03/05/2005 09:30 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB127 | |
| HB121 | |
| HB12 | |
| HB114 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 127 | TELECONFERENCED | |
| += | HB 121 | TELECONFERENCED | |
| *+ | HB 12 | TELECONFERENCED | |
| += | HB 114 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 5, 2005
9:38 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Carl Gatto, Vice Chair
Representative Bob Lynn
Representative Jay Ramras
Representative Berta Gardner (via teleconference)
Representative Max Gruenberg
MEMBERS ABSENT
Representative Jim Elkins
COMMITTEE CALENDAR
HOUSE BILL NO. 127
"An Act relating to service in the peace corps and to service as
a diplomat in the United States Foreign Service as allowable
absences from the state for purposes of eligibility for
permanent fund dividends and to the period for filing an
application for a permanent fund dividend; authorizing the
Department of Revenue to issue administrative orders imposing
sanctions for certain misrepresentations or other actions
concerning eligibility for a permanent fund dividend and
providing for administrative appeal of those orders; and
providing for an effective date."
- MOVED CSHB 127(STA) OUT OF COMMITTEE
HOUSE BILL NO. 121
"An Act relating to consolidating or abolishing certain service
areas in second class boroughs."
- MOVED CSHB 121(CRA) OUT OF COMMITTEE
HOUSE BILL NO. 12
"An Act relating to televisions and monitors in motor vehicles."
- HEARD AND HELD
HOUSE BILL NO. 114
"An Act relating to the retaining of certain privileges of a
parent in a relinquishment and termination of a parent and child
relationship proceeding; relating to eligibility for permanent
fund dividends for certain children in the custody of the state;
relating to child in need of aid proceedings and juvenile
delinquency proceedings; and providing for an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 127
SHORT TITLE: PFD:PEACE CORPS/DIPLOMAT/SANCTIONS
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE
02/04/05 (H) READ THE FIRST TIME - REFERRALS
02/04/05 (H) STA, FIN
03/03/05 (H) STA AT 8:00 AM CAPITOL 106
03/03/05 (H) Heard & Held
03/03/05 (H) MINUTE(STA)
03/05/05 (H) STA AT 9:30 AM CAPITOL 106
BILL: HB 121
SHORT TITLE: SERVICE AREAS IN SECOND CLASS BOROUGHS
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS
02/02/05 (H) READ THE FIRST TIME - REFERRALS
02/02/05 (H) CRA, STA
02/15/05 (H) CRA AT 8:00 AM CAPITOL 124
02/15/05 (H) Heard & Held
02/15/05 (H) MINUTE(CRA)
02/24/05 (H) CRA RPT CS(CRA) NT 1DP 5NR
02/24/05 (H) DP: THOMAS;
02/24/05 (H) NR: CISSNA, NEUMAN, SALMON, LEDOUX,
OLSON
02/24/05 (H) CRA AT 8:00 AM CAPITOL 124
02/24/05 (H) Moved CSHB 121(CRA) Out of Committee
02/24/05 (H) MINUTE(CRA)
03/01/05 (H) STA AT 8:00 AM CAPITOL 106
03/01/05 (H) Heard & Held
03/01/05 (H) MINUTE(STA)
03/05/05 (H) STA AT 9:30 AM CAPITOL 106
BILL: HB 12
SHORT TITLE: TVS AND MONITORS IN MOTOR VEHICLES
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG, LYNN, GARDNER, MCGUIRE
01/10/05 (H) PREFILE RELEASED 12/30/04
01/10/05 (H) READ THE FIRST TIME - REFERRALS
01/10/05 (H) STA, JUD, FIN
03/01/05 (H) STA AT 8:00 AM CAPITOL 106
03/01/05 (H) Scheduled But Not Heard
03/05/05 (H) STA AT 9:30 AM CAPITOL 106
BILL: HB 114
SHORT TITLE: TERM. PARENTAL RTS/CINA/DELINQUENCY CASES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/26/05 (H) READ THE FIRST TIME - REFERRALS
01/26/05 (H) STA, HES, JUD
03/01/05 (H) STA AT 8:00 AM CAPITOL 106
03/01/05 (H) Heard & Held
03/01/05 (H) MINUTE(STA)
03/05/05 (H) STA AT 8:30 AM CAPITOL 106
03/05/05 (H) STA AT 9:30 AM CAPITOL 106
WITNESS REGISTER
ELIZABETH CUADRA
Juneau, Alaska
POSITION STATEMENT: Testified as a past volunteer with the Peace
Corps in support of HB 127.
SHARON BARTON, Director
Permanent Fund Dividend Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding HB 127.
