04/06/2006 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB12 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 12 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 6, 2006
3:36 p.m.
MEMBERS PRESENT
Senator Gene Therriault, Chair
Senator Thomas Wagoner, Vice Chair
Senator Charlie Huggins
Senator Bettye Davis
Senator Kim Elton
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 12(JUD) am
"An Act relating to televisions, monitors, portable computers,
and similar devices in motor vehicles; and providing for an
effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
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
03/05/05 (H) Heard & Held
03/05/05 (H) MINUTE(STA)
03/17/05 (H) STA AT 8:00 AM CAPITOL 106
03/17/05 (H) Moved CSHB 12(STA) Out of Committee
03/17/05 (H) MINUTE(STA)
03/18/05 (H) STA RPT CS(STA) NT 6DP
03/18/05 (H) DP: GARDNER, LYNN, GATTO, GRUENBERG,
ELKINS, SEATON
04/01/05 (H) JUD AT 1:00 PM CAPITOL 120
04/01/05 (H) Heard & Held
04/01/05 (H) MINUTE(JUD)
04/04/05 (H) JUD AT 1:00 PM CAPITOL 120
04/04/05 (H) -- Meeting Canceled --
04/06/05 (H) JUD AT 1:00 PM CAPITOL 120
04/06/05 (H) Heard & Held
04/06/05 (H) MINUTE(JUD)
04/08/05 (H) JUD AT 8:00 AM CAPITOL 120
04/08/05 (H) Bill Postponed To 4/11
04/11/05 (H) JUD AT 1:00 PM CAPITOL 120
04/11/05 (H) Moved CSHB 12(JUD) Out of Committee
04/11/05 (H) MINUTE(JUD)
04/12/05 (H) JUD RPT CS(JUD) NT 5DP 2NR
04/12/05 (H) DP: GRUENBERG, KOTT, ANDERSON, GARA,
MCGUIRE;
04/12/05 (H) NR: DAHLSTROM, COGHILL
04/22/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/22/05 (H) Heard & Held
04/22/05 (H) MINUTE(FIN)
02/08/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/08/06 (H) <Bill Hearing Postponed>
03/01/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/01/06 (H) Moved CSHB 12(FIN) Out of Committee
03/01/06 (H) MINUTE(FIN)
03/03/06 (H) FIN RPT CS(FIN) NT 1DP 2DNP 6NR 1AM
03/03/06 (H) DP: FOSTER;
03/03/06 (H) DNP: KELLY, HAWKER;
03/03/06 (H) NR: STOLTZE, JOULE, MOSES, HOLM, MEYER,
CHENAULT;
03/03/06 (H) AM: KERTTULA
03/20/06 (H) FAILED TO ADOPT FIN CS Y16 N20 E3 A1
03/22/06 (H) ENGROSSED
03/27/06 (H) TRANSMITTED TO (S)
03/27/06 (H) VERSION: CSHB 12(JUD) AM
03/27/06 (S) READ THE FIRST TIME - REFERRALS
03/27/06 (S) STA, JUD
04/06/06 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
Representative Max Gruenberg
Alaska State Capital
Juneau, AK
POSITION STATEMENT: Co-sponsor of HB 12
Representative Bob Lynn
Alaska State Capital
Juneau, AK
POSITION STATEMENT: Co-sponsor of HB 12
Dean Paul
Alaska Yellow Cab Company
Anchorage, AK
POSITION STATEMENT: Suggested amendment to HB 12
Martha Moore, Trauma Registry Coordinator
Division of Public Health
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Testified on HB 12
ACTION NARRATIVE
CHAIR GENE THERRIAULT called the Senate State Affairs Standing
Committee meeting to order at 3:36:43 PM. Present were Senators
Thomas Wagoner, Charlie Huggins, Kim Elton, Bettye Davis, and
Chair Gene Therriault.
CSHB 12(JUD)am-TVS AND MONITORS IN MOTOR VEHICLES
CHAIR GENE THERRIAULT announced HB 12 to be up for
consideration.
3:37:22 PM
REPRESENTATIVE MAX GRUENBERG, Co-sponsor of HB 12, explained
that the bill prohibits operating a motor vehicle while watching
a DVD, TV, video monitor, portable computer or any similar
display. Penalties are established for violation under a variety
of circumstances: 1) the behavior itself is a class C
misdemeanor; 2) if another person suffers physical injury it is
a class C felony; 3) if another person suffers serious physical
injury it is a class B felony; 4) and if another person suffers
death it is a class A felony. Making the behavior negligent in
and of itself will ease the burden of proof and hopefully make
people drive more safely, he said.
Section 1, subsection (b) establishes that it is a class A
misdemeanor to install or equip a vehicle with a display that is
visible to the driver while the vehicle in motion. Subsection
(c) details exclusions such as: portable cell phones; different
kinds of audio equipment; vehicle information equipment;
navigation or global positioning; maps; visual aids to help the
driver see ahead, behind or to the side for maneuvering
purposes.
