Legislature(2005 - 2006)BELTZ 211
02/17/2005 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB87 | |
| SB54 | |
| SB90 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 54 | TELECONFERENCED | |
| *+ | SB 87 | TELECONFERENCED | |
| *+ | SB 90 | TELECONFERENCED | |
SB 87-SEAT BELT VIOLATION AS PRIMARY OFFENSE
SENATOR GENE THERRIAULT announced SB 87 to be up for
consideration. He asked Senator Bunde to come forward.
SENATOR CON BUNDE, primary sponsor of SB 87, said the same bill
was introduced last year and he's pleased that more people are
viewing the bill realistically this year. He explained that it
changes the current statute on seatbelts from a secondary law to
a primary law. A secondary law means the police can't stop
drivers that aren't using a seatbelt unless they have broken
some other law.
Although the ultimate goal is to save lives, wearing seatbelts
also saves money, he said. In conclusion he noted that according
to the Alaska Injury Prevention Center, about 67 percent of
Alaskans would support a primary seatbelt law.
3:45:53 PM
CHAIR THERRIAULT recapped saying if a driver were stopped for
another reason and wasn't wearing a seatbelt he or she could
receive a citation and fine as a secondary offense. He asked if
the same would apply if seatbelt use became a primary law.
SENATOR BUNDE said it wouldn't change. Fines assessed in
municipalities are different than the state fine, but the bill
isn't intended to be a revenue generator.
SENATOR THOMAS WAGONER questioned whether points would be
assessed for failure to wear a seatbelt.
SENATOR BUNDE replied he didn't believe so.
SENATOR WAGONER remarked he supports the bill, but he can't
understand why seatbelt use isn't required in school buses. He
questioned whether this wouldn't bring more federal dollars to
the state.
SENATOR BUNDE said it would bring more highway safety money.
According to John Moffet with the National Highway Safety
Institute seatbelts aren't installed in busses because of cost
and because the egg crate theory is accepted. That theory says
the high backed seats and padding in buses make it less likely
that passengers will be thrown from the bus than from a
passenger vehicle. The National Transportation Safety Board
(NTSB) doesn't agree with that theory though so a federal
recommendation may be coming before long. Cost isn't an excuse,
he said.
3:48:54 PM
CHAIR THERRIAULT asked whether Kevin Quinlan was online and had
any comments.
KEVIN QUINLAN, chief of safety advocacy with the National
Transportation Safety Board (NTSB), identified himself and
advised the committee that although he sent a written statement,
he wanted to cover several points.
He made it clear that the NTSB investigates and does not
regulate. The NTSB doesn't tell states what to do; it asks
states to do the right thing based on an investigation. It is
known for scientific integrity and objectivity.
Seatbelt use is the most effective defense against motor vehicle
injury and ninety percent of transportation fatalities happen on
highways, he said. It's a fact that seatbelts prevent ejection
and in fatal crashes, 30 percent of the occupants are ejected
and 73 percent of those who are ejected die of their injuries.
Also, belt use decreases with the severity of the crash, which
means the highest risk drivers use seatbelts the least. Alcohol
impaired drivers use seatbelts about 17 percent of the time and
teen drivers have a 30 percent use rate.
Evidence shows that a primary use law does help to get more
people to buckle up and even high-risk drivers do so more
frequently. The bottom line is clear. "Primary belt [laws] save
lives and reduce both governmental and non-governmental costs...
You can expect about a ten percentage point increase in belt use
among Alaskans if you pass this law." A primary seatbelt law is
on the NTSB "most wanted list" because of the lifesaving
potential.
He said he could answer the question about school bus crashes.
3:52:48 PM
CHAIR THERRIAULT questioned whether national research indicates
that there is a dip in seatbelt use during the teenage years
even if seatbelts were worn in earlier years.
MR. QUINLAN said there's a usage gap that starts at about age
12.
CHAIR THERRIAULT remarked his son would be 13 soon and he was
curious what the statistics are regarding when he might become
safety conscious again.
MR. QUINLAN replied he could expect that at about 25 years of
age.
CHAIR THERRIAULT asked whether increased use is the trend or is
belt use on a plateau.
MR. QUINLAN replied it's hard to answer the question because of
recent enforcement mobilizations in primary and secondary law
states. Alaska and other secondary law states have seen an
increase in use, but it's likely just enforcement related. The
problem is that enforcement mobilization is expensive and can't
be sustained over a long period of time. However, a primary law
could be enforced episodically and would result in increased use
at less cost.
CHAIR THERRIAULT said it's clear that the secondary law has had
a good effect and his personal preference would be to let that
grow.
MR. QUINLAN agreed that use is up, but he doesn't believe that
will continue without expensive enforcement mobilizations. "If
that premise is correct, we will probably stagnate and maybe
fall back because that's the history of safety belt programs
absent a primary safety belt law."
CHAIR THERRIAULT asked for questions.
SENATOR CHARLIE HUGGINS questioned whether auto insurance would
be impacted if a primary law were passed.
