04/18/2009 08:30 AM House FINANCE

CS FOR SENATE BILL NO. 72(STA)                                                                                                
                                                                                                                                
     "An Act relating to use of child safety seats and seat                                                                     
     belts."                                                                                                                    
                                                                                                                                
10:37:03 AM                                                                                                                   
                                                                                                                                
SENATOR HOLLIS  FRENCH, SPONSOR, explained  the legislation.                                                                    
He stated  that he bill  would bring in $200,000  in federal                                                                    
funds  to help  people  afford the  booster  seats that  are                                                                    
necessary under  law. He said  that the current  statute was                                                                    
in need  of articulation. The  bill breaks the  statute into                                                                    
five  parts.   He  referred  to  a   handout  with  pictures                                                                    
explaining  the different  sections of  the bill.  Section 1                                                                    
applies to  children under  one year;  Section 2  applies to                                                                    
children  one  year to  four  years.  Section 3  applies  to                                                                    
children over four  years, but under eight  years. Section 4                                                                    
applies   to   children   who   exceed   the   height/weight                                                                    
requirements  in Section  3, and  Section 5  is a  catch-all                                                                    
provision, which  allows the driver  to determine  whether a                                                                    
booster seat or a car seat should be used.                                                                                      
                                                                                                                                
10:39:39 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze opened public testimony.                                                                                       
                                                                                                                                
RONNIE   SULLIVAN,   EMERGENCY  MEDICAL   SERVICE   PROVIDER                                                                    
testified  via  teleconference,  spoke  in  support  of  the                                                                    
legislation. She  felt that the bill  would reduce confusion                                                                    
when deciding the best type of safety seat for a child.                                                                         
                                                                                                                                
JANE FELLMAN,  COORDINATOR, SAFE  KIDS, KENAI  testified via                                                                    
teleconference,  testified  in  support  of  the  bill.  She                                                                    
emphasized  the  importance of  the  safety  of children  in                                                                    
cars.  She described  the level  of  protection provided  by                                                                    
boosters and car seats. She  relayed a story of children who                                                                    
did not fit  in the seat belts and who  needed bolsters. She                                                                    
stated the need for both education and legislation.                                                                             
                                                                                                                                
10:44:54 AM                                                                                                                   
                                                                                                                                
JOHN  COOK,   LEGISLATIVE  DIRECTOR,  ALASKA   AUTO  DEALERS                                                                    
ASSOCIATION testified  via teleconference, urged  passage of                                                                    
the legislation. He felt that  the current law was vague and                                                                    
outdated and did  not address the needs of  children four to                                                                    
eight years of age. He  stated that many states have updated                                                                    
child restraint  laws. He described broad-based  support for                                                                    
the legislation.                                                                                                                
                                                                                                                                
MARGARET  HAYASHI,   EMERGENCY  AND  CRITICAL   CARE  NURSE,                                                                    
testified via teleconference, spoke  in support of the bill.                                                                    
She stressed that current law  was outdated. She stated that                                                                    
two  children in  her community  had died  in the  past year                                                                    
because they had not been properly restrained.                                                                                  
                                                                                                                                
10:49:26 AM                                                                                                                   
                                                                                                                                
JANICE  TOWER, ALASKA  CHAPTER OF  THE  AMERICAN ACADEMY  OF                                                                    
PEDIATRICS,  testified  via   teleconference,  testified  in                                                                    
support  of  the  legislation.  Alaska's  pediatricians  are                                                                    
willing to  educate citizens regarding the  issue. She urged                                                                    
timely passage to receive the federal funds.                                                                                    
                                                                                                                                
GORDON  GLASER,  CARSEAT  TASKFORCE AND  INJURY  PREVENTION,                                                                    
testified  via teleconference,  urged committee  support for                                                                    
the legislation. He shared that  the single leading cause of                                                                    
death  and the  second leading  cause of  hospitalization of                                                                    
children  four   to  eight  years   old  is   motor  vehicle                                                                    
accidents. None  of the children who  were hospitalized were                                                                    
properly restrained in booster seats.                                                                                           
                                                                                                                                
10:53:20 AM                                                                                                                   
                                                                                                                                
TIM  LAMKIN, CONCERNED  PARENT, spoke  in opposition  of the                                                                    
legislation.  He felt  that  the bill  was  of being  poorly                                                                    
written and was  not good policy. He  explained Anton's Law,                                                                    
which    established    improved    safety    ratings    for                                                                    
manufacturers, and  improved law enforcement of  safety seat                                                                    
laws. He felt that it  was important that no loopholes could                                                                    
be found in the legislation.  He expressed confusion for the                                                                    
purpose of  booster seats for  eight year old  children over                                                                    
80  lbs.  He  felt  that  there  could  be  situation  where                                                                    
children over the required booster  age limit, but under the                                                                    
weight requirement,  would be expected  to sit in  a booster                                                                    
seat. He stressed  that he supported the intent  of the bill                                                                    
in  keeping children  safe, but  felt that  it was  a poorly                                                                    
written policy.                                                                                                                 
                                                                                                                                
