Legislature(2017 - 2018)BARNES 124
02/01/2018 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HB259 | |
| HB263 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 263 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HB 259 | TELECONFERENCED | |
HB 259-CONFINING VEHICLE LOADS
1:30:19 PM
CO-CHAIR WOOL announced that the first order of business would
be HOUSE BILL NO. 259, "An Act relating to containing or
confining loads being transported on highways."
1:30:37 PM
CO-CHAIR STUTES made a motion to adopt the proposed committee
substitute (CS) for HB 259, labeled LS0917/T, Martin, 2/1/18 as
a work draft. There being no objection, Version T was before
the committee.
1:31:29 PM
MATT GRUENING, Staff, Representative Louise Stutes, Alaska State
Legislature, on behalf of the prime sponsor of HB 259, stated
that the reason for the committee substitute (CS) for HB 259 was
due to an error that referenced a section which had been
repealed. He said this was the only change in Version T.
1:31:56 PM
MR. GRUENING, on behalf of the sponsor, Representative Louise
Stutes, presented HB 259, also known as the "unsecured load"
bill. Reading from a prepared sponsor statement, he
paraphrased, as follows [original punctuation provided]:
Whether someone overflows the bed of their truck with
rocks and gravel, plywood, scrap metal, loose debris
on their way to the dump, or simply fails to tie down
large objects in a flatbed, unsecured loads are an
undisputed hazard to other users of the roadway and
pedestrians. Improperly secured loads can cause
serious injuries, property damage, and fatalities. The
AAA Foundation for Traffic Safety concluded that from
2011-2014, road debris was a factor in more than
200,000 police-reported crashes. Those crashes
resulted in approximately 39,000 injuries and 500
deaths. Additionally, the report found that about two-
thirds of these accidents were the result of items
falling from a vehicle due to unsecured loads and
improper maintenance. In another study by the U.S
Government Accountability Office, it was found that
there were approximately 440 fatalities caused by
roadway debris in 2010; that data was gathered by the
National Highway Traffic Safety Administration.
1:32:59 PM
MR. GRUENING continued paraphrasing from the sponsor statement,
as follows [original punctuation provided]:
All 50 states have laws that require drivers to
properly secure loads in any vehicle or trailer and
impose fees that range from $10 to $5,000. In most
states, failing to properly secure a load is a traffic
violation. In Alaska, even if it results in the
serious physical injury of another, it is an
infraction punishable by a fine not to exceed $300.
However, 15 states have instituted possible criminal
penalties for failing to properly secure loads.
Last year, the State of Alaska, the Municipality of
Anchorage, and the Anchorage Assembly officially
declared June 6th as Secure Your Load Day by issuing
proclamations and resolutions recognizing the hazards
of failing to take the simple steps of securely
affixing every load.
1:33:47 PM
MR. GRUENING added that the Matanuska-Susitna Borough Assembly
also officially declared June 6th as "Secure Your Load Day." An
effort to highlight the danger of unsecured loads has been
happening nationwide, he said. Last year, all 50 states
participated in some form of "Secure Your Load Day". In
addition, Governor Walker issued a proclamation that also
recognized the state's attempt to increase awareness of the
hazards of unsecured loads.
1:34:13 PM
MR. GRUENING continued reading from the sponsor statement as
follows [original punctuation provided]:
HB 259 increases Alaska's standards for load
securement of all types of materials and requires
covering or maintaining six inches of freeboard with
loads consisting of sand, dirt, gravel, rock, or
similar materials. It also raises a violation to the
level of a Class A misdemeanor on the fourth offense
or on the first offense if it results in the injury of
another person.
The legislation will decrease roadway litter, property
damage, injuries, and fatalities on Alaska's highways.
It is a responsible measure to protect the safety of
Alaskan drivers and avoid costly repairs that result
from the actions or inactions of others.
