SB 132-PROVISIONAL DRIVER'S LICENSE STICKER  9:02:32 AM CHAIR WIELECHOWSKI announced that the first bill before the committee would be SB 132, which would direct the Department of Motor Vehicles to produce a "provisional driver's sticker" for drivers between the ages of 16 and 18. SENATOR KEVIN MEYER, sponsor of SB 132, introduced the bill. He related that the bill came to his attention from Jessica Luiken, a student in Anchorage, who researched a high school project on a provisional driver's sticker. He shared his experience taking a driver's education course when he was in high school. Since those classes no longer exist, he thought the idea of a provisional sticker had a lot of merit. 9:04:53 AM BOB PAWLOWSKI, staff, Senator Kevin Meyer, explained SB 132 on behalf of the sponsor. He read from the following sponsor statement: SB 132 provides for a 'provisional driver's license sticker' for drivers between 16 and 18 years of age who are driving under the Alaska Graduated License Program. The Alaska Graduated License Program requires one to have an 'instruction permit' at least 6 months prior to testing for a driver's license. Upon receipt of the license and between the ages of 16 and 18 years old, the driver is driving under a 'provisional driver's license'. This provisional license is in effect for 6 months or longer, based on any motor vehicle violations during the provisional period. The Alaska Graduated License Program remains in effect until one's 18th birthday. Upon obtaining a provisional license, under SB 132, the driver would obtain a sticker that shows that the vehicle is being driven by a driver with a 'provisional' license. If enacted, SB 132 would add a new subsection to AS 28.15.055 (Alaska's Provisional License Law) establishing a provisional license sticker and the responsibility of the driver to display it in the car they are operating. SB 132 would continue the responsibilities of the driver and the other responsible parties established in the 2005 Provisional Driver's License Law. We all know the challenges of Alaska driving conditions. Winter cold weather, darkness, snow berms, frosted windows, and low sun level and glare all add to challenges we are all experienced with. Similarly, our extended summer light and activities bring their own risks with tiredness, crowded roads, and distractions. SB 132 simply helps experienced drivers recognize the inexperienced driver by providing for a permit for drivers 'provisionally licensed'. Recognizing inexperienced driving as a step to improving driving safety was a reason behind the Alaska Graduated License Program. By adding a "provisional sticker" to the car, other drivers can respect the inexperience the new driver has and drive appropriately. Finally, the bill provides guidance to the Department of Motor Vehicles and Department of Public Safety on issuing and enforcing the 'provisional driver's sticker'. This bill was researched and proposed by Jessica Luiken, a senior in Alaska's Home School Program. Jessica is here to share her research and reasons for proposing to our office, SB 132. CHAIR WIELECHOWSKI asked for a solution if a young driver's family has multiple cars. MR. PAWLOWSKI said that DMV is researching how best to handle that issue. WHITNEY BREWSTER, Director, Division of Motor Vehicles, Department of Administration, provided information related to SB 132. She addressed Chair Wielechowski's question. She explained that DMV has researched the use of the provisional sticker and she suggested various methods of displaying them on multiple vehicles. She noted there are 6,300 provisional licenses and it would be inexpensive to implement the program at 20 cents per sticker. She said the bill allows DMV the flexibility in offering more than one sticker. CHAIR WIELECHOWSKI asked how much it would cost the teens. MS. BREWSTER related that the sticker costs 20 cents and it would be less than $1,000 for DMV to administer the program. CHAIR WIELECHOWSKI asked if there would be a charge. MS. BREWSTER replied that DMV has the option to charge a fee, but does not intend to charge it. 9:11:35 AM CHAIR WIELECHOWSKI asked if other states have this type of sticker. MS. BREWSTER said she was aware that other states do have them. She suggested Ms. Luiken could answer that question. SENATOR KOOKESH asked how big the sticker would be. MS. BREWSTER suggested it would be small, possibly 3" by 10", and easily seen in the back window by law enforcement. She noted she would work with law enforcement to determine the size. SENATOR KOOKESH thought the sticker would be hard to see. He said he didn't understand how the sticker would make roads safer. 