DON GRAY
Fairbanks, Alaska
POSITION STATEMENT: Testified as a past volunteer with the Peace
Corps in support of HB 127.
MARK WENIG, Foreign Service Officer
United States Department of State
Washington, D.C.
POSITION STATEMENT: Promoted including Foreign Service workers
in HB 127.
RYNNIEVA MOSS, Chair
Road Commission
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: Testified on behalf of the road commission
in support of HB 121.
RENE BROKER, Attorney at Law
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: During the hearing on HB 121, and on behalf
of the Fairbanks North Star Borough, provided clarification
regarding differences between home rule and second class cities
in relation to road service areas.
MIKE BLACK, Community Development Section Chief
Central Office
Division of Community Advocacy
Department of Commerce, Community, & Economic Development
Anchorage, Alaska
POSITION STATEMENT: Responded to a question during the hearing
on HB 121.
DAVID WEISER
Boston, Massachusetts
POSITION STATEMENT: Testified in favor of HB 12.
DEBORAH JILLY, Acting Chief
Section of Community Health and Emergency Medical Services
Division of Public Health
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Testified in favor of HB 12.
BONNIE GODFRED
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of HB 12.
JANNA STEWART, Criminal Justice Planner
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding HB 12.
ACTION NARRATIVE
CHAIR PAUL SEATON called the House State Affairs Standing
Committee meeting to order at 9:38:41 AM. Present at the call
to order were Representatives Lynn, Gatto, Gardner (via
teleconference), Ramras, Gruenberg, and Seaton.
HB 127-PFD:PEACE CORPS/DIPLOMAT/SANCTIONS
9:39:49 AM
CHAIR SEATON announced that the first order of business was
HOUSE BILL NO. 127, "An Act relating to service in the peace
corps and to service as a diplomat in the United States Foreign
Service as allowable absences from the state for purposes of
eligibility for permanent fund dividends and to the period for
filing an application for a permanent fund dividend; authorizing
the Department of Revenue to issue administrative orders
imposing sanctions for certain misrepresentations or other
actions concerning eligibility for a permanent fund dividend and
providing for administrative appeal of those orders; and
providing for an effective date."
REPRESENTATIVE LYNN declared a conflict of interest. He
explained that his son currently works in the Foreign Service.
9:40:40 AM
CHAIR SEATON reminded Representative Lynn that the part of the
bill pertaining to the Foreign Service was removed at the
previous meeting.
9:41:22 AM
ELIZABETH CUADRA, Juneau, said she volunteered for the Peace
Corps after she retired at the age of 64. She said she worked
on agricultural development in Nepal. In the midst of her two-
year service, she said, she had the rude shock of having the
Alaska legislature "basically withdraw my Alaska citizenship."
She added, "It felt like that at least; it was a real kick in
the teeth." She was still voting in Alaska during her Peace
Corps work, keeping up her vehicle registrations, and paying the
mortgage on her Alaska home, and she had every intention of
returning to Alaska. She said she received the Alaska permanent
fund dividend (PFD) the first year, but then the law was changed
to not include the Peace Corps as an allowable absence. She
didn't receive her dividend the second year of her volunteer
work, nor the year after her return, she added.
9:44:19 AM
MS. CUADRA said the Peace Corps is just as valid a service to
her country as the National Guard. She listed the health and
political dangers of being a Peace Corps volunteer. "If you
want to give due honor to the Alaska citizens who leave Alaska
temporarily for Foreign Service as Peace Corps volunteers, you
should restore the permanent fund dividend to them," she
concluded.
9:45:38 AM
REPRESENTATIVE GATTO said he has a lot of respect for her
service and wants to see her slide show.
REPRESENTATIVE RAMRAS said he supports HB 127, and he asked Ms.
Cuadra what she did for a living.
9:47:11 AM
MS. CUADRA said she was an engineer and a lawyer. She added
that the legal basis for maintaining the PFD lies in the
principle of one's domicile.
9:48:52 AM
REPRESENTATIVE LYNN said he thinks HB 127 is a good bill, and he
asked how many Peace Corps volunteers are from Alaska.
MS. CUADRA said she doesn't know, but she has heard that Alaska
has had the highest number of volunteers per capita.
REPRESENTATIVE LYNN asked what is the difference regarding
domicile if a person is a missionary.
9:50:11 AM
MS. CUADRA said it is different because Peace Corps volunteers
are serving their country; it is an official function of the
United States government.
REPRESENTATIVE GRUENBERG said Ms. Cuadra is a very distinguished
member of the Juneau Bar and he appreciates her sacrifice.
MS. CUADRA said she did not view going into the Peace Corps as a
sacrifice; it was the best decision of her life.
