Legislature(1993 - 1994)

03/17/1994 08:00 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 430 - LICENSING REQUIREMENTS FOR DRIVERS                                  
                                                                               
  TAPE 94-32, SIDE B                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN VEZEY called the meeting back to order at 8:50 a.m.                 
  Members present were REPRESENTATIVES B. DAVIS and G. DAVIS.                  
                                                                               
  CHAIRMAN VEZEY opened HB 430 for discussion.                                 
                                                                               
  Number 008                                                                   
                                                                               
  REPRESENTATIVE JOE GREEN, SPONSOR OF HB 430, gave a brief                    
  statement.  He stated the 18th Alaska Legislature works                      
  toward providing future jobs for young individuals; however,                 
  many teenagers will not reach those jobs because of "the                     
  carnage that happens on our highways."                                       
                                                                               
  (REPRESENTATIVE OLBERG rejoined the meeting at 9:52 a.m.)                    
                                                                               
  REPRESENTATIVE GREEN stated he was concerned not because                     
  teenagers do not have the reflexes or coordination for                       
  driving, but because they lack the maturity to realize that                  
  a vehicle is a lethal weapon.  HB 430 is an attempt to                       
  reduce automobile accidents that are primarily caused by                     
  people who either have a disregard for existing laws or have                 
  a feeling of indestructibility.                                              
                                                                               
  REPRESENTATIVE GREEN outlined HB 430 breaks into categories                  
  14-16, 16-18, and 18-21, a system of provisional licensing                   
  which allows young people to learn to drive as long as they                  
  are accompanied by a licensed driver, 25 years or older.                     
  The 16-18 period is an instructional permit period, whereby                  
  they can drive by themselves.  The 18-21 period is a                         
  provision of license.  All of the stages are tied to a                       
  penalty for abuse.                                                           
                                                                               
  (REPRESENTATIVE ULMER and KOTT rejoined the meeting at 9:54                  
  a.m.)                                                                        
                                                                               
  REPRESENTATIVE GREEN continued HB 430 contains provisions to                 
  restrict young drivers to not driving during the most                        
  accident prone hours, 1 a.m. to 5 a.m.  Our current point                    
  system, which states an individual is subject to license                     
  revocation above 12 points, has been dropped in half to 6                    
  points for the provisional drivers.   He directed the                        
  committee to the information in their packets, which states                  
  the people who are more prone to accidents are between the                   
  ages of 13-21.                                                               
                                                                               
  REPRESENTATIVE GREEN mentioned there is a Federal High Risk                  
  Drivers Act (FHRDA) expected to pass, and this should give                   
  Alaska incentive to pass HB 430 because it may include many                  
  similar provisions.                                                          
                                                                               
  Number 122                                                                   
                                                                               
  JUANITA HENSLEY, CHIEF OF DRIVER SERVICES, DEPARTMENT OF                     
  PUBLIC SAFETY (DPS), outlined HB 430.  She stated HB 430                     
  would place Alaska into a "graduated license system."                        
  Statistics show the crash rates, injuries and fatalities                     
  drastically increase between the hours of 9 p.m. and 6 a.m.,                 
  especially among male drivers.  The FHRDA was proposed to                    
  reduce the carnage on the highways, and she noted it is not                  
  a mandate for the states.  The FHRDA offers incentives                       
  whereby, if the state meets certain criteria, they can apply                 
  for grants for the implementation of a program such as HB
  430.  DPS did not expect HB 430 would have any fiscal impact                 
  on Alaska, because if it were to pass, Congress already has                  
  incentive moneys in front of it to take care of the                          
  implementation.                                                              
                                                                               
  Number 171                                                                   
                                                                               
  REPRESENTATIVE FRAN ULMER asked the status of the money                      
  Congress had available to it.  Was it pending?                               
                                                                               
  MS. HENSLEY answered Congress has the FHRDA before it now;                   
  however, there are other grants available which the state                    
  could apply for now to implement a program.  She mentioned                   
  Section 410 grants which the Highway Safety Planning Agency                  
  currently receives for alcohol programs.  The graduated                      
  licensing system would fall under the 410 grant money                        
  because it places teen-age drivers in a .00 based alcohol                    
  program.  Section 402 grant moneys for highway safety                        
  programs, which graduated licensing would also fall under.                   
  The FHRDA would create additional moneys the state could                     
  apply for to implement further driver education.                             
                                                                               
  MS. HENSLEY said that Alaska already has a demerit point                     
  system in statute for drivers.   If the DPS came across a                    
  habitual reckless driver, they could request the driver to                   
  come in for a driver improvement interview and place certain                 
  requirements upon that person.  The driver could be required                 
  to attend an alcohol information school, a defensive driving                 
  course, or watch eight hours of accident films.  She noted                   
  the state could apply for extra money to go towards buying                   
  films to supply the operators of driving schools and                         
  defensive driving courses in the state.                                      
                                                                               
  Number 221                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS asked if a 16-year-old  individual                   
  would receive a provisional driver's license.                                
                                                                               
  Number 226                                                                   
                                                                               
  MS. HENSLEY answered if a person is between 16-18 years old                  
  they can receive a provisional driver's license, providing                   
  they have held a six month instruction permit.                               
                                                                               