9:13:15 AM CHAIR WIELECHOWSKI asked Ms. Brewster if she thought the fine of $300 was appropriate. MS. BREWSTER replied that the fine for failure to follow the restrictions of a provisional license is $200 and a 2-point ticket. She opined the $300 fine was "in the same ballpark." She suggested the legislature could change that amount. SENATOR KOOKESH thought a $300 fine was excessive. He did not like the idea of taking points off for not displaying a sticker. MS. BREWSTER said she envisioned the provisional sticker being distributed by DMV when the provisional license was issued. She said fines and point restrictions were outside DMV's scope. She suggested contacting law enforcement regarding that. CHAIR WIELECHOWSKI asked if loss of points was part of the penalty for not having the sticker displayed. MS. BREWSTER did not believe so. She thought point penalties were reserved for moving violations. CHAIR WIELECHOWSKI asked if the administration supports bill. MS. BREWSTER reported that the department is neutral. 9:16:14 AM JESSICA LUIKEN, student, testified in favor of SB 132, which she authored. She began by thanking the committee for allowing her to testify on SB 132. She thanked Senator Meyer and his staff, and Representative Millett and her staff for making her project possible. She gave a brief history of the bill, which began as a Juneau Close Up project. MS. LUIKEN presented a slide show about student drivers and their habits. She discussed the causes of death among teenagers between 1999 and 2006. Out of 48 percent of unintentional injuries, 73 percent were from motor vehicle traffic accidents. She shared statistics about the high numbers of fatal crashes in Alaska for drivers 14-16, from 2004 to 2008. She reported on the ages and percentage of drivers involved in crashes between 2002 and 2011. She noted the traits of provisional license drivers that have an effect on their poor driving records. She said novice drivers are more likely to be nervous, due to the fact that they are driving by themselves for the first time, they lack experience, and many lack sound judgment. Frequent adverse weather conditions such as rain, snow, and ice are but a few examples of Alaska's diverse weather conditions, which also have an impact on youthful drivers. Alaska also has dangerous roads and wildlife to look out for. MS. LUIKEN proposed a solution of having provisional drivers display stickers in the rear window of their cars to show that a provisional driver is operating the vehicle. British Columbia, Newfoundland, Yukon, Australia, and England, as well as New Jersey, have laws that require provisional stickers. CHAIR WIELECHOWSKI asked if the red sticker in the picture indicates the provisional sticker. MS. LUIKEN said yes. Teen drivers in New Jersey are required to display a red decal on the back of their license plates. She showed pictures of various methods of displaying stickers. 9:20:18 AM MS. LUIKEN defended the provisional sticker solution for the following reasons: it will impress upon other drivers to be more cautious driving near a novice driver; it will assist law enforcement officers in implementing the law as it relates to provisional drivers. She suggested as a possible enforcement regulation, a fine of not more than $300. She gave an example of the steps to be taken after the bill is passed: the state will supply DMV with stickers to distribute to those persons who acquire a provisional license; those applying for a provisional license will pay for the sticker and place it on the rear window of the operating vehicle. She concluded that teen drivers with provisional licenses are statistically more hazardous to themselves and others and should be required to identify their status in order to reduce the number of accidents and infractions and help save lives. 9:22:07 AM SENATOR KOOKESH asked why this bill would reduce accidents and infractions in Alaska. MS. LUIKEN said the idea was to notify experienced drivers that an inexperienced driver was near. She shared her own experience as a novice driver. The sticker would also allow law enforcement officers to identify provisional licensed drivers. SENATOR KOOKESH asked if Ms. Luiken had researched accidents by provisional drivers. MS. LUIKEN said no. SENATOR KOOKESH assumed there was no evidence whether other drivers or provisional drivers caused an accident. MS. LUIKEN explained that she is not suggesting that provisional drivers caused accidents, but that they should be identified as provisional drivers in order to reduce accidents. SENATOR KOOKESH did not see the point. He requested more evidence. MS. LUIKEN reiterated that the goal of the bill is to ensure that accidents won't happen and that restrictions required of provisional drivers will be enforced. She said she has found little evidence to show the causes of accidents by provisional drivers. 9:24:44 AM SENATOR MEYER thought the bill would be very helpful in urban areas, and if other drivers know a young driver is near, they may cut them some slack. He pointed out that kids no longer receive driver's training. He related that insurance companies advocated very strongly for provisional licenses and would be supportive of SB 132. He suggested the idea must work because other states use it. He asked if there were statistics to justify its use in other states. He suggested using an 'N' for new drivers on the sticker. MS. LUIKEN spoke of New Jersey's policy which was implemented in 2010. SENATOR GIESSEL said one of the strong points of the argument is that driver education cars say "student driver" because it is important to identify beginning drivers. She noted the presence of "crazy drivers" in Anchorage. SENATOR KOOKESH maintained that the provisional license in Angoon, Alaska, is not necessary. He pointed out that rural Alaska is different and people cannot afford a $300 fine. He gave another example of Beaver, Alaska. 