Legislature(2007 - 2008)HOUSE FINANCE 519
05/05/2007 09:00 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB111 | |
| HB88 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HCR 8 | TELECONFERENCED | |
| += | HB 111 | TELECONFERENCED | |
| += | HB 88 | TELECONFERENCED | |
HOUSE BILL NO. 88
An Act relating to televisions, monitors, portable
computers, and similar devices in motor vehicles; and
providing for an effective date.
REPRESENTATIVE CARL GATTO, SPONSOR, referenced language on
Page 1, Line 11, "in full view", the major change made to
the work draft. He indicated that language was best used
for television (T.V.) monitors.
REPRESENTATIVE MAX GRUENBERG, SPONSOR, reiterated that the
\O version only made that one change.
9:43:37 AM
Representative Foster wondered if it would cover the use of
a telephone. Representative Gatto pointed out the
exclusions, sub-Section (c). Primarily, it addresses a
driver viewing, while driving.
Representative Gara agreed that it is a problem.
9:46:48 AM
Representative Kelly worried about how the legislation would
affect utility workers, working with emergency response
concerns. Representative Gruenberg replied that there is a
regulation in place, making that a violation if the person
is negligently driving. The bill clarifies that if a person
is driving and the monitor is operating and in full view, it
would be classified as negligence. The language clarifies
it for the judge, jury & law enforcement. Representative
Gatto added that the problem is the inadvertent
distractions.
9:49:33 AM
Representative Gara noted that the most important part of
the bill is that it makes it a crime to install such
devices, where someone could actually watch T.V. while
driving.
9:50:16 AM
Vice Chair Stoltze asked the range of penalties for
installation of a Class A misdemeanor.
RICK SVOBODNY, CHIEF ASSISTANT ATTORNEY GENERAL, LEGAL
SERVICES SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF
LAW, advised that the fine would be up to a year in jail and
a $10 thousand dollar fine-fee.
Vice Chair Stoltze questioned, if in a parked vehicle,
equipment installed, could a person be sentenced with to
that penalty. Representative Gruenberg responded that if
the person could prove that someone had actually disabled
it, they could be fined.
Representative Gruenberg reference language on Page 2. Vice
Chair Stoltze noted that the burden of proof of it being
altered was not necessary. Representative Gruenberg argued
it definitely is necessary. The burden of proof is always
on the prosecution.
Representative Gruenberg & Vice Chair Stoltze discussed the
installation of the equipment and the disabling of it.
Representative Gatto referenced language on Page 2, the
"disabled equipment", Article (e). Representative Gruenberg
corrected, meaning the disabling of the disable device.
Co-Chair Meyer asked why there were no fiscal notes from all
the agencies affected through the legislation. He pointed
out the note from the Department of Law. Representative
Gruenberg understood that there would be few prosecutions
resulting from passage of the bill.
Representative Gara advised that the legislation makes it a
crime to install the device & worried about including
"alter". Representative Gruenberg referenced Page 2, Line
2, "alters the equipment so that it allows the images to be
viewed by the driver". Representative Gara emphasized that
is not what the language suggests; he recommended the record
reflect the intention. Representative Gruenberg agreed.
9:56:05 AM
Representative Foster MOVED to REPORT CS HB 88 (FIN) out of
Committee with individual recommendations and the zero note.
There being NO OBJECTION, it was so ordered.
CS HB 88 (FIN) was reported out of Committee with a "no
recommendation" and with zero note #1 by the Department of
Law.
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