  Number 231                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS inquired if the provisional license                  
  applied to the restrictive hours, or if they too always had                  
  to be accompanied by an adult.                                               
                                                                               
  Number 234                                                                   
                                                                               
  MS. HENSLEY replied between the ages of 14-16, a licensed                    
  driver 25 years or older, would have to accompany the permit                 
  driver.  Between the ages of 16-18 with a provisional                        
  license, a driver would not have to be present.                              
                                                                               
  Number 244                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS asked how many states had                            
  implemented a program like HB 430.                                           
                                                                               
  Number 247                                                                   
                                                                               
  MS. HENSLEY directed the committee to the "Young Driver                      
  Laws" portion of their packets, for specific documentation                   
  on each state's laws.  She noted both Oregon and California                  
  have an effective provisional license program with nighttime                 
  driving restrictions.  Their programs have proven to reduce                  
  crashes between the ages of 16-19.                                           
                                                                               
  Number 267                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS clarified the only change in the                     
  provisional license status for teenagers would be that they                  
  could not drive their cars between 1 a.m. and 5 a.m.                         
                                                                               
  Number 270                                                                   
                                                                               
  MS. HENSLEY affirmed REPRESENTATIVE B. DAVIS, and added if                   
  they are violating traffic laws they would lose their                        
  license after a six point violation.                                         
                                                                               
  Number 276                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS continued in order to get the                        
  provisional license they must first hold an instructional                    
  license.  Current law allows an individual to just take a                    
  test.  She asked if a person, regardless of age, would have                  
  to first have an instructional permit.                                       
                                                                               
  Number 281                                                                   
                                                                               
  MS. HENSLEY stated REPRESENTATIVE B. DAVIS was correct.                      
                                                                               
  Number 283                                                                   
                                                                               
  REPRESENTATIVE GREEN mentioned if a person had a license                     
  from another state with a comparable program, then they                      
  would not have to revert back to an instructional license.                   
                                                                               
  Number 286                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS clarified everyone in the state                      
  would have to have some form of instructional permit for six                 
  months.                                                                      
                                                                               
  Number 298                                                                   
                                                                               
  REPRESENTATIVE PETE KOTT asked where the statistics were                     
  drawn from in reference to the hourly restrictions on night                  
  driving.  What is the basis they gauge upon to determine the                 
  times a teenager should not be on the rode.                                  
                                                                               
  Number 306                                                                   
                                                                               
  MS. HENSLEY answered the hourly restrictions are a                           
  nationwide trend and Alaska's youth are the same as those in                 
  the Lower 48.  She noted there is a substantial number of                    
  individuals who have had their license suspended each year                   
  because of an accumulation of points gained during these                     
  hours.  She offered to research the number of crashes,                       
  injury accidents and fatalities, involving the 14-21 age                     
  group.  She would also look up the societal cost to Alaska.                  
                                                                               
  Number 322                                                                   
                                                                               
  REPRESENTATIVE KOTT asked who the hour restrictions would                    
  apply to.                                                                    
                                                                               
  Number 326                                                                   
                                                                               
  MS. HENSLEY replied hour restrictions apply to those                         
  individuals who are ages 14-17.                                              
                                                                               
  Number 329                                                                   
                                                                               
  REPRESENTATIVE KOTT questioned how the restriction would                     
  affect a 16-year-old individual working at McDonald's that                   
  did not get off work until 1:30 a.m.                                         
                                                                               
  MS. HENSLEY responded that person would be in violation of a                 
  curfew.  The restriction from 1 a.m. to 5 a.m. was imposed                   
  because most businesses close at midnight and the extra one                  
  hour would allow an individual to get home.                                  
                                                                               
  Number 338                                                                   
                                                                               
  REPRESENTATIVE KOTT mentioned delivery services for various                  
  restaurants as examples.  He asked if other states imposed                   
  restrictions because of daylight hours, noting that                          
  Fairbanks in the summer, would not have that problem.                        
                                                                               
  Number 346                                                                   
                                                                               
  MS. HENSLEY answered the restrictions are not based on                       
  daylight hours, but driving habits between the hours of 9                    
  p.m. and 6 a.m.  Between these hours, teenage driving habits                 
  are more reckless and they are involved in more injury and                   
  fatal accidents, as compared to the 30-50 year old age                       
  group.  She noted Illinois restricts from 11 p.m. to 6 a.m.,                 
  Sunday through Thursday, and 12 a.m. to 6 a.m., Saturday and                 
  Sunday.  She preferred a consistent seven-day-a-week program                 
  to cut down on the hassle for those people trying to enforce                 
  the law.  She stated several more examples with night hour                   
  restrictions.                                                                
                                                                               
  Number 373                                                                   
                                                                               
  REPRESENTATIVE KOTT stated he would like to see the                          
  comparison chart for the age groups and their accident                       
  rates.  He asked if not accepting an individual's license                    
  from another state, knowing that a test had been taken to                    
  obtain it, would be compromising constitutionally.                           
                                                                               
