TAPE 94-2, SIDE A Number 000 CHAIR FOSTER called the meeting to order at 5:10 p.m. SJR 29 - FEDERAL MANDATE OF MOTORCYCLE HELMETS CHAIR FOSTER introduced SENATOR ROBIN TAYLOR as the sponsor of SJR 29, and acknowledged REPRESENTATIVE TOM BRICE attending as an observer. Number 014 SENATOR TAYLOR introduced SJR 29 by stating, "I introduced Senate Joint Resolution 29 at the end of March last year as a mechanism to express the indignation of the Alaska State Legislature at the Congress for its blackmail tactics in the passage of the federal mandates. SJR 29 specifically addressed what was then a proposed law mandating the passage of state laws requiring the use of motorcycle helmets. Unfortunately, since SJR 29 was introduced, the Congress has seen fit to pass that mandate and threaten the loss of federal highway funds as the penalty for noncompliance. While it may yet be necessary for this legislature to address the noncompliance issue, I still believe we should express to the Congress our displeasure at this violation of the state's regulatory authority under the Tenth Amendment, and of the threat to withhold federal funding if we do not submit to this blackmail. I have taken the liberty of having a blank committee substitute drafted for your consideration, updating the language of SJR 29 to reflect the current situation. I ask that you consider adopting this language as a Transportation Committee Substitute and pass this measure from your committee." SENATOR TAYLOR emphasized that this was a matter of freedom of choice, and that the American public was intelligent enough to make these types of decisions by themselves. Number 082 REPRESENTATIVE VEZEY asked Senator Taylor what the tenth amendment was supposed to do. SENATOR TAYLOR said it was supposed to limit the power of the federal government and reserve power to the states and the people, respectively. REPRESENTATIVE VEZEY asked Senator Taylor if, in his opinion, the tenth amendment was still in effect. SENATOR TAYLOR responded that though he'd like to believe it was, he hasn't seen it enforced for a long time. Number 109 REPRESENTATIVE HUDSON moved to adopt the House committee substitute for the committee substitute for SJR 29. There were no objections, and the CS was adopted. Number 115 REPRESENTATIVE MULDER asked Senator Taylor to clarify whether the state would be losing the 1.5%, or if the funds would just be diverted to the education program. SENATOR TAYLOR affirmed that, by his understanding, the funds would be diverted to an education fund which would be administered by the Department of Public Safety. He added that the amount of money would be significant, but the Department of Public Safety did not know how it would spend that amount of money on educational programs, and he had suggested they buy some Harley Davidsons with it. Number 130 REPRESENTATIVE VEZEY moved that the committee pass the House CS for the CS for SJR 29 out of the Transportation Committee with individual recommendations. CHAIR FOSTER asked that first, as a courtesy, the committee hear the testimony of those standing by both on teleconference and in the audience. Number 145 SCOTT HAMANN, via teleconference, identified himself as president of the Kenai branch of ABATE (Alaskan Bikers Advocating Training and Education) and state legislative liaison for ABATE of Alaska. Mr. Hamann thanked Senator Taylor for SJR 29 and expressed the belief that, over the past 200 years, our freedom has been tampered with. He added that government cannot save everyone from the possible pitfalls in life, and that Alaskans are ready, willing, and able to take responsibility for their own lives. He said 25 other states have turned down mandatory helmet laws and passed resolutions similar to SJR 29. MR. HAMANN urged that SJR 29 be passed out of committee and sent to Washington, along with S295 and HR799, which would rescind the penalties to all states and place personal freedom above all else. MR. HAMANN said the amount of money affected this year was $2.6 million, and next year's figure would be $5.2 million and, ultimately, we would never have to divert more than $5.2 million out of the Department of Transportation (DOT). Number 186 STEVE MILLER, via teleconference, echoed Mr. Hamann and stressed that we need to send the message to Washington that whether or not to wear motorcycle helmets is our personal choice. Number 208 ROBERT BURGESS, via teleconference, echoed the sentiments of Senator Taylor and urged passage of SJR 29, and stated his nonsupport of SB 110. Number 215 CHUCK MITCHELL, via teleconference, identified himself as president of the Tanana Valley chapter of ABATE, and echoed Mr. Hamann's comments, adding that in the Fairbanks area there are more than 50 active members of ABATE, along with a brother organization of Harley owners, all supportive of SJR 29. Mr. Mitchell also urged support of HB 325. Number 229 CHAIR FOSTER expressed appreciation to the Fairbanks teleconference participants and asked if there were any testifiants present who wished to express opposition to SJR 29. There were none. Number 236 JAMES MACLEAN, via teleconference, identified himself as a 48 year old, insured motorcycle driver, and echoed the sentiments of Senator Taylor, adding that he used to live in California and never wore a helmet while on either his motorcycle or his bicycle. Number 242 BERT HAROLD, via teleconference, urged passage of SJR 29 and expressed his opposition to most things which are made mandatory by government. He wondered why there aren't other laws prohibiting smoking or drinking if the government is so worried about protecting people from harm. He also wondered where all of the people were who favor mandatory helmet laws, since everyone he comes across is in opposition. Number 281 JOHN BURLISON, via teleconference, echoed the above sentiments, emphasizing the right of individual