Legislature(1999 - 2000)

03/09/2000 01:06 PM House TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      HOUSE TRANSPORTATION STANDING COMMITTEE                                                                                   
                   March 9, 2000                                                                                                
                     1:06 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Andrew Halcro, Chairman                                                                                          
Representative Beverly Masek                                                                                                    
Representative Bill Hudson                                                                                                      
Representative John Cowdery                                                                                                     
Representative Allen Kemplen                                                                                                    
Representative Albert Kookesh                                                                                                   
Representative Vic Kohring                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 283                                                                                                              
"An Act requiring a person under 16 years of age to wear a helmet                                                               
when riding a bicycle; and providing for an effective date."                                                                    
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 282                                                                                                              
"An Act requiring a person under 16 years of age to wear a helmet                                                               
when operating or riding on an off-road vehicle; and providing for                                                              
an effective date."                                                                                                             
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 283                                                                                                                    
SHORT TITLE: BICYCLE HELMET LAW                                                                                                 
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/12/00      1906     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 1/12/00      1906     (H)  TRA, JUD, FIN                                                                                       
 1/12/00      1906     (H)  REFERRED TO TRANSPORTATION                                                                          
 3/09/00               (H)  TRA AT  1:00 PM CAPITOL 17                                                                          
                                                                                                                                
BILL: HB 282                                                                                                                    
SHORT TITLE: OFF-ROAD VEHICLE HELMET LAW                                                                                        
                                                                                                                                
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/12/00      1906     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 1/12/00      1906     (H)  TRA, JUD, FIN                                                                                       
 1/12/00      1906     (H)  REFERRED TO TRANSPORTATION                                                                          
 3/09/00               (H)  TRA AT  1:00 PM CAPITOL 17                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
CHRIS KNIGHT, Staff                                                                                                             
   to Representative Allen Kemplen                                                                                              
Alaska State Legislature                                                                                                        
Capitol Building, Room 112                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Presented HB 283 on behalf of sponsor.                                                                     
                                                                                                                                
JANE FELLMAN, Co-Coordinator                                                                                                    
Kenai Peninsula SAFE KIDS Coalition                                                                                             
250 Hospital Place                                                                                                              
Soldotna, Alaska 99669                                                                                                          
POSITION STATEMENT:   Testified on HB 283.                                                                                      
                                                                                                                                
STEVE O'CONNOR, Assistant Chief                                                                                                 
Central Emergency Services                                                                                                      
Central Kenai Peninsula Fire & EMS Providers                                                                                    
231 South Binkley                                                                                                               
Soldotna, Alaska 99669-8084                                                                                                     
POSITION STATEMENT:   Testified on HB 283.                                                                                      
                                                                                                                                
DAN COFFEY, President                                                                                                           
Alaskan Bikers Advocating Training & Education                                                                                  
Valdez Chapter                                                                                                                  
(Address not provided)                                                                                                          
Valdez, Alaska 99686                                                                                                            
POSITION STATEMENT:   Testified on HB 283 and HB 282.                                                                           
                                                                                                                                
ELIZABETH RIPLEY, Director                                                                                                      
Community Health & Planning                                                                                                     
Valley Hospital                                                                                                                 
515 East Dahlia Avenue                                                                                                          
Palmer, Alaska 99645                                                                                                            
POSITION STATEMENT:   Testified on HB 283.                                                                                      
                                                                                                                                
MARTHA MOORE, Trauma Registry Coordinator                                                                                       
Community Health & Emergency Medical Services                                                                                   
Division of Public Health                                                                                                       
Department of Health & Social Services                                                                                          
PO Box 110616                                                                                                                   
Juneau, Alaska 99811-0616                                                                                                       
POSITION STATEMENT:   Testified on HB 283 and HB 282.                                                                           
                                                                                                                                
DENNIS P. HARRIS, Cyclist                                                                                                       
PO Box 21219                                                                                                                    
Juneau, Alaska 99802-1219                                                                                                       
POSITION STATEMENT:   Testified in opposition to HB 283.                                                                        
                                                                                                                                
JOAN W. DIAMOND                                                                                                                 
5700 Rabbit Creek Road                                                                                                          
Anchorage, Alaska 99516                                                                                                         
POSITION STATEMENT:   Testified on HB 283.                                                                                      
                                                                                                                                
RONNI SULLIVAN, Executive Director                                                                                              
Southern Region                                                                                                                 
Emergency Medical Services Council, Inc.                                                                                        
6130 Tuttle Place                                                                                                               
Anchorage, Alaska 99507-2041                                                                                                    
POSITION STATEMENT:   Testified on HB 283.                                                                                      
                                                                                                                                
BOYD McFAIL, Legislative Affairs Coordinator                                                                                    
Alaskan Bikers Advocating Training & Education                                                                                  
Anchorage Chapter                                                                                                               
(Address not provided)                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified on HB 283 and HB 282.                                                                           
                                                                                                                                
JUDY MURPHY, Cyclist                                                                                                            
4121 Birch Lane                                                                                                                 
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:   Testified on HB 283.                                                                                      
                                                                                                                                
SHARRON LOBAUGH, Representative                                                                                                 
Juneau Safe Kids Coalition                                                                                                      
PO Box 110616                                                                                                                   
Juneau, Alaska 99811-0616                                                                                                       
POSITION STATEMENT:   Testified on HB 283 and HB 282.                                                                           
                                                                                                                                
SCOTT HAMANN, Representative                                                                                                    
Alaskan Bikers Advocating Training & Education                                                                                  
Kenai Chapter                                                                                                                   
PO Box 934                                                                                                                      
Kenai, Alaska 99611                                                                                                             
POSITION STATEMENT:   Testified on HB 282.                                                                                      
                                                                                                                                
DEBRA M. RUSSELL, Ph.D., CRC, CBIS; and                                                                                         
Director, Brain Injury Association of Alaska                                                                                    
1251 Muldoon Road, Suite 102                                                                                                    
Anchorage, Alaska 99504                                                                                                         
POSITION STATEMENT:   Testified on HB 282.                                                                                      
                                                                                                                                
KEVIN HAND, Staff                                                                                                               
   to House Transportation Standing Committee                                                                                   
Alaska State Legislature                                                                                                        
Capitol Building, Room 418                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Presented information from discussions with                                                                
retailers in relation to mandatory use of a helmet and/or waiver.                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-18, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN ANDREW HALCRO called the House Transportation Standing                                                                 
Committee meeting to order at 1:06 p.m.  Members present at the                                                                 
call to order were Representatives Halcro, Masek, Cowdery, Kemplen,                                                             
Kookesh and Kohring.  Representative Hudson arrived as the meeting                                                              
was in progress.                                                                                                                
                                                                                                                                
HB 283 - BICYCLE HELMET LAW                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO announced the first order of business as House Bill                                                             
283, "An Act requiring a person under 16 years of age to wear a                                                                 
helmet when riding a bicycle; and providing for an effective date."                                                             
                                                                                                                                
Number 0108                                                                                                                     
                                                                                                                                
CHRIS KNIGHT, Staff to Representative Allen Kemplen, Alaska State                                                               
Legislature, came before the committee to present the bill on                                                                   
behalf of the sponsor.  Requiring children under the age of 16 to                                                               
wear a helmet while operating a bicycle, he said, reduces the risk                                                              
of traumatic brain injuries.  Sixteen other states have enacted                                                                 
similar legislation.  Studies at the University of Washington have                                                              
shown that states with mandatory bicycle helmet laws reduce the                                                                 
rate for head injuries.  Currently, Alaska leads the nation in the                                                              
number of brain injuries per capita.  He further cited that bicycle                                                             
crashes are the third leading cause of serious accidental injuries                                                              
for Alaskans under the age of 16; in which, 52 percent suffer a                                                                 
traumatic brain injury resulting in a substantial cost to the                                                                   
state.  The average cost, he cited, for children with brain                                                                     
injuries is about $12,000 per admission.  Who covers those costs?                                                               
He answered, The state and federal governments.  He cited that                                                                  
about 40 percent of the children hospitalized with bicycle related                                                              
injuries are either uninsured or bill Medicaid for their hospital                                                               
care.  He pointed out that this legislation does not mandate the                                                                
use of a helmet for adults.  This legislation is for children only,                                                             
as they often lack the judgement necessary to make logical                                                                      
decisions.  Currently, the Anchorage and Juneau police departments                                                              
conduct educational programs and give out helmets.  This                                                                        
legislation, therefore, would encourage and incite further helmet                                                               
use.  He also pointed out that the Alaska Highway Safety Planning                                                               
Agency [Department of Public Safety] offers free grants from the                                                                
federal government for safety organizations to conduct public                                                                   
information campaigns on safety and the use of helmets.                                                                         
                                                                                                                                