REPRESENTATIVE GRUENBERG advised that a member of the taxicab
industry would testify to suggest an amendment to exempt
commercial vehicles because those drivers use certain display
equipment to aid in dispatching for passenger transport, freight
or package delivery.
HB 12 is based on model legislation and has large bi-partisan
support in the House, he said.
3:42:28 PM
SENATOR KIM ELTON pointed to the exceptions listed on page 2,
lines 6-7, subparagraphs (A) and (B) and asked if climate
control would be covered.
REPRESENTATIVE GRUENBERG replied yes, definitely.
SENATOR ELTON asked, "What if you have equipment that does all
of (A) and (B)? Can the equipment only do (A) or only do (B)? It
can do (A) and (B) together?"
REPRESENTATIVE GRUENBERG replied it can do (A) or (B) or (A) and
(B) together. Mentioning a discussion with Senator Seekins he
said it's okay to have a TV monitor that can be seen by people
other than the driver.
CHAIR THERRIAULT asked about the current administrative
regulation limiting a driver's ability to view TV while driving.
REPRESENTATIVE GRUENBERG acknowledged there is regulation, but
it's only a violation and not a crime. The current penalty may
include points and up to a $300 fine. The purpose of HB 12 is to
beef it up.
SENATOR THOMAS WAGONER commented it only takes a momentary
distraction to cause a traffic fatality, but he wasn't sure how
far to go in childproofing the world.
SENATOR CHARLIE HUGGINS questioned whether this is a case in
which regulation isn't adequate.
REPRESENTATIVE GRUENBERG replied HB 12 strengthens the law and
makes offense a class A felony if it causes a death.
SENATOR HUGGINS asked if it would be okay to use a portable
computer to listen to audio.
REPRESENTATIVE GRUENBERG responded audio is acceptable; it's
visual that's prohibited.
SENATOR HUGGINS asked about the decision to exclude cell phones
because some would argue that those are equally distracting.
REPRESENTATIVE GRUENBERG replied the decision not to include
cell phones was political. That issue is complex enough to
warrant it being the subject of a separate bill. He noted that a
growing number of states are making it illegal to use a cell
phone while driving with a provisional license.
REPRESENTATIVE BOB LYNN, Co-sponsor, remarked this bill is
directed at visual devices and a cell phone is audio.
SENATOR HUGGINS questioned whether there has been more than one
documented case in Alaska in which it's suspected that viewing a
video device while operating a motor vehicle caused a fatality.
REPRESENTATIVE GRUENBERG directed attention to information in
the packets indicating that drivers have been observed watching
TV while driving. Under the provisions of HB 12 that behavior
alone would be a misdemeanor. The particular case in Alaska was
the first time in the country that someone was prosecuted for
homicide for the behavior. He suggested that as more displays
become available this will become a larger issue.
SENATOR HUGGINS brought up iPod use and aired the view that
there is a better case for prohibiting cell phone use while
driving than prohibiting video use while driving. He clarified
that he wasn't advocating such a ban.
REPRESENTATIVE GRUENBERG said former Representative Wolf
introduced a bill on that subject several years ago and it was
extremely controversial. He didn't want to burden HB 12 with
that issue.
SENATOR ELTON noted that the new iPods have a video screen and
he would assume that if you were listening to a music video you
would be committing a misdemeanor.
REPRESENTATIVE GRUENBERG answered it wouldn't be illegal unless
it's installed in the vehicle. There's a distinction between
portable equipment and devices that are installed in the
vehicle.
CHAIR THERRIAULT asked what the difference is between a portable
computer and an iPod with a video screen. Neither is attached to
the vehicle and each has a visual.
REPRESENTATIVE GRUENBERG responded he would consider it a
friendly amendment to insert mention of iPods as a prohibited
device.
CHAIR THERRIAULT asked whether the language that says, "or any
other similar means to create a visual display visible to the
person" might cover an iPod that's in a holder on the dashboard.
REPRESENTATIVE GRUENBERG said probably not; the courts read
criminal statutes narrowly to protect the accused. If it's not
attached or plugged in you couldn't say the vehicle has it. He
reiterated he didn't object to a redraft to broaden the bill.
SENATOR ELTON referenced subsection (d) on page 2, line 13 and
asked if a trooper vehicle would be considered an emergency
vehicle and therefore exempt even in nonemergency situations.
REPRESENTATIVE GRUENBERG replied absolutely; it's an authorized
emergency vehicle. Police cars, fire trucks and, ambulances
would be included. If the proposed amendment is adopted a tow
truck might qualify if it has a computer.
SENATOR ELTON asked whether a registered vehicle that belonged
to a private ambulance service would be considered an authorized
emergency vehicle.
REPRESENTATIVE GRUENBERG replied definitely and absolutely yes.
SENATOR HUGGINS asked if it would be illegal to read the
newspaper or the phonebook while driving.
REPRESENTATIVE GRUENBERG replied not under this bill.
REPRESENTATIVE LYNN chimed in that watching TV would be illegal.
REPRESENTATIVE GRUENBERG remarked the committee is focusing more
on the driver's behavior than what is in the vehicle, but he
wouldn't oppose an amendment to take the bill in that direction.
