Legislature(1997 - 1998)
02/05/1997 02:10 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE TRANSPORTATION STANDING COMMITTEE
February 5, 1997
2:10 p.m.
MEMBERS PRESENT
Representative William K. Williams, Chairman
Representative Beverly Masek, Vice Chairman
Representative John Cowdery
Representative Bill Hudson
Representative Jerry Sanders
Representative Kim Elton
Representative Al Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
*HOUSE BILL NO. 11
"An Act relating to driver's licensing; and providing for an
effective date."
- MOVED HB 11 OUT OF COMMITTEE
(* First public hearing)
*HOUSE BILL NO. 64
"An Act naming a new maritime vessel for the Alaska Marine Highway
System; and providing for an effective date."
- MOVED HB 64 OUT OF COMMITTEE
(* First public hearing)
HOUSE BILL NO. 55
"An Act relating to the fiscal operations of the Alaska Railroad
Corporation and to land acquired by the State of Alaska under the
Alaska Railroad Transfer Act of 1982 or otherwise acquired for
railroad purposes; and providing for an effective date."
- BILL POSTPONED
PREVIOUS ACTION
BILL: HB 11
SHORT TITLE: DRIVERS LICENSE REQUIREMENTS FOR MINORS
SPONSOR(S): REPRESENTATIVE(S) GREEN
JRN-DATE JRN-DATE ACTION
01/13/97 30 (H) PREFILE RELEASED 1/3/97
01/13/97 30 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 30 (H) TRANSPORTATION, STATE AFFAIRS
02/05/97 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 64
SHORT TITLE: NEW FERRY NAMED M.V. KENNICOTT
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
JRN-DATE JRN-DATE ACTION
01/13/97 49 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 49 (H) TRANSPORTATION
01/13/97 49 (H) ZERO FISCAL NOTE (DOT)
01/13/97 49 (H) GOVERNOR'S TRANSMITTAL LETTER
02/05/97 (H) TRA AT 1:00 PM CAPITOL 17
BILL: HB 55
SHORT TITLE: ALASKA RR BUDGET AND LAND
SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE BUDGET AND AUDIT
JRN-DATE JRN-PG ACTION
01/13/97 42 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 42 (H) TRANSPORTATION, FINANCE
01/15/97 78 (H) STA REFERRAL ADDED
02/05/97 (H) TRA AT 1:00 PM CAPITOL 17
WITNESS REGISTER
REPRESENTATIVE JOE GREEN
Alaska State Legislature
Capitol Building, Room 118
Juneau, Alaska 99801
Telephone: (907) 465-4931
POSITION STATEMENT: Sponsor of HB 11
JUANITA HENSLEY, Chief
Division of Motor Vehicles
Department of Public Safety
P.O. Box 20020
Juneau, Alaska 99811-0020
Telephone: (907) 465-4361
POSITION STATEMENT: Testified on HB 11
MARK JOHNSON, Chief
Community Health and Emergency Medical Services
Division of Public Health
Department of Health and Social Services
P.O. Box 110616
Juneau, Alaska 99811-0616
Telephone: (907) 465-3027
POSITION STATEMENT: Testified in support of HB 11
JOHN GEORGE, Lobbyist
National Association of Independent Insurers
3328 Fritz Cove Road
Juneau, Alaska 99801
Telephone: (907) 789-0172
POSITION STATEMENT: Testified in support of HB 11
ACTION NARRATIVE
TAPE 97-3, SIDE A
Number 0001
CHAIRMAN BILL WILLIAMS called the House Transportation Standing
Committee meeting to order at 2:10 p.m. Members present at the
call to order were Representatives Williams, Masek, Cowdery,
Hudson, and Kookesh. Representatives Sanders and Elton joined the
committee at 2:13 p.m.
CHAIRMAN WILLIAMS announced that the agenda included HB 11
"An Act relating to driver's licensing; and providing for an
effective date." and HB 64 "An Act naming a new maritime vessel for
the Alaska Marine Highway System; and providing for an effective
date." He said the committee would have a proposed committee
substitute on Monday for HB 83 which was heard last week in
committee.
HB 11 - DRIVERS LICENSE REQUIREMENTS FOR MINORS
Number 0050
CHAIRMAN WILLIAMS said HB 11 sets up a provisional driver's license
system.
Number 0156
REPRESENTATIVE GREEN said a similar bill to HB 11 was presented
last year, went through the House and languished during the last
part of the 19th Legislature. He said he did not believe that
anything negative was heard in the Senate or the House as to the
content, but that it was one of many bills that died for lack of
time. He said HB 11 establishes a graduated licensing program, a
method that will reduce the number of teenage deaths and number of
teenage caused accidents. He said this type of licensing has been
enacted in several other states. Those states have seen a
noticeable change in the number of teenage accidents.