11:00:01 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze closed public testimony.                                                                                       
                                                                                                                                
Representative Kelly  asked why  the provision could  not be                                                                    
simplified.  Senator French  stated that  the intent  was to                                                                    
work with  experts from the  American Academy  of Pediatrics                                                                    
and    the    National   Highway    Transportation    Safety                                                                    
Administration  to  adopt  language that  clearly  expressed                                                                    
intent. He  furthered that Section  5 is  in the bill  for a                                                                    
reason, to protect  young people up to age  16. Dropping the                                                                    
section, without  a major re-write  of the bill,  would make                                                                    
the bill unclear.                                                                                                               
                                                                                                                                
11:03:56 AM                                                                                                                   
                                                                                                                                
Representative Kelly  asked why  the height  requirement was                                                                    
insufficient. He  wondered about  the last  line on  page 2,                                                                    
"determined solely by the driver".   Mr. French no objection                                                                    
to clarifying  the language  on page  2. He  emphasized that                                                                    
the  bill saves  lives and  raises money.  He said  that the                                                                    
experts  think that  the weight  requirements  should be  on                                                                    
statute.                                                                                                                        
                                                                                                                                
Representative Kelly asked if  federal dollars would be lost                                                                    
if the  weight requirement  was removed  from the  bill. Mr.                                                                    
French replied yes. Representative  Kelly clarified that the                                                                    
weight limit  was a federal requirement.  Mr. French replied                                                                    
in  the affirmative.  Representative  Kelly  asked what  the                                                                    
weight requirement was.  Mr. French answered that  it was 65                                                                    
lbs.                                                                                                                            
                                                                                                                                
11:06:51 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hawker  voiced  concern  about  ambiguity  in  the                                                                    
language in Section  5. He thought that  the provision could                                                                    
result in undue fear of police officers for children.                                                                           
                                                                                                                                
Vice-Chair Thomas  shared a  negative experience  with money                                                                    
obtained  for a  seat  belt  law in  his  district. He  also                                                                    
expressed concern for 15 year  old children, who do not meet                                                                    
the   weight   requirements,   but  do   meet   the   height                                                                    
requirements, being  expected to  ride in booster  seats. He                                                                    
thought they would be unduly stigmatized.                                                                                       
                                                                                                                                
11:12:08 AM                                                                                                                   
                                                                                                                                
Senator  French  said  that the  example  would  fall  under                                                                    
Section 5.                                                                                                                      
                                                                                                                                
Representative  Fairclough requested  confirmation that  the                                                                    
65 lb limit would comply with federal law.                                                                                      
                                                                                                                                
MARY    SIROKY,    SPECIAL    ASSISTANT,    DEPARTMENT    OF                                                                    
TRANSPORTATION AND PUBLIC FACILITIES,  replied that that was                                                                    
her understanding.                                                                                                              
                                                                                                                                
Representative  Fairclough  asked  if  the  sponsor  was  in                                                                    
opposition  to the  amendment that  would change  the weight                                                                    
requirement from 80 to 65. Senator French replied no.                                                                           
                                                                                                                                
Representative  Fairclough  asked  if  there  was  a  choice                                                                    
between  the  height  and weight  requirements.  Ms.  Siroky                                                                    
replied  that the  height and  weight  requirements must  be                                                                    
included in statute in order to receive the federal funds.                                                                      
                                                                                                                                
11:15:11 AM                                                                                                                   
                                                                                                                                
Representative  Kelly  asked  if   Section  5  gave  parents                                                                    
control  in  determining the  use  of  child restraints  for                                                                    
children over  eight and under  16 years of age.  Ms. Siroky                                                                    
replied   that  that   was  correct.   Representative  Kelly                                                                    
requested further  clarification.   Ms. Siroky  thought that                                                                    
federal height and weight requirements must be met.                                                                             
                                                                                                                                
11:16:51 AM                                                                                                                   
                                                                                                                                
Representative Kelly  asked if the language  stated, "height                                                                    
and weight"  or "height  or weight". Mr.  Lamkin interpreted                                                                    
that the requirement  was for children to be over  65 lbs or                                                                    
over 4' 9".                                                                                                                     
                                                                                                                                
Representative  Fairclough queried  the document  Mr. Lamkin                                                                    
was  reading information  from. Mr.  Lamkin replied  that it                                                                    
was    the   grant    requirement    under   federal    law.                                                                    
Representative   Fairclough  pointed   out   that  a   grant                                                                    
requirement is  different from federal law.  She wondered if                                                                    
a  federal  code  could  be  cited.  Mr.  Lamkin  said  that                                                                    
according  to Anton's  Law, there  is no  federal height  or                                                                    
weight requirement.                                                                                                             
                                                                                                                                