3:56:35 PM
DEAN PAUL, Alaska Yellow Cab Company, explained that his taxicab
company has been computerized since 1999. He characterized the
system as critical to the operation of the business and that if
HB 12 were to pass in its present form, it would likely put him
out of business. For that reason he asked the committee to amend
the bill to exempt dispatch services for taxicabs, delivery
services, and package deliveries.
CHAIR THERRIAULT mentioned the amendment and remarked the
proposed language would cover equipment in taxies and delivery
vehicles.
MR. PAUL added that the system he's advocating doesn't play
videos or TV rather, it's more like a gauge.
REPRESENTATIVE GRUENBERG read the proposed amendment UA.1 and
asked Mr. Paul if it would meet his needs. It would exclude:
"computerized equipment installed and used in commercial
vehicles with the principal design, configuration, and function
for use in vehicle dispatching exclusively for passenger
transport or freight or package delivery".
MR. PAUL replied he thought the language was satisfactory.
4:02:49 PM
MARTHA MOORE, Trauma Registry Coordinator in the Division of
Public Health, Department of Health and Social Services, stated
that the department supports HB 12 as an important contribution
in the ongoing effort to prevent serious injury to Alaskans. She
submitted vehicle accident data and reported that accidents
related to driver distraction and inattention are on the rise.
Thirty-eight other states have banned front seat entertainment
systems and twelve states have laws pertaining to TVs and
monitors in motor vehicles.
CHAIR THERRIAULT directed attention to page 2, line 14 and asked
for an opinion as to whether an existing statutory definition
should or could be referenced to clarify what "authorized
emergency vehicle" includes.
MS. MOORE said she would provide that information.
SENATOR WAGONER moved Amendment 1.
24-LS0058\UA.1
Luckhaupt
9/11/06
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 12(JUD)am
Page 2, line 3:
Insert "or"
Page 2, line 12, following "vehicle":
Insert "; or
(3) computerized equipment installed and used in
commercial vehicles with the principal design,
configuration, and function for use in vehicle dispatching
exclusively for passenger transport or freight or package
delivery"
SENATOR ELTON objected for the purpose of making a suggestion
and asking a question. First, he suggested a technical
correction on line 2 of the amendment changing "Insert" to
"Delete".
REPRESENTATIVE GRUENBERG agreed.
CHAIR THERRIAULT announced it to be a technical change and
directed members to pencil in the change.
4:07:22 PM
SENATOR ELTON asked if computerized equipment is too restrictive
because he wasn't sure whether "computerized" is an appropriate
adjective for a GPS system that provides a map.
REPRESENTATIVE GRUENBERG responded this was Mr. Paul's language
and if that word isn't included it could mean any kind of
equipment. He asked Mr. Paul to voice his opinion.
REPRESENTATIVE LYNN suggested it be changed to "electronic
equipment."
MR. PAUL said the term could be changed to "graphical."
SENATOR ELTON suggested, "display equipment."
REPRESENTATIVE GRUENBERG agreed that "display equipment" would
work.
SENATOR ELTON referenced the words "principal design" on line 7
of the amendment and questioned whether that might not open a
loophole.
REPRESENTATIVE GRUENBERG agreed with the suggestion to delete
the word "principal." He asked Mr. Paul to comment.
MR. PAUL replied that would probably be fine, but he would
suggest adding language to restrict the ability to play DVDs.
CHAIR THERRIAULT said he wanted to find out if a definition for
"emergency vehicle" exists in statute and whether it ought to be
referenced. Furthermore he preferred to work with the drafters
to incorporate the suggested changes into a committee substitute
before passing the bill on to the Judiciary Committee. He asked
if there were other issues.
SENATOR WAGONER asked about highway fatality data related to
other distractions such as cell phone use, book reading, and
personal care activity.
4:13:42 PM
MS. MOORE acknowledged that those statistics are available. In
fact she has heard that hand-free cell phone use while driving
quadruples the chance of a car crash. A 2002 Gallup survey found
that 22 percent of the causes leading to a crash were the result
of dealing with technology in the vehicle. That included cell
phones, beepers, in-car navigation systems, GPS, Internet, radio
and others. They all distract attention and put the driver at
higher risk for crashing, she said.
SENATOR WAGONER said that is his point. This bill addresses just
one item, but crashes are caused by a myriad of instances in
which other technology is used.
SENATOR ELTON encouraged the committee to address the issue of
an iPod with a video screen before moving the bill.
REPRESENTATIVE GRUENBERG asked the committee if he should draft
amendments.
CHAIR THERRIAULT said he would work on a CS through the
committee aide to: address the use of iPods, look for statutory
reference to emergency vehicle, and polish and incorporate the
pending amendment.
REPRESENTATIVE GRUENBERG asked if the committee wanted to
include cell phones in the CS.
CHAIR THERRIAULT said no he would rather maintain the current
focus.
CHAIR THERRIAULT announced he would hold HB 12 in committee.
There being no further business to come before the committee,
Chair Therriault adjourned the meeting at 4:19:38 PM.
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