9:50:58 AM
REPRESENTATIVE GATTO said that when Ms. Cuadra went into the
Peace Corps she had the understanding that she was entitled to
receive a PFD. He asked if the state had broken a contract with
her.
9:51:45 AM
MS. CUADRA answered that she did not view it as a contract. A
current legislature cannot bind a future legislature, she said.
She said she isn't testifying in order to get the money back,
she is testifying to support current and future Peace Corps
volunteers.
9:54:03 AM
SHARON BARTON, Director, Permanent Fund Dividend Division,
Department of Revenue, said she is advised by the bill's sponsor
that there are about 42 people in the Peace Corps claiming
Alaskan residency.
REPRESENTATIVE GATTO asked if she would send those volunteers
applications if HB 127 passes.
9:55:06 AM
MS. BARTON said she would be happy to do that.
REPRESENTATIVE GRUENBERG asked if there are any technical
revisions in the law that Ms. Barton would like to see.
MS. BARTON said she thinks the bill is clear without any further
amendments.
9:55:51 AM
CHAIR SEATON said another PFD bill would come before the
committee.
REPRESENTATIVE GARDNER asked if the committee should consider a
time extension for Peace Corps volunteers for the current PFD
application.
9:56:39 AM
MS. BARTON said the bill's effective date is January 1, 2006, so
there is no need for an extension unless the committee would
want Peace Corps volunteers to be qualified for the 2005
dividend.
9:57:26 AM
DON GRAY, Fairbanks, said he was a Peace Corps volunteer in the
1960s in India, and he will not benefit by HB 127, but he
supports it. He said there was a question from an earlier
meeting regarding the status of students in the University of
Alaska Peace Corps masters international program. He reported
that the graduate school six-credit academic year is considered
active status; it is not considered full-time status.
9:59:28 AM
MR. GRAY said there are many young Alaskans who are
contemplating the Peace Corps but are burdened financially. He
said leaving the state for two years should not be considered a
break in residency for national service volunteers.
10:01:40 AM
MARK WENIG, Foreign Service Officer, United States Department of
State, said he is assigned to Washington D.C., and he would like
the committee to replace foreign service officers as an
exemption in HB 127. He said the Senate version still has the
provision in its bill. He said that he was a television
reporter in Anchorage from 1993-94, and he was accepted into the
Foreign Service in 1994. He said he has been living in
Ethiopia, Mauritius Island, and Romania. Mr. Wineg said he has
spent every home leave in Anchorage, he has voted as an Alaskan
for every major election, and he intends to return to Alaska
when his Foreign Service career is completed. He expressed that
he is a second-class citizen because he does not get the PFD.
10:04:34 AM
MR. WINEG noted there are only nine Foreign Service employees
that claim Alaska as their residence, so "it can't be about
money." He said no one speaks on behalf of [the Foreign Service
members]. He gave examples of his work in getting an American
citizen out of jail, helping American companies invest overseas,
and contributing to developing "a positive opinion of the U.S.
among foreign publics." Mr. Wineg thinks this issue is about
recognition. He feels that Foreign Service employees make a
difference while serving their country in difficult and often
dangerous circumstances: "places with bad food, scary highways,
and harsh climates." He added that because of the threat of
terrorism, "living overseas, these days, carries its own risks."
10:07:26 AM
MR. WINEG concluded that he is looking for respect and
recognition.
CHAIR SEATON closed public testimony.
10:07:53 AM
REPRESENTATIVE LYNN moved to report HB 127, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes.
10:08:45 AM
REPRESENTATIVE RAMRAS objected in order to address Mr. Wineg's
comments. He said that Foreign Service was a tough issue, and
he told of his uncle doing charity service outside Alaska, which
was also not an allowable absence for a PFD. He said there are
many extenuating circumstances, but the committee has a chance
of taking care of Peace Corps workers today, and maybe others
can be taken care of in different legislation.
10:10:24 AM
REPRESENTATIVE RAMRAS withdrew his objection.
REPRESENTATIVE LYNN said the Foreign Service is part of the
government, unlike a private contractor.
10:11:16 AM
CHAIR SEATON said that the Foreign Service is a voluntary job
with health benefits, and although it is great service to the
country, the question the committee is deciding is what would be
an allowable absence for the PFD program.
10:11:53 AM
REPRESENTATIVE LYNN said the same thing could be said for the
military.
CHAIR SEATON noted no further objections; therefore, CSHB
127(STA) was reported from the House State Affairs Standing
Committee.
HB 121-SERVICE AREAS IN SECOND CLASS BOROUGHS
10:12:45 AM
CHAIR SEATON announced that the next order of business was HOUSE
BILL NO. 121, "An Act relating to consolidating or abolishing
certain service areas in second class boroughs."
