Legislature(1993 - 1994)
02/08/1994 03:00 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE
STANDING COMMITTEE
February 8, 1994
3:00 p.m.
MEMBERS PRESENT
Rep. Bill Hudson, Chairman
Rep. Joe Green, Vice Chair
Rep. Eldon Mulder
Rep. Brian Porter
Rep. Bill Williams
Rep. Joe Sitton
Rep. Jerry Mackie
MEMBERS ABSENT
None
COMMITTEE CALENDAR
*HB 419: "An Act transferring the responsibility to license
security guards and security guard agencies from
the Department of Public Safety to the Department
of Commerce and Economic Development."
HEARD AND HELD IN COMMITTEE
*HB 325: "An Act relating to motorcycle safety and to use
of helmets by operators of motorcycles."
PASSED OUT OF COMMITTEE
(* First public hearing.)
WITNESS REGISTER
TIM SULLIVAN, Staff
Rep. Eldon Mulder
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-2647
Position Statement: Represented sponsor of HB 419
KARL LUCK, Director
Division of Occupational Licensing
Department of Commerce and Economic Development
P.O. Box 110806
Juneau, Alaska 99811-0806
465-2534
Position Statement: Answered questions regarding HB 419
1ST SGT. RANDY CRAWFORD
Alaska State Troopers
5700 E. Tudor Rd.
Anchorage, Alaska 99507-1225
269-5641
Position Statement: Answered questions regarding HB 419
(testified via offnet)
REP. TOM BRICE
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-3466
Position Statement: Sponsor of HB 325
JEFFREY BLUME
P.O. Box 7213
Ketchikan, Alaska 99901
225-6169
Position Statement: Supported HB 325
(Spoke via teleconference)
SCOTT HAMANN
P.O. Box 934
Kenai, Alaska 99611
283-4481
Position Statement: Supported HB 325
(Spoke via teleconference)
STEVE CASWELL
P.O. Box 3238
Soldotna, Alaska 99669
262-9554
Position Statement: Supported HB 325
(Spoke via teleconference)
CHARLES MITCHELL
1743 Bridgewater Dr.
Fairbanks, Alaska 99709
456-6246
Position Statement: Supported HB 325
(Spoke via teleconference)
TIM ROGERS
5188 E. Koyuk St.
Eielson AFB
Fairbanks, Alaska 99702
372-2700
Position Statement: Supported HB 325
(Spoke via teleconference)
BRUCE OCKRASSA
P.O. Box 103374
Anchorage, Alaska 99510
688-4922
Position Statement: Supported HB 325
(Spoke via teleconference)
GARY SAMPSON
P.O. Box 1348
Seward, Alaska 99664
224-7332
Position Statement: Supported HB 325
(Spoke via teleconference)
MARTHA MOORE
Emergency Medical Services
Division of Public Health
P.O. Box 110616
Juneau, Alaska 99801
465-3027
Position Statement: Opposed to HB 325
STEVEN RASMUSSEN
2741 Engineers Cutoff Rd.
Juneau, Alaska 99801
790-2625
Position Statement: Supported HB 325
JUANITA HENSLEY
Chief, Driver Services
Division of Motor Vehicles
Department of Public Services
P.O. Box 20020
Juneau, Alaska 99802-0020
Position Statement: Answered questions regarding HB 325
PREVIOUS ACTION
BILL: HB 419
SHORT TITLE: TRANSFER SECURITY GUARD LICENSING
SPONSOR(S): REPRESENTATIVE(S) MULDER BY REQUEST
JRN-DATE JRN-PG ACTION
01/31/94 2205 (H) READ THE FIRST TIME/REFERRAL(S)
01/31/94 2205 (H) LABOR & COMMERCE, STATE AFFAIRS
02/08/94 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 325
SHORT TITLE: MOTORCYCLE SAFETY
SPONSOR(S): REPRESENTATIVE(S) BRICE
JRN-DATE JRN-PG ACTION
01/03/94 2012 (H) PREFILE RELEASED
01/10/94 2012 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2012 (H) LABOR & COMMERCE, STATE AFFAIRS
02/01/94 (H) L&C AT 03:00 PM CAPITOL 17
02/08/94 (H) L&C AT 03:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 94-10, SIDE A
Number 059
The meeting was called to order by CHAIRMAN BILL HUDSON at
3:08 p.m. All members were present. He brought HB 419 to
the table.
