
Training and Education
244 Ina Way
Fairbanks, Alaska 99701
Telephone: 452-4797
POSITION STATEMENT: Supported HB 48
JAMES MACLEAN, Former member
Alaskan Bikers Advocating Training and Education
3722 Peger Road
Fairbanks, Alaska 99701
Telephone: 474-9688
POSITION STATEMENT: Supported HB 48
KIM ZUFELT, Member
Kenai/Soldotna Alaskan Bikers Advocating
Training and Education
P.O. Box 294
Kenai, Alaska 99611
Telephone: 262-4704
POSITION STATEMENT: Supported HB 48
RICK ZUFELT, Member
Kenai/Soldotna Alaskan Bikers Advocating
Training and Education
P.O. Box 294
Kenai, Alaska 99611
Telephone: 262-4704
POSITION STATEMENT: Supported HB 48
PREVIOUS ACTION
BILL: HB 48
SHORT TITLE: MOTORCYCLE SAFETY
SPONSOR(S): REPRESENTATIVE(S) BRICE,Brown,Navarre
JRN-DATE JRN-PG ACTION
01/06/95 33 (H) PREFILE RELEASED
01/16/95 33 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 33 (H) TRA, JUD, FIN
01/27/95 162 (H) COSPONSOR(S): BROWN
02/01/95 210 (H) COSPONSOR(S): NAVARRE
02/15/95 (H) TRA AT 01:00 PM CAPITOL 17
02/20/95 (H) TRA AT 01:00 PM CAPITOL 17
BILL: HCR 9
SHORT TITLE: SCHOOL BUS DRIVER APPRECIATION DAY
SPONSOR(S): TRANSPORTATION
JRN-DATE JRN-PG ACTION
02/06/95 252 (H) READ THE FIRST TIME - REFERRAL(S)
02/06/95 252 (H) TRANSPORTATION
02/15/95 (H) TRA AT 01:00 PM CAPITOL 17
02/20/95 (H) TRA AT 01:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 95-4, SIDE A
Number 000
The House Transportation Committee was called to order by Chairman
Gary Davis at 1:05 p.m. Members present at the call to order were
Representatives G. Davis, Masek, Williams, Brice, James and
MacLean. Members absent were Representative Sanders.
CHAIRMAN GARY DAVIS announced the agenda will start with HB 48. He
recognized that people were standing by to testify on
teleconference from Soldotna and Fairbanks, as well as individuals
from the Department of Transportation and Division of Motor
Vehicles in the audience.
HTRA - 02/20/95
HB 48 - MOTORCYCLE SAFETY
Number 014
REPRESENTATIVE TOM BRICE, Sponsor of HB 48, stated that currently
state statute is outdated when it comes to terms of what we
consider a motorcycle license. Currently, the statutes refer to
singly license to operate a motorcycle, however, the division no
longer singly license motorcycle operators. What they provide is
an endorsement on the driver's license. This led to some
confusion, and also to an Attorney General's Opinion in the fall of
1993, which would have reversed state policy for a number of years
(I believe, close to 16 or 17 years) of the state not having a
helmet law for the operator of a motorcycle over 18.
Representative Brice further explained that the Attorney General's
Office, in an attempt to capture Intermodal Surface Transportation
Efficiency Act (ISTEA) funds, wrote an opinion saying the state did
have a helmet law, and that only those people who were singly
licensed to operate a motorcycle, could go without a helmet. This
was misinterpreted by the public, as well as the legislature.
Representative Brice explained that HB 48 simply clarifies the
current state policy, that Alaska does not have helmet laws in
place for operators over 18 years of age. Representative Brice
asked if there were any questions.
Number 080
CHAIRMAN DAVIS concurred with Representative Brice and stated he
had reviewed the bill. Chairman Davis mentioned two people in the
local audience have requested to testify. Chairman Davis
introduced Margot Knuth from the Department of Law.