Number 0377                                                                                                                     
                                                                                                                                
JANE FELLMAN, Co-Coordinator, Kenai Peninsula SAFE KIDS Coalition,                                                              
testified via teleconference from Kenai.  The use of bicycle                                                                    
helmets, she said, reduces the risk of head injuries by 85 percent,                                                             
and brain injuries by 88 percent.  Bicycle safety is a public                                                                   
health issue, not just an individual problem.  Statistics show that                                                             
the treatment of serious head injuries can be extremely expensive,                                                              
and that there is a significant cost savings with the consistent                                                                
and correct use of a helmet.  She said, "If someone is killed and                                                               
injured in a crash, many others bear the emotional suffering as                                                                 
well as the cost(s)."                                                                                                           
                                                                                                                                
MS. FELLMAN continued.  Severe and fatal injuries are not just                                                                  
limited to children.  Adults who wear helmets set an example.  It                                                               
only takes one mistake, she said, by a cyclist or motorist for                                                                  
injury or death.  Bicycle safety cannot compensate for non-careful                                                              
drivers or poor cycling environments; but a helmet improves a                                                                   
person's chance of escaping injury and death, especially since                                                                  
there are more cars on the road today.                                                                                          
                                                                                                                                
MS. FELLMAN continued.  Education is the best way to get a person                                                               
to wear a helmet, but that alone is rarely enough to get a person                                                               
to change a behavior.  Research has shown that education and                                                                    
legislation together are the best methods of increasing the use of                                                              
a helmet.  She said, "Education informs but does not empower                                                                    
parents to enforce the use of helmets.  'It's the law,' is a great                                                              
excuse for an explanation for the use of helmets.  Kids who would                                                               
otherwise bow to peer pressure for not wearing helmets now have a                                                               
reason, a compelling one, to wear one."                                                                                         
                                                                                                                                
Number 0627                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO asked Ms. Fellman where she feels government should                                                             
draw the line between what is safe and what is not safe for an                                                                  
individual.  In other words:  If the state mandates the use of a                                                                
bicycle helmet, should it also mandate the use of shin guards for                                                               
skateboarders and elbow guards for rollerbladers?  He called it a                                                               
slippery slope.                                                                                                                 
                                                                                                                                
MS. FELLMAN replied, as a child advocate, she believes that the                                                                 
state should watch out for its children.  The state should not draw                                                             
a line when it comes to promoting educational issues, especially as                                                             
they relate to head injuries, for they are life-threatening.                                                                    
                                                                                                                                
Number 0750                                                                                                                     
                                                                                                                                
STEVE O'CONNOR, Assistant Chief, Central Emergency Services,                                                                    
Central Kenai Peninsula Fire & EMS Providers, testified via                                                                     
teleconference from Kenai.  During his career, he has probably been                                                             
to three or four hundred accidents involving bicycles, ATVs and                                                                 
off-road vehicles.  He has seen firsthand the difference that                                                                   
helmets make.  Head injuries are life-threatening, and helmets make                                                             
a significant difference between life, functioning as a productive                                                              
adult and death.  It's a real tragedy, he said, to see a child                                                                  
sustain a significant head injury and end up being totally                                                                      
dependent upon a personal caretaker for the rest of that child's                                                                
life.  He encouraged the committee members to support the bill.                                                                 
                                                                                                                                
Number 0885                                                                                                                     
                                                                                                                                
DAN COFFEY, President, Alaskan Bikers Advocating Training &                                                                     
Education [ABATE], Valdez Chapter, testified via teleconference                                                                 
from Valdez.  He is requesting that the committee members not pass                                                              
HB 283 out of committee.  It's the right of every parent to decide                                                              
how to raise their children, not the state's.  Passing this                                                                     
legislation into law would take that right away.                                                                                
                                                                                                                                
MR. COFFEY continued.  He has traveled and lived in Bush Alaska for                                                             
many years.  This legislation, he said, is not good for the entire                                                              
state, for many communities do not have paved roads.  If this is a                                                              
urban-rural issue then it should be treated and handled as such.                                                                
He's not in favor of turning parents and children into criminals                                                                
for choosing not to wear a helmet.                                                                                              
                                                                                                                                
Number 1072                                                                                                                     
                                                                                                                                
REPRESENTATIVE ALLEN KEMPLEN asked Mr. Coffey whether he supports                                                               
requiring the use of seat belts while in an automobile.                                                                         
                                                                                                                                
MR. COFFEY replied, no, not as a state requirement.                                                                             
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Mr. Coffey whether he supports                                                                     
requiring the use of a safety seat for babies while in an                                                                       
automobile.                                                                                                                     
                                                                                                                                
MR. COFFEY replied, yes, but that requirement is impossible since                                                               
there are many areas of the state that do not have roads.                                                                       
                                                                                                                                
Number 1126                                                                                                                     
                                                                                                                                
ELIZABETH RIPLEY, Director, Community Health & Planning, Valley                                                                 
Hospital, testified via teleconference from Mat-Su.  She is also                                                                
chairman of the Mat-Su Valley SAFE KIDS Coalition, a national                                                                   
organization founded by C. Everett Koop for the purposes of                                                                     
reducing injuries in children - the number one cause of death for                                                               
children ages 1 to 14 nationwide.                                                                                               
                                                                                                                                
MS. RIPLEY continued.  Alaska, she said, has the highest rate of                                                                
childhood injuries per capita.  The third leading cause of injury                                                               
in the Mat-Su Valley for both children and adults is from ATV and                                                               
bicycle accidents.  According to a survey conducted by Valley                                                                   
Hospital, 29 percent of the parents require their children to                                                                   
always wear a bicycle helmet; 20 percent never require their                                                                    
children to wear a bicycle helmet; 43 percent always require their                                                              
children to wear an ATV helmet; and 5 percent never require their                                                               
children to wear an ATV helmet.  The remainder of the population                                                                
sometimes require their children to wear an ATV or bicycle helmet.                                                              
The survey was conducted in five different communities.  Wasilla                                                                
was the worst, which directly correlates with the rate of bicycle                                                               
and ATV accidents.  According to a report by the National SAFE KIDS                                                             
Campaign, safety devices such as smoke alarms, car seats and bike                                                               
helmets have contributed to a 46 percent decline over the last two                                                              
decades among children under the age of 14.  This is largely due to                                                             
the result of widespread education, better engineering and landmark                                                             
safety legislation.                                                                                                             
                                                                                                                                
MS. RIPLEY continued.  Unintended injuries, she said,                                                                           
disproportionately affect poor children.  She noted that the Valley                                                             
Hospital and the Mat-Su Valley SAFE KIDS Coalition hold numerous                                                                
bike rodeos every year, and distribute hundreds of free helmets to                                                              
those in need.  Please pass this legislation, she said, and make                                                                
parents and care givers accountable for children to wear helmets.                                                               
                                                                                                                                
Number 1372                                                                                                                     
                                                                                                                                
MARTHA MOORE, Trauma Registry Coordinator, Community Health &                                                                   
Emergency Medical Services, Division of Public Health, Department                                                               
of Health & Social Services, came before the committee to testify.                                                              
Children are disproportionately involved in bicycle crashes, she                                                                
said, due to immaturity, a lack of necessary skills and                                                                         
coordination.  Younger children have a larger head in comparison to                                                             
the rest of their bodies, which makes them top-heavy.  It's                                                                     
critical, therefore, that they wear a helmet.                                                                                   
                                                                                                                                