freedom in decision making. Number 287 MATTHEW ELLIS, via teleconference, echoed the above sentiments and informed the committee that he was participating in an attempt to get a rider safety course going up in the Fairbanks area, but they were running into brick walls due to lack of funding. Mr. Ellis suggested that perhaps some of the funds Senator Taylor mentioned Public Safety not being able to use could be channeled into the rider safety courses. Number 298 BRUCE OCKRASSA, via teleconference, thanked Senator Taylor for introducing SJR 29, and echoed the above sentiments. SHARON MINZLAFF, via teleconference, discussed the importance of choice, thanked Senator Taylor for introducing SJR 29, and urged its passage. Number 352 AUGGIE MINZLAFF, via teleconference, echoed the sentiments of Sharon Minzlaff, and added that helmets do not replace safe operation of motorcycles and they actually give riders a false sense of security. He would like to see money go into motorcycle driver training/safety courses. Mr. Minzlaff mentioned that he is a member of ABATE of Alaska, and that ABATE stands for Alaskan Bikers Advocating Training and Education; he is also a member of the Harley Owners group. Number 390 BOYD MCFAIL, via teleconference, identified himself as a legislative affairs officer for the Anchorage chapter of ABATE, and said that federal blackmail was taking away from the committee members' jobs as legislators. He suggested that Alaska should get together with other states and take the federal government to task. Mr. McFail urged passage of SJR 29, adding that he and members of his group would be giving the same argument if there were a federal mandate that no helmets may be worn; the issue is choice. Number 453 STEVE RASMUSSEN, from Juneau, identified himself as a member of both the Anchorage and Fairbanks Harley owners group, and the Southeast Panhandler's motorcycle club in Juneau. He stated that he was attending the meeting to vouch for his right to freedom of choice, and also for the rights of the legislature to make its laws free of blackmail. He strongly supported SJR 29 as a reflection of the desire for freedom unique to Alaska, the Last Frontier. Mr. Rasmussen added that he has gathered thousands of signatures opposing SB 110. Number 486 SCHUYLER STEVENS, Chief Engineer with the Department of Transportation and Public Facilities (DOT/PF), said that SJR 29 was a commendable effort to inform the federal government that it was infringing on the rights of the state of Alaska. The state of Alaska has twice appealed to the federal government, once by the commissioner, and once by the governor. In December, the state of Alaska got formal notice and has had sanctions imposed for the next fiscal year of approximately $2.7 million, effective October 1, 1994. If a law is not in effect by that date, the feds say Alaska will be drained of another $5.543 million, and the following year would be approximately $5.8 million. Mr. Stevens said for following years, the amount would go up 3% per year, so it does increase yearly -- over three years, it would be around $14 or $15 million dollars. MR. STEVENS noted that 28 states are having sanctions imposed, and of those 28, 25 are for lack of helmet laws, and five are for lack of seat belt and/or helmet laws. The DOT/PF believes all state legislative bodies should be encouraged to take action such as that represented by SJR 29; however, the DOT/PF does feel that the loss of the above monies over the years from federal highway capital improvement projects is very substantial. He said six or eight years down the road you could be looking at a $20 to $25 million loss to the state. Once lost, projects cannot be recovered out of the 402 money. Any monies taken from the federal aid trust fund went to the 402 projects, and they can only be used for collecting and analyzing data, conducting studies, developing technical guides, purchasing equipment for inventory monitoring and testing, providing technical highway safety training, and developing various safety programs. Mr. Stevens stressed that these monies cannot be used to dig holes, put up signs, erect guardrails; in other words, no capital improvement. He added that the states which have been sanctioned this year have been sanctioned a total of $53 million, and next year it will be roughly $107 million. Money can go out of the trust fund into 402, but it cannot come out of the 402 program and go back into the trust fund. MR. STEVENS remarked that if Commissioner Campbell needs more 402 money, the DOT/PF has said it could be available, but the Commissioner has not yet sought any. He said Commissioner Campbell and Commissioner Burton are behind SJR 29, but do feel the loss of federal monies is very substantial. Number 532 REPRESENTATIVE MULDER asked Mr. Stevens if the state was currently using the funds diverted from the 402 fund to build roads. MR. STEVENS affirmed, adding that there are monies available. He referred to section 153, "Use of Safety Belts and Motorcycle Helmets." He added that, in his personal opinion, the state should also have objected, strongly, to passage of the seat belt law. Under section 153, grants are made for training if the state has in effect a helmet law and a seat belt law. Mr. Stevens stressed the word "and" in the last sentence. Number 549 (CHAIR FOSTER noted REpresentative Mackie's arrival had been at 5:20 p.m.) Number 550 REPRESENTATIVE HUDSON asked Mr. Stevens what he thought the state could do in concert with other states which have protested the federal intrusion into their sovereignty, and he wondered if the department has made any kind of cross- state appeal for collective action against the federal government, or collective lobbying to the federal government in behalf of "getting out of our face." Number 558 MR. STEVENS responded that he was confident Commissioner Campbell had