Number 095
MARGOT KNUTH, Assistant Attorney General, Criminal Division,
Department of Law, said she was here on behalf of the Governor who
supports HB 48. She said there has been reference made to an
Attorney General's Opinion from 1993 related to this issue. She
stated there is a memo was from an attorney with the Department of
Law that was prepared in 1993. It did not rise to the level of an
Attorney General's Opinion and it was withdrawn on December 20,
1993. At this point, our understanding and the interpretation of
the law in this state, is that we do not require adults to wear
helmets. She said HB 48 will clarify that that is indeed the state
of Alaska's position. Ms. Knuth said Alaska is with 25 other
states that have declined the "opportunity" that the federal
government has provided for all states to require motorcycle
helmets to be used. She said there's obviously an issue between a
matter of public safety and a matter of respecting a person's
liberties and the freedom to make decisions for themselves about
their safety.
MS. KNUTH said the Governor does not wish anyone to be injured when
riding a motorcycle, but at the same time, for the state of Alaska
to tell its citizens in this detail, how they are to conduct the
affairs of their life is a serious matter. She reiterated the fact
that 25 other states have declined to impose this requirement. She
commented that the result of it isn't a loss of the federal funds,
but a transfer of those funds from the Department of Transportation
to the Department of Public Safety. She stated the monies are
being utilized for public safety matters; that is, matters to
protect the safety of the people of the state of Alaska. She
indicated this allocation has been ongoing for the past year and
can continue to happen, it seems satisfactory - it achieves several
goals.
Number 127
REPRESENTATIVE JEANNETTE JAMES commented that she concurs with the
bill.
CHAIRMAN DAVIS thanked Ms. Knuth for her testimony and called
Juanita Hensley from the Division of Motor Vehicles (DMV),
Department of Public Safety to testify.
Number 156
JUANITA HENSLEY, Chief of Driver Services, Department of Public
Safety, stated her concerns regarded Section 1 of HB 48, which adds
a new section requiring the department to adopt regulations
implementing a motorcycle safety program. Ms. Hensley explained
that the department currently licenses commercial driving schools
under AS 28. She added the department also has regulations
regarding the type of instruction, who can be instructors, and how
the training is to be conducted, etc. The Division of Motor
Vehicles currently has a defensive driving program for motorcycles
riders. She mentioned there was one organization in Anchorage that
is certified to teach a defensive driving program for motorcycle
riders. Ms. Hensley stated the DMV has an application for ABATE
(Alaskan Bikers Advocating Training and Education) of Alaska to
become a commercial driving school for motorcycles. The curriculum
is being submitted and is being reviewed at this time. She
commented that the department feels the existing statute and
regulations are broad enough to cover motorcycle safety and they
are currently licensing and certifying programs to do that, and
have for some time. She said the department supports HB 48, but
pointed out that it would require them to adopt separate
regulations for motorcycle safety and they are currently doing that
program under the existing laws and regulations.
REPRESENTATIVE JAMES referred to Section 1 of HB 48 which states
"it is the policy of the state that the Department of Public Safety
implement a motorcycle safety program." Representative James asked
Ms. Hensley for confirmation regarding the existing program of the
Department of Public Safety on this matter.
MS. HENSLEY responded that the department has in regulation and it
is broad enough in the current statute, that DMV can license and
implement a motorcycle safety program through the current
regulations and law. She commented there is one organization in
Anchorage that has an approved defensive driving program for
motorcycles only.
REPRESENTATIVE JAMES commented that from Ms. Hensley's testimony,
it appeared to her that if Section 2 was removed from the bill,
then Section 1 is not going to make any difference to what DMV is
doing.
MS. HENSLEY responded that is correct.
Number 213
CHAIRMAN DAVIS stated that both Section 1 and Section 2 are
currently being provided and that Ms. Hensley's testimony is that
this would mandate - they're being provided as a matter of policy,
but not as a matter of law.