MS. MOORE continued.  There are other laws in the state that                                                                    
protect children.  She cited the mandatory use of safety belts for                                                              
children under the age of 16; and the mandatory use of float                                                                    
jackets for children under the age of 13 as examples.  It's not                                                                 
unreasonable, therefore, to require the use of helmets as well.                                                                 
                                                                                                                                
MS. MOORE continued.  This really is an issue of increasing the use                                                             
of helmets rather than an issue of enforceability.  Jurisdictions                                                               
she cited, where bicycle helmet laws have been enacted, have seen                                                               
an increase in the use of helmets, which has not relied heavily                                                                 
upon enforcement.                                                                                                               
                                                                                                                                
Number 1469                                                                                                                     
                                                                                                                                
MS. MOORE continued.  It's important to keep in mind that helmets                                                               
do not prevent crashes.  A total injury prevention program is                                                                   
important, which would consist of the promotion of helmet use;                                                                  
safety education; safety standards; and making helmets available,                                                               
affordable and acceptable.  The Department of Health & Social                                                                   
Services has been actively involved in these kinds of activities                                                                
and will continue to do so.  A helmet law, therefore, is one more                                                               
"tool in the toolbox" in promoting the use of a helmet.                                                                         
                                                                                                                                
MS. MOORE continued.  About 40 children are hospitalized in the                                                                 
state each year due to injuries from a bicycle accident; in which,                                                              
one-third involves brain injuries.  The cost of hospitalization for                                                             
those not wearing a helmet is about $13,000 per patient, which is                                                               
57 percent more than for those who wear a helmet.  She has seen                                                                 
hospital bills for well over a hundred thousand dollars.  This                                                                  
really is a cost issue for the state, not just a health issue.                                                                  
Thank you.                                                                                                                      
                                                                                                                                
Number 1554                                                                                                                     
                                                                                                                                
REPRESENTATIVE BILL HUDSON asked Ms. Moore what the proper age is                                                               
to apply this type of mandate.                                                                                                  
                                                                                                                                
MS. MOORE replied, according to the facts, the rate of injuries due                                                             
to bicycle accidents is the highest for children ages 5 to 15.  The                                                             
rate of death due to bicycle accidents is the highest for children                                                              
ages 10 to 14.                                                                                                                  
                                                                                                                                
Number 1607                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON asked Ms. Moore whether there are any federal                                                             
efforts to impose helmet laws for bicycle riders.                                                                               
                                                                                                                                
MS. MOORE replied that she doesn't know.                                                                                        
                                                                                                                                
Number 1625                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO commented that children engage in a lot of                                                                      
dangerous activities - rollerblading, skateboarding, skiing, et                                                                 
cetera.  He asked Ms. Moore where she thinks it's appropriate for                                                               
government to draw the line in terms of mandating the use of a                                                                  
helmet for those types of activities.                                                                                           
                                                                                                                                
MS. MOORE replied, as a research analyst, she feels that it's                                                                   
irresponsible to ignore the evidence, especially when it shows                                                                  
overwhelmingly that there is a problem.                                                                                         
                                                                                                                                
Number 1694                                                                                                                     
                                                                                                                                
DENNIS P. HARRIS, Cyclist, came before the committee to testify.                                                                
He does not own an automobile.  He a bicycle for about 90 percent                                                               
of his transportation needs.  He supports children wearing a                                                                    
bicycle helmet, but he does not support mandatory helmet laws.  He                                                              
supports mandatory helmet laws for motorized vehicles, however.                                                                 
Instead, he believes in "Dad's Helmet Law."  A mandatory helmet                                                                 
law, he said, provides police with an excuse to harass poor parents                                                             
or parents who do not speak English.  Dad's Helmet Law says, "If I                                                              
catch you riding without a helmet, the bike goes in the garage and                                                              
stays there."  That type of law is the most effective.                                                                          
                                                                                                                                
MR. HARRIS continued.  The state needs to treat the cause of                                                                    
accidents.  He suggested a program that includes bicycle safety                                                                 
training in the first grade, and bicycle safety training as part of                                                             
the curriculum for middle school physical education teachers as                                                                 
examples.  There is a myth that bicycling is inherently dangerous,                                                              
when in fact it is safer than riding in an automobile per mile                                                                  
traveled.  But, when a child puts on a helmet, he/she can feel                                                                  
invulnerable, which can be just as dangerous without proper                                                                     
training.  In Australia, legislation was passed to make helmet use                                                              
mandatory and the number of injuries did not go down but instead                                                                
the number of miles cycled went down, which is a risk this country                                                              
cannot take due to diseases related to inactivity.                                                                              
                                                                                                                                
Number 2046                                                                                                                     
                                                                                                                                
REPRESENTATIVE ALBERT KOOKESH asked Mr. Harris how schools can                                                                  
afford bicycle training classes when some can't afford foreign                                                                  
language programs, for example.                                                                                                 
                                                                                                                                
MR. HARRIS replied most schools have a physical education class of                                                              
some sort.                                                                                                                      
                                                                                                                                
REPRESENTATIVE KOOKESH said he knows some schools that don't even                                                               
have that.                                                                                                                      
                                                                                                                                
MR. HARRIS replied most schools have health education classes.                                                                  
                                                                                                                                
REPRESENTATIVE KOOKESH replied that bicycle training certainly                                                                  
won't be on the assessment test.  He said,                                                                                      
                                                                                                                                
     I think, if people had to pick between teaching somebody                                                                   
     about the human vertebrae and a bicycle class because one                                                                  
     or the other is going to be on the test, which one do you                                                                  
     think it will be?                                                                                                          
                                                                                                                                
MR. HARRIS replied Representative Kookesh is probably right.  He                                                                
can see problems with enforcement, and he doesn't see the need for                                                              
this type of mandate in towns such as Angoon.  He can see the need                                                              
in urban areas, however.  He also feels that this could be handled                                                              
outside the school systems.                                                                                                     
                                                                                                                                
Number 2097                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO asked Mr. Harris whether parents should be                                                                      
responsible for education, since he believes that parents should be                                                             
responsible for punishment.                                                                                                     
                                                                                                                                
MR. HARRIS replied yes.                                                                                                         
                                                                                                                                
Number 2140                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON said he sees so many families wearing bicycle                                                             
helmets today.                                                                                                                  
                                                                                                                                
MR. HARRIS pointed out that is because bicycle shops and insurance                                                              
companies have discovered a problem with liability.  As a result,                                                               
many bicycle shops require a person to buy a helmet along with                                                                  
their bicycle.  Another reason is because several thousand helmets                                                              
have been given away in Juneau in the last few years under the                                                                  
federal grant mentioned earlier.                                                                                                
                                                                                                                                
Number 2257                                                                                                                     
                                                                                                                                
JOAN W. DIAMOND testified via teleconference from Anchorage.  She                                                               
is speaking today as a mother and as a public health worker.                                                                    
Studies indicate that the cumulative effect of subtle blows to the                                                              
head have serious long-term effects such as, learning problems in                                                               
school and other behavioral related problems.  In teens and adults                                                              
subtle blows to the head can result in violent behavior and                                                                     
incarceration.  She supports this legislation for those reasons.                                                                
                                                                                                                                
MS. DIAMOND continued.  Not all parents, she said, are created                                                                  
equal.  Not all parents have the ability or interest in making sure                                                             
that protective devices, such as helmets, are available and used.                                                               
This legislation, therefore, creates an equal field for all                                                                     
children.  Thank you.                                                                                                           
                                                                                                                                
Number 2343                                                                                                                     
                                                                                                                                
RONNI SULLIVAN, Executive Director, Southern Region, Emergency                                                                  
Medical Services Council, Inc., testified via teleconference from                                                               
Anchorage.  She works with emergency medical providers throughout                                                               
Southcentral Alaska.  The emergency medical industry, she said, is                                                              
in agreement with helmet legislation, for they are the ones who                                                                 
respond to bicycle accidents involving children.                                                                                
                                                                                                                                
