Legislature(2003 - 2004)
02/26/2004 01:53 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 26, 2004
1:53 P.M.
TAPE HFC 04 - 31, Side A
TAPE HFC 04 - 31, Side B
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 1:53 P.M.
MEMBERS PRESENT
Representative Bill Williams, Co-Chair
Representative Kevin Meyer, Vice-Chair
Representative Eric Croft
Representative Richard Foster
Representative Mike Hawker
Representative Reggie Joule
Representative Carl Moses
Representative Bill Stoltze
MEMBERS ABSENT
Representative John Harris, Co-Chair
Representative Mike Chenault
Representative Hugh Fate
ALSO PRESENT
Representative Bruce Weyhrauch; Linda Sylvester, Staff,
Representative Bruce Weyhrauch; Mark Johnson, Chief,
Community Health and Emergency Medical Services, Department
of Health & Social Services; Cindy Cashen, Mothers Against
Drunk Driving (MADD)
PRESENT VIA TELECONFERENCE
Kevin Quinlan, Chief, Safety Advocacy Division, National
Transportation Safety Board, Washington, D.C.; Richard
Cattanach, American Automobile Association (AAA), Anchorage;
Anna Barnwell, Student, Anchorage; Jeff Jesse, Legislative
Vice President, Alaska State Parent-Teacher Association
(PTA), Anchorage
SUMMARY
HB 213 An Act relating to a provisional driver's license
and to issuance of a driver's license; and
providing for an effective date.
CS HB 213 (FIN) was reported out of Committee with
a "do pass" recommendation and with fiscal note #1
by the Department of Administration.
HOUSE BILL NO. 213
An Act relating to a provisional driver's license and
to issuance of a driver's license; and providing for an
effective date.
Vice Chair Meyer MOVED to adopt work draft version #23-
LS0786\Z, Luckhaupt, 2/26/04, as the version of the
legislation before the Committee. There being NO
OBJEFCTION, it was adopted.
REPRESENTATIVE BRUCE WEYHRAUCH explained that HB 213 would
implement a Graduated Driver's License (GDL) by creating a
three-tiered system, whereby young drivers pursue their
full, unrestricted driver's license. He stated that at the
age of 16, the youth could be eligible for a Provisional
License when:
· The youth has held a learner's permit for six
months;
· Their parent certifies that the youth has at least
40 hours of driving experience, including 10 hours
of driving under progressively challenging
conditions such as nighttime or inclement weather
conditions; and
· The youth has not been convicted for violating a
traffic law for at least 6 months before applying.
He continued that once the youth holds a Provisional
License, they would be subject to several "limitations"
during their first six months of driving:
· Driving between 1 a.m. and 5 a.m. would be
prohibited;
· No passenger except a parent, a person 21 years of
age or older, or two siblings in the car with the
novice driver.
Representative Weyhrauch noted that six months after the
issuance of the Provisional License, the young driver could
apply to the Division of Motor Vehicles, Department of
Administration, for an unrestricted license as long as they
had not been convicted of a traffic offense for at least six
months preceding their application.
Two important exceptions to the Provisional License law are:
· A driver with a Provisional License may be eligible
for a work permit so that they could drive to and
from work and/or driving during the scope of their
employment.
· Driver's issued permits or licenses under the
Division of Motor Vehicles (DMV) hardship clause on
off-systems licensing programs would in no way be
affected by the GDL licensing provisions.
RICHARD CATTANACH, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, ASSOCIATED GENERAL CONTRACTORS OF ALASKA, AMERICAN
AUTOMOBILE ASSOCIATION (AAA), ANCHORAGE, voiced support for
HB 213. He commented that driving is a skill that is
learned by doing and that by nature, driving is inherently
risky. He recommended that extending the learning process
reduces the exposure to risk while teens are gaining skills.
Experience reduces the number of teenage crashes. HB 213
addresses that.
Mr. Cattanach pointed out that two out of five deaths among
teens are the result of traffic accidents. Crashes for
teenage drivers are three times that of older drivers. Teen
drivers have a fatality rate that is four times higher than
the fatality rate of 25-65 years old.
Mr. Cattanach addressed components in the bill regarding:
· Varying length of the learning permits;
· Passenger restrictions; and
· Night restrictions.
