Legislature(2007 - 2008)CAPITOL 106
02/13/2007 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB6|| HB5 | |
| Subcommittee on Ethics: Report | |
| HB88 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 109 | TELECONFERENCED | |
| *+ | HB 6 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 88 | TELECONFERENCED | |
HB 88-TVS AND MONITORS IN MOTOR VEHICLES 9:44:01 AM CHAIR LYNN announced that the last order of business was HOUSE BILL NO. 88, "An Act relating to televisions, monitors, portable computers, and similar devices in motor vehicles; and providing for an effective date." 9:44:09 AM REPRESENTATIVE GRUENBERG introduced HB 88, as joint prime sponsor. He said it was a bill that arose out of a tragic accident in which a couple died when a car crossed over the center line and hit their car. People cannot watch digital video disks (DVDs) and television (TV) monitors while driving, and such action should be prohibited. The original bill, he said, would make it a crime to have a vehicle with a DVD screen installed and operating in view of the driver. He noted that there is a proposed committee substitute that makes some changes to the bill. 9:47:04 AM REPRESENTATIVE GRUENBERG moved to adopt the committee substitute (CS) for HB 88, Version 24-LS0312\C, Luckhaupt, 2/12/07, as a work draft. 9:47:26 AM CHAIR LYNN objected for discussion purposes. 9:47:44 AM DAVID WISER, testifying on behalf of himself, told the committee that it was his parents, Bob and Donna Wiser, that were killed in the aforementioned car crash. He continued: On October 12, 2002, my parents, Bob and Donna Wiser, were killed in a horrible and fiery car crash when they were hit head on traveling southbound on the Seward Highway. Charges of second degree murder against the other driver were levied when the Alaska State Troopers had determined through investigation that he was, in fact, driving a pick-up while watching a movie. In the subsequent trial, the driver was acquitted of all charges. This was a trial that had garnered national attention, and it was dubbed the so called, "murder trial." At the end of that trial, he was acquitted. You, as legislators, I believe, are working on the vanguard of legislation, in an area that is all but contested, and, in my belief, apolitical - that of our collective safety on the roads of the nation. Full motion video is now available in my market on hand- held phones, with screens the size of two thumbs, side by side, and video iPods are everywhere, layering the difficulty that you all now face in structuring a bill. I ask, "What societal benefit can possibly be provided by people watching full-motion video in the front of a vehicle - specifically the driver?" None, really. We all have to drive the roads of our nation together, and there doesn't appear to be any corporate opposition on placing limits on the ability of people to do what I mentioned above. The driver of the other vehicle began his defense, boldly stating through his attorney - and I paraphrase: "Yes, I installed the DVD in the front of my truck. Yes, I wired it in such a way that it could work while under motion. And guess what? There's nothing wrong with that; there's nothing specifically illegal about that. Why did I wire it that way? It was easier." Basically, he thumbed his nose at us - the family that had just seen the sad death of our folks. Your ability as legislators to prevent that type of affront to future families is what is probably most at issue here. The jury found reasonable doubt that he was watching the DVD and, therefore, caused the crash, and that is the burden of the State of Alaska to overcome in a murder trial. But I've said it before that I believe the burden as legislators is the reasonable belief that he was, or more importantly, that others do and are doing so every single day, and in reaching this conclusion about him and others, you all have the power to prevent the type of upheaval that our family suffered in the wake of an acquittal. You have, essentially, the power to set an example for the nation. 9:51:51 AM It is common sense that one should not be driving while watching motion video; but when that which is common sense not to do becomes totally common place, marketed by manufacturers, and even idealized in television programs like MTV's "Pimp My Ride," it really does fall to the nation's legislatures to influence and, when necessary, provide the mechanism by which the police, district attorney, prosecutors, and juries are able to severely punish people's actions, especially when they result in injury, serious injury, and - in our case - a horrible death. My parents were on their way to the Kenai Princess Lodge to celebrate their retirements, which were supposedly upcoming in two weeks. They never made it. They were young, 26-year residents of the state of Alaska, grandparents, law-abiding citizens, and I estimate that over 450 voters attended their trial. We as a family ask that you support a bill of whatever structure, because it's about protecting Alaskans just like my parents. 9:53:04 AM CHAIR LYNN expressed condolences on behalf of the committee and stated his hope that some legislation could prevent this from happening in the future. 9:53:57 AM MR. WISER thanked Chair Lynn. He pointed out that, unfortunately, legislation has not been able to keep up with the rapidity of technological development. 9:54:20 AM REPRESENTATIVE GRUENBERG suggested that the committee hear from a lieutenant from the Alaska State Troopers. 9:55:17 AM REPRESENTATIVE JOHANSEN noted that the officer about to testify is one of his constituents. 9:55:32 AM RODNEY DIAL, Lieutenant, Deputy Commander, A Detachment, Division of Alaska State Troopers, Department of Public Safety, testified on behalf of the department in support of HB 88. He stated, "This essentially will allow us to charge a criminal offense for violation of this, where in the past, we've just been able to charge essentially an infraction with a fine." REPRESENTATIVE GRUENBERG noted the bill would make it unlawful to watch a program or read from a visual display on a portable cellular telephone or PDA, and he asked Lieutenant Dial to explain why that is important. 9:57:11 AM LIEUTENANT DIAL responded that full-motion video would be distracting [to someone driving a vehicle], whether it is [shown on a device] permanently mounted to the vehicle or on a hand- held phone. He said the intent of expanding the language in the bill is to communicate that "watching a video while driving down the road is not acceptable in any format." CHAIR LYNN predicted that there would be some difficulties in enforcing such a law, because it would be difficult for the Alaska State Troopers to glance in another vehicle and tell that the driver is watching a video. 9:58:15 AM LIEUTENANT DIAL, in response to a request from Representative Gruenberg to address the difficulty of enforcement, offered the following list of tactics that would be used to address that issue: visual observations by police, witnesses, passengers in the vehicle; interviews; forensic examination of the equipment when feasible; seizure of equipment; and application of search warrants. 9:58:42 AM REPRESENTATIVE GRUENBERG noted that there may be an upcoming amendment addressing the issue of "provisional driver's licenses and the use of wireless phones." He asked Lieutenant Dial to tell the committee what the benefit of that amendment would be. 9:59:07 AM LIEUTENANT DIAL replied that the thought behind the amendment is that it is important to limit the distractions of young, inexperienced drivers who are operating vehicles under provisional licensing, so that they can gain experience and drive safely. One way to do that, he said, would be to prevent those individuals from operating a cellular phone while driving a vehicle. 9:59:37 AM REPRESENTATIVE JOHNSON noted that Global Positioning System (GPS) units are computers with moving video monitors that are installed in the dashboard of a vehicle. He asked how they fit in to this legislation. LIEUTENANT DIAL responded that those would be specifically exempted under both the bill and existing statute. REPRESENTATIVE GRUENBERG noted that the exemption is shown on page 2, lines 13 and 14. REPRESENTATIVE JOHNSON related that he had rented a vehicle that was equipped with a "Magellan" and a slot for a DVD mounted in the car. He indicated that he would like those issues investigated. 10:00:49 AM CHAIR LYNN suggested the committee may want to investigate what the policy of the rental car agencies in the state is. 10:01:06 AM LIEUTENANT DIAL said his research indicates that at least 38 states have or are working on passing similar legislation. He offered his understanding that many manufacturers of systems that play DVDs do not allow the DVD to be played while the vehicle is in motion. 10:01:35 AM REPRESENTATIVE GRUENBERG noted that a number of states are also going in the direction of the aforementioned amendment regarding provisional drivers. [HB 88 was heard and held.]
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