02/26/2007 01:00 PM House JUDICIARY

HB 102 - PASSING STATIONARY VEHICLES                                                                                          
                                                                                                                                
1:38:33 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE  BILL  NO. 102,  "An  Act  relating  to vacating  lanes  or                                                               
slowing down  for certain  vehicles stopped along  the side  of a                                                               
road."                                                                                                                          
                                                                                                                                
1:39:25 PM                                                                                                                    
                                                                                                                                
KAREN  LIDSTER,  Staff  to Representative  John  Coghill,  Alaska                                                               
State Legislature,  relayed on behalf of  Representative Coghill,                                                               
sponsor,  that HB  102 will  provide greater  protection for  law                                                               
enforcement and  emergency services personnel who  are performing                                                               
official  duties on  single- and  double-lane highways.   Current                                                               
law says  that on a  highway with two or  more lanes in  the same                                                               
direction  a  driver  approaching emergency  vehicles  performing                                                               
official duties  shall vacate the  lane closest to  the emergency                                                               
vehicle  or slow  to a  reasonable and  prudent speed;  this "or"                                                               
clause  has  made  the  enforcement   of  the  current  law  very                                                               
difficult, she  remarked, adding that  the sponsor is  seeking to                                                               
clarify the  law and  make it  enforceable so  as to  protect law                                                               
enforcement  and   emergency  services  personnel  who   are  out                                                               
performing duties on  the highway.  She  mentioned that committee                                                               
packets include letters of support  from the Department of Public                                                               
Safety  (DPS),  the  Public Safety  Employees  Association,  Inc.                                                               
(PSEA),  and   [the  Alaska  Association  of   Chiefs  of  Police                                                               
(AACOP)], as well as [several] zero fiscal notes.                                                                               
                                                                                                                                
CHAIR RAMRAS  mentioned that he  has seen police  officers, after                                                               
pulling someone over to the side  of the road, be passed by other                                                               
drivers driving in  the closest lane or at unsafe  speeds; HB 102                                                               
will  put  some  teeth  into  the current  law  and  provide  law                                                               
enforcement   and   emergency   services  personnel   with   more                                                               
protection.                                                                                                                     
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 102.                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG referred  to the  term "impossible"  as                                                               
used on  page 2, line  2, and  questioned whether the  meaning of                                                               
that word would be encompassed  under the term "unsafe", which is                                                               
also used on page  2, line 2.  He suggested  that that portion of                                                               
the  bill  could  simply  say  in part,  "prohibited  by  law  or                                                               
unsafe".   In response to a  question, he posited that  it is not                                                               
necessary to include the term, "impossible" in the bill.                                                                        
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  expressed  favor   with  the  bill  as                                                               
currently written.                                                                                                              
                                                                                                                                
CHAIR  RAMRAS  offered  his  belief   that  including  the  term,                                                               
"impossible"  would enhance  the  protection  afforded to  police                                                               
officers  and emergency  services  personnel, and  thus he  would                                                               
prefer to keep that term in the bill.                                                                                           
                                                                                                                                
1:44:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved to report  HB 102 out of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
notes.   There being no objection,  HB 102 was reported  from the                                                               
House Judiciary Standing Committee.