MR. QUINLAN said he thinks the insurance companies would say
they want to see the crash experience after which they would
file submissions to the state insurance commission. Privately
they would say primary laws increase use.
SENATOR HUGGINS asked whether any of the 22 primary states
receive an insurance break.
MR. QUINLAN said he was sure that North Carolina drivers receive
a break.
SENATOR HUGGINS questioned whether that's because it's
statistically significant.
MR. QUINLAN said he wasn't sure, but he knows they have a very
aggressive insurance commission.
SENATOR WAGONER said if the bill passes due diligence would
suggest that correspondence with the insurance commission is in
order to make sure they track the effect of the bill.
SENATOR KIM ELTON said Senator Huggins' question is important
because in other jurisdictions insurance costs aren't based on
accident history; they're based on credit history.
CHAIR THERRIAULT found no other questions and called on Walt
Monegan.
4:00:34 PM
CHIEF WALT MONEGAN, Anchorage Police Department (APD), stated
support for the bill and noted that he submitted a letter. The
APD has made great effort to inform citizens about the
importance of using a seatbelt because aside from money and
insurance, families are affected.
He made the point that if people suspect a policeman is
watching, they put their seatbelt on.
SENATOR BUNDE said a concern he hears is that the police would
use this as a reason to search and arrest on unrelated issues.
4:03:36 PM
CHIEF MONEGAN said if the police wanted to go on a search and
destroy mission, they wouldn't select seatbelts to make a legal
traffic stop.
CHAIR THERRIAULT asked how the police would get someone on a
seatbelt violation because it's so easy to slip the belt on as
the driver pulls over.
CHIEF MONEGAN said you're able see someone buckle up if you're
watching. Children are a different matter though so if you see
an unbelted child you know they aren't secured and the stop is
legitimate. In terms of cost, the fine in Anchorage $60 if the
driver is 16 and over and it carries no points. If a child isn't
buckled though the infraction carries two points and a $200
fine.
4:06:41 PM
CHAIR THERRIAULT questioned whether arguing that they took the
seatbelt off to access their driver's license wouldn't cover a
driver.
CHIEF MONEGAN said police officers watch carefully and would
know that you took it off.
CHAIR THERRIAULT asked about success in court if someone
contests the seatbelt ticket.
CHIEF MONEGAN said the court would decide and it would help the
learning process even if the driver were to prevail.
SENATOR BUNDE added there would never be enough laws to keep
some people from finding loopholes, but the average person will
abide by the law.
CHIEF MONEGAN said young children monitor seatbelt use and that
helps adults wear belts more often.
CHAIR THERRIAULT called Al Storey.
4:10:45 PM
CAPTAIN AL STOREY, Alaska State Trooper, stated the Department
of Public Safety strongly supports SB 87 as a common sense
approach. Since last session he kept track of the individuals
who died because they weren't wearing seatbelts and it really
brings the issue home.
CHAIR THERRIAULT called on Don Smith.
4:13:25 PM
DON SMITH, administrator, Alaska Highway Safety Office, spoke in
favor of SB 87 and reported that in the last 40 years 3,782
Alaskans died on Alaska's highways. Current surveys indicated
that 77 percent of the drivers on Alaska highways are wearing
seatbelts. He urged the committee to pass the bill.
CHAIR THERRIAULT called on Sergeant Welborn.
4:16:25 PM
SERGEANT DAN WELBORN, Fairbanks Police Department, stated the
police department supports the bill. He reported that over the
years a number of the fatal accidents he has attended could have
been prevented if a seatbelt had been worn.
4:19:08 PM
DON ROBERTS testified via teleconference from Kodiak and spoke
in support of SB 87. He usually objects to government heavy
handedness, but this is a small encroachment that is well
worthwhile.
CHAIR THERRIAULT called on Joan Diamond.
4:20:49 PM
Joan Diamond, Anchorage Municipal Department of Health and Human
Services representative, testified via teleconference in support
of SB 87. It's a high priority for Anchorage, she said, and
advised that she sent a letter outlining the reasons the
department supports the bill.
CHAIR THERRIAULT asked Cindy Cashen to come forward.
4:21:56 PM
CINDY CASHEN, executive director MADD Juneau Chapter, spoke in
support of SB 87. It's the best defense against a drunk driver,
she said.
CHAIR THERRIAULT asked Cathy McLeron to come forward.
4:22:52 PM
CATHY McLERON, emergency medical services unit manager
Department of Health and Social Services (DHSS), stated
departmental support for SB 87 and read a summary of accident
statistics in Alaska with the associated costs.
CHAIR THERRIAULT noted there was no further testimony and asked
Senator Bunde to comment on the rural exemption that was added
to the bill last year.
4:25:24 PM
SENATOR BUNDE had no comment.
CHAIR THERRIAULT asked for the will of the committee.
SENATOR WAGONER motioned to move SB 87 from committee with
individual recommendations and the attached fiscal notes. There
being no objection, it was so ordered.
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