1:34:48 PM
MR. GRUENING mentioned that Robin Abel, a national expert and
advocate on load securement, as well as the mother of a crash
caused by an unsecured load, Maria Federici, the namesake of
"Maria's Law," a Washington state law that criminalized the
failure to properly secure a load. This bill, HB 259, was
modeled closely after that bill, he said. In 2004, when Ms.
Abel's daughter, Maria, was 24 years old, she was struck by a
large piece of particle board that escaped from the back of a
trailer in front of her. She was catastrophically injured by
the board that broke nearly every bone in her face, leaving her
permanently blind. At the time Washington state laws did not
address the consequences of unsecured loads. The driver was
cited for a traffic infraction and fined, he said. He stated
that Maria's mother, Robin, has dedicated her life to changing
the law, educating the public, and doing whatever she can to
prevent this from happening to others. Thanks to her mother's
efforts, "Maria's Law" criminalized the failure to properly
secure a load in Washington state. Since then, she has been
leading education and law changing efforts throughout the
country. She helped pass a national transportation bill, the
Transportation Appropriations Bill, which was signed by
President Barack Obama, with a provision requiring the
Governmental Accountability Office to recommend federal action
after a study of state laws related to the causes of road
debris.
1:36:25 PM
MR. GRUENING added that the committee would later hear from
Kelly Roy, an Alaskan who experienced a catastrophic accident,
who is the impetus of this bill. He said that Ms. Roy's life
was forever changed. He advised that Alaska also had no
recourse for the victims of the unsecured loads, besides a fine.
1:37:11 PM
MR. GRUENING said that the property damage and personal injuries
resulting in irrevocably altered lives could be avoided through
simple steps to secure truck loads. He noted that some people
who did not wish to secure loads, including sand, gravel, and
rock expressed opposition to the bill; however, current law
requires it. He directed attention to the current statute, AS
28.35.251(a), which read as follows [original punctuation
provided]:
(a) A person may not drive a motor vehicle loaded with
sand, gravel, rock, or similar materials on a highway
unless
(1) the load is contained or confined to prevent the
load from dropping, shifting, leaking, or escaping,
except that sand or other substances may be dropped,
sprinkled, or sprayed for the purpose of cleaning or
maintaining the highway or providing traction;
1:38:28 PM
MR. GRUENING referred to AS 28.35.251(b), which read as follows
[original punctuation provided]:
(b) If a cover is used to contain or confine a load
being driven on a highway, the cover shall be securely
fastened to prevent the cover from becoming loose or
detached, or from being a hazard to other users of the
highway.
MR. GRUENING reiterated that this language is current statute;
yet some parties do not realize it.
1:38:58 PM
MR. GRUENING offered to present a section-by-section analysis of
HB 259, which read as follows [original punctuation provided]:
Section 1 on Page 1, line 3 through Page 2, line 8. AS
28.35.251(a) is amended:
Subsections (a), (a)(1)(A), (a)(1)(A)(i), and
(a)(1)(A) (ii) on Page 1, lines 4 through 12:
These subsections specify that a person may not drive
or move a motor vehicle loaded with any material on a
highway unless it is secured or situated in a way that
prevents it from escaping the vehicle or shifting to
the extent that the vehicle's maneuverability or
stability is adversely affected.
MR. GRUENING reiterated that the requirement for securing loads
is in existing law; however, the Legislative Legal and Research
Services attorney added "move" [a motor vehicle] to clarify that
term includes "towing" a load - for example, with a trailer.
Further, "any material" was changed from "dirt, rock, sand, and
gravel, and similar materials" to include "large objects" that
might fall from a truck, he said. Language was also added to
add, "maneuverability or stability" of the vehicle. The current
statute only stated "shifted" and the sponsor wanted to specify
that the vehicle's maneuverability or stability was affected.