MS. SULLIVAN continued.  This is clearly a public health issue.                                                                 
She said, "We know the cause.  We know what intervention will work,                                                             
and we know what needs to be done."  She encouraged the committee                                                               
members to help protect the children of the state and support the                                                               
legislation.  Thank you.                                                                                                        
                                                                                                                                
Number 2403                                                                                                                     
                                                                                                                                
BOYD McFAIL, Legislative Affairs Coordinator, Alaskan Bikers                                                                    
Advocating Training & Education [ABATE], Anchorage Chapter,                                                                     
testified via teleconference from Anchorage.  He has dealt with                                                                 
children with head injuries, and it is tragic to see.  However, a                                                               
mandatory helmet law is not the way to go about this.  He said,                                                                 
"You train your children how to ride your bicycle.  You train your                                                              
children or inform your children to wear a helmet, or you just                                                                  
insist that your children wear a helmet, is the way it should be                                                                
done."  A mandate, on the other hand, questions a parent's                                                                      
responsibility and enforcement.  It's the lazy parents, he said,                                                                
who are doing a disservice to their children.  They are the ones                                                                
who should be targeted, but that is an educational issue.  He said,                                                             
"We believe you should educate, not legislate."                                                                                 
                                                                                                                                
MR. McFAIL continued.  There are too many questions regarding the                                                               
cost to the state, especially since it is experiencing trouble with                                                             
its budget.  An ill-fitting helmet is as harmful as not wearing                                                                 
one, which translates to numerous helmets over the course of a                                                                  
child's life.  He asked, How many helmets will the state give?                                                                  
This is a question that must be answered because he can't see where                                                             
the state would have the resources to...                                                                                        
                                                                                                                                
TAPE 00-18, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MR. McFAIL continued.  He feels strongly that the state is taking                                                               
more and more authority away from parents rather than letting them                                                              
raise their children into good citizens.  For that reason, he can't                                                             
support the legislation.                                                                                                        
                                                                                                                                
Number 0043                                                                                                                     
                                                                                                                                
JUDY MURPHY, Cyclist, came before the committee to testify.  When                                                               
she put her toddler on the back of her bicycle in 1972, she wanted                                                              
something to protect her head.  She found a lightweight mountain                                                                
climbing helmet; there was no such thing as a child bicycle helmet                                                              
at the time.  In fact, there wasn't a hard-shell adult bicycle                                                                  
helmet at the time either.  In 1981, when her family became                                                                     
interested in cycling, they all bought helmets and wore them.                                                                   
Since that time, she has been very busy with the Juneau Safe Kids                                                               
Coalition, a local program that encourages safety, which includes                                                               
the use of bicycle helmets.  However, she does not favor a law                                                                  
mandating the use of a helmet.                                                                                                  
                                                                                                                                
MS. MURPHY continued.  Helmets, she said, are overrated in terms of                                                             
increasing safety.  Proponents claim that the 43 percent decrease                                                               
in fatalities between 1988 and 1998 is the result of helmets and                                                                
passage of mandatory helmet laws.  This is now true, however.  A                                                                
decrease is due to a variety of factors, only one of which is                                                                   
helmets.  She cited an increase in the enforcement of drunk driving                                                             
laws, better facilities, wider roads, bike lanes, and multi-use                                                                 
paths as examples.  There has also been a decrease in cycling for                                                               
children because parents are fearful that they might get hurt.                                                                  
There has also been better education of motorist and cyclists.  All                                                             
of these things, she said, have had an effect.  As a matter of                                                                  
fact, that 43-percent figure is matched with a 46 percent decrease                                                              
in child pedestrian fatalities.  She asked, "Have you seen any                                                                  
pedestrians wearing helmets lately?"                                                                                            
                                                                                                                                
MS. MURPHY continued.  This legislation uses a standard for helmets                                                             
that expired five years ago.  She cited that since March 10, 1999                                                               
all helmets manufactured and imported for sale in the U.S. have to                                                              
meet federal safety standards set by the Consumer Product Safety                                                                
Commission.  This bill does not mention that standard; it                                                                       
references a standard by the American National Standards Institute,                                                             
which was declared obsolete in February of 1995.                                                                                
                                                                                                                                
MS. MURPHY continued.  A provision requiring a bicycle operator                                                                 
should apply to all with no exceptions based on age or experience,                                                              
otherwise  getting rid of the helmet becomes a right of passage.                                                                
She said, "Kids could hardly wait to turn 16 and destroy the                                                                    
thing."  Also, the economic loss caused by the death or serious                                                                 
injury of an adult far exceeds that of the loss of a child.  Yet if                                                             
the law was written to include adults, it would probably be                                                                     
rejected.                                                                                                                       
                                                                                                                                
MS. MURPHY continued.  A bill should provide an incentive to use                                                                
protective equipment.  A fine or penalty, for example, should be                                                                
revocable upon proof of acquisition of this type of equipment.                                                                  
This bill does include such a provision.  As a result, it won't                                                                 
protect cyclists who consistently wear a helmet but happen to                                                                   
forget it one time.  She said, "If you forget to do up your seat                                                                
belt, you can simply do it up when you realize it and it's safe.                                                                
But if you forget your helmet, there's nothing you could do.  It                                                                
makes you subject to harassment and the inconvenience of proving to                                                             
other people that you have a helmet."                                                                                           
                                                                                                                                
MS. MURPHY continued.  A bill should address the issue of making                                                                
helmets available to all cyclists.  As a comparison, all cars are                                                               
equipped with seat belts.  She said, "If you pass a helmet bill,                                                                
then you have to get helmets out to people, and poor people may not                                                             
be able to afford them."  Although there are free and discounted                                                                
helmet programs, there may not be enough for all those who need                                                                 
one.  In addition, there is no guarantee that the organizations                                                                 
demanding passage of this legislation will continue to provide                                                                  
funding for free helmets.  On the other hand, if these                                                                          
organizations provide the helmets and the appropriate education,                                                                
there will be a high voluntary use.                                                                                             
                                                                                                                                
MS. MURPHY continued.  A model bill should be the basis of any                                                                  
legislation, yet this bill allows municipalities to adopt standards                                                             
that are as strict or more stringent, which could be confusing.  In                                                             
other words, what might be all right in one community might not be                                                              
all right in another.  How will one decide what to do?                                                                          
                                                                                                                                
MS. MURPHY continued.  This legislation requires a cyclist to wear                                                              
a helmet "of good fit that is fastened securely upon a person's                                                                 
head with a strap," yet there is no provision on how to teach the                                                               
placement of a helmet properly.  Helmet studies in New Zealand and                                                              
Oregon have found that 70 percent of helmets are improperly worn,                                                               
which can fail to provide protection and even cause an accident.                                                                
                                                                                                                                
MS. MURPHY continued.  If a helmet law is passed, police may                                                                    
concentrate on harassing cyclists who do not wear a helmet, rather                                                              
than cyclists who break traffic laws.  She said, "We already have                                                               
plenty of laws in place that if followed will increase cyclist                                                                  
safety.  Unfortunately, our police are often so poorly educated on                                                              
bicycle safety they harass cyclists who are riding safely and                                                                   
legally and ignore cyclists breaking the law. If the law is not                                                                 
enforced ... it becomes meaningless.  Who cares?"                                                                               
                                                                                                                                
MS. MURPHY continued.  This legislation should include a provision                                                              
to the effect that failure to use a helmet shall not be admissible                                                              
as evidence of negligence in a court of law.  Who caused an                                                                     
accident and the avoidance of injury are different questions.  If                                                               
a helmet law does not have such a provision, a driver who runs a                                                                
stop light and injures an un-helmeted cyclist can avoid having to                                                               
pay anything towards medical expenses or other damages.  It could                                                               
be argued that it was the cyclist's fault for not wearing a helmet,                                                             
which is unjust.                                                                                                                
                                                                                                                                