HB 419 - TRANSFER SECURITY GUARD LICENSING
TIM SULLIVAN, Staff, Rep. Eldon Mulder, Prime Sponsor of
HB 419, read the sponsor statement for HB 419. Mr. Sullivan
stated that HB 419 provides for transferring the licensing
of security guards and security guard agencies to the
Department of Commerce and Economic Development. Mr.
Sullivan noted that the program is completely funded by
program receipts; no money comes from the general fund.
(The sponsor statement is on file.)
Number 071
KARL LUCK, Director, Division of Occupational Licensing,
Department of Commerce and Economic Development, testified
that presently there is no enforcement of the law in Public
Safety. He stated that if Occupational Licensing takes over
the program, they would need the extra funds to pay for
extra staff to bring the licensees into compliance.
Number 105
REP. PORTER noted that at some point he would ask the
committee for a ruling on whether or not he had a conflict
of interest as he has managed a private security company and
still consults in the business.
Number 114
CHAIRMAN HUDSON noted that the there would need to be an
increase in the license fees for the increased staff.
Number 120
MR. LUCK stated that under the current law each license
program must pay for itself.
Number 132
CHAIRMAN HUDSON asked what the current fee for a license
was.
No answer was given.
CHAIRMAN HUDSON stated that he is looking for what effect
this bill would have on the fees.
Number 165
REP. PORTER brought up the conflict that he may have in
voting on this bill as he has had experience as a security
agency consultant.
Number 180
CHAIRMAN HUDSON objected.
Number 205
REP. PORTER stated that there are requirements for licensing
that involve fingerprinting and background checks, and asked
if it was the intent of this bill to transfer everything to
the Department of Commerce, with the exception of the
endorsement for firearms.
Number 210
SGT. RANDY CRAWFORD, Alaska State Troopers, Anchorage,
answered yes, but the fingerprints will still be processed
through the troopers and most of the application fee will be
eaten up by the fingerprinting process.
Number 245
REP. PORTER asked if Sgt. Crawford knew how they would
recoup those costs from the Department of Commerce.
Number 255
SGT. CRAWFORD answered that he did not know the answer to
that question.
Number 285
MR. LUCK added that they have other licensees who are
required to submit fingerprints and they can either submit
them directly or the Department would collect the fees to
cover the costs.
Number 305
CHAIRMAN HUDSON asked how a security guard is licensed now.
Number 310
SGT. CRAWFORD stated that the process is primarily clerical.
After applications are processed at the trooper
headquarters, tests administered, and background checks are
done, the temporary license is issued. A permanent license
is granted after the fingerprint checks clear with a
picture.
Number 324
CHAIRMAN HUDSON asked if there were any proficiency checks
on the applicants.
Number 328
SGT. CRAWFORD stated that the security guard agencies
provide their course curriculum for firearms and the
certification comes from the applicants passing this
curriculum.
Number 332
REP. PORTER noted that there is a security guard permit that
must be obtained and if you want to be an armed security
guard you must have an endorsement on the permit.
Number 337
MR. LUCK recommended a change to the committee substitute on
page 3, line 2, to insert "or anytime thereafter."
Number 352
REP. PORTER moved insertion of the above language. No
objection was heard; it was so ordered.
Number 362
REP. PORTER offered an amendment to page 3, line 10, to
insert "of Public Safety." There was no objection; it was
so ordered.
Number 389
The committee discussed the probable increase in fees
resulting from the passage of this bill.