REPRESENTATIVE GREEN says HB 11 targets the 16 and 17-year-olds
which comprise the highest risk. He said a 16 or 17-year-old has
far better reflexes and can learn to drive a car as well as an
adult, but it appears may they lack attention in perhaps two areas;
they are driving a lethal killing machine and their lack of
attention to details while they are driving. This age group is
easily distracted by their peers. He said HB 11 will give them a
probationary period of one year to prove to society and the
Division of Motor Vehicles (DMV), that they are mature enough to
drive responsibly. He said it is no different in principle than
the program where certain school grades will allow insurance
companies to reduce the premium for a teenager. Insurance
companies feel that maintaining a `B' average or above means that
those teenagers are mature enough to realize the responsibilities
associated with driving.
REPRESENTATIVE GREEN said statistically the number of accidents
reduces after a single male driver reaches the age of 25, when he
is of "mature age." He said if he marries, then statistically he
seems to mature earlier. In essence, HB 11 says that if a young
adult at 14 or 15-years-old decides they would like to get a
driver's license they would have to apply and get a learner's
permit which comes with the restriction that they would have to be
accompanied by a licensed driver. He said, if they can show their
proficiency, at age 16 they would be granted an intermediate
license. Currently, they would be granted "full driverhood."
REPRESENTATIVE GREEN said at 16, teenagers would be granted a
provisional license with two restrictions. The first provision is
that they cannot be driving between the hours of 1:00 a.m. to 5:00
a.m. unless they are going directly to and from their place of
employment. He said Alaska has narrowed this restricted time as
compared to other states. He said this time period is the time of
greatest accidents because of the seasonal differences in Alaska.
He said the other provision is that a teenage driver would receive
points on their driving record, the same as an adult, but that if
they receive 8 points and have not made any restitution then the
license would be subject to being revoked. He said the point limit
is currently 12 for a full license. He said HB 11 creates these
restrictions for a one year period, falling between the ages 16 and
17. He said if a teenager chooses to get their license at age 17,
they would still have one year of these restrictions. He said
these provisions are going to separate teenagers who are habitual
lawbreakers, from the vast majority who drive responsibly, in order
to reduce the number of accidents.
Number 0681
REPRESENTATIVE JOHN COWDERY asked how teenagers would be rejected
for a driver's license in terms of passing or failing the test. He
asked what fees would be associated with this provisional
licensing.
Number 0722
JUANITA HENSLEY, Chief, Division of Motor Vehicles, Department of
Public Safety, said the provisional license stage requires an
instruction permit. She said the state of Alaska does not
currently require an individual instruction permit. She said at
the point that they are eligible, on their 16th birthday, they
would be issued a provisional license. They would be required, if
they did not have an instruction permit, to take the written and
behind the wheel skills test. She said DMV would then issue them
a one year restricted license, a provisional license, with the
curfew and the eight point violation free period of time. She said
after that one year, the restrictions would be lifted and the
teenager would be issued a full, unrestricted driver's license.
Number 0785
REPRESENTATIVE COWDERY asked what the cost of the fees were
associated with the various steps.
Number 0786
MS. HENSLEY said the fees would be the same as they are now. An
instruction permit is a $5 fee, a driver's license is a $15 fee
with a $15 road test fee and then once they got their unrestricted
license it would be a $10 re-issue for a duplicate fee, to get the
provisional restrictions off their license.
Number 0812
REPRESENTATIVE COWDERY referred to the fiscal note and asked about
the nature of the positions required for this program, where will
they be held and why the staff are full time as opposed to part
time.
Number 0826
MS. HENSLEY said the half time position that is listed on the DMV
fiscal note is a full time position, but only funded for a half a
year during the first year. She said HB 11 would not take effect
until January 1, 1998, so only six months of funding are needed.
She said it would be full year funding for the next year on that
position. That position is slated to be hired in the Anchorage DMV
field office since that is where the majority of the state's youth
are located. The staff would handle the reduplicating of the
license at the time they go from the provisional license to a full
license.
REPRESENTATIVE COWDERY said he questioned the fiscal note because
we now have a law where you can buy a license plate for more than
one year. He said this, in conjunction with the driver's license,
creates a fiscal note that is a little steep.
Number 0971
MS. HENSLEY said the fiscal note has $77,000 from federal grants
that will be received from the National Highway Traffic Safety
Administration. She said the actual general fund dollars being
required are $39,000 for the full year and $31,000 for the first
year to get things set up.
Number 1007
REPRESENTATIVE COWDERY expressed concern over the expenditures.
Number 1027
REPRESENTATIVE GREEN clarified that the upper part of the fiscal
note was revenue and the bottom part expenses.
MS. HENSLEY said the projected new revenues are $163,000 just from
the re-issuance fee on the driver's license.