MS. MURPHY continued.  The most important part of this issue is                                                                 
education.  A helmet program should be part of a comprehensive                                                                  
education program in the schools.  She said, "It does very little                                                               
good to put helmets on cyclists without teaching them to ride                                                                   
safely."  The greatest danger that a child on a bicycle faces is                                                                
faulty education provided by incompetent adult cyclists.  She said,                                                             
"Unfortunately, every adult who has ridden a bicycle a mile thinks                                                              
he's an expert on bike safety.  This includes adults who can't fix                                                              
a tire, can't shift their multi-speed bike, have never read a                                                                   
bicycle accident study, and do not even know on which side of the                                                               
road to ride."                                                                                                                  
                                                                                                                                
MS. MURPHY continued.  American bicycle education, she said, has                                                                
long been based on a myth, in that the chief cause of car-bike                                                                  
collisions is fast motorists overtaking slow cyclists.  Yet for                                                                 
over 25 years it has been known that overtaking accidents are a                                                                 
small portion of car-bike collisions.  More recently, researchers                                                               
from the University of North Carolina have found that a mere 8.6                                                                
percent of car-bike collisions - in a sample of 3,000 from 8 states                                                             
- involved a motorist overtaking a cyclist.  Basing education on a                                                              
faulty theory can actually increase the dangers to cyclists.  The                                                               
state of Texas has instituted a super cyclist program funded                                                                    
primarily with federal dollars.  The first phase consists of                                                                    
certifying skilled cyclists as instructors.  The second phase                                                                   
consists of those instructors instructing physical education                                                                    
teachers.  The final phase consists of those teachers teaching                                                                  
children to ride safely.  Once the program is in action, she said,                                                              
the cost of maintenance is minimal.                                                                                             
                                                                                                                                
MS. MURPHY continued.  In conclusion, "We want children to be safer                                                             
while riding their bikes.  What we should be advocating is good                                                                 
bicycle education.  Providing helmets and instruction in how and                                                                
why to use them is a far more positive way to encourage use of                                                                  
helmets than bludgeoning cyclists with a helmet law."  She                                                                      
encouraged the committee members to either make many changes to the                                                             
legislation or "forget it."                                                                                                     
                                                                                                                                
Number 0458                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO stated children under the age of 16 engage in a                                                                 
variety of dangerous exercises - snowboarding, skateboarding, et                                                                
cetera.  He asked Ms. Murphy where government should draw the line                                                              
so that responsibility is on the parent and so the state is not                                                                 
dictating to every child that they have to wear a helmet while                                                                  
engaging in dangerous activities.                                                                                               
                                                                                                                                
MS. MURPHY replied it's the responsibility of the parents, not the                                                              
state, for all of those activities.                                                                                             
                                                                                                                                
Number 0521                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Ms. Murphy who she thinks should pay                                                               
for the costs associated with brain injuries.                                                                                   
                                                                                                                                
MS. MURPHY replied everybody pays through insurance and other                                                                   
"things."  The best insurance is prevention.  She has seen all too                                                              
often a child proceed to do something foolish after putting a                                                                   
helmet on, which is often encouraged, as people tend to glorify                                                                 
those who were wearing a helmet when they crashed and it saved                                                                  
their life, but ignore those who are riding safely.                                                                             
                                                                                                                                
REPRESENTATIVE KOOKESH asked Ms. Murphy who she thinks should pay                                                               
for the costs associated with education.                                                                                        
                                                                                                                                
MS. MURPHY replied there are federal dollars available.  The state                                                              
of Texas, she cited, is primarily using federal dollars for the                                                                 
program that she mentioned earlier.                                                                                             
                                                                                                                                
Number 0573                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO asked Ms. Murphy whether she could support                                                                      
requiring the purchase of a helmet with a bicycle or some kind of                                                               
a "sign-off" form, thereby protecting retailers and putting                                                                     
responsibility into the hands of parents.  Previous testimony has                                                               
indicated that some bicycle shops are worried about liability.                                                                  
                                                                                                                                
MS. MURPHY replied that she couldn't support a requirement like                                                                 
that.  She certainly couldn't support a requirement of a one-to-one                                                             
relationship between a bicycle and a helmet.  She said, "I own six                                                              
bikes and only have one head."                                                                                                  
                                                                                                                                
CHAIRMAN HALCRO replied that would be the reason for a                                                                          
waiver/sign-off form.                                                                                                           
                                                                                                                                
MS. MURPHY expressed that, she thinks, it's a personal and parental                                                             
responsibility to decide if one should wear a helmet or not.                                                                    
                                                                                                                                
Number 0646                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Ms. Murphy to comment on the children                                                              
who don't have two parents or responsible parents.  In other words:                                                             
What should be done with them when they injure their brain?                                                                     
                                                                                                                                
MS. MURPHY replied, "If free helmets are available, they'll be                                                                  
going for them."                                                                                                                
                                                                                                                                
Number 0701                                                                                                                     
                                                                                                                                
SHARRON LOBAUGH, Representative, Juneau Safe Kids Coalition, came                                                               
before the committee to testify.  She is retired from the state as                                                              
an injury prevention specialist.  She supports the previous                                                                     
testifiers and their comments, for they are experts and the facts                                                               
that they mentioned are true.  The Alaska Trauma Registry, as                                                                   
mentioned earlier, provides data for all injuries and circumstances                                                             
thereof around the state.  Juneau happens to be, she said, the                                                                  
heart of bicycle-injury-country for youngsters, which might be                                                                  
because of better weather, but nevertheless it's still a problem.                                                               
                                                                                                                                
MS. LOBAUGH continued.  The question of when the state should limit                                                             
and/or restrict deserves a brief history of public health.  She                                                                 
cited that children are now dying from injuries, whereas twenty                                                                 
years ago children were dying from infections, measles, polio and                                                               
other diseases of that nature.  It was public health that invented                                                              
prevention methods for those types of diseases in the form of                                                                   
vaccinations.  The SAFE KIDS coalition is only about 10 years old,                                                              
but it continues to grow every year with more and more interest                                                                 
from cyclists, police officers, school children, parents, and                                                                   
public health professionals, as more understand that injuries are                                                               
the primary killer of children.                                                                                                 
                                                                                                                                
MS. LOBAUGH continued.  What should be done?  According to Johns                                                                
Hopkins University, the three strategies for injury prevention are                                                              
engineering, education and environment.  Education consists of                                                                  
public announcements and the such.  Engineering consists of seat                                                                
belts, air bags and the such.  Environment consists of removing                                                                 
that which can cause an accident.  She cited the removal of a rug                                                               
to prevent a slip as an example.  The most effective of the three                                                               
is engineering.  She understands, however, that the state can't put                                                             
people "in a bubble" to protect them, but it only takes little                                                                  
falls or soft injuries that can accumulate over time into                                                                       
behavioral and learning problems.  It has been know, she cited,                                                                 
that a fall from 3 inches onto a hard surface can cause serious                                                                 
brain damage.  It doesn't take very much at all.                                                                                
                                                                                                                                
Number 1109                                                                                                                     
                                                                                                                                
MS. LOBAUGH continued.   She doesn't think a universal helmet law                                                               
would pass, for it is unreasonable.  But the state has a public                                                                 
health and public policy obligation to protect children, for they                                                               
are more vulnerable; they are less skilled and tipsy.  She thinks                                                               
that as soon as a child climbs onto a bicycle it's appropriate to                                                               
require a helmet.                                                                                                               
                                                                                                                                
Number 1177                                                                                                                     
                                                                                                                                
MS. LOBAUGH continued.  In Juneau, police officers spend a week in                                                              
the schools educating students on bicycle safety.  It's called                                                                  
positive policing.                                                                                                              
                                                                                                                                
Number 1226                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO asked Mr. Lobaugh how parents can afford to pay the                                                             
fine called for in the bill, especially given the statistic of 40                                                               
percent mentioned earlier for those uninsured.                                                                                  
                                                                                                                                