MS. HENSLEY reiterated the law was broad enough to cover motorcycle
safety programs. She said Section 1 would just be an instruction
from the legislature to the department, and according to her
interpretation, the legislature is wanting the Department of Public
Safety to use the existing laws to include a motorcycle safety
program that is currently being done. Section 2 of the bill then
would mandate the department to write regulations that would speak
directly to motorcycle safety. The department feels the law is
already broad enough that the department can cover that type of a
program in their safety programs.
Number 232
REPRESENTATIVE DAVIS recognized there were people on teleconference
from Soldotna.
SCOTT HAMANN, Member of Kenai/Soldotna ABATE, stated his support
and the support of Alaska Bikers Advocating Training and Education
(ABATE) for HB 48. He concurred with Ms. Hensley that a lot is
already being done in the state, but he would like to see the state
review this and maybe put it into law, instead of having it handled
through the administration process. He felt the main reason for
the bill was for the final section to change the wording to clarify
the current law.
Number 257
CHAIRMAN DAVIS recognized Charles Mitchell on teleconference from
Fairbanks.
CHARLES MITCHELL, President, Tanana Valley ABATE, stated he and
ABATE were in full support of the bill. He further explained that
after many discussions, Representative Tom Brice introduced this
bill in 1993 and would like to see the state support it, and the
legislature to recommend that the Department of Transportation
formalize this in some manner.
CHAIRMAN DAVIS stated for the record that Representative Jerry
Sanders joined the meeting at 1:10 p.m. Chairman Davis recognized
Pat Caffrey from Fairbanks on teleconference.
PAT CAFFREY, Member, Tanana Valley ABATE, testified that he
completely supports HB 48, as it clarifies current helmet laws and
recognizes motorcycle safety training.
RICHARD GEIGER, Member, Tanana Valley ABATE, testified that he also
supports HB 48.
JAMES MACLEAN, Member, Tanana Valley ABATE, testified that he
supports HB 48.
REPRESENTATIVE JAMES asked the people who testified from Fairbanks
if they would have any problem deleting Section 2 of the bill,
particularly since we are faced with extra costs, and regulations
are already in effect.
Number 304
MR. MITCHELL from Fairbanks responded that to the best of his
knowledge there was a $4,000 tab added to this for rewriting some
of the existing laws. He stated this could be verified with
Representative Tom Brice's office. Mr. Mitchell felt that $4,000
was not too much of an expenditure to formalize this issue.
CHAIRMAN DAVIS added this was a one-time, not a continuous
expenditure. He recognized that others were on-line from Soldotna
to testify.
KIM ZUFELT, Member, Kenai/Soldotna ABATE, testified that she
supports HB 48.
RICK ZUFELT, Member, Kenai/Soldotna ABATE, testified that he
supports HB 48 and believed that Section 2 should remain, as $4,000
is a menial cost compared to some of the other things we spend
money on.
REPRESENTATIVE JAMES explained that she had been working
extensively on regulation reform and said that she finds
regulations are extremely time-consuming, costly and interfering
with the rights of the people to do things. She added that she did
not want to see an extensive amount of regulations, but understands
the need for them. Representative James directed a question to Ms.
Hensley regarding Section 2 which states, "regulations necessary to
implement a motorcycle safety program." Representative James asked
if it couldn't be construed that the existing regulations would
meet this criteria, so new regulations would not have to be
written.
MS. HENSLEY responded it was her belief that the existing
regulations and statute that are in place now, are broad enough to
cover Section 2.
REPRESENTATIVE JAMES asked Ms. Hensley, "Even if we leave Section
2 in, it will not cause you to write new regulations?"
MS. HENSLEY acknowledged that it would require the adoption of new
regulations, because it is mandating the department to have
regulations specifically tied to a motorcycle safety program. She
further explained that the other regulations currently in place
deal with an overall safety program for driver training. This would
be mandating that the department adopt regulations strictly for a
motorcycle safety program. Ms. Hensley reiterated this would be
further broadening the current regulations.