CHAIRMAN HUDSON announced that he would hold HB 419 in
committee for further information and testimony from the
industry.
Number 456
HB 325 - MOTORCYCLE SAFETY
REP. TOM BRICE, Prime Sponsor of HB 325, pointed out to the
committee that there was a committee substitute in their
packets that would transfer the responsibility of a
motorcycle safety program from the Department of
Transportation to the Department of Public Safety.
REP. BRICE stated that the issue came up over the interim
based on the Attorney General's opinion stating that the way
the current statute is written we could require a helmet to
anyone not singly licensed to drive a motorcycle. In other
words, you would have to be licensed to drive a motorcycle
and nothing else. This was an attempt by the Department of
Transportation to find a way through existing statute to
mandate motorcycle operators to wear a helmet in order to
come into compliance with ISTEA (Intermodal Surface
Transportation Efficiency Act) at the federal level. This
is 180 degrees from the intent of the legislature and the
enforcement procedures of the Department of Public Safety.
There has been no helmet law enforced on drivers over 18 for
the past 17 years. The Attorney General's opinion basically
stated that only 122 people in the state are not required to
wear helmets.
REP. BRICE added that the only thing HB 325 does is clarify
the current statutes to take the word "singularly" out.
Stated simply, Alaska does not require helmets of drivers of
motorcycles 18 and older.
Number 540
JEFF BLUME testified from Ketchikan in support HB 325. He
stated that the Ketchikan Harley Riders Association supports
motorcycle safety training as this training has been proven
to reduce accidents and fatalities. He stated that the
biggest problem with motorcycle safety training is the high
cost of liability insurance to conduct such training.
MR. BLUME expressed a concern regarding the changes proposed
to AS 28.35.245, which were:
1) The deletion of reference to AS 25.20.010, the age of
majority. He said you would lose the following language
regarding a person: "thereafter has control of the person's
own actions and business and has all rights and is subject
to all liabilities of citizens of full age." By eliminating
this the bill has lost the definition of rights and
responsibilities guaranteed in AS 25.20.010.
2) By deleting reference to AS 28.15.041, classification of
drivers license, the bill has lost the following language
regarding modification of regulations: "the regulation and
any subsequent modification under this section becomes
effective only if approved by concurrent resolution adopted
by a majority vote in each house of the legislature." Mr.
Blume stated that with these changes the bill has lost the
connectivity between AS 28.35.245 and AS 28.15.041.
MR. BLUME noted that a problem arose several years ago when
seemingly straightforward legislation regarding insurance
was enacted and it virtually eliminated the availability of
insurance in Alaska for motorcyclists.
Number 607
SCOTT HAMANN, President of the Kenai Peninsula ABATE
(Alaskan Bikers Advocating Training and Education),
testified from Soldotna that wearing a helmet does not
necessarily save a person. In fact, there are statistics
available to show just the opposite. Mr. Hamann stated he
is a helmet expert, tests them, and has boxes full of pieces
of them. He added that if you look at the statistics of
states that allow their citizens the choice whether or not
to use a helmet, you'll find they are safer.
Number 636
STEVE CASWELL testified from Soldotna in support of HB 325.
He added that promoting safety training is a lot more
productive than promoting safety items without good back-up.
Number 645
CHUCK MITCHELL, President of Fairbanks/Tannana Valley ABATE,
testified from Fairbanks in support of HB 325. Mr. Mitchell
dittoed the testimony given and added that we should
educate, not legislate, to save more lives.
Number 655
TIM ROGERS, member of ABATE and the Christian Motorcycles
Association, testified from Fairbanks that education, not
legislation will save lives.
TAPE 94-10, SIDE B
Number 001
BRUCE OCKRASSA, President of ABATE of Anchorage, and a
member of AMA, testified from Anchorage in support of HB
325. Mr. Ockrassa stated that HB 325 contains three basic
points: 1) the right to choose; 2) addresses the potential
risk of brain stem injuries caused by helmet use; and 3) the
establishment of a motorcycle safety program.