MS. LOBAUGH replied the bill can be amended to include proof of                                                                 
applying the amount of the fine towards the purchase of a helmet,                                                               
which also might act as an incentive.  Furthermore, the 40-percent                                                              
statistic includes the limitations placed on insurance.  For                                                                    
example, when insurance runs out a person falls under public                                                                    
domain.  She said, "When you're talking about being hit and having                                                              
spinal involvement, brain involvement, paraplegic kind of things,                                                               
you're running astronomical medical bills."  That statistic doesn't                                                             
necessarily mean that these individuals are on Medicaid.                                                                        
                                                                                                                                
Number 1376                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON asked Ms. Lobaugh how the state can be sure                                                               
that this legislation won't place a higher standard for some areas,                                                             
for it would apply to small villages that don't even have a lot of                                                              
vehicular traffic.                                                                                                              
                                                                                                                                
MS. LOBAUGH replied she has observed a lot of bicycles and ATVs in                                                              
rural areas that don't necessarily use a road, especially in the                                                                
winter, which may result in greater risks.  Moreover, the bill                                                                  
refers to public highways, roadways, vehicular ways, bicycle paths                                                              
or other public rights-of-ways.  She's not sure, therefore, that                                                                
this would apply to every village because of the definition of                                                                  
public right-of-way.                                                                                                            
                                                                                                                                
Number 1616                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON stated he's not suggesting that this                                                                      
shouldn't apply to everybody; he's just inquiring as to whether or                                                              
not this could be accommodated across the state.                                                                                
                                                                                                                                
Number 1639                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOOKESH stated Angoon is considered an off-road                                                                  
system.  They are not considered part of the Public Highway System;                                                             
they are not connected to the major highways of the state, which                                                                
affects licensing and insurance as well.                                                                                        
                                                                                                                                
MS. LOBAUGH stated the data for the rural areas shows a high rate                                                               
of injuries.  For example, the Northwest Arctic region shows a rate                                                             
of 254 brain injuries per 100,000; and the North Slop region shows                                                              
a rate of 234 brain injuries per 100,000.  The Anchorage region, on                                                             
the other hand, shows a rate of 69 brain injuries per 100,000.                                                                  
                                                                                                                                
REPRESENTATIVE HUDSON stated that the sponsor needs to specify the                                                              
implications in the bill.  They are not clear.                                                                                  
                                                                                                                                
MR. KNIGHT pointed out that the legislation, as currently written,                                                              
would apply to all areas of the state.  The sponsor wants to focus                                                              
on the entire state because the highest incidences of brain                                                                     
injuries occur outside the urban areas.                                                                                         
                                                                                                                                
MR. KNIGHT continued.  Contrary to earlier testimony, he said, this                                                             
legislation would not make anybody a criminal.  He also pointed out                                                             
that the National Helmet Program through grants and such offer                                                                  
helmets for a reasonable price.  He cited $5.95 and $6.75 as                                                                    
examples.  The sponsor expects that municipalities, boroughs and                                                                
regional corporations would apply for such grants.  The funds are                                                               
available.                                                                                                                      
                                                                                                                                
Number 1870                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO closed the meeting to public testimony.                                                                         
                                                                                                                                
CHAIRMAN HALCRO announced that he does not plan to move the bill                                                                
out of committee, and asked for discussion amongst the committee                                                                
members.                                                                                                                        
                                                                                                                                
Number 1903                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN expressed that the legislation needs to                                                                  
reflect the new standard that was mentioned earlier rather than the                                                             
one that expired five years ago.                                                                                                
                                                                                                                                
CHAIRMAN HALCRO asked Representative Kemplen to consider a                                                                      
provision for a "fix-it" ticket, as discussed earlier.  He's                                                                    
concerned about the financial implications for low-income families,                                                             
especially given the 40-percent figure mentioned by Ms. Moore in                                                                
her testimony.  Someone should have the ability to show that the                                                                
problem has been fixed, similar to what is done for broken tail                                                                 
lights and burned out head lights.                                                                                              
                                                                                                                                
MR. KNIGHT pointed out that there is already such a provision in                                                                
the bill [Section 3, paragraph (1)].  It reads as follows:                                                                      
                                                                                                                                
     ... a court may waive the fine imposed under this                                                                          
     paragraph upon presentation of evidence that the violator                                                                  
     has purchased or procured a bicycle helmet and                                                                             
     demonstrates the intention of using the helmet as                                                                          
     required by law ...                                                                                                        
                                                                                                                                
                                                                                                                                
CHAIRMAN HALCRO pointed out that the language reads "may" waive.                                                                
He suggested that the sponsor look at making it more definite.                                                                  
                                                                                                                                
Number 2008                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO held the bill in committee.                                                                                     
                                                                                                                                
HB 282 - OFF-ROAD VEHICLE HELMET LAW                                                                                            
                                                                                                                                
CHAIRMAN HALCRO announced the next order of business as House Bill                                                              
282, "An Act requiring a person under 16 years of age to wear a                                                                 
helmet when operating or riding on an off-road vehicle; and                                                                     
providing for an effective date."                                                                                               
                                                                                                                                
CHAIRMAN HALCRO opened the meeting to public testimony.                                                                         
                                                                                                                                
Number 2055                                                                                                                     
                                                                                                                                
SCOTT HAMANN, Representative, Alaskan Bikers Advocating Training &                                                              
Education [ABATE], Kenai Chapter, testified via teleconference from                                                             
Kenai.  ABATE is very concerned about the safety and welfare of                                                                 
children.  However, this legislation is inherently flawed for                                                                   
several reasons.                                                                                                                
                                                                                                                                
MR. HAMANN continued.  First, mandatory use of a helmet is                                                                      
controversial.  Look at air bags.  The government has forced air                                                                
bags into cars and children are killed because of them in certain                                                               
types of crashes.  The same is true for helmets.  A helmet can add                                                              
extra stress to a victim's neck due to forces of inertia.  ABATE                                                                
believes that individuals should be able to choose what is and what                                                             
is not proper safety gear.  ABATE also believes, and will always                                                                
believe, that it is not the role of government to protect people                                                                
from themselves.                                                                                                                
                                                                                                                                
MR. HAMANN continued.  Second, the law would be virtually                                                                       
unenforceable, for law enforcement does not have the resources.                                                                 
ABATE believes that it would be a gross mismanagement of the                                                                    
people's tax dollars to have law enforcement officers running down                                                              
children for not wearing a helmet when there are far more serious                                                               
crimes going unpunished.                                                                                                        
                                                                                                                                
MR. HAMANN continued.  Third, the best way to encourage safe and                                                                
responsible behavior is to educate.  If the state was really                                                                    
serious about safety, it should be running radio and television                                                                 
advertisements on safe and responsible behavior, instead of                                                                     
focusing on legislation that turns individuals into criminals.                                                                  
Mandatory helmet laws, he said, never solve the problem(s).  Drug                                                               
laws are a prime example of that.  He said, "Educate.  Don't                                                                    
legislate."                                                                                                                     
                                                                                                                                
MR. HAMANN continued.  Finally, the cost to society is an issue                                                                 
that is so far out there because the biggest killer in the country                                                              
is heart disease brought on by obesity.  He said, "I got to tell                                                                
you.  I'm a fat man.  I like putting extra butter and sour cream on                                                             
my potato.  I really don't need government sticking their nose into                                                             
my business; telling me that I'm costing society a bunch of money."                                                             
He urged the committee members to keep the bill in committee.                                                                   
                                                                                                                                
Number 2290                                                                                                                     
                                                                                                                                
MARTHA MOORE, Trauma Registry Coordinator, Community Health &                                                                   
Emergency Medical Services, Division of Public Health, Department                                                               
of Health & Social Services, came before the committee to testify.                                                              
Research shows that the use of a helmet can reduce the risk of                                                                  
death among ATV operators by approximately 42 percent, and can                                                                  
reduce the likelihood of a head injury in a non-fatal accident by                                                               
approximately 64 percent.  The injury rate is more than double for                                                              
children compared to those over the age of 35, primarily due to                                                                 
immaturity, a lack of skills, and poor decisions.  ATVs and                                                                     
snowmobiles are heavy and fast and at times unstable, and can be                                                                
difficult for a small person to control.                                                                                        
                                                                                                                                
