Legislature(1995 - 1996)
02/22/1996 01:36 PM Senate TRA
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SENATE TRANSPORTATION
February 22, 1996
1:36 p.m.
MEMBERS PRESENT
Senator Steve Rieger, Chairman
Senator Lyda Green
Senator Al Adams
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Robin Taylor, Vice Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 57
"An Act relating to driver's licensing; and providing for an
effective date."
SENATE BILL NO. 196
"An Act naming the new maritime ferry vessel Koniag."
PREVIOUS SENATE ACTION
SB 196 - No previous action to record.
HB 57 - No previous action to record.
WITNESS REGISTER
Melinda Gruening, Staff
Representative Joe Green
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Discussed HB 57.
Mark Johnson, Chief
Community Health & Emergency Medical Services
Department of Health & Social Services
PO Box 110616
Juneau, Alaska 99811-0610
POSITION STATEMENT: Supported the intent of HB 57.
John George
National Association of Independent Insurers
3328 Fritz Cove Road
Juneau, Alaska
POSITION STATEMENT: Discussed the importance of saving lives and
injuries.
Juanita Hensley, Chief
Drivers Services
Division of Motor Vehicles
Department of Public Safety
PO Box 20020
Juneau, Alaska 99811-0020
POSITION STATEMENT: Discussed HB 57.
Jay Dulany, Director
Division of Motor Vehicles
Department of Public Safety
5700 E Tudor Road
Anchorage, Alaska 99507-1225
POSITION STATEMENT: Discussed HB 57.
Senator Zharoff, Prime Sponsor
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Discussed SB 196.
ACTION NARRATIVE
TAPE 96-3, SIDE A
STRA - 2/22/96
HB 57 LICENSING REQUIREMENTS FOR DRIVERS
CHAIRMAN RIEGER called the Senate Transportation meeting to order
at 1:36 p.m. and introduced HB 57 as the first order of business
before the committee.
Number 008
MELINDA GRUENING, Staff to Representative Joe Green, said that
HB 57 would establish a graduated driver's license system.
Currently, 16 to 20-year-old drivers constitute 6.2 percent of
Alaskan drivers while accounting for 14 percent of all accidents
and 28 percent of all fatal crashes. Among this age group, a large
number of accidents occur in the early morning hours. Ms. Gruening
informed the committee that compared to adult drivers, teens are
twice as likely to be involved in fatal crashes. Current licensing
procedures allow a young novice driver to take a vision test, pay
a fee, drive around the block, and answer 20 questions before
receiving their license. HB 57 would ease the young novice driver,
under controlled conditions, into the driving environment by
increasing the amount of his/her behind-the-wheel practice, by
increasing his/her exposure to progressively more difficult driving
situations, and by requiring him/her to demonstrate a safe and
responsible driving record in order to receive a full license.
Under HB 57, a 14-year-old may apply for a learner's permit.
Providing the learner's permit is held for six months, a 16-year-
old can receive a provisional license. The provisional license has
restricted nighttime driving hours between 1:00 a.m. and 5:00 a.m.
with the exception for driving between work and home using the most
direct route. If the youth's driving performance has proven to be
satisfactory during the one year provisional license, an
unrestricted license can be granted at age 17. Ms. Gruening
pointed out that under a provisional license, the licensee can only
collect six points in a year rather than the 12 points allowed with
a regular license. Currently, 13 other states have similar
legislation with portions of the graduated driver's license
provisions. Furthermore, studies in these states illustrate that
nighttime restrictions have significantly reduced accidents. HB 57
would allow the Department of Public Safety to utilize new federal
funding to implement such legislation. Ms. Gruening informed the
committee that the disproportional number of teenage accidents
nationwide resulted in the "High Risk Drivers Act of 1993" in which
states implementing programs for young drivers would receive
monetary incentives. The fiscal note reflects this federal
funding. In conclusion, Ms. Gruening said that Representative
Green believes that this legislation would end teenage carnage on
the highways as it has in states with similar legislation.
Number 076
SENATOR ADAMS inquired as to how many states have enacted such
legislation. MELINDA GRUENING said that although 13 states have
enacted some form of restrictions, no state has legislation exactly
like HB 57. There are similar laws in New Zealand which have
resulted in a significant decrease in teenage deaths and accidents.
SENATOR ADAMS asked how HB 57 would affect the workload of the
Department of Motor Vehicles (DMV) since the youth would be
required to return to the DMV in order to pay for his/her license
after holding a provisional license for a year. MELINDA GRUENING
deferred to Juanita Hensley.
