Senator Charlie Huggins offered up an amendment to an amendment to remove the language that ABATE opposes, thanks in large part to the work and letters from Scott Hamman of Kenai ABATE.

Senator Donnie Olsen ask that the bill again be held so he can look further into the ramification of the mandatory helmet clause, would place on his constituents out in the bush where they do not have helmets readily available from purchase. This in my opinion a very good sign.

Boyd

03-19-10 I forgot to menstion in the earlier post that there was one admenment to this bill. It was amended to say Motorcycle and Motor-scooter Awareness Month. One of the legislators is a motor-scooter rider.

Bills that I worked on while in the Capital

HB 181 Mandatory Headlight Bill

SB73 Mandatory Headlight Bill

SB219 Brain Trauma Bill – This bill has six to eight words that need to be removed because it is a back door to mandatory helmet laws. Scott Hamman found this and told me about the night before I left for Juneau.

HB328 Brain Trauma Bill dropped in the house while I was there.

I also touch lightly on the cell phone bills while I was there but they do not look like they are going to make it. The above bills pose more harm to us than passage of the cell phone bills.

I arrived on Wed. Feb 10 and met with Rep. Wes Keller from Wasilla, He has introduced HB 262 “Motorcycle Awareness Month”

I also met with Rep Herron’s (JUD) staff to discuss HB 181 and told them of our concerns of the brain trauma language coming from the senate bill.

I then spent the rest of my time making appointments with Senators to work on the senate bills

Later that night I met with Dan McCrummen and Bob Heflin. Dan is the President and Bob Is the Legislative Affairs Officer of Juneau ABATE. We discussed all of the legislation that we want to work on this year. Bob will join me in my meetings Thursday afternoon.

Thursday Feb 11.

Met with Rep Ramaras (Chair- JUD) Discussed HB 181, SB 73, SB 219. He told me he does not see 181 moving this year.

Met with Rep Gruensburg (JUD) staff. Discussed HB 181, SB 73, SB 219. While I was there a Blogger came in and interviewed me. During the interview Rep Gruensburg came into the office. He talked to the staff member and came out and grabbed me. He is a co-sponsor on 181. We had a real good talk about the safety aspect of the bill. While he did not come off his support of the bill, he did insist that I testify as to our concerns of the bill if it comes up for a hearing. In fact he said he was going to call me to insure that I know when it comes up.

That afternoon Bob and I met with the following:

Senator Steddman (Co-Chair Finance) Staff

Senator Thomas (FIN) Staff

Rep. Gatto (JUD)

Senator Olsen (FIN) Staff

Rep. Dahlstrum (JUD) Staff

Friday Feb 12.

I met with Rep. Kawasaki the sponsor of HB 181 and told him of our concerns with the bill. He told me that he was still going to push it and I can respect that. I did not have any thoughts that I would be able to change his mind. It was a courtesy visit anyway.

I met with Rep. Lynn (JUD)

Met with Senator Menard for a courtesy visit as she is the sponsor of SB 73

Met with Senator McGuire’s Staff she sponsored SB 219. We had a real good chat about the language. However we could not get it changed because it is schedualed for a hearing Monday Feb 15 at 1:30pm I will be there to testify. I also found out that they plan on changing the language of the bill to mirror HB328.

Costs for the trip

Airfare            $284.95

Room             $132.16

Car                 $143.57

Total $560.68

Boyd

Here is a vidio of what I was explaining to the legisators about the Headlight bill

I believe that HB328 will be the laungage of both bills when all is said and done. Senator McGuire’s staff told me that they will be offering the lauguage of HB328 into her bill SB219. The senate bill will become SB219R. Because of this I have not included the laugage of SB219

I’ve marked through the lauguage that we object through in each bill

HOUSE BILL NO. 328

IN THE LEGISLATURE OF THE STATE OF ALASKA

TWENTY-SIXTH LEGISLATURE – SECOND SESSION

BY REPRESENTATIVES JOHNSON, Dahlstrom, Peggy Wilson, Herron, Cissna, Buch

Introduced:  2/5/10

Referred:   Health and Social Services, Finance

A BILL

FOR AN ACT ENTITLED

1     “An Act establishing a traumatic or acquired brain injury program and registry within

2      the Department of Health and Social Services; and relating to medical assistance

3     coverage for traumatic or acquired brain injury services.”