CHAIR SEATON announced that the committee substitute (CS),
Version 24-LS0396\Y, was before the committee.
CHAIR SEATON noted that Dan Bockhurst had submitted written
testimony.
10:14:39 AM
RYNNIEVA MOSS, Chair, Road Commission, Fairbanks North Star
Borough, testified in support of HB 121, and commented that the
bill would protect road service areas that function properly.
She referred to the testimony of Mr. Bockhurst [on 3/1/05]
suggesting that home rule boroughs be included. She said she
doesn't have any strong objections to that suggestion; however,
she would like to hear the [Fairbanks North Star] Borough's
opinion on that from Rene Broker. Referring again to the prior
testimony of Mr. Bockhurst, she said, "I feel like his comment
was almost contradictory when he said that he wanted the
legislature to include home rule in this provision, because they
can, at any time, change how they operate, just by charter. So,
that is their local control and their way to make decisions."
10:15:59 AM
REPRESENTATIVE GRUENBERG said he didn't want to take action on
the bill before he has contacted the Municipality of Anchorage
for its input. He asked if anyone in the room or online had
made that contact already.
The committee took an at-ease from to 10:16:35 AM to 10:16:45
AM.
MS. MOSS explained, "This is for second class boroughs, and
Anchorage is a unified municipality."
10:17:21 AM
RENE BROKER, Attorney at Law, Fairbanks North Star Borough, in
response to a request from Chair Seaton, said she thinks that
Mr. Bockhurst "missed the point," because home rule
municipalities have a lot of other powers and abilities - to
address the issues caused by road service areas that aren't
functioning properly - that second class boroughs do not have.
The bill, she said, is not an effort to somehow vault second
class boroughs ahead of home rule boroughs; it's just an attempt
to give the second class boroughs an ability to deal with
problems they have that home rule boroughs do not have.
10:18:55 AM
REPRESENTATIVE GRUENBERG stated his understanding that
Anchorage, and other home rule boroughs "could do this now if
they wished."
10:19:20 AM
MS. MOSS answered that's correct.
10:19:52 AM
REPRESENTATIVE GRUENBERG asked if the Department of Commerce
would like to correct Mr. Bockhurst's testimony.
10:20:16 AM
MIKE BLACK, Community Development Section Chief, Central Office,
Division of Community Advocacy, Department of Commerce,
Community, & Economic Development, said he would need to do
further research before he would say the department would
correct Mr. Bockhurst's testimony at this point.
CHAIR SEATON closed public testimony.
10:21:29 AM
REPRESENTATIVE GRUENBERG told Mr. Black that he thinks it's
important that "no department have ... legally incorrect
testimony on a record on a piece of legislation." He said he
thinks Mr. Bockhurst is incorrect and he hates to see a legally
incorrect statement.
10:22:11 AM
REPRESENTATIVE GATTO directed attention to the first page of a
two-page handout [in the committee packet] that is a table which
shows the "powers and duties of organized boroughs." He noted
that, [in decisions relating to] roads and trails, the table
shows that unified municipality and home rule borough
determinations may be exercised by ordinance on a nonareawide
basis and may be exercised on a service area basis with voter
approval. Representative Gatto said, "It just seems to me they
can already do what we're asking them to be able to do in the
bill."
10:23:16 AM
CHAIR SEATON explained the problem is once the road service area
is established by voter approval in an area, there is not really
a mechanism to "dissolve that by the borough." The bill would
provide that mechanism.
10:24:45 AM
REPRESENTATIVE RAMRAS reminded the committee that [HB 121] is
critical for Fairbanks, because some of the road service areas
have slipped into disservice, which puts people at risk.
10:25:38 AM
CHAIR SEATON, following up on Representative Gatto's previous
comment, clarified that the "voter approval" means the vote of
the road service area board members, not the general public.
REPRESENTATIVE GATTO said he does not have a problem with the
bill.
10:26:37 AM
REPRESENTATIVE GARDNER, via teleconference, said she is ready to
"move the question" and would vote if she could.
10:26:58 AM
REPRESENTATIVE RAMRAS moved to report CSHB 121(CRA), Version 24-
LS0396\Y, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, CSHB
121(CRA) was reported out of the House State Affairs Standing
Committee.
10:28:34 AM
HB 12-TVS AND MONITORS IN MOTOR VEHICLES
10:28:40 AM
CHAIR SEATON announced that the next order of business was HOUSE
BILL NO. 12, "An Act relating to televisions and monitors in
motor vehicles."
