The second order of business to come before the Senate Transportation Committee was SB 110 (REQUIRE USE OF MOTORCYCLE HELMETS). KEITH GERKIN, Deputy Commissioner, Department of Transportation, informed the committee that the bill was introduced because of a federal policy where a decision was made in Congress that they should encourage the mandatory use of helmets by motorcycle riders in all states. Congress has put in law a requirement that if a state fails to require motorcycle helmets, that they will divert a certain amount of federal highway dollars from the construction part of the program, which DOT/PF manages, to safety education enforcement managed by the Department of Public Safety. Mr. Gerkin said the department doesn't have any problems with the Department of Public Safety or others doing more work toward highway safety and education, however, the amount of money is about $5.25 million federal dollars each year that would diverted. He said the department's desire is that the state adopt a law in conformance with the federal requirement which would require motorcycle drivers to wear the helmets. He noted that there is a current requirement for helmets to be worn by passengers and people under the age of 18. SENATOR RANDY PHILLIPS asked what the results were when the State of Nevada challenged the federal government on the speed limits. Mr. Gerkin explained that Nevada and California lead a strong effort to do away with the 55 mph speed limit. He said Congress has changed the law to have certain speed limits raised above that. He noted that a significant portion of the Parks Highway has a higher speed limit. Mr Gerkin said there have been some states that have had funds sanctioned for failure to maintain roads. Senator Randy Phillips asked what the department's position is on changing the effective date to midnight, September 30, 1993. Mr. Gerkin said the federal law requires conformance to be prior to the next fiscal which begins on October 1. He said leaving it to the last minute may create some problems in getting projects obligated early in the year. As a practical matter, the department begins to use the money immediately, but if the law is in place and it is clear that it will happen, there probably wouldn't be a problem. He said he was handed a memorandum from the Governor's Office in Washington, D.C., where the National Highway Traffic Safety Agency has suggested that submission of a resolution or legislation by April 1, would be necessary to ensure certification by October 31. It is important that they know that the bill has been signed into law by April 1. Number 455 There being no further testimony on SB 110, Senator Randy Phillips moved to delete "July 1" and insert "September 30, 1993" on page 1, line 7. Hearing no objection, the motion carried. Senator Randy Phillips moved that CSSB 110 (TRA), be passed out of the Senate Transportation Committee with individual recommendations. Hearing no objection, the bill moved out of committee.