Number 1033
REPRESENTATIVE BEVERLY MASEK asked about the age change from 19 to
22.
REPRESENTATIVE GREEN said currently the age was 19-years old, the
maturity age is believed to be 25-years old, so 22-years old was
seen as a compromise that the Senate developed last year. He
questioned what age a person should be when they accompanied a new
driver. He said his personal view is that person should be age 25
while others feel 19 is a satisfactory age.
Number 1090
REPRESENTATIVE MASEK said the age to legally drink alcohol is age
21 and said the age of 22 just seemed to stand out. She cited
examples where a teenager with a provisional license might be
driving between 1:00 a.m. and 5:00 a.m.
Number 1157
MS. HENSLEY said HB 11 only affects 16-year olds and 17-year olds.
She clarified that a person with a provisional license would not be
subject to these provisions if an adult of 22-years old or older
was in the car with them. She said Alaska tends to allow youth to
learn by trial and error. She said there are places that have
private driving education courses, but these courses are not always
affordable to everyone. She said lives have been lost due to
inexperience on the part of the driver. She said 6.2 percent of
licensed drivers are between the ages of 16 and 20 in Alaska, but
they cause or are involved in the majority of crashes.
Number 1263
REPRESENTATIVE GREEN handed out some information titled,
"Adolescent Health Research Updates," that he received yesterday.
He said the mayor's task force on youth unanimously supported HB
11. He said driver's education alone increases the number of
teenage accidents which probably due to the fact that more
teenagers get licenses as a result of driver's education.
Number 1309
REPRESENTATIVE MASEK referred to proposed bills which would move
and privatize DMV and asked how HB 11 would be affected if those
bills passed.
Number 1345
MS. HENSLEY said EO 99 would move DMV to the Department of
Administration from the Department of Public Safety and added that
this is supported by DMV. She said this would give DMV the
initiatives needed to get technologies which allow for private
contracts so that people can have the option as to whether they
want to stand in line at DMV or to go somewhere to get the test
administered.
Number 1378
REPRESENTATIVE MASEK asked how EO 99 would impact HB 11.
MS. HENSLEY said EO 99 would have no impact on HB 11. Provisional
licensing would be handled the same whether it was in-house or done
by a private contractor.
Number 1405
REPRESENTATIVE KIM ELTON asked how HB 11 affects motorcycles, snow
machines, All Terrain Vehicles (ATV) and other non-traditional
vehicles.
Number 1433
MS. HENSLEY said motorcycles are subject to the same licensing
standards as a passenger car license. She said ATVs or snow
machines are not subject to HB 11, unless they are being operated
on a road or a vehicular way. She said certain villages and
communities have city ordinances that an individual can operate
their snow machines on the roadways. She said snow machines and
ATVs are still subject to the same Title 28 laws and the rules of
the road laws as if a person were operating a vehicle. Snow
machines, three wheelers and four wheelers are not allowed to
operate on the highway system.
REPRESENTATIVE ELTON clarified that if a 16-year old or 17-year-old
wanted to operate their snow machine or ATV on a road, then they
would be subject to the provisional licensing. He said HB 11 might
work better in urban areas. He said there are many situations in
rural areas which depend on resource extraction or resource use and
HB 11 could hurt a family enterprise. He said if the father is
operating a troller out of Tenakee and radios in with a request for
three oil filters and wrenches, he then questioned whether or not
the kid would be able to deliver those things.
Number 1545
MS. HENSLEY said the teenager could probably get a waiver from
their father that they were acting in behalf of their employment.
She said an examination would have to be done to determine the
level of enforcement in the village. She said a driver's license
would be required if they are operating on a vehicular way.
Number 1579
REPRESENTATIVE ELTON cited a scenario where a teenager goes to pick
up his father from the ferry at 3:00 a.m. and clarified that the
teenager would not be able to drive if they had a provisional
license.
MS. HENSLEY said that as long as the teenager was accompanied by
someone over the age of 22 he or she could drive during that time
period. She said it is only a one year period of time.
Number 1625
REPRESENTATIVE AL KOOKESH said he was uncomfortable with setting
the age at 22 rather than 19. He said there were probably reasons
why it was set at 19 when it was put into law. He said there are
offroad system licenses which are not provisional or full licenses
and not even instructional permits. He said this should be covered
in Section 6.
Number 1692
MS. HENSLEY said there is an offroad system licenses throughout
Alaska. She said they are still subject to the motor vehicle laws.
She said this type of license specifies that this type of license
does not allow them to drive where there is a regular, maintained
road system that has access to a DMV field office. She said, under
the HB 11 provisions, an offroad systems licenses would still have
the provisional license restrictions.
Number 1749
REPRESENTATIVE KOOKESH repeated that he wanted to know the rational
for choosing age 22 over age 19. He said he is uncomfortable with
change for change sake and being so restrictive.