1:40:27 PM
MR. GRUENING continued with the section-by-section analysis of
HB 259, which read as follows [original punctuation provided]:
Subsection (a)(B) on Page 1, line 13 through Page 2,
line 4:
This subsection is an exemption that specifies that a
person may drive or move a motor vehicle loaded with
any material without the securement requirements
listed in (a), (a)(1)(A), (a)(1)(A)(i), and
(a)(1)(A)(ii) if the load is treated by methods
approved through regulation by the Department of
Public Safety that are designed to settle the load or
remove loose material before it is driven on a
highway.
1:41:02 PM
MR. GRUENING explained that the Department of Public Safety
(DPS) does not yet have specific regulations, although it is
current law; still, this language would allow them to do so. He
continued the section-by-section analysis of HB 259, which read
as follows [original punctuation provided]:
Subsection (a)(2) on Page 2, lines 5 through 8:
This subsection is an exemption that specifies that a
person may drive or move loads consisting of sand,
gravel, dirt, rock, or similar materials without the
securement requirements listed in (a), (a)(1)(A),
(a)(1)(A)(i), and (a)(1)(A) (ii) if at least 6 inches
of freeboard is maintained around the perimeter of a
load or a cover is used and securely fastened.
Section 2 on Page 2, lines 9 through 30. AS 28.35.251
is amended to add new subsections:
MR. GRUENING continued with the section-by-section analysis of
HB 259, which read as follows [original punctuation provided]:
Subsection (c)(1) on Page 2, lines 10 through 13:
This subsection is an exemption that specifies that
the provisions of this act do not apply to a vehicle
that deposits sand, liquids, or other materials for
the purpose of cleaning, maintaining, or improving
traction on the highway.
1:41:30 PM
MR. GRUENING continued with the section-by-section analysis of
HB 259, which read as follows [original punctuation provided]:
Subsection (c)(2) on Page 2, lines 14 through 15:
This subsection is an exemption that specifies that
the provisions of this act do not apply to the natural
accumulation of snow, ice, mud, dirt, or similar
materials.
Subsections (d)(1)(A) and (B) on Page 2, lines 17
through 21:
These subsections specify that a person who violates
(a) is guilty of a Class A misdemeanor on the fourth
offense or on the first offense if it results in the
physical injury of another.
Subsection (d)(2) on Page 2, lines 22 through 24:
This subsection specifies that a person who violates
(a) of this section is guilty of a Class B misdemeanor
on the third offense.
Subsection (d)(3)(A) on Page 2, lines 25 through 28:
This subsection specifies that a person who violates
(a) of this section is guilty of an infraction on the
second offense. This is punishable by a fine of not
more $600.
Subsection (d)(3)(B) on Page 2, lines 29 and 30:
This subsection specifies that a person who violates
(a) of this section is guilty of an infraction on the
first offense. This is punishable by a fine of not
more $300. This amount is consistent with the current
fine.
MR. GRUENING said that the penalty provisions are derived from
the Washington state law previously mentioned and other laws the
sponsor reviewed. He referred to a Legislative Research
Services, [Legislative Affairs Agency] report that provides a
comparison of the criminal penalties adopted by 15 states
related to unsecured loads.
1:43:43 PM
REPRESENTATIVE SULLIVAN-LEONARD, referring to the penalty
provisions, asked whether it is possible to quantify the
penalties to the injuries and interpret between serious and
minor injuries.
MR. GRUENING responded that currently, in Alaska Statute (AS)
11.81.900(46) "physical injury" means, "a physical pain or an
impairment of physical condition;" however, after speaking with
the Legislative Legal and Research Services attorney yesterday,
the committee may wish to consider another definition. He said
"serious physical injury" is a definition currently defined in
AS 11.81.900(57), which read as follows [original punctuation
provided]:
(57)"serious physical injury" means
(A) physical injury caused by an act performed
under circumstances that create a substantial risk of
death; or
(B) physical injury that causes serious and
protracted disfigurement, protracted impairment of
health, protracted loss or impairment of the function
of a body member or organ, or that unlawfully
terminates a pregnancy;
1:45:54 PM
REPRESENTATIVE SULLIVAN-LEONARD asked whether any data has been
compiled by the Alaska DPS, noting the committee packet contains
national data.