Number 351
CHAIRMAN DAVIS commented that the "key provision here is since we
are implementing it, then it is in statute and not something that
you can do or can't do. It is something that you shall do and that
is where, I think some of the testimony indicated that is what the
testimonies wanted and I don't tend to speak for the maker of the
legislation." Chairman Davis added that the main difference is
clarification for later administrations and later personnel in
different departments.
Number 360
REPRESENTATIVE BRICE commented that he and Chairman Davis had sat
on the Administrative Regulation Review together and what they
don't want to do, but they understand, that quite often an
administration's points of view do vary from administration to
administration. During the next four years, the Governor may be
very amenable to a motorcycle safety program; however, the next
Governor may say forget it. Representative Brice felt that placing
it in statute would assure there would be enough understanding
about what the legislators' desires are and the administrations
will follow through.
CHAIRMAN DAVIS stated he understood the concern of Representative
James in regard to how regulations can become misconstrued from the
original intent, which was what brought this particular legislation
to the table; that being the intent of a statute which did not
follow the intended interpretations. Chairman Davis felt
comfortable with ABATE's involvement.
Number 392
REPRESENTATIVE JAMES responded she would be a lot more comfortable
if that one line said that we were recognizing ABATE as the
official people to do the training. She explained that her problem
stems from the fact that when regulations are written intending to
be in the best of interest, but then they go through the Department
of Law and loose intent. Representative James stated she would not
make a motion to delete that part out because it seems to be the
interest of everyone not to do that, but she emphasized she was not
happy with that. She further emphasized that she had no problem
with making ABATE become the official trainers of motorcycle
safety. She explained this would abolish the need for regulations
and the training would be ABATE's responsibility and they would
determine how their safety program should be carried out.
Representative James concluded by stating, "I don't think we as a
state, are that knowledgeable, and I think that the more
regulations we can get out of our Administrative Procedures Act,
the better our state will run."
Number 407
CHAIRMAN DAVIS stated his concerns for the importance of
regulations and the importance of input on this issue. He added
that it would be Representative Brice's responsibility to monitor
the passage of HB 48.
REPRESENTATIVE MASEK added "it was too bad that one phoney opinion
by one attorney is causing the legislature to go through the
trouble and expense of this bill". She stated it is her belief
that the extra protection of HB 48 is important for the people
involved. She added that she concurs with Representative James's
concerns on the regulation process and would support HB 48.
Number 415
REPRESENTATIVE BILL WILLIAMS recommended HB 48 be moved out of
committee with individual recommendations and attached fiscal note.
CHAIRMAN DAVIS asked if there were any objections. Hearing none,
HB 48 passed out of committee.
HTRA - 02/20/95
HCR 9 - SCHOOL BUS DRIVER APPRECIATION DAY
CHAIRMAN DAVIS introduced HCR 9 and noted there was a
miscommunication on the first WHEREAS as to the number of school
bus drivers, so a Committee Substitute was prepared indicating the
correct estimate.
REPRESENTATIVE BRICE moved the CS for HCR 9(TRA) for the purposes
of debate and work draft.
CHAIRMAN DAVIS explained that the CS for HCR 9(TRA) was at the
request of the state school bus drivers association, and also the
Speaker, who had introduced this HCR last year. Chairman Davis
commented on the important responsibility placed on the school bus
drivers. He emphasized the importance of acknowledging the school
bus drivers and the children. He stated HCR 9 was self-explanatory
and asked for further discussion or debate.
REPRESENTATIVE BRICE made a motion to move CS for HCR 9(TRA) with
individual recommendations and the accompanying fiscal note out of
committee.
CHAIRMAN DAVIS asked if there were any objections. Hearing none,
CS HCR 9(TRA) was moved out of the House Transportation Committee
with individual recommendations.
ADJOURNMENT
There being no further business to come before the House
Transportation Committee, Chairman Davis adjourned the meeting at
1:32 p.m.
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