11:19:58 AM                                                                                                                   
                                                                                                                                
GORDON  GLASER testified  via teleconference,  reported that                                                                    
the   language   states   that  both   height   and   weight                                                                    
requirements must  be met,  under Anton's  Law, in  order to                                                                    
meet federal funding requirements.                                                                                              
                                                                                                                                
Representative  Austerman  asked  if the  testifier  was  an                                                                    
attorney.  Mr. Glaser said he was not.                                                                                          
                                                                                                                                
11:22:00 AM                                                                                                                     
                                                                                                                                
Vice-Chair Thomas MOVED to ADOPT Amendment 1:                                                                                   
                                                                                                                                
     Page 2, Line 11:                                                                                                           
          Delete: "80"                                                                                                          
          Insert: "65"                                                                                                          
                                                                                                                                
Co-Chair Stoltze objected for discussion.                                                                                       
                                                                                                                                
Co-Chair  Stoltze withdrew  his OBJECTION.   There  being NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
11:23:04 AM                                                                                                                   
                                                                                                                                
Vice-Chair Thomas MOVED Amendment 2:                                                                                            
                                                                                                                                
     Page 2, Lines 18-23                                                                                                        
          Delete all material                                                                                                   
                                                                                                                                
Co-Chair Stoltze objected for discussion.                                                                                       
                                                                                                                                
Representative  Gara  thought  that   Lines  18  through  23                                                                    
clarified the language of the bill.                                                                                             
                                                                                                                                
11:24:09 AM                                                                                                                   
                                                                                                                                
Senator French  reported that the  same amendment  was voted                                                                    
down in another committee.   He explained that the amendment                                                                    
has legal drafting problems.                                                                                                    
                                                                                                                                
11:25:43 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hawker commented  that  deleting  the lines  would                                                                    
resolve the intent of the amendment.                                                                                            
                                                                                                                                
Representative  Kelly suggested  a  legal  opinion from  the                                                                    
Department of Law.                                                                                                              
                                                                                                                                
11:26:36 AM                                                                                                                   
                                                                                                                                
Representative Gara  asked the committee to  consider moving                                                                    
the bill out of committee  and resolving the semantic matter                                                                    
on the Floor.                                                                                                                   
                                                                                                                                
Representative  Gara  maintained  a continued  OBJECTION  to                                                                    
Amendment 2.                                                                                                                    
                                                                                                                                
A roll call vote was taken  on the motion to ADOPT Amendment                                                                    
2.                                                                                                                              
                                                                                                                                
IN FAVOR: Thomas, Hawker                                                                                                        
OPPOSED: Gara, Kelly,  Austerman, Crawford, Salmon, Stoltze,                                                                    
Fairclough                                                                                                                      
                                                                                                                                
Representative Foster  and Representative Joule  were absent                                                                    
from the vote.                                                                                                                  
                                                                                                                                
The MOTION FAILED (7-2).                                                                                                        
                                                                                                                                
11:29:57 AM                                                                                                                   
                                                                                                                                
Representative Kelly MOVED to ADOPT Conceptual Amendment 3:                                                                     
                                                                                                                                
     Page 2, Line 23:                                                                                                           
     In between "determined" and "by"                                                                                           
     Insert: "solely"                                                                                                           
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
11:30:17 AM                                                                                                                   
                                                                                                                                
Representative   Fairclough   pointed  out   the   continued                                                                    
argument between  "and" and "or",  in the height  and weight                                                                    
requirement language of the bill.                                                                                               
                                                                                                                                
Vice-Chair  Thomas  revisited  his  comment  concerning  the                                                                    
money that had been theoretically  going to his district for                                                                    
mandatory seatbelts laws. He  expressed frustration with the                                                                    
negative impact of  not receiving those funds.  He felt that                                                                    
if  the bill  would force  families  in rural  areas to  but                                                                    
boosters for  their children, the state  should help finance                                                                    
the booster seats.                                                                                                              
                                                                                                                                
Co-Chair Stoltze commented on the fiscal notes.                                                                                 
                                                                                                                                
11:32:41 AM                                                                                                                   
                                                                                                                                
Representative Gara MOVED to report  HCS CSSB 72(FIN) out of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
HCS  CSSB 72(FIN)  was  REPORTED out  of  Committee with  no                                                                    
recommendation and  attached zero  note 1 by  the Department                                                                    
of Transportation and Public Facilities.                                                                                        
                                                                                                                                
11:33:08 AM         RECESSED TO THE CALL OF THE CHAIR                                                                         
                                                                                                                                
10:15:37 PM         RECONVENED