MR. GRUENING answered yes; that the Alaska Department of
Transportation & Public Facilities (DOT&PF) has compiled
information related to crashes, but the information does not
provide details of all incidents reported. Referring to a
document not in members' packets, he reported that from 2003 to
2013, 189 crashes [in Alaska] resulted from load shifts. The
report does not distinguish between "load shifts" in the vehicle
that caused the accident and one in which the object directly
flew from a vehicle and hitting another vehicle. The bill
covers both incidences with the definition of "shifting." He
reported statistics, detailing the number of crashes in Alaska
by city or borough, as follows:
Number of crashes from 2003 to 2013 resulting from "load shifts"
Municipality of Anchorage (MOA) - 62
Denali Borough (DB) - 1
Fairbank North Star Borough (FNSB) - 20
Juneau City and Borough (CBJ) - 3
Kenai Peninsula Borough (KPB) - 24
Ketchikan Gateway Borough (KGB) - 3
Kodiak Island Borough (KIB) -2
Matanuska-Susitna Borough (MAT-SU)- 34
North Slope Borough (NSB) - 1
Sitka City and Borough (SCB)-1
Municipality and Borough of Skagway -1
Unorganized Boroughs - 1
Non-borough areas -13
MR. GRUENING further reported that these load shifts resulted in
three fatalities, 17 incapacitations, 6 possible injuries, and
136 with no reported injuries, with one non-reported and three
with an unknown notation. He stated that out of the causes of
crashes due to unsecured loads, Alaska ranks 35th out of 68. He
acknowledged that this list is not a real accurate reflection of
the number of crashes due to "load shifts" that resulted in
injuries and deaths. In response to Representative Claman, he
said the information related to fatal and non-incapacitating
injuries. He offered to check with the DOT&PF for further
clarification of the data.
1:49:33 PM
CO-CHAIR WOOL asked whether crashes due to unsecured loads would
be considered a violation or an accident.
MR. GRUENING answered that if the load shift adversely affected
the maneuverability or vehicle stability of and caused the
crash, it would be included in the statistic. This data
pertained to items leaving the vehicle or moving. For example,
the data included instances in which the police reported the
primary cause of a crash was due to an unsecured propane tank
that rolled in the truck bed and the driver could not control
the vehicle. The National Highway Transportation Safety
Administration provides more extensive research and reporting
than the state's data. He offered to research and provide
additional data, if available.
1:50:55 PM
REPRESENTATIVE DRUMMOND related her understanding that the class
A misdemeanor language applied not only to unsecured loads of
loose items such as a propane tank but also to loose rock,
gravel or sand that leaves the unsecured load and results in the
physical injury of another. She further asked whether the
penalty provisions also apply to property injury such as the
unsecured load results in a cracked windshield, without any
physical injury.
MR. GRUENING answered yes; it would fall under the penalty
provisions as a Class A misdemeanor if was fourth offense; a
Class B misdemeanor for the third offense; and an infraction on
the second offense. He added that the penalties are on a
sliding scale, that the penalty would be a fine of not more than
$300 for first-time offenders - which is the fine in current
statute - and a fine of not more $600 for the second offense.
He reiterated that the penalties increase for repeat offenders.
1:52:10 PM
REPRESENTATIVE DRUMMOND related her understanding that the
offense goes from a violation to a misdemeanor for subsequent
violations, for property damage, but not necessarily causing a
crash or physical injury to a person.
MR. GRUENING answered yes, for repeat offenders.
1:52:32 PM
REPRESENTATIVE CLAMAN asked whether there is a "mental state"
required in misdemeanor cases [crashes caused by unsecured
loads].