contacted what states he could on various subjects, this being one of them, and he felt very strongly about this, which was why the strong appeals went back to D.C. Mr. Stevens added that the sanction that came back was a combined notice of sanction both by the administrator of the National Highway Traffic Safety Administration and the Federal Highway Administration. There is no recourse beyond appealing to Congress, according to Mr. Stevens. He also noted that the DOT/PF had just received notice that, effective April, 1994, Illinois, Indiana, and California are supposed to lose all of their Federal Aid Highway Trust Fund dollars. Number 570 REPRESENTATIVE VEZEY asked Mr. Stevens if there were any statistics proving benefits of the Highway Safety Program implemented seven or eight years ago. MR. STEVENS indicated he did not know, but could get that information for Representative Vezey from Public Safety. Number 582 REPRESENTATIVE MULDER asked JUANITA HENSLEY if it was an ascending scale, at 3% additional each year, as Mr. Stevens had stated, or if she had some other understanding. Number 590 JUANITA HENSLEY, Department of Public Safety/Division of Motor Vehicles, responded that the figure is 1.5% for federal fiscal year 1995, which begins October 1, 1994; and if we do not have a helmet law by October 1, 1995, the figure would be 3%, and remain at 3% for respective years thereafter. Ms. Hensley added that the Department of Public Safety supports motorcycle helmets, and in fact, Senate Transportation introduced Senate Bill 110 last year on behalf of the Department of Public Safety. Number 599 REPRESENTATIVE MULDER asked Ms. Hensley if the Department of Public Safety was planning on having a safety program in place for the upcoming summer. Number 600 MS. HENSLEY responded that when the funds are transferred in, the Department of Public Safety must do a highway safety plan in which agencies can request funds through grants. These funds can be used for motorcycle safety programs, enforcement programs, or anything which involves highway safety. Ms. Hensley referred to a statute in Title 28 that allows the commissioner to adopt regulations regarding driver training programs. There are commercial driver training schools which are licensed in Alaska; such schools are controlled through Ms. Hensley's office. There are also defensive driving programs which carry over to motorcycle programs. REPRESENTATIVE MULDER asked Ms. Hensley what the average cost is to go through a motorcycle safety program. Number 618 MS. HENSLEY responded that no one has applied for a motorcycle safety program license through her office, although they do have a commercial driving school which varies from $300 to $500 for a 40 hour course of behind-the- wheel training. Number 624 MR. MCFAIL, via teleconference, informed the committee that on base there is a motorcycle safety program, run by a national motorcycle safety foundation, which costs the beginner $45 for a two-day course. TAPE 94-2, SIDE B Number 014 REPRESENTATIVE HUDSON made the comment that SJR 29 primarily speaks to powers of the state versus mandatory legislation, and asked Ms. Hensley if he was correct in assuming that the Department of Public Safety supports SJR 29. Number 019 MS. HENSLEY affirmed that the Department of Public Safety supports both SJR 29 and the motorcycle helmet bill. She added that the federal government prohibits supplanting general funds with monies transferred; general funds cannot be substituted for the safety funds. Number 036 REPRESENTATIVE DAVIS asked Ms. Hensley if the funds could be RSAed to the Department of Education for driver's education in public schools. Number 038 MS. HENSLEY responded that a grant would have to be written for it and be approved. Number 044 TERRY BRENNER, from Juneau, identified himself as a 55 year old motorcycle rider who wears a helmet 100% of the time, but it is his own choice. Mr. Brenner believes that motorcycle riders should have the choice. He stated that, in the last few years, there have been three different motorcycle safety foundation courses in Juneau. Those courses were sponsored by motorcycle riders themselves, with no federal or state help offered. The courses cost each rider $150, and they had to pay to bring instructors to Juneau from Seattle and Anchorage. The entire cost for this was borne by the riders themselves. Mr. Brenner made the point that although there will be a loss of funds, the alternative is the state of Alaska selling its rights for a couple million dollars. Mr. Brenner said he supports SJR 29. Number 095 CHUCK LANDERS, testifying from Juneau, stated that he was attending not as an assemblyman, but as a private citizen. Mr. Landers identified himself as an organ recipient who got his kidney from a deceased motorcycle rider. As an organ recipient, he thinks it's great that motorcyclists don't wear helmets since such a large percentage of donated organs come from ones who died in crashes while not wearing helmets. Mr. Landers added that as a concerned citizen, however, the supreme loss of a life from not wearing a helmet is a greater loss than not getting an organ. He said ex-motorcycle drivers are the primary donors of kidneys. Mr. Landers thought the issue was not rights, it was the safety of the entire population. MR. OCKRASSA responded via teleconference to Mr. Landers' comments by saying the issue was not safety, it was individual rights. Number 140 SENATOR TAYLOR thanked Chair Foster, members of the committee, Ms. Hensley and Mr. Stevens, and all those who testified for adding their perspectives. Number 152 REPRESENTATIVE VEZEY restated his motion to move House CS for CS for SJR 29 out of committee. Number 153 There were no objections, and CHAIR FOSTER declared SJR 29 to be moved out of committee with individual recommendations. Number 160 CHAIR FOSTER adjourned the meeting at 6:05 p.m.