HOUSE BILL NO. 212 "An Act relating to requirements for persons holding provisional drivers' licenses." 2:38:01 PM Vice-chair Fairclough MOVED to ADOPT the committee substitute for HB 212, Work Draft 27-LSO738\I as a working document. There being NO OBJECTION it was so ordered. REPRESENTATIVE CHARISSE MILLET introduced her support staff. JESSICA LUKIN, SELF, testified that the Alaska Graduated License Program was a three-step program designed to develop safe driving habits, as well as to slowly introduce young drivers to Alaskan road systems. One of the steps in the program was graduating from an instructional permit to a provisional license. Having a provisional license had the following restrictions: · Driver may not carry passengers unless one of the passengers was at least 21 years of age · Passengers under the age of 21 must be siblings · Driver may not operate vehicle between the hours of 1 AM and 5 AM unless accompanied by a person at least 21 years of age Ms. Lukin continued that although the restrictions were in place, they were generally ignored by many young drivers. She directed committee attention to her presentation titled "Novice Driver Safety: Safer Alaskan Roads for Alaskan Drivers." She testified that she had recently had the experience of participating in the Juneau Close-Up program. As homework she had been required to study state and local government, and to present an idea for legislation to a state representative or senator; the product was HB 212. Ms. Lukin cited page 2 of her presentation, which was a photograph of the car she and her family had been extracted from after being struck head-on by a teenaged driver. She shared that the accident had moved her to advocate for safer teen driving practices. She continued to page 3 titled, "Cause of death among teenagers between 1999-2006." The chart highlighted that of the 48 percent of unintentional injuries suffered by teenagers in the United States, 73 percent were motor vehicle traffic accidents. Page 4 illustrated the Alaska Statistics for Drivers 14-16 (2004-2008). She pointed out that out the numbers were highest in 2008. Page 5 cited more statistics for drivers 16-17, specifically the total drivers in fatal crashes by age in Alaska from 2002 to 2011. She noted that there was no information available of the effects of the accidents on the occupants of the other vehicles or the general public. Page 6, titled "Provisional Licensed Drivers" listed that provisional licensed drivers were hazardous due to: · Apprehension · Lack of experience · Weather conditions · No driver's education requirement · Alaska's diversity from other states 2:42:39 PM Ms. Lukin continued with page 7, titled "Solution": · A person holding a provisional driver's license shall display in the rear window of each vehicle operated by the person a sticker issued by the department that identifies that the vehicle is operated by a provisional licensee. Ms. Lukin directed the committee's attention so page 8, which contained pictures of the proposed stickers as they were used in other areas of the world. She continued to page 9, titled "Why This Solution?" · This is a simple solution to benefit Alaskan drivers · It will impress other driver's to be more cautious driving around the novice driver · It will provide other drivers the information necessary to understand the Provisional Licensee's position · This will assist law enforcement officers in implementing the law Ms. Lukin continued to page 10, titled "Enforcement": · Failure to display a sticker as required by this subsection is an infraction and may be punished by a fine of not more than $200 Ms. Lukin continued to page 11, which suggested what might occur if the bill were passed into law: · The State of Alaska will supply the Department of Motor Vehicles with stickers to distribute to those persons acquiring an Provisional License · Those acquiring a Provisional License will pay for the sticker as part of the permitting process · Sticker will be placed on the rear window of the operating vehicle. Ms. Lukin concluded with page 12, "Summary": · Teen drivers with Provisional License are statistically more hazardous to themselves and other Alaskans · Require Provisional drivers to identify their status · Reduce the number of accidents and infractions in Alaska, and help save Alaskan lives 2:45:28 PM Vice-chair Fairclough noted that tinted windows could interfere with sticker visibility. She added that page 2, lines 15-16 indicated that communities under 500 people would not need to apply, creating a new threshold under state law. She felt that a threshold already written into statute should be used. Ms. Lukin responded that the new threshold was necessary because it was assumed that smaller, less populated, rural areas would have less actual miles of drivable road. Vice-chair Fairclough requested a response from the Department of Motor Vehicles (DMV). She shared the story of the tragic death of a young woman in her community. The young woman's mother had queried whether the tragedy could have been avoided if she had been driving with a passenger. She suggested that the sticker on a vehicle could be a problem if exploited by a predator searching for easy victims. Ms. Lukin agreed that the situation had been tragic. She noted that the victim had not been underage and pointed out that any person anywhere could be stalked by a sexual predator. She shared that she had talked with the manager of the special Department of Traffic Safety in New Jersey, where the bill had been implemented, and had learned that research had shown that sexual predators were more likely to use the internet to target victims. Vice-chair Fairclough requested that the legislation be held until further research could be done. She noted that Alaska had the highest rates of domestic violence and rape in the country. She pointed out to the committee that the Covenant House was located in downtown Anchorage, and that predators walked 4th and 5th Avenues in Anchorage waiting for an opportunity to strike. She asserted that she was not trying to kill bill, but wanted more input from the community. 