10:29:12 AM
REPRESENTATIVE GRUENBERG presented HB 12 as sponsor, and he said
the bill increases the penalties for driving a motor vehicle
while watching a television or video monitor or any such screen
that is in the vehicle and produces entertainment or has
business applications. He said the legislation also makes it a
criminal offense to install such a device that is capable of
being viewed by the driver while the vehicle is moving.
Exceptions include global positioning systems and map displays.
It is now a traffic violation, he said. Under HB 12, violating
this law will be a class A misdemeanor if the driver is not
involved in an accident where someone is injured, a Class C
felony if the driver has an accident that injures someone, a
Class B felony if the driver has an accident where a person
suffers a serious injury, and a Class A felony if the driver has
an accident causing a death. A person who installs the device
can be fined a minimum of $2,500, he told the committee.
10:31:35 AM
REPRESENTATIVE GRUENBERG said HB 12 would make Alaska the second
state to have such a law. He said the legislation is the result
of an accident that killed two close friends of his. Watching a
video is different from talking to someone in the car or using a
cell phone, he said, because a person cannot keep his or her
eyes on the road while engaged in this activity.
10:34:33 AM
REPRESENTATIVE RAMRAS asked about passengers using video cameras
with monitors.
REPRESENTATIVE GRUENBERG said this applies to the driver of the
motor vehicle.
10:36:08 AM
CHAIR SEATON asked him to clarify.
REPRESENTATIVE GRUENBERG said he doesn't think it would be
considered a video signal.
10:36:48 AM
REPRESENTATIVE RAMRAS asked if the bill addresses moving
vehicles only.
REPRESENTATIVE GRUENBERG noted that on page 1, line 6, the
language is "drive".
10:37:32 AM
REPRESENTATIVE RAMRAS mentioned a past employee of his who had a
car accident because of a radio that was loud, which he said
could have lessened her visual acuity. There are other sensory
distractions, he said.
10:39:30 AM
REPRESENTATIVE GRUENBERG said that would possibly be considered
negligent or reckless driving. He said he offered the
legislation because watching a movie is so much more dangerous
than a loud radio; it's a violation of law "per se." He added
that the penalties he has offered could be up for discussion.
10:41:15 AM
CHAIR SEATON noted that in a previous bill a civil fine was
reduced from $5,000 to $3,000 because the lower amount was
easier to impose.
REPRESENTATIVE GRUENBERG recollected that that was an
administrative civil penalty that was low enough that a right to
a jury trial was not open to a defendant. This is in criminal
statute, he said, and anyone would have a right to a jury trial.
10:42:58 AM
CHAIR SEATON said cell phones now have video screens.
REPRESENTATIVE GRUENBERG responded that cell phones with video
screens are not exempt; the law won't depend on the size of a
screen.
10:44:31 AM
CHAIR SEATON asked if it is only applicable if the driver is
watching the screen, not just talking on a phone that has a
video screen on it.
10:46:06 AM
REPRESENTATIVE GRUENBERG said the key word on page 1, line 6, is
"watching". "If you are watching it, then you're guilty," he
said. "We want the people to have their vision unimpaired," he
added.
REPRESENTATIVE GARDNER stated her understanding that it's not
that the driver's vision is impaired, but the driver's attention
is distracted "in such a way that they are not attending to the
visual requirements of operating a moving vehicle."
10:47:13 AM
REPRESENTATIVE GRUENBERG said that is correct.
CHAIR SEATON said the committee might want to clarify language
which now might disallow a videophone from being in a car
because it is "capable" of being seen.
10:49:16 AM
REPRESENTATIVE GATTO suggested inserting: "that is visible from
the driving position," so a person could have a cell phone in a
holster. Car radios now have "wicked displays that wiggle and
tilt, and if you look at it to tune it, you might be committing
a violation, but you don't have to look at it," he added.
10:50:43 AM
CHAIR SEATON opened public testimony.
DAVID WEISER said he is the eldest son of Bob and Donna Weiser,
who were killed in a head-on collision on the Seward Highway in
2002. He said the committee is aware of the charges of second-
degree murder of the other driver, alleging that he was watching
a DVD movie, but he was acquitted of all charges. He said the
incident brought national attention to the issue of driving
while watching TV.
10:54:37 AM
MR. WEISER said this legislation is at the vanguard of laws, and
it is apolitical. "What sane individual makes the argument that
they should have the right to watch a video while driving? What
corporate interest argues against severe penalties for violating
the inherent safety features they design into their own
products?" he asked. He added, "You have the power to prevent
for others the kind of upheaval our family has suffered in the
wake of an acquittal of all charges against this particular
defendant."