SENATOR ADAMS said that changing the number of points an individual
is penalized from 12 to 6 creates a problem. For example, if a
young person was out between the hours of 1:00 a.m. and 5:00 a.m.
that young person could be penalized with two points. After three
incidents, the young person would be without a driver's license.
MELINDA GRUENING agreed with that assessment. If this was the
first time the six points had been reached under the provisional
driver's license, the individual would have to wait 30 days before
reapplying.
Number 119
CHAIRMAN RIEGER indicated that he did not see the length of time
listed to which Ms. Gruening was referring.
MELINDA GRUENING said that the DMV gave her this information.
Perhaps, Juanita Hensley could better address this question. Ms.
Gruening said that Ms. Hensley had told her that the first time six
points is reached there would be a 30 day waiting period.
Thereafter, if the person had two offenses or rather six points
were reached in a two year period, there would be a three month
wait before the provisional license could be reinstated.
SENATOR ADAMS inquired as to why the points penalty was changed as
it applies to youth under the bill. MELINDA GRUENING explained
that the purpose was to allow the young person with a provisional
license to demonstrate a safe driving record before receiving an
unrestricted driver's license.
SENATOR ADAMS emphasized that he had concerns with the points
section of the bill. Senator Adams felt that the points penalty
should remain at 12 or receive further discussion.
In response to Senator Green, MELINDA GRUENING said that there had
not been much discussion regarding the change to a 25 year old to
accompany the learning driver. That age was chosen because the
insurance actuarial charts show that those drivers have a safer
record.
Number 162
MARK JOHNSON, Chief Community Health & Emergency Medical Services
for DHSS, supported the intent of HB 57. Statistics demonstrate
that motor vehicle related injuries are a significant public health
problem for the youth in Alaska. Motor vehicle crashes are the
number one cause of hospitalization of Alaska's youth and the
number two cause of death following suicide. Mr. Johnson said that
anything that would reduce this public health problem would be
supported by the department; there seems to be evidence that
legislation such as HB 57 would help.
Mr. Johnson pointed out that the "Alaska Youth Risk Behavior
Survey" was released today. The survey stated on page 2 that 12.3
percent of high school age youth in Alaska had been involved in
drinking and driving. He offered to make the survey available to
the committee.
Number 190
CHAIRMAN RIEGER asked Mr. Johnson if he believed that the penalty
for drinking and driving should be higher than for only drinking.
MARK JOHNSON replied yes.
SENATOR ADAMS inquired as to the percentage of accidents in Alaska
which are related to alcohol and drugs. MARK JOHNSON said that he
could provide that information.
SENATOR LINCOLN asked for a comparison of teenage drivers involved
in accidents versus the total number of teenage drivers. MARK
JOHNSON said that he has the percentage of drivers in comparison to
other people who are injured or killed. This could be matched to
DMV information in order to obtain that percentage.
Number 213
SENATOR LINCOLN understood the intent of the legislation. However,
she did not want to penalize the 90 percent of good drivers for the
five percent having accidents. She asked if any information
categorized the youth in terms of the community in which they
lived: urban, rural, and bush. MARK JOHNSON clarified that the
study to which he referred was a representative sample across the
state of Alaska. The study categorizes by the age and grade level.
CHAIRMAN RIEGER asked if Mr. Johnson had an impression of whether
the statistics shift relating to urban, rural, or bush. MARK
JOHNSON deferred to the DMV. Mr. Johnson pointed out that a
brochure from the National Highway Traffic Safety Administration
states that the crash rate for per mile travel for drivers up to 20
years of age is approximately four times than for adults. Among
that age group, the rate of death and injury is more than double
that of other age groups.
Number 257
JOHN GEORGE, National Association of Independent Insurers, informed
the committee that he also serves as an Assistant Fire Chief for
the Auke Bay district. It is in this second capacity that Mr.
George sees the youth involved in car accidents. He said that
youth has a lack of experience and judgement. HB 57 addresses the
need for experience behind the wheel with someone who is
responsible. Mr. George emphasized that saving lives and
eliminating injuries is very important. HB 57 is not oppressive to
anyone. In the long-term, training someone to drive correctly at
a young age will stay with that person.