Mr. Cattanach stressed that HB 213 encompasses all the
components of a "successful" GDL. The legislation provides
"time to learn" by providing a six month instruction period
of behind the wheel experience with 40-hours of certified
driving experience, provides responsibility with six months
citation free driving and approves the two major risk
factors of novice drivers, passengers and late night
driving.
Mr. Cattanach noted that with a GDL in place, the State of
Alaska could prevent nearly 970 injuries, over 3,000 crashes
and save $21 million dollars. He ascertained that the time
has come to change the ways we teach our teens to drive. A
recent AAA poll shows that Americans support additional laws
with regard to teenage drivers. He stressed that it is not
an issue of restriction and/or burden, but rather an issue
of traffic safety.
Representative Weyhrauch noted that at age 14, a youth can
get a drivers permit in the State of Alaska. Under the
proposed bill, at 16 years of age, a youth could still get a
provisional drivers license if an adult certifies that they
had 40-hours of driving experience or 10 hours in nighttime
and more challenging driving. There is nothing in the
legislation, which prohibits getting a provisional driver's
license at age 16. The committee substitute will allow the
driving of a sibling and allows for other teenagers to be in
the car if there is an adult present. He pointed out that
the legislation does not affect rural off road situations.
The bill attempts to accommodate concerns voiced throughout
the State. The Alaska Mental Health Board and the state
Parent-Teachers Association (PTA) has indicated that this is
their top priority.
Representative Stoltze referenced Page 1, Line 11, "person's
parent" and asked if there had been discussion to further
expand that language.
LINDA SYLVESTER, STAFF, REPRESENTATIVE BRUCE WEYHRAUCH,
responded that in regard to the certification, that would be
the statement acknowledging that the youth had experienced
driving under the supervision of a parent, guardian or
employer. There is a statement on the application that the
parent must sign as they are assuming legal liability for
their child's driving. She added that they want the
certification to be "flexible and permissive" and that there
is no enforcement associated with it. It is a small item,
serving as an educational tool.
Representative Weyhrauch responded to Representative
Stoltze's query regarding custodial versus non-custodial
parent. He clarified that the law does not distinguish that
indication. An adult person can certify that the teen
driver has met the requirement and is not intended to be
restrictive to a non-custodial parent.
Representative Stoltze pointed out that he has a rural
district in which bus routes have been cut off. In that
area, there are "real considerations" regarding how to get
to and from school and work. He questioned the value that
the legislation would have for those people.
Representative Weyhrauch advised that the restricted period
of time would only be six months and would restrict the
student's ability to drive with other teens without an adult
in the car. Data from other states indicates that the time
when there are two or more teenagers in a car, the
possibility of accident increases significantly. To
restrict the number of teens in a car is worth the number of
lives that are going to be saved.
Representative Stoltze commented that kids in his district
have a different point of view than their parents have.
Representative Weyhrauch reiterated that youth drivers could
drive their younger siblings to school, just not other
teenagers.
Representative Stoltze pointed out that there are other
states that have less restrictive laws than that proposed.
Representative Weyhrauch emphasized the legislation only
will affect a six-month restriction period.
Representative Stoltze referenced Representative Green's
bill proposed two years ago regarding driving restrictions.
Representative Weyhrauch did not know about that
legislation.
Ms. Sylvester explained that when discussing the proposed
bill with young people, once they understand what and how
little it really does, they then become supportive. The
legislation restricts for six months, youth drivers at
night. Night driving can be dangerous behavior. The bill
provides protection for young drivers until they get more
experience. When the young drivers are 16.5 years old then
they can drive on the roads unaccompanied. The benefits
indicated in other states are a lowering of accident and
fatality rates by 20%. Representative Weyhrauch interjected
that driving is a privilege and everyone must abide by
certain restrictions.
Representative Stoltze noted that he appreciated the goals
of the legislation and would attempt to "balance" it with
"real world applications".
Vice Chair Meyer asked if the bill would have effects on
insurance rates. Representative Weyhrauch reiterated that
the legislation would restrict driving for six months for a
certain class of individuals. He noted that there was a
representative from the insurance industry present to
testify. He added that the good news is that insurance
costs can be saved.