4     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

5           * Section 1. AS 18.15.360(a) is amended to read:

6                     (a)  The department is authorized to collect, analyze, and maintain databases of

7             information related to

8                              (1)  risk factors identified for conditions of public health importance;

9                              (2)  morbidity and mortality rates for conditions of public health

10           importance;

11                            (3)  community indicators relevant to conditions of public health

12           importance; [AND]

13                          (4)  longitudinal data on traumatic or acquired brain injury from

14           the registry established under AS 47.80.500(c)(1); and

Page 2

1                            (5) any other data needed to accomplish or further the mission or goals

2            of public health or provide essential public health services and functions.

3            * Sec. 2. AS 47.07.030(b) is amended to read:

4                  (b)  In addition to the mandatory services specified in (a) of this section and the

5            services provided under (d) of this section, the department may offer only the

6            following optional services: case management services for traumatic or acquired

7            brain injury; case management and nutrition services for pregnant women; personal

8            care services in a recipient’s home; emergency hospital services; long-term care

9            noninstitutional services; medical supplies and equipment; advanced nurse practitioner

10          services; clinic services; rehabilitative services for children eligible for services under

11          AS 47.07.063, substance abusers, and emotionally disturbed or chronically mentally ill

12          adults; targeted case management services; inpatient psychiatric facility services for

13          individuals age 65 or older and individuals under age 21; psychologists’ services;

14          clinical social workers’ services; midwife services; prescribed drugs; physical therapy;

15          occupational therapy; chiropractic services; low-dose mammography screening, as

16          defined in AS 21.42.375(e); hospice care; treatment of speech, hearing, and language

17          disorders; adult dental services; prosthetic devices and eyeglasses; optometrists’

18          services; intermediate care facility services, including intermediate care facility

19          services for the mentally retarded; skilled nursing facility services for individuals

20          under age 21; and reasonable transportation to and from the point of medical care.

21       * Sec. 3. AS 47.07.030 is amended by adding a new subsection to read:

22                         (e)  In this section,

23                                  (1)  “case management services for traumatic or acquired brain injury”

24        means

25                                         (A)  care and service coordination to assist individuals and

26                      families affected by traumatic or acquired brain injury to minimize the

27                     disabling effects of the injury;

28                                        (B)  collaboration with providers and other organizations to

29                    expand and strengthen the local capacity for delivery of needed services,

30                    including housing, for the care and support of a recipient who is diagnosed

31                   with traumatic or acquired brain injury;

Page 3

1                                       (C)  participation in planning and accessing services within the

2                     community for the care and support of a recipient who is diagnosed with

3                     traumatic or acquired brain injury;

4                                       (D)  the provision of information, referral, and case consultation

5                   services to a recipient who is diagnosed with traumatic or acquired brain

6                   injury;

7                           (2)  “traumatic or acquired brain injury” has the meaning given in

8                  AS 47.80.590.

9          * Sec. 4. AS 47.07 is amended by adding a new section to read:

10                         Sec. 47.07.046. Traumatic or acquired brain injury services. (a) The

11              department shall provide traumatic or acquired brain injury services under a waiver in

12              accordance with 42 U.S.C. 1396 – 1396p (Title XIX, Social Security Act), this chapter,

13              and regulations adopted under this chapter, if the department has received approval

14              from the federal government and the department has appropriations allocated for the

15              purpose. In addition to the annual assessment required in (b) of this section, the

16              department shall establish in regulation additional standards for eligibility and

17              payment for the services.

18                          (b)  Before the department may terminate payment for services provided under

19             (a) of this section, the recipient must have had an annual assessment to determine

20             whether the recipient continues to meet the standards established by regulation under

21             (a) of this section.

22                         (c)  In this section, “traumatic or acquired brain injury” has the meaning given

23             in AS 47.80.590.

24        * Sec. 5. AS 47.80 is amended by adding new sections to read:

25                                         Article 5A. Traumatic or Acquired Brain Injury.

26                           Sec. 47.80.500. Statewide traumatic or acquired brain injury program. (a)

27                  A statewide traumatic or acquired brain injury program is established in the

28                  department for the purpose of evaluating the effectiveness and availability of

29                  information and services for the prevention and treatment of traumatic or acquired

30                  brain injury in the state. The department shall consult and collaborate with state

31                  agencies, private nonprofit entities, and other organizations in the state that provide

Page 4

1                  brain injury services in implementing all aspects of the program.