MS. MOORE continued.  There is a motorcycle helmet law for children                                                             
under the age of 18, which is similar to this legislation.  A total                                                             
injury prevention program includes the promotion of helmet use;                                                                 
education of safety standards; and making helmets available,                                                                    
affordable and  acceptable.                                                                                                     
                                                                                                                                
TAPE 00-19, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MS. MOORE continued.  She referred to a program in Kotzebue called                                                              
"Helmet in the Arctic;" in which, a variety of techniques to                                                                    
promote the use of helmets were used.  She cited media, education,                                                              
role modeling, discounts for helmets, and local option laws as                                                                  
examples.  At the end of the program, the use of helmets increased                                                              
20 percent among young people.                                                                                                  
                                                                                                                                
MS. MOORE continued.  In Alaska, she cited that about 50 children                                                               
a year are hospitalized because of ATV or snowmobile accidents.                                                                 
The hospital costs range around $9,000 to $10,000 per hospital                                                                  
stay, of which, about 1 out of 5 bill Medicaid or are uninsured.                                                                
                                                                                                                                
Number 0118                                                                                                                     
                                                                                                                                
MS. MOORE continued.  Because of the abundant use of off-road                                                                   
vehicles in rural areas and villages, Alaska Natives are at a                                                                   
greater risk than non-Natives for these types of injuries.  In                                                                  
1991, she cited that Alaska Native children billed Medicaid less                                                                
than 10 percent of the time, while today they bill Medicaid almost                                                              
40 percent of the time, which illustrates that this is not only a                                                               
health issue but a cost issue for the state.                                                                                    
                                                                                                                                
Number 0185                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO asked Mr. Knight whether he contacted any retailers                                                             
while researching this issue.                                                                                                   
                                                                                                                                
MR. KNIGHT replied yes.  He called around to see the average cost                                                               
for helmets.                                                                                                                    
                                                                                                                                
CHAIRMAN HALCRO asked Mr. Knight whether he asked retailers about                                                               
any type of safety training that they provide.                                                                                  
                                                                                                                                
MR. KNIGHT replied no.  He asked whether they sold helmets.  The                                                                
reply was sometimes.  In other words, sometimes they suggested to                                                               
a customer to buy a helmet and sometimes they did not.                                                                          
                                                                                                                                
CHAIRMAN HALCRO commented that his staff called various retailers                                                               
in Anchorage and they discovered one that does not allow a customer                                                             
who has bought an ATV to leave the store until the completion of a                                                              
training/safety video.                                                                                                          
                                                                                                                                
Number 0274                                                                                                                     
                                                                                                                                
MS. MOORE pointed out that, according to the Alaska Trauma                                                                      
Registry, children who are injured are between the ages of five and                                                             
eight.  She said, "Whatever happens between that retailer and by                                                                
the time snowmobiles or that ATV gets into the village and who                                                                  
actually uses it, I think, is pretty much different stories."                                                                   
                                                                                                                                
Number 0328                                                                                                                     
                                                                                                                                
DAN COFFEY, President, Alaskan Bikers Advocating Training &                                                                     
Education [ABATE], Valdez Chapter, testified via teleconference                                                                 
from Valdez.  Parents should be controlling the ATVs and 4-wheelers                                                             
that their children are riding.  He has traveled and lived in Bush                                                              
Alaska for many years.  He said, "If you can imagine living in a                                                                
village with no running water or sewer, then trying to make your                                                                
14-year-old put on a helmet to take that honey bucket to the                                                                    
lagoon, I think you're going to have problems."                                                                                 
                                                                                                                                
MR. COFFEY continued.  This legislation calls for a helmet to meet                                                              
standards of the United States Department of Transportation, which                                                              
can cost up to $100, and they don't last forever.  A family with                                                                
many children, therefore, would find it hard to meet the deadline                                                               
of July 1.  A family would also find it hard to keep up with their                                                              
children as they grow.  As indicated by ealier testimony, one size                                                              
does not fit all, and it can be more dangerous to use a helmet that                                                             
does not fit than to use no helmet at all.  Thank you.                                                                          
                                                                                                                                
Number 0439                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOOKESH asked Mr. Coffey why ATV or snowmobile                                                                   
operators are held in a different light; the state requires                                                                     
motorcycle drivers to be licensed.                                                                                              
                                                                                                                                
MR. COFFEY replied that 4-wheelers and snowmobiles can be the                                                                   
family car, especially in northern Alaska where the winters are                                                                 
extremely cold.  He said, "I know that my beaver hat is sure a lot                                                              
warmer than a helmet that was made in Southern California."                                                                     
                                                                                                                                
Number 0519                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOOKESH asked Mr. Coffey why he doesn't see a                                                                    
bicycle as any different than an ATV or snowmobile.  He is trying                                                               
to determine why he is opposed to both pieces of legislation [HB
282 and HB 283]; they deal with different types of vehicles.                                                                    
                                                                                                                                
MR. COFFEY replied that both pieces of legislation call for a                                                                   
mandatory helmet law.                                                                                                           
                                                                                                                                
Number 0562                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Mr. Coffey whether he is aware of the                                                              
fact that Nome, Bethel and the North Slope Borough have already                                                                 
passed similar ordinances requiring the use of helmets for these                                                                
types of vehicles.                                                                                                              
                                                                                                                                
MR. COFFEY replied yes.  In fact, Valdez has also passed an                                                                     
ordinance requiring the mandatory use of a helmet for ATVs.  But,                                                               
he said, if it's a local issue then it should be treated at the                                                                 
local level.                                                                                                                    
                                                                                                                                
Number 0640                                                                                                                     
                                                                                                                                
BOYD McFAIL, Legislative Affairs Coordinator, Alaskan Bikers                                                                    
Advocating Training & Education [ABATE], Anchorage Chapter,                                                                     
testified via teleconference from Anchorage.  He pointed out that                                                               
manufactures will not guarantee protection for a helmet that has                                                                
been dropped from a height of 3 feet.  In addition, the last                                                                    
DOT-approved helmet was manufacture in the U.S. in the 1970s.  They                                                             
are now all being manufactured offshore because of liability laws.                                                              
He can't see how the state can advocate that a helmet will protect                                                              
an individual when manufacturers won't even build them in the U.S.                                                              
He also can't see why the state is insisting that helmets are the                                                               
fix-all for this problem, especially since death can occur while                                                                
wearing a helmet.                                                                                                               
                                                                                                                                
MR. McFAIL continued.  ABATE is looking at establishing a training                                                              
curriculum for the use of off-road vehicles.  ABATE believes that                                                               
education and proper training will eliminate the cause of                                                                       
accidents.  He's not saying that there isn't a need for safety                                                                  
gear;  he's just saying that it's more important to prevent an                                                                  
accident rather than to prevent an injury.  It's a lot easier to                                                                
prevent an injury by preventing an accident, and the only way to                                                                
prevent an accident is to educate the person operating the vehicle.                                                             
                                                                                                                                
MR. McFAIL continued.  He believes that this will put a heavy                                                                   
burden on the outlying areas of the state where ATV and snowmobiles                                                             
are the primary modes of transportation.                                                                                        
                                                                                                                                
MR. McFAIL continued.  He's thinks that this is an issue of                                                                     
usurping a parent's role in raising their children.  Thank you.                                                                 
                                                                                                                                