Vice Chair Meyer questioned if the legislation would be
delaying licensing by six months. Representative Weyhrauch
explained that the beginning driver would receive a
provisional drivers license for six months. They can still
drive themselves and their siblings during the day but it
would restrict them from driving with other teenagers and
driving at night. He emphasized those are the critical
components.
Vice Chair Meyer asked what would happen if the driver
received a conviction during the six months unrestricted
phase. Representative Weyhrauch thought the individual
would have to wait for six months from the time of the
conviction not the time of being cited. He acknowledged
that might be a "loop hole".
Vice Chair Meyer inquired if historically, there are more
traffic accidents in the first six months of operation.
Representative Weyhrauch guaranteed that there are.
Vice Chair Meyer mentioned the fiscal note. He asked if the
youth would have to go back to the Division of Motor
Vehicles (DMV) after the six-month period to get a new
unrestricted license. Representative Weyhrauch responded
that was his understanding.
Ms. Sylvester provided an overview of the charts brought
before the Committee.
· Chart #1 - Indicates accidents per 1,000 licensed
drivers;
· Chart #2 - Teen Driving with Passengers - for teen
drivers, the presence of passengers results in
higher crash rates per 10,000 trips;
· Chart #3 - When car accidents are likely to happen
to teens indicating that 16 & 17 year olds are
involved in more crashes between the hours of
midnight and 5 a.m. than during daytime hours.
Ms. Sylvester noted that the bill does not have language
requiring driver education programs in the schools. She
stated that the problem with driver's education is that it
is expensive and that it would be unreasonable to require
schools to offer the program during the cutbacks happening
to education. Also, research indicates that the Driver's
Education Program does not have a tremendous amount of
impact on accident rates. It keeps kids in a "holding
pattern" of practicing driving longer, same as the GDL.
Representative Foster voiced his appreciation for the work
on the legislation, pointing out that he had co-sponsored
the bill. He noted that in some areas of the State, it is
nighttime half the year. Representative Weyhrauch stated
that there had been discussion in the House Transportation
Committee regarding the distinction between nighttime versus
dark.
Co-Chair Williams mentioned an 11 p.m. curfew.
Representative Weyhrauch responded that the legislation
would not affect the curfew and that the laws would continue
to overlap. Co-Chair Williams thought that a curfew would
address the youth singled out in the bill. Representative
Weyhrauch agreed that it could help and that the legislation
would also lead to a potential citation extending the period
of time that they cannot drive. Ms. Sylvester added that
the curfew laws vary throughout the State and that Juneau
does not have a curfew law on the books any longer.
Co-Chair Williams asked about the implication of the fiscal
revenue change. Representative Foster pointed out that the
note is positive, providing increased revenue.
Representative Weyhrauch stressed that was the "least
important aspect" of the proposed legislation.
MARK JOHNSON, CHIEF, COMMUNITY HEALTH AND EMERGENCY MEDICAL
SERVICES, DEPARTMENT OF HEALTH & SOCIAL SERVICES, voiced
support for the legislation. Through studies, it has been
determined that Alaska "mirrors" what is happening in the
rest of the states. The rates of crashes and deaths are
highest at 16 years old. Then they significantly decline.
Young drivers are 2.9 times more likely than adults to be
involved in crashes resulting in hospitalization. These
drivers put not only themselves but also others at risk. He
pointed out that studies demonstrate that the cost of
medical care and payment provided is usually through private
care insurance. The bottom line is that experience in other
states shows consistently that GDL does reduce crashes,
injuries and fatalities.
CINDY CASHEN, MOTHERS AGAINST DRUNK DRIVING (MADD), JUNEAU,
testified in support for the legislation. She noted that
MADD advocates that each state adopt laws providing for GDL
privileges to persons less than 21 years of age. She
commented that the bill would allow young, inexperienced
drivers extra time to gain critical experience behind the
wheel without the distraction of other youth in the vehicle,
and it emphasizes the increased risk of driving during the
late night/early morning hours. According to statewide
records, in Alaska in 2000, there were 3,889 crashes
involving 16-20 year old drivers. In 2001, that number rose
by 500. It is getting worse. Overall, Alaska had 26% of
evening crashes involving teenage drivers.