2                                (b)  The program established under this section must include

3                                             (1)  review and consideration of data collected under (c)(1) of this

4                  section;

5                                            (2)  supervision and coordination of services provided to persons with

6                traumatic or acquired brain injury;

7                                             (3)  evaluation of standards and laws pertaining to the prevention of

8               traumatic or acquired brain injury and to the treatment, care, and support of persons

9               with traumatic or acquired brain injury;

10                                         (4)  assessment of the availability of acute and long-term treatment,

11            care, and support options in and outside the state for persons with traumatic or

12            acquired brain injury;

13                                        (5)  evaluation of the need for and scope of community services for

14             persons with traumatic or acquired brain injury throughout the state;

15                                       (6)  investigation of the models of service coordination that can be

16             replicated at a local level in the state;

17                                      (7)  coordination and expansion of publicly and privately funded

18            residential and nonresidential acute and long-term services to persons with traumatic

19             or acquired brain injury, including education, referral, and home and community-

20             based services;

21                                    (8)  facilitation of admissions to and discharges from acute and long-

22             term care facilities for the treatment of traumatic or acquired brain injury;

23                                    (9)  identification and description of available treatment and care

24             facilities of all types for persons with traumatic or acquired brain injury based on

25              length of stay, patient capacity, available services, and barriers encountered to

26             community placement after discharge;

27                                (10)  a plan that describes recommendations for the development of a

28             statewide service delivery continuum of comprehensive rehabilitative, supportive

29             living, and community programs.

30                    (c)  The department shall

31                               (1)  establish and implement a traumatic or acquired brain injury

Page 5

1               registry of information from service providers that includes

2                                                      (A)  health status, including age, cause, and severity of injury

3              and region of brain affected;

4                                                     (B)  acute recovery period;

5                                                    (C)  location of the

6                                                               (i)  event that caused the injury;

7                                                              (ii)  hospital treating the injury; and

8                                                              (iii)  residence of the person with traumatic or acquired

9                                       brain injury;

10                                                (D)  access to and use of rehabilitation services, including

11                           behavioral, vocational, and long-term care services;

12                                                (E)  access to and use of neuropsychological assessment;

13                                                (F)  status of long-term recovery at five-year intervals;

14                                                (G)  financial and social effects on family;

15                                                (H)  cost associated with services;

16                                       (2)  establish standards and recommendations for improvement of

17             prevention, assessment, treatment, and care of persons with traumatic or acquired

18             brain injury in the state;

19                                       (3)  contract with service providers and qualified entities to carry out

20            the purposes of this section;

21                                       (4)  provide a standardized reporting form for use in gathering data for

22            the registry.

23                          (d)  In (c) of this section, “service provider” means a public or private entity

24            that provides health education, group shelter, or criminal justice services to individuals

25            in the state.

26                   Sec. 47.80.590. Definition. In AS 47.80.500 – 47.80.590, “traumatic or

27           acquired brain injury” means an insult from physical force or internal damage to the

28           brain or its coverings, not of a degenerative or congenital nature, that produces an

29           altered mental state and that results in a decrease in cognitive, behavioral, emotional,

30           or physical functioning.

This above Highlighted laugage is what would allow them to write helmet laws if the laugage we want struck out is still in the bill when it is passed

IN THE LEGISLATURE OF THE STATE OF ALASKA

TWENTY-SIXTH LEGISLATURE – FIRST SESSION

BY REPRESENTATIVES KAWASAKI, Gruenberg

Introduced:  3/12/09

Referred:   Transportation, Judiciary

A BILL

FOR AN ACT ENTITLED

“An Act relating to the use of headlights when operating a motor vehicle.”

1.   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

2.   * Section 1. AS 28.35 is amended by adding a new section to read:

3.                   Sec. 28.35.195. Use of headlights required. A person may not operate a

4.          motor vehicle on a highway unless the headlight system required by law for that motor

5.          vehicle is illuminated.