MR. GRUENING answered that it was not written into the bill.
1:52:56 PM
REPRESENTATIVE CLAMAN was interested in whether this was being
treated as a strict liability offense, without a "mental state"
requirement, or if there is a "mental state" requirement.
MR. GRUENING was unsure but offered to provide the information
to the committee.
1:53:16 PM
REPRESENTATIVE KOPP asked for examples in current law that
relate to driving behavior that results in injury or risk of
injury. He further asked for clarification on the intent of the
bill. He noted that existing law provides definitions for
reckless driving, negligent driving, and reckless endangerment
and asked for clarification on whether drivers with unsecured
loans would be covered under these definitions or other
definitions. In current law "reckless driving," when a person
operates a motor vehicle in a manner that creates as substantial
and unjustifiable risk of harm to a person or property, is a
Class A misdemeanor. Although this offense does not require
actual injury, an injury could provide proof of the offense, he
said. "Negligent driving" was a lesser offense, in which an
unjustifiable risk was created by the driver's actions, he said.
"Reckless endangerment" pertains to all behavior in which a
person creates a substantial and unjustifiable risk of harm to
another person or property.
REPRESENTATIVE KOPP suggested other standards could be brought
in that could apply to risk of harm, not just injury. He
related a scenario from his own experiences as a motorcycle
driver, such that he has had rocks from [unsecured loads] fly
out of the back of trucks and hit his hands, noting that vehicle
windshields stop some debris that would hit motorcyclists or
pedestrians. He pointed out that Representative Claman also
queried whether the mental state applied to drivers with
unsecured loads. He suggested that [the sponsor] was on the
right track in trying to protect people [from injuries or death
from unsecured loads], but he was uncertain how to best do so.
He referred to [page 2], line 17 of the proposed committee
substitute (CS) for HB 259, Version T, which read, "(1) is
guilty of a class A misdemeanor and is punishable as provided in
AS 12.55 if the ...." He suggested adding language, "if the
person who drives a motor vehicle in a matter has created a
substantial and unjustifiable risk of harm to a person or to
property and actually results in physical injury." This would
be consistent with how reckless driving is defined and would be
in a DOT&PF section of law. The bill addresses driving offenses
and the more homogenous the standards for Class A misdemeanors
would also provide continuity within the law.
1:58:20 PM
CO-CHAIR WOOL also expressed some concern about the threshold of
physical injury, which could be as low as physical pain, for
example, pain that would result from pebbles in vehicles
striking motorcycle drivers or pedestrians, with some pain being
relatively minor.
MR. GRUENING related his understanding that the previous
speakers would like the offenses in the bill to be consistent
with other driving offenses with a risk of injury and the actual
injury. He stated he gleaned that was what the Chair also
mentioned, which is why the committee may wish to consider the
alternate definition of "serious physical injury." This might
tie into whether a person has a culpable mental state, he said,
noting he shared similar concerns.
[Audio difficulties].
1:59:59 PM
REPRESENTATIVE CLAMAN said that sometimes it gets complicated
because the question of mental state relates to circumstances.
He offered an example for reckless driving, which is typically
for a driver driving at a speed of 80 miles per hour in 40
miles-per-hour zone, swerving back and forth. He offered his
belief that it is arguable that the bill addresses the
circumstances in which the driver is operating a tractor trailer
vehicle with an unsecured load. He related a scenario in which
a driver was driving at the speed limit, absent any erratic
behavior. He asked whether simply loading the truck represented
conduct or if it represents a set of circumstances. He asked
whether a driver who realizes that his/her truck's load is
unsecured, has created a mental state, even if his/her exhibited
driving is fine. He acknowledged that mental state can create
complicated questions.
2:01:36 PM
REPRESENTATIVE DRUMMOND suggested that if the committee is
interested in changing the behavior of drivers with loads, which
she supported, that it may prevent injuries if a police officer
stopped someone with an unsecured load and issued a misdemeanor
citation. She supported the idea of changing driver's behavior
to avoid multiple offenses and injuries.