Number 1787
MS. HENSLEY said the previous legislation had the age of 25 on the
proposed bill, Representative Green's rational was that at age 25
you are mature enough that your insurance rates drop. She they
wanted to change the age from 19 because it was felt at that age
there was not enough maturity, especially if there were younger
teenagers in the car, to train someone to drive. She said age 22
was selected because although they agreed more maturity than 19 was
needed age 25 was too high. She said the Senate choose a number
because they felt that was the level when most people graduated
from colleges.
Number 1865
REPRESENTATIVE KOOKESH commented that although we feel at age 17 we
can give someone a driver's license, we do not feel that they can
train someone with an instructional permit.
Number 1879
REPRESENTATIVE GREEN disagreed with that opinion.
Number 1903
REPRESENTATIVE BILL HUDSON asked if the state of Alaska had
reciprocity with the states of Washington, Idaho or Oregon
concerning HB 11.
Number 1940
MS. HENSLEY said there is a whole chapter in Title 28, chapter
28.37, dealing with reciprocity in the driver's license compact
with all the states in the United States.
REPRESENTATIVE HUDSON asked if the other states provided a full
license at the age of 18.
MS. HENSLEY said the state of Washington does full licensures at
the age of 18. If the teenager has had a license for a year under
another state's licensed, then they would be issued an unrestricted
license in Alaska.
Number 1960
REPRESENTATIVE JERRY SANDERS suggested a scenario where a teenager
received their provisional license when they were age 17 and
accumulated eight points in ten months. He asked if they would
lose that license.
Number 1977
REPRESENTATIVE GREEN said the teenager could attend a training
class and receive a point reduction. He said the teenager would
get warned at four points. He said the teenager could lose their
license.
REPRESENTATIVE SANDERS continued his scenario and asked if the date
that you were issued your license and the time when you go through
the provisional period created inequalities.
Number 2025
MS. HENSLEY said it is during this one year provisional period that
16-year olds and 17-year olds are only allowed the eight points.
She said they lose their license at eight points when they are two
months short of their 18th birthday. She said they could get a re-
instated license back again at 18 because they would be at a 12
point level with the full driver's license. She said eight points
is a lot of points.
Number 2070
REPRESENTATIVE SANDERS expressed concern about the number of young
people that would be affected by these provisions.
Number 2076
MS. HENSLEY said the teenager would receive a warning at the four
point level suggesting that they take remedial action to prevent
problems further down the road. They would be offered a defensive
driving course with a two point reduction. She said if they reach
an eight point level and receive a point system suspension they
would also be told then that they can take a defensive driving
course. She says the state does not want to suspend licenses as it
costs too much.
Number 2113
CHAIRMAN WILLIAMS said it is his intention to move HB 11 today.
Number 2179
MARK JOHNSON, Chief, Community Health and Emergency Medical
Services, Division of Public Health, Department of Health and
Social Services, said community health and emergency medical
services supports HB 11. He said they see this issue as a public
health as well as a public safety issue. Injury is the number one
cause of hospitalization and death for teenagers in this state.
Motor vehicles are the number one cause of hospitalization for
teenagers and motor vehicle crashes are the number two cause of
death following suicide. He said they receive information from
every hospital in the state, plus vital statistics and said their
information is consistent with what is received on the national
level which shows that 16-year olds and 17-year olds are much
higher accident rate than the older adult population. He said he
could supply Alaskan statistics to the committee if they wished.
Number 2232
JOHN GEORGE, Lobbyist, National Association of Independent
Insurers, was next to testify. He said HB 11 will have a
significant impact on accident rates, it will show kids that
learning to drive is an important concept and if they learn to
drive under good guidance these skills will stay with them the rest
of their lives. If you learn to drive recklessly when you are 16-
years old it might take a lot of years to drive safely.
Number 2278
REPRESENTATIVE HUDSON made a motion to move HB 11 out of committee
with attached fiscal note.
Number 2283
REPRESENTATIVE ELTON objected to make a comment. He said he is
bothered by the curfew restriction and said it is making everyone
suffer because of a few bad drivers. He removed his objection.
Number 2317
Hearing no further objections, HB 11 was moved from the House
Transportation Standing Committee.
HB 64 - NEW FERRY NAMED M.V. KENNICOTT
Number 2330
REPRESENTATIVE HUDSON said HB 64 seems to be a straightforward
situation that has already been done. He said Speaker Phillips,
the president of the Senate and the Lieutenant Governor had gone
through a process and this was the name chosen. He made a motion
to move HB 64 out of committee. Hearing no objection HB 64 moved
out of the House Transportation Committee.
ADJOURNMENT
There being no further business to conduct, CHAIRMAN WILLIAMS
adjourned the meeting of the House Transportation Standing
Committee at 2:53 p.m.
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