SENATOR ADAMS pointed out that currently, a 14-year-old may receive
a learner's permit and receive experience through a driver's class
or a parent. Does this bill lessen the number of accidents by
requiring a provisional license for a 16-year-old?
Number 309
JOHN GEORGE stated that if there was a way to instill parental
responsibility in all parents, this legislation would not be
necessary. He did not see many reasons for young drivers to be out
at between 1:00 a.m. and 5:00 a.m. This provision could also
reinforce the parent's ability to set such limits. In his opinion,
the police and state troopers have some discretion with the
enforcement of the bill. Mr. George indicated that police officers
and state troopers would probably issue citations when appropriate.
HB 57 supplements parental power.
JUANITA HENSLEY, Chief of Drivers Services for the Division of
Motor Vehicles, said that the graduated license is basically a
restricted license program allowing new drivers to learn over a
period of time by controlling their progression. This would help
ensure that new drivers accumulate experience in low risk settings.
Also the driver would be older and hopefully more mature, when
receiving a full license.
Ms. Hensley provided the following statistics:
*16 to 20-year-olds comprise 6.2 percent of the total licensed
drivers, while being involved in 32 percent of injuries and
fatal crashes occurring between 8:00 p.m. and 6:00 a.m.
*53 percent of youth drivers are involved in car accidents
resulting in injuries or fatalities between 12:00 a.m. and
8:00 p.m.
A small number of licensed drivers are causing a lot of fatalities
and money is being spent on the resulting injuries and fatalities.
Number 370
With regards to Senator Adams question, Ms. Hensley reported that
driver's education is only available through commercial driving
schools located in Anchorage, Juneau, Kenai, Palmer, and Fairbanks.
These driving schools charge approximately $500. Many parents
cannot afford this. Currently, an instruction permit is not
required before receiving a license in Alaska. She also noted that
minors can drive with a 19-year-old. HB 57 increases the age of
the accompanying driver to 25 because of the insurance break at
that age.
Ms. Hensley informed the committee that she had received the
following statistics from the National Traffic Safety
Administration: nationwide the cost of crashes is $137 billion,
in Alaska the cost of crashes exceeded $257 million in 1994. She
reiterated that 53 percent of Alaska's youth, age 18-20 years old,
are involved in car accidents. Of those accidents, 25 percent
result from speeding, 16 percent are due to driver inattention, and
15 percent are the result of the failure to yield. All of those
causes are basic learning experiences.
HB 57 would allow the review of the process over three years in
order to determine if a graduated license program would work. If
the graduated license program did work, the federal money available
would allow Alaska to implement a graduated license to determine
statistics.
Number 409
Ms. Hensley felt that six points is a lot of points in a year.
Violation of a restricted license carries a two point penalty,
which can currently be received when a driver does not wear his/her
prescribed glasses. Current law allows up to 12 points per year at
which time the driver's license is suspended one month for the
first offense. A second suspension within a two year period
carries a three month wait. A license is revoked for one year when
the third suspension occurs within two years. Ms. Hensley noted
that existing law allows a person to take a defensive driving
course to receive a two point reduction.
SENATOR ADAMS continued to have problems with that change to six
points and maintained his objection. With regards to the fiscal
note, Senator Adams asked if this legislation could be implemented
with the current staff and budget to the DMV. JUANITA HENSLEY
explained that the fiscal note reflects that new revenue, $163,000,
would be generated. She said that $77,000 of the $108,000 for the
first year's cost is federal receipts given to implement this
program.
Number 444
SENATOR ADAMS asked if the new revenue Ms. Hensley is considering
comes from the extra $10 for a duplicate license. In 1994 there
were 10,000 young people in the age range that qualified. JUANITA
HENSLEY said that the $10 license fee would generate approximately
$100,000 per year. The additional $63,000 is derived from the
reinstatement fee of a driver's license when point accumulation
resulted in suspension. The reinstatement fee is either $100 or
$250 depending on the number of previous suspensions.
In an attempt to clarify the steps of HB 57, SENATOR LINCOLN
surmised that a 16-year-old gets a permit for six months, after
which a provisional license is held for one year. Then an
unrestricted license is given and then the regular license.
In response to Senator Lincoln, JUANITA HENSLEY clarified that
currently, an instruction permit can be obtained at 14 and a full
driver's license at 16. Under HB 57, a 16 or 17 year old would be
required to hold an instruction permit for six months. A
provisional license could be issued after that six month period.
The provisional license must be held violation free for one year.