MR. GRUENING acknowledged the prime sponsor's goal is to change
driver behavior [with respect to unsecured loads].
2:03:00 PM
CO-CHAIR WOOL suggested that the increased penalties for
multiple offenses speaks to that point; however, he expressed
concern that a driver with no prior offenses, who drives with an
unsecured load that results in physical harm could immediately
be charged with a misdemeanor, even if it was unintended harm.
2:03:35 PM
REPRESENTATIVE KOPP agreed. He liked the progressive penalties;
however, he expressed concern for the strict liability of a
Class A misdemeanor of drivers with unsecured loads that results
in physical injury, which he said is a fairly-low standard. He
could envision instances in which an operator made a real
attempt to secure the load, but may have hit a big pothole,
something shifted, and someone [was injured by flying debris].
This is different than an instance in which a driver operated a
vehicle in a manner that created a substantial and unjustifiable
risk of harm to a person or property that resulted in injury.
The pertinent language difference is that the driver created a
"substantial and unjustifiable" risk when the driver either did
not secure the load or did so haphazardly. He did not think the
driver who unintentionally harmed someone and who had made the
effort to adequately secure the load, should face a Class A
misdemeanor for a minor injury.
2:05:14 PM
MR. GRUENING said he agreed with many of Representative Kopp's
concerns; pointing out that HB 259 has a Judiciary Committee
referral next.
2:05:39 PM
MR. GRUENING returned briefly to the penalty provisions, stating
a third offense would be a Class A misdemeanor. He stated that
he could provide the language of specific statutes that define
Class A and Class B misdemeanors, including the fines and
imprisonment, if so desired. He continued with the section-by-
section analysis of HB 259, which read as follows [original
punctuation provided]:
Subsection (d)(3)(A) on Page 2, lines 25 through 28:
This subsection specifies that a person who violates
(a) of this section is guilty of an infraction on the
second offense. This is punishable by a fine of not
more $600.
Subsection (d)(3)(B) on Page 2, lines 29 and 30:
This subsection specifies that a person who violates
(a) of this section is guilty of an infraction on the
first offense. This is punishable by a fine of not
more $300. This amount is consistent with the current
fine.
2:06:24 PM
MR. GRUENING continued with the section-by-section analysis of
HB 259, paraphrasing Sections 3 and 4, which read as follows
[original punctuation provided]:
Section 3 on Page 2, line 31 through Page 3, line 1.
AS 28.35.253 is amended by adding a new subsection:
Specifies that a violation of this section is an
infraction. It is an infraction currently and this
section is a conforming amendment to reflect the
repeal of AS 28.35.251(b) and 28.35.255 in Section 4.
AS 28.35.255 housed the penalty for both statutes and
the bill changes it so that the penalties are within
the individual statutes. There is no substantive
change.
Section 4 on Page 3, line 2:
Repeals AS 28.35.251(b) and 28.35.255.
2:07:25 PM
CO-CHAIR WOOL opened public testimony on HB 259.
2:07:31 PM
ROBIN ABEL stated that this bill is all about changing behavior.
She said that she strives to elicit compassion because that is
what it takes to change behavior. She offered to describe what
happened to her daughter, Maria, when debris flew off an
unsecured load, her efforts in the last 14 years to change laws,
and to provide reasons why this bill is important.
MS. ABEL described what happened to her daughter, Maria. On
February 22, 2004, Harborview Hospital called to advise her that
her daughter was in critical condition and she needed to come as
quickly as possible. Her daughter was 25, had graduated from
college, and had moved out the prior year. She threw on her
clothes and headed to the hospital. She passed her daughter's
crashed jeep. At the hospital, doctors said they would not be
able to save her; that she was bleeding from the center of her
brain, and then she realized that the doctors wanted her consent
to donate Maria's organs. She was driving home from her
restaurant job, when an entertainment center fell off a vehicle
and a 40-pound board went into through her daughter's
windshield. She said they estimated the impact was about 2,000
pounds.
