Legislature(2007 - 2008)BUTROVICH 205
04/03/2008 08:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB65 | |
| HB307 | |
| HB359 | |
| HB88 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 65 | TELECONFERENCED | |
| += | HB 307 | TELECONFERENCED | |
| += | HB 359 | TELECONFERENCED | |
| += | HB 88 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 88-TVS AND MONITORS IN MOTOR VEHICLES
2:11:33 PM
CHAIR FRENCH announced the consideration of HB 88. [Before the
committee was CSHB 88(FIN).]
REPRESENTATIVE GRUENBERG, Sponsor or HB 88, said that as a
result of the comments in the last committee, there is a
proposed amendment. This legislation deals with the distraction
of watching a video display while driving. This distraction may
have caused several fiery deaths on Alaska highways. If it's
shown that the driver was watching a video display, or that it
is on and in a position to be watch while the vehicle is
underway, the punishment is negligent homicide if a death
results. It's a class A misdemeanor if the device is on and no
wreck occurred. He has no objection to proposed amendment V.1.
2:14:09 PM at ease.2:15:10 PM
REPRESENTATIVE GRUENBERG referred to a news article about
watching movies on cell phones and said that, too, would be
prohibited under the bill.
CHAIR FRENCH referred to page 2, line 8, that exempts audio
equipment information, functions, and controls and asked if, in
addition to radios, this is meant to also exempt IPods.
REPRESENTATIVE GRUENBERG said he understands that you listen to
an IPod and that would be exempt. "I don't have any problem with
people listening," he said.
CHAIR FRENCH relayed that they're now being used as portable car
stereos, but you have to look at the IPod to select the music.
REPRESENTATIVE GRUENBERG replied that's okay; it's the same as a
radio.
2:17:17 PM
CHAIR FRENCH moved Amendment 1, 25-:LS0312\V.1, Luckhaupt, and
objected for discussion purposes. The idea is to exempt cell
phones, such as an iphone, that display a picture of the person
calling. He doesn't think that looking at a picture of the
person calling should be a crime. He acknowledged there are
people who want to ban the use of cell phones while driving, but
this bill doesn't do that.
AMENDMENT 1
OFFERED IN THE SENATE
TO: CSHB 88(FIN)
Page 2, line 6, following "communication":
Insert "or displaying caller identification
information"
CHAIR FRENCH withdrew his objection and finding no further
objection, announced that Amendment 1 is adopted.
CHAIR FRENCH asked the sponsor to describe the core activity
he's targeting.
REPRESENTATIVE GRUENBERG replied he's targeting those who watch
movies or something similar while driving.
CHAIR FRENCH asked him to explain the elevated penalty
structure.
REPRESENTATIVE GRUENBERG explained that 13 AAC 04.260 currently
makes it an infraction for a motor vehicle driven in Alaska to
be equipped with television-type receiving equipment that is in
view of the driver's seat. The punishment is a small fine. This
bill raises the penalty: to a class A misdemeanor if no injury
occurs, a class C felony if physical injury to another person
occurs, a class B felony if serious physical injury occurs, and
a class A felony if a death occurs. Serious physical injury is
defined in Title 11.
REPRESENTATIVE GRUENBERG clarified that his staff pointed out
that he previously was reading from subsection (a) of 13 AAC
04.260 and subsection (b) reads as follows:
(b) A driver of a motor vehicle may not wear a
headset, headphones, or other headgear designed for
receiving sound and transmitting sound to the driver,
or wear ear plugs or a similar device which reduces
the driver's hearing ability while driving a vehicle.
The bill doesn't deal with that, it will remain an infraction,
he said. Subsection (c) provides the following exemption:
(c) This section does not prohibit the use of
television-type or headgear-receiving equipment used
exclusively for safety or law enforcement purposes,
used for and designed to improve a driver's hearing
ability, or navigational devices such as Global
Positioning System (GPS) or Loran.
SENATOR WIELECHOWSKI said that's a good point because GPS
screens are popular. He asked if he's saying that a GPS located
in the driver's view would not fall under this.
2:21:06 PM
REPRESENTATIVE GRUENBERG said yes; page 2, subsections (c)(2)(C)
and (c)(2)(D), exempt navigation or global positioning equipment
and maps. That's essential, he said.
SENATOR McGUIRE commented that her GPS displays a warning to
drivers that are using the equipment while operating a vehicle.
2:22:00 PM
RODNEY DIAL, Lieutenant, Alaska State Troopers, Department of
Public Safety (DPS), said DPS supports HB 88 because it helps
keep Alaska driving laws current with changes in technology. To
cite someone now, troopers must prove two elements: that a
qualifying device is installed, and that it's in the driver's
view. The statute doesn't say the equipment has to be turned on.
Under this bill four elements must be proved: that the person is
driving, that the qualifying device is present, that the device
is in full view of the driver, and that the display is operating
while the vehicle is in motion. An alternative element is that
someone has illegally installed or altered a device so that it
can be viewed by the driver while the vehicle is going down the
road. DPS sees this as a good change in law, he said.
TROOPER DIAL described the accident mentioned previously: two
occupants were killed, a vehicle did cross the center line, it
was alleged that the driver was watching a movie at the time, a
unit was installed such that it could be viewed by the driver
while the vehicle was moving. "Had this bill been in effect,
that person could have been charged with a class A misdemeanor,
at a very minimum."
2:24:14 PM
CHAIR FRENCH said this is an interesting bill because of the
convergence of communication, entertainment, and scheduling
devices. Soon devices like the Blackberry and the iPhone will be
all-in-one. In some instances they're safe to use while driving,
but in other instances they wouldn't be safe at all. His view is
that this law will be tough to enforce, but it's a good policy
to hammer people that are doing things that aren't safe.
LIEUTENANT DIAL said there will be mitigating instances, but
this will help in certain situations.
2:26:00 PM
CHAIR FRENCH found no one else who wished to testify and closed
public testimony.
SENATOR McGUIRE motioned to report CS for HB 88 from committee
with individual recommendations and attached fiscal note(s).
CHAIR FRENCH announced that without objection SCS CSHB 88(JUD)
is moved from the Senate Judiciary Committee.
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