Number 043
GARY SAMPSON testified from Seward in support of HB 325. He
explained that several years ago he sustained a minor head
injury, not from riding his motorcycle, but from slipping on
his front stairs. Mr. Sampson believes that the wearing of
helmets in cars would have a much greater impact than
wearing one when riding a motorcycle. He added that the
greatest asset that a motorcyclist has when riding is being
able to see and hear and a helmet restricts these senses.
Number 080
MARTHA MOORE, Emergency Medical Services Section of the
Division of Public Health, Department of Health and Social
Services, read a statement into the record. Ms. Moore
stated the Division opposes HB 325 as they are convinced it
will be ineffectual in saving lives, preventing serious head
injury and disability, and would do nothing to reduce the
costs of motorcycle crashes born by the public.
MS. MOORE outlined the history of the withholding of funds
by the federal government from states who didn't have a law
mandating motorcycle drivers and passengers wear approved
helmets. By 1975 all but three states had helmet laws. In
1976, in response to motorcycle groups, the federal
government stopped the practice of withholding funds for
this reason. The result was 28 states weakened or repealed
their laws.
MS. MOORE stated that as a result of the above, researchers
have had the ability to compare the effects of having a
universal helmet law and a partial helmet law compared to no
law at all within the same individual state. The research
has shown that having a partial helmet law is similar to
having no law at all.
MS. MOORE said that more than 90% of all motorcycle
fatalities occur to people over 18; 92% of all crashes
involve people 18 and over.
MS. MOORE asserted that a partial law, as in Alaska, is very
hard to enforce because law enforcement can't tell at a
glance how old a rider is, so compliance is very low.
MS. MOORE said that in states that have universal helmet
laws, helmet usage is 95% or better, while states with no or
partial helmet laws have compliance under 50%
MS. MOORE commented that states with no or partial helmet
laws have more head and neck injuries, while states that
instituted helmet laws have seen a significant drop.
MS. MOORE stated that studies have shown that people who
have gone through safety programs are more likely to crash
than people who didn't.
MS. MOORE acknowledged that opponents of mandatory helmet
laws assert that they should be allowed to make their own
choices as it only affects them. Ms. Moore contended that
it is not true. In fact, the moment a motorcyclist crashes,
public funds are involved and continue to be so in every
part of treatment and rehabilitation.
MS. MOORE stated that nationally 60 to 70% of motorcyclists
involved in motorcycle crashes do not pay for their care.
Motorcyclists not wearing helmets are less likely to have
insurance.
Number 200
REP. SITTON asked Ms. Moore, if helmets are so helpful to
bikers, why doesn't the state require auto drivers to wear
them as well.
MS. MOORE replied that air bags and seat belts have gone a
long way towards eliminating serious head injuries.
Number 222
REP. SITTON referred back to the figures Ms. Moore testified
to regarding a $35 million increase in Medicaid cost in
Texas during the year they did away with the helmet law.
Rep. Sitton asked how many accidents prompted that figure.
MS. MOORE replied that the study was done over a number of
years and she did not have that information but would get it
for the committee.
Number 231
REP. SITTON asked if the Division of Public Health had done
a study to determine the number of accidents caused by
motorcyclists wearing helmets.
Number 236
MS. MOORE responded that Alaska had not done such a study,
but there have been studies done that have shown that over
90% of the time motorcyclists who crash, crash into
something in the 80 degree range of vision or within a 160
degree range. She added that helmet standards require a 200
to 220 degree vision.
Number 245
REP. PORTER stated that it is necessary to look side to side
in order to be safe in riding a motorcycle, and if you do
that you can not see in front of you with a helmet on.
Number 258
MS. MOORE stated that motorcycle crashes are usually the
fault of the person in the vehicle.
Number 270
REP. PORTER responded that the concept of defensive driving
comes into play in her testimony. Its important for the
motorcyclist to be aware of all the hazards around.