10:55:06 AM
CHAIR SEATON said he doesn't think anyone on the committee
opposes the bill; they just want to craft it solidly so that
there are no unintended consequences.
REPRESENTATIVE GARDNER asked Mr. Weiser if he is aware of any
legislation that addresses this issue anywhere.
10:56:59 AM
MR. WEISER said there is legislation "without teeth." In
California it is patently illegal to drive with full motion
video visible, but the fines are only about $75, he said. There
is legislative effort in South Florida, Connecticut, and
Michigan, he said, and he appreciates the attempts of the
committee to bulletproof the bill. He said that Alaska has the
opportunity to set a trend.
11:00:00 AM
DEBORAH JILLY, Acting Chief, Section of Community Health and
Emergency Medical Services, Division of Public Health,
Department of Health and Social Services, said the intent of HB
12 is to prevent motor vehicle accidents and pedestrian injuries
by giving law enforcement agents the authority to cite drivers
who are viewing entertainment devices. She said, "45 to 56
percent of all crashes in the United States involve factors
where the driver of a motor vehicle is distracted or
inattentive." A study in 2002 found 22 percent of the causes
that led up to a crash were the result of dealing with
technology in the vehicle, such as cell phones, beepers,
navigation devices, Internet, email, radios, and music players.
The National Center for Statistics listed driver inattention as
the primary factor for nearly 7 percent of fatal crashes in
Alaska in 2003. She said vehicle manufacturers are improving
technology to minimize distractions to drivers from in-car video
systems, but there is still a need to improve the safety
technology.
11:03:53 AM
MS. JILLY said consumers can purchase and install devices
themselves and bypass safety recommendations. She said it is
possible to use a laptop computer to watch a movie or rig a
vehicle's map display to play movies.
11:05:46 AM
CHAIR SEATON asked if the purpose of the bill is only for video
signals, because the use of laptops by the driver does not seem
to be included.
REPRESENTATIVE GRUENBERG said it did not, and he would consider
a friendly amendment which does include laptops.
11:07:18 AM
REPRESENTATIVE LYNN asked if it would it be a double offense to
install the device and then get in accident while watching it.
REPRESENTATIVE GRUENBERG answered yes.
11:07:58 AM
BONNIE GODFRED, Anchorage, said she followed a driver in
Anchorage who was the sole occupant of a vehicle, and the driver
was watching a movie while driving 60 miles per hour. A dealer
who installs videos in vehicles told Ms. Godfred that Alaska is
one of the few states that does not require a switch that turns
off such a screen while the vehicle is in motion. She "whole-
heartedly" supports HB 12.
11:10:40 AM
JANNA STEWART, Criminal Justice Planner, Department of Public
Safety, Anchorage, said the department submitted a fiscal note
suggesting changes in the way the four different levels of
offenses would be broken out. The bill is drafted the way
numerous statutes are, she said, and it can cause problems when
putting criminal history records together; however, the
department is not prepared to suggest a wholesale redrafting of
numerous other criminal statutes, so it will withdrawn its
request. She said the problem is only a technical one. The
department does not have a problem with the substance of the
bill and does not want to hold it up.
11:11:40 AM
REPRESENTATIVE GRUENBERG clarified that Ms. Stewart referred to
a fiscal note prepared by the Department of Public Safety in
February. He said he had extensive conversations with Ms.
Stewart, and her concern was related to the offenses described
on page 2, lines 18-25, which technically should be in separate
sections. To do so would be a better fit with the Uniform
Offense Citation Table, but the Department of Law pointed out
that there are a number of statutes that are written like HB 12,
and the state plans to look at all the laws at once.
11:15:03 AM
MS. STEWART said it may be too complex to fix, and the
department will submit a revised fiscal note.
REPRESENTATIVE GATTO asked about a driver watching a movie while
the vehicle is parked with the motor running.
REPRESENTATIVE GRUENBERG noted again that line 6 specifies
"drive".
11:17:17 AM
REPRESENTATIVE GATTO pointed out that the title uses the term
"operating" instead of "driving". He suggests adding wording to
disallow a device from being viewable, since it may be difficult
to prove a device was being watched.
CHAIR SEATON closed public testimony.
11:19:00 AM
REPRESENTATIVE GRUENBERG [moved to adopt Conceptual] Amendment
1, as follows:
Page 1, line 4:
Delete "Operation of"
Insert "Driving"
11:19:59 AM
REPRESENTATIVE GATTO objected and asked about a driver who was
stopped at a traffic light.
REPRESENTATIVE GRUENBERG said that would be considered driving.
11:20:21 AM
REPRESENTATIVE GARDNER said that when the vehicle is in gear, a
person is driving, but when the vehicle is in park, a person is
not driving.