2:52:45 PM Vice-chair Fairclough continued her questioning. She asked about small communities that had a population of under 500 people. She understood that the communities would need to enforce the stickers if they were on the road system. Ms. Lukin replied in the affirmative. She added that she had talked to members of the Anchorage Police Department while researching weather the victims of sexual statistically knew their predators. She reported that statistically, victims of sexual assault knew their attackers prior to the assault. Vice-chair Fairclough agreed that most victims of sexual assault knew their attackers. Co-Chair Stoltze mentioned in gangs in Florida had targeted rental cars with visible stickers; out-of-state drivers did not qualify under the right-to-carry law and would therefore be unarmed. 2:55:38 PM Representative Wilson requested further risk research done. She queried whether males would be more reckless than female drivers. She wondered if there were statistics available showing that incidents of accidents involving teenaged drivers in New Jersey had lessened under the legislation. Ms. Lukin explained that the goal of the legislation was to provide new drivers a wider berth from more experienced drivers. Additionally, it would aid law enforcement in catching teenage drivers carrying too many passengers. She shared that school districts in Wasilla and Eagle River had reported problems with teens driving with too many underage passengers at lunch and after school. She noted that most accidents involving teenaged drivers occurred during after school hours. Representative Wilson expressed concern that police would be pulling over cars with many passengers, and a sticker in the window, even if it was driven by an adult. 2:58:51 PM Ms. Lukin highlighted that new subsection (c) had been added to the legislation in order to speak to Representative Wilson's concerns. She said that driving was a responsibility and that teen drivers should go through a checklist every time they got in the car; checking lights and turn signals, making sure they have their license, checking for the sticker in the back window, and all other safety precautions. Representative Wilson suggested that Ms. Lukin might understand when she was older, and a mother, that young people would not take the listed necessary precautions. She offered that Ms. Lukin would "understand when she was older." 3:00:31 PM Representative Neuman applauded the effort of the bill. He asserted that teenagers were already "cop magnets". He wondered how it could be ensured that young people were not being treated as a second class. He voiced strong support for preliminary driver's education courses. He thought that the bill infringed on the rights of teenagers and made them targets for the police. Ms. Lukin replied that creating a second class was not the intention of the legislation. She reiterated that the goal was to keep drivers on the road safe from new, inexperienced, aggressive, young drivers. She noted that the success of the program could not be measured until the program had time to take actual affect. Representative Neuman worried that the legislation would tax the already limited Alaska State Troopers, and would slow their response time. He believed that there were many public safety concerns that should be considered. 3:05:47 PM Representative Doogan spoke in favor of the legislation. He shared that between the ages of 16 and 19 he had wrecked 3 automobiles. He shared Ms. Lukin's concern about young drivers, and hoped that the discussion would be fruitful. Representative Edgmon asked if research for the legislation had revealed that law enforcement might be more accommodating to a teenager with a sticker in their window. Ms. Lukin replied in the negative. She believed that if the officer saw a sticker they might be a bit more gracious and take the status as a new driver into consideration when weighing any small infraction. Representative Edgmon asked if New Jersey had encountered savings on car insurance due to the legislation. Ms. Lunkin replied that insurance companies might be willing to give breaks to users of the program. 3:09:15 PM Representative Joule relayed that society often wanted the younger population to accept responsibility for their actions, and that the bill was offering a way to do so. He qualified that the legislation needed to be examined further. Ms. Lukin stressed that the benefit of the legislation would be that lives would be saved. She shared that she looked forward to working with the committee on drafting a comprehensive piece of legislation. Co-Chair Stoltze OPENED public testimony. WHITNEY BREWSTER, DIRECTOR, DIVISION OF MOTOR VEHICLES (via teleconference), testified that the DMV currently had approximately 6250 unexpired provisional license holders. She noted the zero fiscal note attached to the bill. She shared that the static-cling decal would cost $.25, which would cost less than $1000 to administer. She said that there were rural exemptions for vehicle registration and insurance requirements, as well as commercial driver's licenses in communities that were off the road system, and had a daily traffic volume of 499 or less. She said that the provision would protect communities that had a daily traffic volume over 500, but were still considered very rural. She noted that some rural communities did not have access to a DMV office, and would not be required to have the provisional sticker. 3:15:49 PM RODNEY DIAL, LIEUTENANT, ALASKA STATE TROOPERS, KETCHIKAN (via teleconference), testified that the department was neutral on the bill. Vice-chair Fairclough reiterated her concern that by applying the sicker, young drivers would be advertising that they were alone in their vehicles, and could be targeted by predators. Mr. Dial responded that he understood the concern, but that the department had no basis to form an opinion on the matter at this time. Vice-chair Fairclough informed the committee that some of the smaller communities in the state had very high rates of child abuse. She maintained concern for signaling that youths were driving by themselves. Mr. Dial stated that the safety of young people in Alaska's communities was the top priority for the department. He said that if the legislation were passed the department would diligently research any possible consequences. Co-Chair Stoltze asked Mr. Dial remembered the situation in Florida of gangs targeting tourists. Mr. Dial responded in the affirmative. 3:19:34 PM Vice-chair Fairclough suggested that drivers with multiple drunk driving violations could also be required to put a sticker in their window. She requested a response from the Department of Law. HB 212 was HEARD and HELD in committee for further consideration. 3:21:49 PM AT EASE 3:29:37 PM RECONVENED