  MS. HENSLEY answered the testing requirement for those                       
  individuals with a valid license from another state is                       
  waived.  Alaska statute, however, gives DPS the discretion                   
  to issue every person a driving test if they choose.  As                     
  long as everyone in the same age bracket is treated the same                 
  it is not unconstitutional.                                                  
                                                                               
  Number 401                                                                   
                                                                               
  REPRESENTATIVE KOTT clarified he was referring to the                        
  requirement for a one-year instructional permit, noting                      
  several states do not have it.  He felt those individuals                    
  could complete requirements for a driver's license with two                  
  months worth of a permit.                                                    
                                                                               
  Number 411                                                                   
                                                                               
  MS. HENSLEY replied the state of Kansas issues a driver's                    
  license at the age of 14 and Alaska does not honor it                        
  because Alaska statute states a person cannot be licensed                    
  until they are 16.  Therefore, a 14-year-old individual from                 
  Kansas with a valid driver's license could not receive an                    
  Alaska driver's license until they reached the age of 16.                    
                                                                               
  Number 417                                                                   
                                                                               
  REPRESENTATIVE GREEN clarified the restriction was added not                 
  to test the technical ability to drive, but the maturity of                  
  the driver.  The restrictive hours are meant to reduce the                   
  problem Alaska faces with carnage on the highways.  He                       
  mentioned the problem of young individuals who work late,                    
  noting the percentage would be rather low and that laws are                  
  made to address the majority.                                                
                                                                               
  Number 431                                                                   
                                                                               
  REPRESENTATIVE KOTT felt there was a correlation between                     
  technical ability and ability.  He noticed HB 430 increases                  
  the age of the person who must accompany the driver from 19                  
  to 25.  Why not a parent?                                                    
                                                                               
  Number 440                                                                   
                                                                               
  MS. HENSLEY responded REPRESENTATIVE KOTT's suggestion was a                 
  legislative call.  The state of Oregon, for example, is set                  
  at 21 for the accompanying driver.  She did not see a                        
  problem with working on the age of the person who must                       
  accompany the driver.                                                        
                                                                               
  Number 447                                                                   
                                                                               
  REPRESENTATIVE GREEN stated insurance companies drop their                   
  rates at the age of 25 because of the degree of maturity a                   
  driver is supposed to have gained by that age.  He noted                     
  young drivers do have the benefit of faster reflexes;                        
  however, maturity gained with age, hopefully outweighs what                  
  is lost in reflexes.                                                         
                                                                               
  Number 472                                                                   
                                                                               
  CHAIRMAN VEZEY asked if the statistics regarding the                         
  increase in responsibility were the same for both males and                  
  females.                                                                     
                                                                               
  REPRESENTATIVE GREEN answered, from his knowledge, they are.                 
                                                                               
  Number 474                                                                   
                                                                               
  REPRESENTATIVE G. DAVIS referred to the restricted hours of                  
  driving from 1 a.m. to 5 a.m.  This restriction was of                       
  concern to him because cannery workers tend to work 24 hours                 
  a day when the fish are coming in.  He noted there are                       
  hundreds of workers starting at the age of 16, and they may                  
  be restricted from doing some of their normal activities                     
  such as going to a minimarket 1-2 miles from the cannery.                    
  He emphasized the canneries are only open in the summer                      
  months, there is a lot of daylight, and they do not drink                    
  during this time.  In relation to the young workers at                       
  McDonalds, he felt the schedules could be shifted to                         
  accommodate them so they could make it home before 1 a.m.                    
                                                                               
  Number 507                                                                   
                                                                               
  REPRESENTATIVE ULMER directed the committee to packet                        
  information entitled "Young Driver's Law", state law facts                   
  of 1993.  She noticed many states require a blood alcohol                    
  content of .00 or .02 for drivers.  She asked if HB 430                      
  might be the appropriate vehicle to add this requirement to                  
  state law.                                                                   
                                                                               
  MS. HENSLEY replied HB 299, sponsored by REPRESENTATIVE                      
  CYNTHIA TOOHEY, has been introduced this session which                       
  requires .00 based drug and alcohol driving for anyone under                 
  the age of 21.  HB 299 is now in House Finance.                              
                                                                               
  Number 524                                                                   
                                                                               
  REPRESENTATIVE KOTT added HB 299 relates to everyone in the                  
  vehicle, whether they are driving or not.                                    
                                                                               
  Number 527                                                                   
                                                                               
  CHAIRMAN VEZEY stated he would like a teleconference on HB
  430 and it would be rescheduled.                                             
                                                                               
  Number 531                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS agreed with CHAIRMAN VEZEY.  She                     
  mentioned the instance of two 17-year-old people married                     
  with a child.  She wondered how the situation would be                       
  handled if the child got sick during the restricted hours                    
  and needed to be taken to the hospital in a vehicle.  Would                  
  the restriction apply to the 17-year-old parents.                            
                                                                               
  MS. HENSLEY answered marriage is emancipation which would                    
  automatically make them adults.                                              
                                                                               
  Number 543                                                                   
                                                                               
  CHAIRMAN VEZEY announced HB 430 would be held in committee                   
  to be rescheduled.                                                           

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