CHAIR SEATON said this definition should be clarified.
REPRESENTATIVE GRUENBERG agreed with Representative Gardner.
11:21:46 AM
REPRESENTATIVE GATTO removed his objection to Conceptual
Amendment 1.
CHAIR SEATON announced that, there being no further objections,
Conceptual Amendment 1 was adopted.
11:23:19 AM
CHAIR SEATON suggested discussing the use of computers while
driving, which would not be prevented under the current bill.
REPRESENTATIVE LYNN said the term computer is used for many
things, and he added that a person can use a computer as a
[Global Positioning System (GPS)].
REPRESENTATIVE GRUENBERG proposed adding computers on line 6.
11:24:43 AM
REPRESENTATIVE GARDNER said there are computers operating many
parts of cars, so the committee needs to be careful in crafting
the language to include just entertainment devices.
REPRESENTATIVE GATTO suggested the language should not mention
computers because some cars have 100 within them. He said the
issue is screens that are distractions when viewed.
11:26:17 AM
CHAIR SEATON questioned whether a video monitor includes a
laptop screen, and suggested including a laptop computer.
11:27:02 AM
REPRESENTATIVE GATTO said the language should simply talk about
the distraction of a device that can be viewed.
CHAIR SEATON said he agrees, but using examples will help the
courts and the general public.
11:28:12 AM
REPRESENTATIVE GARDNER [moved to adopt] Amendment 2, which read:
Page 1, line 9:
Between "applications" and "."
Insert ", which would visually distract the driver,
but excluding those necessary for safe operation of
the vehicle"
11:30:25 AM
REPRESENTATIVE LYNN moved an amendment to Amendment 2, to remove
the word "safe".
REPRESENTATIVE GARDNER said she had no problem with
Representative Lynn's suggested amendment to Amendment 2.
The committee took an at-ease from 11:31 p.m. to 11:33 p.m.
11:33:24 AM
REPRESENTATIVE LYNN withdrew his amendment to Amendment 2.
REPRESENTATIVE GRUENBERG moved to adopt Conceptual Amendment 2,
which would change Amendment 2 to read: ", which would visually
distract the driver, but excluding those used in the operation
of the vehicle". He explained that a person could have a GPS
that is not necessary, but is used in operating the vehicle.
CHAIR SEATON announced that Conceptual Amendment 2 to Amendment
2 was adopted without objection.
11:35:06 AM
CHAIR SEATON asked if there was any objection to Amendment 2, as
amended. There being none, it was so ordered.
REPRESENTATIVE GRUENBERG asked Representative Gatto if he wanted
to "insert somewhere in there, devices that are visible or
intended to be viewed."
REPRESENTATIVE GATTO said yes.
11:36:33 AM
REPRESENTATIVE GARDNER said her the intent of her amendment had
been to include such devices.
REPRESENTATIVE GATTO said there are many things that could be
listed as distractions to a driver. Many of them are allowed,
like tuning the radio and picking up lipstick, and the committee
can't include them all. He indicated a preference for language
related to things that can be viewed, rather than a list of
distractions.
CHAIR SEATON clarified that the discussion is a conceptual one
to decide whether or not to include distractions other than
television broadcast or video signals.
REPRESENTATIVE GRUENBERG said Representative Gatto is talking
about devices and he suggested inserting "Devices that are
visible or intended to be viewed by the driver" in front of the
word "which".
11:41:39 AM
REPRESENTATIVE SEATON noted that that language is in the
previous part of the sentence.
REPRESENTATIVE GRUENBERG said laptops don't fall into the
broadcast category, so it should be added before Amendment 2.
CHAIR SEATON reminded the committee that this is all one
sentence.
11:44:27 AM
REPRESENTATIVE GRUENBERG said the laptop is the signal, but also
people might be watching what they are typing.
REPRESENTATIVE Gruenberg moved Conceptual Amendment 3, as
follows:
On page 1, line 9:
Between "applications" and [the adopted Amendment 2,
as amended]
Insert "devices that are visible or are intended to be
viewed by the driver"
CHAIR SEATON interjected that the sentence is getting rather
long. He said he is trying to figure out where the committee is
going with all this language.
REPRESENTATIVE GRUENBERG said a person could be typing on a
laptop and watching his/her fingers. He reiterated that
[Conceptual] Amendment 3 would include, "devices that are
visible or are intended to be viewed by the driver".
CHAIR SEATON objected to Amendment 3. He clarified Conceptual
Amendment 3.
11:46:24 AM
CHAIR SEATON asked if anyone had any objection. [He treated his
own objection as being withdrawn.] He asked if there was any
further objection to Conceptual Amendment 3. There being none,
Conceptual Amendment 3 was adopted.