Without the instruction permit, the provisional license could not
be obtained. Ms. Hensley pointed out that youth ages 18-20 years
old are required to hold the provisional license for a year before
progressing to an unrestricted driver's license.
SENATOR LINCOLN requested statistics referring only to youth ages
16 and 17.
Number 493
JUANITA HENSLEY reiterated that youth ages 18-20 years old would be
required to hold a provisional license for one year, but they would
not be required to hold the instruction permit for six months.
Alaska never mandated driver's education, that was left to the
local school districts. She mentioned that in some states driver's
education is required before receiving a driver's permit or
license.
There are 13 states which have some form of a graduated license
program. California, Maryland and Oregon have as close to a full
graduated license program as HB 57 proposes for Alaska. Ms.
Hensley reported the following statistics:
* California and Maryland had a five percent reduction
in crashes with drivers of 15-17 years old;
* Maryland had a 10 percent reduction in the number of traffic
convictions for drivers 16-17 years old;
* Oregon had a 16 percent reduction in crashes for male
drivers 16-17 years old.
Ms. Hensley reiterated that the federal grants for this program
would allow study of the program and the breakdown of the
statistics. She offered to provide the committee with the
statistics she did have.
Number 523
SENATOR LINCOLN surmised that a 20-year-old would not be allowed
drive after 1:00 a.m. unless he/she was going to work. JUANITA
HENSLEY agreed, if that 20-year-old holds a provisional license.
Ms. Hensley said that a full driver's license could be obtained
before 20 years of age; the means to do so is provided through the
provisional stage. An 18-year-old, providing there was no city
curfew laws, who had went through the provisional license stage and
had been issued an unrestricted license could drive after 1:00 a.m.
Only provisional license holders are restricted between 1:00 a.m.
and 5:00 a.m.
JUANITA HENSLEY explained that the provisional license is only
required to be held for one year, violation free, after which a
full unrestricted license could be issued.
SENATOR ADAMS asked if persons moving here from another state would
be subject to this graduated license program within Alaska.
JUANITA HENSLEY replied yes. The young person would be given 90
days to come into compliance with Alaska's law.
Number 559
CHAIRMAN RIEGER referred to page 2, lines 14-23 when indicating
that a 16 year old would have two routes to achieve an unrestricted
driver's license. A 16-year-old could get a provisional license
and wait two years to receive an unrestricted license or the 16-
year-old could get a learner's permit, hold it for six months and
hold the provisional license for a year and receive the
unrestricted license at age 17 1/2.
JUANITA HENSLEY explained that a 15 1/2-year-old could hold an
instruction permit for six months. Then at age 16, a provisional
license could be issued for one year. After a violation free year
with the provisional license, the 17-year-old could be issued an
unrestricted license.
CHAIRMAN RIEGER understood the bill to say that if an instructional
license was not obtained, then the young person could not obtain an
unrestricted license before age 18. JUANITA HENSLEY agreed.
CHAIRMAN RIEGER inquired as to why an unrestricted license could
not be obtained through any combination of one and a half years.
JUANITA HENSLEY said that a 17-year-old who had not held an
instruction permit for six months would be required to do so.
After that, the young person could obtain a provisional license for
a year after which an unrestricted license could be obtained at age
18 1/2.
TAPE 96-3, SIDE B
Ms. Hensley pointed out that an 18-year-old just beginning the
graduated license process would be required to hold the provisional
license for one year without the six month instruction permit.
CHAIRMAN RIEGER reiterated that a 16-year-old just beginning the
graduated license process has two options. He/she can obtain an
instruction permit, at age 15 1/2, for six months followed by a
provisional license for one year and then an unrestricted license.
Or if the instruction permit is skipped, at age 16 a provisional
license could be obtained, but an unrestricted license could not be
obtained until age 18. JUANITA HENSLEY agreed with that
assessment. Ms. Hensley clarified that the provisional license is
only required for one year.
Number 567
SENATOR LINCOLN read this section to say that a young person would
wait a year and a half, 18 years old, before a provisional license
could be obtained. JUANITA HENSLEY reiterated that ages 16-18 must
hold an instruction permit for six months. Then the provisional
license must be held for a year.
JUANITA HENSLEY agreed with Chairman Rieger that even at age 16 the
instruction permit must be held for six months in order to receive
a provisional license.
CHAIRMAN RIEGER pointed out that the violation free provisional
license is not specified in the bill. HB 57 states that the
provisional license must be suspension free. Does the one year
suspension free provisional license have to be consecutive?