Ms. Cashen pointed out that the National Safety Council
reported that for every youth that is in a car with a
teenage driver, the chances of crash doubles. She concluded
that teens need to learn to drive defensively before they
obtain a final license. HB 213 would provide that. High
school students, once they realize the benefits of the GDL,
they usually are in support of it.
In response to comments made by Representative Stoltze, Ms.
Cashen explained that the reference to 21 years of age was a
"blanket statement" including no drinking under that age.
GDL is a part of the policy recommended by MADD.
KEVIN QUINLAND, (TESTIFIED VIA TELECONFERENCE), CHIEF,
SAFETY ADVOCACY DIVISION, NATIONAL TRANSPORTATION SAFETY
BOARD, WASHINGTON, D.C., referenced his written statement in
the packet from the National Transportation Safety Board.
(Copy on File). He pointed out that the work of the Board
is to investigate not regulate. The Board does not tell
states what to do but rather asks them to do the right thing
based on those recommendations. The recommendations can be
adapted to the state's needs. Since 1993, the Board has
recommended GDL to all states.
Mr. Quinland pointed out that 90% of traffic fatalities
occur on the highways. He added that 40% of teen deaths
occur in car crashes and that is the number one cause of
death for teens. In Alaska, teens are 7% of the driving
population, 17% of the drivers in fatal crashes and 26% of
all highway fatalities in Alaska involve teen drivers. He
continued, nationwide there has been about a 25% increase in
the number of young drivers. Teen passengers are
particularly risky for teen novice drivers. The risk of a
crash increases by 39% when one teen passenger is in the
car, 86% with two teen passengers, and 282% with more than 3
teens in the car.
Mr. Quinland stated that the current system is "broken" and
it only teaches the young driver how to pass a test. It
does not provide experience that is needed. The GDL really
does work and it is the answer. He noted that the only
thing that he would add to the component would be a
restriction for the use of cell phones during the
intermediate license phase.
Mr. Quinland noted that there are 39 states that have the
three-phase system in place; 46 states have some elements of
the GDL; 37 states have the nighttime driving restrictions;
and 26 states have passenger restrictions. He referenced
the chart accompanying his printed testimony regarding the
effectiveness of the GDL throughout the nation. He noted
that one statistic not indicated is that the GDL reduces
alcohol related fatalities. He added that the GDL is so
important to the National Transportation Safety Board that
it is on the list of the most wanted recommendations.
Enactment of HB 213 would be one of the most effective
actions that the State could take to prevent teen deaths and
the deaths of others. It passes the "common sense" test and
it is the right thing to do.
Representative Stoltze asked if there were other age
demographics that indicate disproportionately high accidents
or fatalities. Mr. Quinland responded that 16 years old are
the highest; there is a u-shaped curve of highest risk
beginning at age 16 and then decreasing as the age
increases. It starts back up again at age 65. At no point
are the older drivers at as high a risk as the younger
drivers.
TAPE HFC 04 - 31, Side B
ANNA BARNWELL, (TESTIFIED VIA TELECONFERENCE), STUDENT,
ANCHORAGE, voiced support for the legislation and urged that
it be passed. She noted that she was 18 years old and had
totaled a car when she was 16. Ms. Barnwell commented that
she would also feel safer on the highway with passage of the
legislation.
JEFF JESSE, (TESTIFIED VIA TELECONFERENCE), LEGISLATIVE VICE
PRESIDENT, ALASKA STATE PARENT-TEACHERS ASSOCIATION (PTA),
ANCHORAGE, stated that the PTA organization has 15,000
members statewide. Every year, priorities are identified
for each legislative session and this year, GDL is one of
their top priorities. Passage of the legislation will save
lives and injuries. Passage of HB 213 will assist in
insuring that the teenage drivers would be able to gain the
experience that they need to drive safely. Mr. Jesse
reiterated that the more experience kids get, the better
able they will be negotiate all types of problems.
Representative Foster MOVED to report CS HB 213 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 213 (FIN) was reported out of Committee with a "do
pass" recommendation and with fiscal note #1 by the
Department of Revenue.
ADJOURNMENT
The meeting was adjourned at 2:46 P.M.
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