9:29:05 AM MS. LUIKEN clarified that the fine is only assessed if the driver does not have a sticker. DMV would provide the sticker when the driver receives the provisional license. SENATOR KOOKESH maintained his arguments. SENATOR MEYER suggested that the amount of the fine could be amended, but the bill deals with a public safety issue and he opined that the subject is important and warrants the committee's time. SENATOR KOOKESH thought the discussion was part of the committee process. He said he was opposed to unnecessary regulations. 9:32:06 AM CHAIR WIELECHOWSKI asked if there are any statistics to show that the sticker reduces accidents. MS. LUIKEN explained that she was unable to get statistics because the sticker has not been implemented in the United States, except for recently in New Jersey. CHAIR WIELECHOWSKI asked if there was any data from other countries. He asked what percentage of provisional drivers are involved in accidents. MS. LUIKEN replied that she does not have that information. 9:33:53 AM CHAIR WIELECHOWSKI asked whether the problem is young drivers or new drivers, no matter the age. MS. LUIKEN thought the situation was different for drivers over 21 because they can drink. She thought the accident rate for older new drivers would be higher than for young drivers who are required to be accompanied by an adult. CHAIR WIELECHOWSKI asked if the driving age is appropriate or if it should be raised. MS. LUIKEN thought it was appropriate. CHAIR WIELECHOWSKI asked if the $300 fine is excessive. MS. LUIKEN replied that bill says the fine is not to exceed $300, and the House State Affairs Committee amended the bill to say a "secondary stop" with a $200 fine and a 2-point reduction. CHAIR WIELECHOWSKI asked if the sticker would be required for motorcycles, snow machines, and other vehicles. MS. LUIKEN said just cars and trucks. 9:36:06 AM SENATOR GIESSEL referred to page 3 of the slide presentation with statistics of accidents by drivers who hold learners permits, ages 14 - 16. She thought that was good information. She said it is hard to demonstrate the effects of prevention. She asked Ms. Luiken if she has talked with her peers about the provisional sticker. MS. LUIKEN replied that she had not, but thought that they might not like it. She also said the original idea was geared toward drivers with a learners permit, but it seemed more beneficial for provisional drivers who are driving without an adult present. SENATOR GIESSEL asked if driver's education companies are in favor of the sticker. MS. LUIKEN offered to provide that information. SENATOR KOOKESH referred to the last sentence of paragraph (b), "a person violating this section may not be convicted . . ." and asked if Ms. Luiken envisioned the involvement of a court. MS. LUIKEN believed a court would be involved if the person was pulled over and was required to provide proof of having the sticker. SENATOR KOOKESH pointed out the cost of court expenses. CHAIR WIELECHOWSKI noted there was one "free pass"; however, on the second violation a court could be involved. MS. LUIKEN agreed. CHAIR WIELECHOWSKI read, "However, a person charged with violating this section may not be convicted if the person has not previously been arrested, charged, or cited for a violation of this section." 9:39:54 AM LIEUTENANT RODNEY DIAL, Deputy Commissioner, Division of Alaska State Troopers, Department of Public Safety, provided information related to SB 132. He said that the department was neutral on the bill. He explained that the fine is set by the Supreme Court and $300 is the maximum fine. The first offense would be a correctable citation if the individual was complying with the requirements of the bill. There is not a mandatory court appearance, but a person could contest the citation and go to court. He said the potential benefits from the bill would be to help identify vehicles operated in violation of provisional restrictions. For example, if a provisional driver was driving between the hours of 1:00 a.m. to 5:00 a.m., they would be stopped. If the bill is kept at a secondary violation, there would have to be another reason for a traffic stop, not just to check for a sticker. CHAIR WIELECHOWSKI asked Lt. Dial if he believed the bill would make Alaska's roads safer. LT. DIAL said the department had no opinion. CHAIR WIELECHOWSKI closed public testimony. 9:43:26 AM MS. LUIKEN said she believed that the cost of not passing the bill would be someone's life and the benefit of passing the bill would be saving that life. She urged passage of SB 132. [SB 132 was held in committee.]