JUANITA HENSLEY replied yes.
Number 536
JAY DULANY, Director of the Division of Motor Vehicles, clarified
that the point system is set in regulation. Mr. Dulany did not
believe that a provisional license would have to be held for a
consecutive year suspension free. The bill states that the
provisional license must be held for one year suspension free,
therefore, a person could have their license suspended for one
month and then the full license could be obtained in 13 months. In
conclusion, Mr. Dulany believed that HB 57 was fairly
straightforward in that the bill eases new drivers into the driving
environment in order to save lives.
CHAIRMAN RIEGER asked if the language in the bill referring to
suspended, revoked, or denied licenses was already determined by
the department. JAY DULANY replied yes. The first suspension is
for 30 days, the second within a two year period is for 90 days,
and the third within two years would result in a one year
revocation.
SENATOR ADAMS asked if that was established under the 12 point
system. JAY DULANY replied yes. Mr. Dulany clarified that the
regulations refer to the accumulation of points requiring
suspension which should cover the six point system in HB 57.
CHAIRMAN RIEGER said that the regulations refer to the accumulation
of 12 or more points and does not speak to a six point system. He
asked if violation of the curfew would carry a two point penalty.
JAY DULANY said that such a violation would fall under the "all
others" category specified in the regulations and would carry a two
point penalty.
Number 493
CHAIRMAN RIEGER asked if the issue here is the three violations or
the six points. JAY DULANY suggested that the issue is the
severity of the violations. Mr. Dulany pointed out that a serious
violation could be a six point violation.
CHAIRMAN RIEGER noted that there are no 12 point violations,
although a number of violations carry 10 points. Therefore, no one
violation would cause an immediate suspension, two violations would
be necessary for suspension. Could the logic behind the six points
be related to the need for two violations before suspension? JAY
DULANY said yes, such logic was utilized when the point system was
established in 1975. More than one offense was necessitated for
suspension due to the specification of an accumulation of points in
the regulations. Some point assessments were changed from 12 to 10
in order to require two offenses before a license could be
suspended or revoked.
In response to Senator Adams, JAY DULANY explained that the point
assessment for each violation would be the same, but if the
individual was not under a provisional license there would be no
nighttime restriction.
JUANITA HENSLEY agreed that an individual having an unrestricted
license would not be subject to the curfew.
Number 455
SENATOR ADAMS requested that HB 57 be held.
CHAIRMAN RIEGER expressed concern with the six point cumulative
provision of the bill which seemed to be a departure from the
multiple violation policy. He asked Ms. Gruening if there had been
debate in other committees regarding the six point provision.
MELINDA GRUENING replied no and stated that the purpose of the six
points is to require the young person to prove a safe record to a
higher standard than other older, more experienced drivers.
JUANITA HENSLEY informed the committee that many groups such as the
National Highway Traffic Association have research indicating that
young people should be held to half the level of point accumulation
than more experienced drivers. This allows the young person to be
in a violation free setting. Ms. Hensley agreed with Mr. Dulany
that the suspension free year could be satisfied with six months,
a 30 day suspension, and then another six months.
CHAIRMAN RIEGER noted that the bill would require a change in the
effective date upon its movement out of this committee. The bill
was drafted last year. HB 57 was held.
STRANS - 2/22/96
SB 196 NAMING FERRY VESSEL KONIAG
Number 417
CHAIRMAN RIEGER introduced SB 196 as the next order of business
before the committee.
SENATOR ZHAROFF, Prime Sponsor, explained that SB 196 requires the
new ferry scheduled to be on-line in 1998 to be named. Alaska
Statute 19.65.010 requires that marine highway system vessels be
named after Alaskan glaciers. This vessel will be the second
ocean-going vessel in the marine highway fleet. The Mayor of Old
Harbor on Kodiak Island has requested that the vessel be named
after the Koniag glacier on Kodiak Island. The Koniag glacier was
so named in 1963 by the Kodiak and Aleutian Island Historical
Society. Senator Zharoff pointed out that maps in the committee
packets identify the location of the Koniag glacier. This seems to
be the appropriate time for consideration of the naming of the
vessel.
SENATOR LINCOLN moved that SB 196 be moved out of committee with
individual recommendations and the zero fiscal note. Hearing no
objections, it was so ordered.
There being no further business before the committee, the meeting
was adjourned at 2:40 p.m.
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