6.           A person who violates this section is guilty of an infraction.

*
*
*
*

*

CS FOR SENATE BILL NO. 73(JUD)

IN THE LEGISLATURE OF THE STATE OF ALASKA

TWENTY-SIXTH LEGISLATURE – FIRST SESSION

BY THE SENATE JUDICIARY COMMITTEE

Offered:  3/20/09

Referred:  Finance

Sponsor(s):  SENATORS MENARD, Paskvan

A BILL

FOR AN ACT ENTITLED

1.  ”An Act relating to the use of headlights when operating a motor vehicle; and providing

2.   for an effective date.”

3.  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

4. * Section 1. AS 28.35 is amended by adding a new section to read:

5.          Sec. 28.35.195. Use of headlights required. A person may not operate a

6.       motor vehicle on a highway unless the headlight system required by law for that motor

7.       vehicle is illuminated. A person who violates this section is guilty of an infraction.

8.         * Sec. 2. This Act takes effect October 1, 2009.

We still need to work on the Senate Bill still and get it removed from it too.

Boyd

I choose to use a helmet when I ride. No matter how effective helmets may be, they don’t educated or train motorcyclists and they don’t do anything to make that rider more aware of other motorists or those motorists any more aware of the vehicles, including motorcycles, that are around them. Mrs. Peters’ attempt at amending SAFETEA-LU is an attempt at removing the ability to make the choice to use a helmet. It’s this choice that many riders are “up-in-arms” about.

MRF E-MAIL NEWS Motorcycle Riders Foundation
236 Massachusetts Ave. NE
Suite 510
Washington, DC 20002-4980
202-546-0983 (voice)
202-546-0986 (fax)
http://www.mrf.org (website)

FOR IMMEDIATE RELEASE

Contact: Jeff Hennie, MRF Vice-President of Government Relations
jeff@mrf.org (e-mail)

16 February 2008

MRF Strongly Opposes US DOT Attack on Training Funds

The Motorcycle Riders Foundation (MRF) has learned that United States Secretary of Transportation Mary Peters sent letters to Capitol Hill with draft legislation outlining her intention to raid the 2010 motorcycle training and awareness funds set aside by Congress in the last Highway Bill (PL 109-59). Peters announced on Thursday, February 14 that she would like to see the earmarked training and awareness funds made available to promote the use of helmets in individual states.

“The MRF is extremely disappointed that Mrs. Peters would choose this small, yet critical, grant program to raid. We understand her desire to encourage helmet use, but couldn’t the Secretary of Transportation find a more suitable program to fund her personal helmet hunt?” said Jeff Hennie, Vice President of Government Relations for the MRF.

The 2010 funds were a direct result of years of intense lobbying by state motorcyclists’ rights organizations (SMROs) and individual motorcyclists from across this country, and were intended for two very specific aspects of motorcycle safety – motorcycle rider education and motorist awareness of motorcycles. These two aspects of motorcycle safety have been grossly under-funded at the state level for years, often solely at the direct expense of motorcyclists themselves through licensing and registration fees.

The 2010 funding program, in its second year, is a way for the motorcyclists of this country to get a little help from the feds to save lives. The fact is that helmet use has always been a major plank in the platform at the US Department of Transportation (DOT). So why now take away funds desperately needed for other areas of motorcycle safety? The training and awareness programs in statewide operation now are in jeopardy of reduced or zero funding every year. This federal program was designed to allow a trickle of cash to the states to at least keep current programs running. Should Peters get her way, that trickle becomes nothing but a drip. In addition, the current 2010 grant program is not funding failing programs. In order to qualify for the grant, each state has to demonstrate success in its programs by reducing fatalities.

Secretary Peters narrowly skates around an existing law that bans the federal government from lobbying states to enact statewide legislation. She does this by not asking that the money be used for helmet LAW advocacy, but by asking the money be used for helmet USE advocacy.

What’s actually happened and how concerned do we need to be? You may be asking yourself that very question about now. Here is the real world scenario: Mary Peters has sent two letters to Congress – one to Speaker Pelosi and the other to Senate President Cheney. The letters include draft legislation that would amend section 2010 to allow funds to be used for the promotion of helmet use. At this point there is no actual legislation – just an idea. If and when legislation results, the MRF will be issuing a call to action strongly opposing Peters’ proposal, and will work tirelessly to convince every Senator and Member of Congress not to support this raid on the 2010 funds. At this point, however, the funds appropriated for your state are safe.