Number 286
MS. MOORE suggested that a motorcyclists will turn his head
the same way with or without his helmet on.
Number 303
REP. PORTER asked for clarification regarding Ms. Moore's
testimony on motorcycle riders not wearing helmets and
insurance; also, the testimony on the correlation between
states with safety programs and the number of accidents they
have.
MS. MOORE reiterated her testimony that the studies have
shown that motorcyclists who don't wear helmets are less
likely to have insurance. Ms. Moore added that the studies
have shown that accidents increase for those who complete
safety training.
Number 316
STEVEN RASMUSSEN testified in Juneau that he has been riding
motorcycles for over 30 years and has always had the choice
of whether or not to wear a helmet. Sometimes he does and
sometimes he doesn't, and he has never cost the state any
money. Mr. Rasmussen stated he has been involved in the
accumulation of tens of thousands of signatures against any
infringement of the cyclist's right to wear anything they
want when riding.
MR. RASMUSSEN added that a motorcycle safety program would
help young riders and women in becoming safer rides.
Number 335
JUANITA HENSLEY, Chief, Drivers Services, Division of Motor
Vehicles, Department of Public Safety, testified that her
agency certifies defensive courses for automobiles and they
license and certify commercial driving schools to teach
driver training. Ms. Hensley stated the Department feels
they can implement a motorcycle safety program without any
additional costs.
Number 360
CHAIRMAN HUDSON asked what the present process was for
certification of these programs similar to the one proposed
in Section 2 of this bill.
Number 365
MS. HENSLEY stated that currently the certification process
starts with an application processed through the driver
improvement office in Anchorage. The instructor must be
certified through AAA or the National Council on Driving and
Safety. After that they are required to teach a certain
number of hours to be able to teach safe driving.
Number 389
CHAIRMAN HUDSON stated that it seemed with this bill we are
affirming that we do not intend to embrace the federal law.
Number 430
REP. BRICE disagreed with Chairman Hudson's statement. He
stated that whether or not we embrace the federal law is
incumbent upon the Senate acting on SB 110. Rep. Brice
added that this bill just clarifies the current language we
have to bring the statutes in line with the enforcement
policy.
REP. BRICE added that HB 325 would make it perfectly clear
that the Attorney General's Office can't write an opinion
while the legislature is out of session saying something
that is 180 degrees from what the legislature intended.
REP. BRICE told the committee that the Attorney General's
Office issued an opinion last interim that stated that since
only singularly licensed operators are not required to wear
a helmet, therefore the State was in substantial compliance
with the ISTEA regulations, therefore we should receive our
federal funds.
Number 436
MS. HENSLEY informed the committee that the AG's opinion
Rep. Brice was referencing has been withdrawn.
MS. HENSLEY told the committee that the ISTEA funds have
already been sanctioned for the 2.7 million dollars. Those
funds, as of October 1, 1994, will automatically come over
from the highway construction funds to 402 highway safety
funds.
MS. HENSLEY added, if we do not have a motorcycle helmet law
by this session, then by October 1, 1994, an additional 3%
will be transferred over to the highway funds.
Number 450
CHAIRMAN HUDSON asked who gets the $2.6 million and what
will be done with it.
Number 455
MS. HENSLEY replied that the money will be transferred into
the highway safety planning agencies program and they will
be available through the grant process.
Number 465
REP. WILLIAMS asked Ms. Hensley about the results of the
California studies Ms. Moore referenced in her testimony.
Number 470
MS. HENSLEY agreed that from her reading of studies, crashes
have increased after persons take defensive driving or
safety programs. They believe this is a result of the
person's confidence levels being higher and taking more
risks.
Number 485
REP. PORTER moved the L&C committee substitute. No
objections were heard; it was so ordered.
REP. PORTER moved CSHB 325(L&C) with individual
recommendations and a zero fiscal note. No objections were
heard; it was so ordered.
CHAIRMAN HUDSON adjourned the committee at 4:30 p.m.
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