2:12:40 PM
MS. ABEL said that in the morning, doctors discovered she was
improving and they did everything to save her life. They told
her she would not see, hear, or likely ever speak, that she had
severe brain damage. They recreated a new face from her
eyebrows to her upper palate with mesh wire, titanium, and some
of her own bone from her hip.
MS. ABEL said her daughter's life will never be the same. She
can talk, walk, and dance; however, she is blind. She said
within a few days the medical expenses were over a million
dollars. She said the [King County] prosecutor, [Norm Maleng]
met her daughter at the hospital. He told Maria's mother that
what happened in the crash, with the unsecured load, was not a
crime; instead the driver received a citation for littering,
which is an infraction. With the prosecutor's help, she was
able to have legislation passed by the Washington State
Legislature [known as "Maria's law"]. She emphasized that she
was very vocal about what happened to her daughter and her
testimony affected people because they realized it could have
been their daughter. Maria's life changed in an instant and it
was not due to anything she had done, she said.
2:15:07 PM
MS. ABEL described aspects of the Washington State law, such
that if someone is substantially injured, the driver [of an
unsecured load] is subject to one year in jail and a $5,000
fine. If property is damaged [from an unsecured load], the
driver can receive $1,000 fine and 90 days in jail.
2:16:17 PM
MS. ABEL recapped some of her accomplishments, that with the
prosecutor's encouragement, she worked to educate the public and
change two Washington state laws and two national transportation
laws; one including funding a governmental study on the [hazards
and incidence] of unsecured loads. In 2012, the U.S. government
acknowledged that unsecured loads constituted a serious hazard,
providing funding for states. The State of Washington changed
its driver's guide on securing loads and a revised version was
sent to the American Automobile Motor Vehicle Association
(AAMVA), an organization whose mission is to serve motor vehicle
and law enforcement agencies to accomplish their missions. The
AAMVA approved the manual for all noncommercial drivers, and it
was distributed last summer to all states, she said. Further,
during a three-day international road check - including Canada -
unsecured loads was the second-highest noncompliance violation,
even though advanced advertising for secure load check occurred.
She emphasized the importance of educating people about the
dangers of unsecured loads. She acknowledged that drivers do
not intentionally put people at risk, nor realized what will
happen if they slam on their brakes or swerve and debris hitting
other vehicles. She said, "If I could leave you with one thing
it would be to say, 'secure your load as if everyone you love is
driving in the car behind you.'" She reported that as a nation,
$11.5 billion is spent per year on litter programs, which could
be better spent on road maintenance. Some groups believe 20 to
40 percent or more of the litter comes from unsecured loads.
2:19:00 PM
MS. ABEL directed attention to her website
[https://www.secureyourload.com]. She reported that Alaska
Governor Bill Walker signed a proclamation last year designating
June 6th as "Secure Your Load Day." She further reported that
47 states and the Virgin Islands participated in that effort
last year, urging members to inform their constituents about it.
She thanked and commended Kelly Roy, who is in the audience
today; someone who stood out to her among the many people she
speaks with nationwide.
2:20:32 PM
The committee took an at-ease from 2:20 p.m. to 2:23 p.m.
2:23:00 PM
KELLY ROY described a crash she had when debris from a truck
with an unsecured load hit her car and left her with devasting
injuries. She stated that about three years ago while driving
to work, an unsecured load from a truck ahead of her came loose
dispersing debris, including an unsecured trash can. She awoke
in an emergency room, with police asking her questions. She
learned her car had rolled four times; that the fire department
cut her from the vehicle. She suffered broken bones, bruises,
and a blow to her skull. She also suffered from bleeding inside
and outside of her brain, which typically has a survival rate of
30 percent. She could not adequately explain how a brain injury
feels, but she described that she was unable to walk across the
room, hold a fork, or tell her father she was going to be okay,
because her speech was impaired. She told members she is still
in [physical and speech] therapy to regain her normal functions.