11:48:21 AM
REPRESENTATIVE GRUENBERG said he believes that will cover the
telephone screen.
CHAIR SEATON said he would like to get the intent of the
sponsors regarding cell phones. He said, "This is talking about
the device; it's not talking about what you do with the device.
Because it doesn't say the driver looks at it, it says that the
device is intended to be viewed."
11:49:49 AM
REPRESENTATIVE GRUENBERG noted that the word in line 6 is
"watching", and the only time a person will be penalized is if
he or she is watching the screen. He asked if anyone still has
a problem with the word "watching".
11:51:53 AM
REPRESENTATIVE GATTO said he does, unless it says "capable of
watching".
CHAIR SEATON said a cell phone is capable of being watched;
users may not be watching the video on that cell phone, but they
may be talking on it.
11:52:41 AM
REPRESENTATIVE GATTO clarified that Representative Seaton is
saying cell phones without screens would be okay, while others
would be disqualified.
11:53:06 AM
CHAIR SEATON said a mounted device needs to have a locking
mechanism while the car is being driven, but there are also
portable devices.
REPRESENTATIVE GATTO stated that is the crux of the issue.
11:55:33 AM
CHAIR SEATON said he doesn't know "where that leaves us."
REPRESENTATIVE GRUENBERG said there is no definition of "watch"
in Black's Law Dictionary. Webster's defines watch as "to look
at or observe attentively and usually continuously," which is
not what we want.
11:56:54 AM
CHAIR SEATON said HB 12 will not be moved today anyway.
REPRESENTATIVE GRUENBERG read a thesaurus that lists the
synonyms for watch.
11:58:25 AM
CHAIR SEATON said drafters can figure out the words to use, and
then he turned to the question of installed systems versus non-
installed systems. The bill doesn't address portable battery-
powered players, he said.
11:59:34 AM
REPRESENTATIVE GRUENBERG said "My intent ... is not to
criminalize, in this section, a person who just lays his laptop
on the seat. Here, we're talking about the people who do
permanent installations."
CHAIR SEATON asked if Representative Gruenberg thought the
laptop concern is covered in the other section.
REPRESENTATIVE GRUENBERG answered, "Right."
CHAIR SEATON moved Conceptual Amendment 4, as follows:
Page 1, line 7:
After "monitor,"
Insert "laptop-type computer,"
12:01:47 PM
CHAIR SEATON announced that Conceptual Amendment 4 was adopted,
but the sponsors would be welcome to change "lap-top" to
"portable".
12:02:50 PM
REPRESENTATIVE GRUENBERG, in response to feedback from
Representative Gatto and Chair Seaton, confirmed that both
"watching" and "intermittently watching" should be included.
12:04:24 PM
REPRESENTATIVE GATTO stated concern that some attorney could
argue that a person has to occasionally look at his/her gas
gauge, for example.
REPRESENTATIVE GRUENBERG said that this might not be the easiest
law to enforce. He added that the point [of concern] is that
someone may be watching a device to the extent of being
distracted from driving, and he suggested language to address
that.
12:05:09 PM
CHAIR SEATON asked the sponsors to work out the wording outside
of committee.
[HB 12 was heard and held.]
HB 114-TERM. PARENTAL RTS/CINA/DELINQUENCY CASES
12:05:52 PM
CHAIR SEATON announced that the next order of business was HOUSE
BILL NO. 114, "An Act relating to the retaining of certain
privileges of a parent in a relinquishment and termination of a
parent and child relationship proceeding; relating to
eligibility for permanent fund dividends for certain children in
the custody of the state; relating to child in need of aid
proceedings and juvenile delinquency proceedings; and providing
for an effective date."
CHAIR SEATON said there is a report of the subcommittee on HB
114. The subcommittee felt everything was fine, he said, except
for Sections 1 and 5, which are still being worked on. The
subcommittee will be working on it next week.
SCR 2-ROTARY INTERNATIONAL YEAR 2005
DRAFT
CHAIR SEATON announced that the final order of business was
SENATE CONCURRENT RESOLUTION NO. 2, Proclaiming 2005 as Rotary
International Year.
CHAIR SEATON said if no one has a problem, he will get
signatures, but if anyone opposes waiving it, "that's your right
to do so."
12:07:13 PM
REPRESENTATIVE GATTO said he already signed it.
REPRESENTATIVE GARDNER said she has not read SCR 2, but she has
no objections "off the cuff."
CHAIR SEATON read SCR 2 to Representative Gardner.
12:08:13 PM
REPRESENTATIVE GARDNER said she had no problem with SCR 2.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
12:08:23 PM.
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