Number 1160                                                                                                                     
                                                                                                                                
DEBRA M. RUSSELL, Ph.D., CRC, CBIS; and Director, Brain Injury                                                                  
Association of Alaska, testified via teleconference from Anchorage.                                                             
She will discuss brain injuries in general, for it doesn't matter                                                               
whether the injury is from a bicycle or snowmobile.  These types of                                                             
laws, she said, are not for the average person; they are for those                                                              
who make the wrong decisions, which equate to about 5 percent to 10                                                             
percent of the population.  The state and communities end up                                                                    
incurring the costs.  According to a study from 1996 to 1998, about                                                             
2,000 individuals died from brain injuries in the state.  Alaska is                                                             
the number one state, per capita, for brain injuries.  The simple                                                               
act of putting on a helmet, she said, saves a lot of lives and                                                                  
misery for everybody.                                                                                                           
                                                                                                                                
DR. RUSSELL continued.  The association, she cited, distributed                                                                 
1,200 multi-sport helmets last year in conjunction with the Alaska                                                              
State Troopers and the Alaska Native Medical Center, and that's                                                                 
still not enough.  She cited that 12 percent of those in an                                                                     
accident, no matter how strong the helmet, will die due to trauma                                                               
associated with speed and impact.  But the average person who wears                                                             
a helmet will have a better quality of life or experience no damage                                                             
at all.  It's the responsibility of the state to protect the few                                                                
children who do not have the support they need from their families.                                                             
She also believes in requiring a helmet for adults, but children                                                                
should be protected first.  It's a lifetime of misery, she said,                                                                
for the survivor and the entire family.  The average person with a                                                              
brain injury will have deficits and trauma for the rest of their                                                                
life, if they survive.  The state, however, doesn't have the                                                                    
necessary support systems for these individuals, which is why it's                                                              
all the more important for the state to look at wearing helmets as                                                              
a prevention.                                                                                                                   
                                                                                                                                
Number 1484                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO asked Dr. Russell whether there has been any                                                                    
research done on those involved in a bicycle accident who weren't                                                               
wearing a helmet but owned one.                                                                                                 
                                                                                                                                
DR. RUSSELL replied no.  She has seen, however, a child put a                                                                   
helmet on then turn the corner and take it off because it's not                                                                 
cool, which is why a law is needed.  A child will probably follow                                                               
the law.                                                                                                                        
                                                                                                                                
Number 1550                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO stated that he sees children today wearing helmets                                                              
more than ever.  It seems that the awareness level has increased,                                                               
which relates to earlier testimony indicating that public health                                                                
has changed from fighting diseases to fighting injuries.                                                                        
                                                                                                                                
DR. RUSSELL replied that the average, responsible parent provides                                                               
helmets for their children, but unfortunately there are still                                                                   
hundreds of children who die from brain injuries from not wearing                                                               
a helmet.  She works with hundreds of children who have behavioral                                                              
and educational problems as the result of brain injuries.  There is                                                             
a high rate of individuals with brain injuries in the criminal                                                                  
system.  This is a long-term problem for the state, when all an                                                                 
individual needs to do is put on a helmet.  There are a lot of                                                                  
programs that can provide a helmet.  She said, "If we save one                                                                  
child.  One child.  Can you put a price on that?  You can't."                                                                   
                                                                                                                                
Number 1751                                                                                                                     
                                                                                                                                
SHARRON LOBAUGH, Representative, Juneau Safe Kids Coalition, came                                                               
before the committee to testify.  She cited that, according to the                                                              
Fatal Accident Reporting System for 1998, of those who were killed                                                              
by incidents involving ATVs and snowmobiles in the state, 60 were                                                               
not wearing a helmet, 9 were wearing a helmet, and 8 were unknown,                                                              
for a total of 77.  She encouraged the committee members to                                                                     
consider the previous testimony in relation to education,                                                                       
especially since the long-term recovery costs, as Dr. Russell                                                                   
indicated, can equate to $100,000 to $200,000 per year in Medicaid                                                              
money.  That is, she said, the real impact of this issue, along                                                                 
with the societal costs associated with the cumulative effects of                                                               
the non-serious types of brain injuries.  It's not like curing a                                                                
broken bone.                                                                                                                    
                                                                                                                                
MS. LOBAUGH continued.  She referred to the study mentioned earlier                                                             
in Kotzebue and noted that the most effective way to encourage the                                                              
use of a helmet was to decrease the cost, which also increased the                                                              
percentage of youth riders by 50 percent for snowmobiles.  There                                                                
was no increase for ATV riders, however.  A big step in helping                                                                 
towards that, she said, would be to make the use of a helmet                                                                    
mandatory.                                                                                                                      
                                                                                                                                
Number 1974                                                                                                                     
                                                                                                                                
KEVIN HAND, Staff to House Transportation Standing Committee,                                                                   
Alaska State Legislature, came before the committee to discuss his                                                              
conversations with retailers in Anchorage.  In discussions with                                                                 
retailers who sell ATVs and snowmobiles, he said, they generally                                                                
support mandating the sale of a helmet or signing a type of waiver                                                              
with the sale of a new ATV.  They generally support such a concept                                                              
because of technological advances; in which, young people do not                                                                
have the body mass to safely operate engines of 700, 800 and 900                                                                
cc.  He said, "I'm sure if anybody has ridden a snowmobile,                                                                     
especially a larger one, and gone at a pretty good clip and tried                                                               
to turn very sharply.  If your weight isn't shifted that thing's                                                                
going to roll on you, no question about it."                                                                                    
                                                                                                                                
MR. HAND continued.  In a discussion with a Honda dealer in                                                                     
Anchorage, he indicated that a lot of parents want to buy a 300 cc                                                              
3-wheeler for their 9-year-old son.  The dealer will often ask the                                                              
parents, "Would you let your 9-year-old operate your car?"  The                                                                 
parents, of course, reply no.  The dealer then points out that                                                                  
their child would be safer driving a car with safety features than                                                              
a powerful snowmobile down a trail.  It sounds absurd to parents,                                                               
he said, but it is a truth.                                                                                                     
                                                                                                                                
MR. HAND continued.  The Honda dealer also indicated that many of                                                               
the deaths related to the use of off-road vehicles are the result                                                               
of alcohol, and some are related to a person falling off of their                                                               
vehicle into a body of water and drowning, which is a different                                                                 
twist on the statistics.  Mr. Hand also noted that the Honda dealer                                                             
supports the use of a helmet, and at one time gave a helmet away                                                                
with the purchase of an off-road vehicle, but he found that to be                                                               
economically unfeasible.                                                                                                        
                                                                                                                                
MR. HAND continued.  The dealers that he spoke with support a                                                                   
helmet law for younger riders because of recklessness and the                                                                   
inability to control such powerful machines, and for liability                                                                  
reasons.  He cited that the Polaris dealer in Anchorage mandates                                                                
that a person watch a safety video before "walking off the lot"                                                                 
with their new 4-wheeler.  He also cited that Honda of North                                                                    
America sends a safety video to the address-of-record.  The dealers                                                             
that he spoke with also support a signature with a waiver                                                                       
indicating that the person understands the risks involved.  In                                                                  
general, the dealers were in support of these concepts from a                                                                   
liability standpoint for both the manufactures and the sellers.                                                                 
                                                                                                                                
Number 2181                                                                                                                     
                                                                                                                                
MS. LOBAUGH commented that Alaska led the fight to ban 3-wheelers                                                               
about 10 years ago with the Consumer Product Safety Commission,                                                                 
primarily because of instability.  As part of that ruling, the                                                                  
commission required dealers to sell their products with safety                                                                  
information.  She also pointed out that, according to consumer                                                                  
product regulations, a dealer cannot sell a 3-wheeler to those                                                                  
under the age of 16, and that the commission conducts spot-checks                                                               
on a regular basis.  The ban, however, was recalled last year,                                                                  
which means that in the near future 3-wheelers will be sold again                                                               
in the state.  It is necessary, therefore, that dealers know of the                                                             
hazards and encourage safety.                                                                                                   
                                                                                                                                
Number 2300                                                                                                                     
                                                                                                                                
CHAIRMAN HALCRO closed the meeting to public testimony.                                                                         
                                                                                                                                
CHAIRMAN HALCRO held the bill in committee.                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, Chairman                                                                  
Halcro adjourned the House Transportation Committee meeting at 3:24                                                             
p.m.                                                                                                                            

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