She said this was because someone could not "secure their
stuff." She told members that the driver never stopped, and it
made her feel like she was as unimportant as the trash the
driver did not tie down. She advised members that she tried to
get financial assistance to cover expenses, but she was
ineligible for crime victim compensation, because the unsecured
load that hit her car was considered a littering fine and not a
crime.
MS. ROY stated that is why she was testifying today. She said
that when drivers do not secure their loads, people pay with
their lives; that her life has changed. She felt that she has
paid for something that was totally avoidable. She offered her
belief that HB 259 will educate and remind every person how
dangerous an unsecured load is to others on the roadway. This
bill will protect all Alaskans from negligent drivers and will
hold them accountable for their actions. She asked members to
help her change the law that did not protect her. She thanked
members for listening.
2:28:01 PM
REPRESENTATIVE SULLIVAN-LEONARD thanked her for her courage. She
asked whether the driver responsible for her injuries was ever
found.
MS. ROY answered no.
2:28:33 PM
REPRESENTATIVE DRUMMOND asked when this occurred.
MS. ROY responded that the date of her crash was February 16,
2015.
REPRESENTATIVE DRUMMOND commented that Ms. Roy seems to be doing
well. She pledged to do what she could to help, stating she is
a "yes" vote [for HB 259].
2:29:02 PM
REPRESENTATIVE CLAMAN thanked Ms. Roy for sharing her story. He
reiterated the discussion the committee had regarding the how to
create criminal penalties that will withstand court challenges,
including how to consider the mental state issues. He
characterized the issue of unsecured loads as an important one.
He thanked her for the courage to testify today, acknowledging
the long path to her recovery.
2:29:23 PM
REPRESENTATIVE KOPP echoed the comments, thanking Ms. Roy for
her testimony. He asked whether she ever spoke to the Violent
Crimes Compensation Board.
MS. ROY answered no, she had not.
REPRESENTATIVE KOPP said he firmly believed that she should be
considered eligible for compensation because two crimes,
reckless endangerment and reckless driving applied. He pledged
to fix this law, so it could withstand scrutiny.
2:30:23 PM
CO-CHAIR WOOL thanked the testifiers for sharing their stories.
He said it was good to have stories and faces to put with the
issue of unsecured loads. He acknowledged that this issue is
also about awareness to change behavior, not just increasing
penalties. He said that the committee wants to do what is right
for the future and help those who are affected by this.
2:31:03 PM
CO-CHAIR STUTES thanked Ms. Roy, noting it is young people like
her who make Alaska strong.
1:32:22 PM
[HB 259 was held over].
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB263 Sponsor Statement 1.22.18.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 263 |
| HB263 ver A 1.22.18.PDF |
HTRA 2/1/2018 1:00:00 PM |
HB 263 |
| HB263 Fiscal Note DFG DWC 1.26.18.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 263 |
| HB263 Fiscal Note DCCED CPBL 1.30.18.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 263 |
| HB263 Support 2.1.18.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 263 |
| HB263 Opposition 2.1.18.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 263 |
| HB259 ver T Sponsor Statement.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 259 |
| HB259 ver T Sectional Analysis.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 259 |
| HB259 ver T.PDF |
HTRA 2/1/2018 1:00:00 PM |
HB 259 |
| HB259 Additional Document-Leg. Research Report.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 259 |
| HB259-Supporting Document-Governor's Proclamation-Secure Your Load Day.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 259 |
| HB259-Supporting Document-Municipality of Anchorage Proclamation.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 259 |
| HB259-Supporting Document-Unsecured Load Incident Articles.pdf |
HTRA 2/1/2018 1:00:00 PM |
HB 259 |