04/20/1995 02:08 PM House HES

 HB 229 - PROHIBIT LOUD VEHICLE SOUND SYSTEMS                                
                                                                               
 Number 429                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG, sponsor of the bill, said that noise is a            
 form of pollution and a potential health hazard.  He felt the bill            
 should be approved based on the fact that it endeavors to alleviate           
 that problem in one instance.                                                 
                                                                               
 CO-CHAIR BUNDE asked to speak to the bill as someone who was                  
 trained as a speech and hearing therapist.  He is well aware of the           
 damage that excessive noise can and has done to many people.  He              
 felt much noise damage is self-inflicted by young people at times.            
 He also mentioned the psychological irritation due to excessive               
 noise.  He felt this bill was a good measure for protecting young             
 people and protecting the sanity of the older people.                         
                                                                               
 CO-CHAIR TOOHEY asked about the penalties for violating the                   
 provisions of the bill, and who is going to police the provisions.            
                                                                               
 REPRESENTATIVE ROKEBERG said the bill provides for an infraction              
 only.  It would be enforced by the state police and the law                   
 enforcement agencies of the various jurisdictions.  The Anchorage             
 Municipal Police Department has a municipal code already                      
 prohibiting this type of infraction.                                          
                                                                               
 CO-CHAIR TOOHEY noted the sponsor statement says that the violation           
 of this provision is an infraction not considered a criminal                  
 offense and does not add points against the person's driving                  
 record.  She asked what the provision does to stop this behavior.             
                                                                               
 REPRESENTATIVE ROKEBERG said it was a function of the state                   
 statute.  The state statute stipulates that there only be a fine up           
 to $300--that is the provision for infraction under Alaska Statute.           
 Representative Rokeberg said the alternative would have been to               
 create a misdemeanor offense, and Representative Rokeberg did not             
 feel that was appropriate.                                                    
                                                                               
 Number 638                                                                    
                                                                               
 REPRESENTATIVE DAVIS said he did not have a problem with the bill,            
 although he felt the reasons for the bill may be wrong.  He has not           
 heard any of these sound systems that are louder than most other              
 things one runs into throughout the community.  However, he thinks            
 the issue is one of insensitivity.  The excess noise is a nuisance.           
 In addition, Representative Davis felt that those who install the             
 systems also need to be penalized.  Those who install systems, just           
 as those who don't adequately tune up automobiles for their proper            
 emissions, can get their licenses taken away.  That is an issue               
 that also needs to be addressed at some time.                                 
                                                                               
 REPRESENTATIVE ROKEBERG ventured to say that the first amendment              
 does not extend to installers.  He did not think the amendment                
 would be possible to extend.                                                  
                                                                               
 CO-CHAIR BUNDE said perhaps the problem would cure itself.  If                
 there was no demand, they would be no supply.                                 
                                                                               
 REPRESENTATIVE BRICE said he has a car with a stock radio in it.              
 He cannot tell if it is being heard outside the car or not.  He               
 asked how one would be able to tell if their sound system was                 
 "offensive."    He asked if "audible" meant right next to the car,            
 or 5 feet from the car, or 25-feet from the car.  He asked for                
 discussion on those topics.                                                   
                                                                               
 Number 817                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG noted for the information of the committee            
 that a review of the various statutes throughout the country and a            
 number of states that have similar statutes have provided                     
 information that is being used by the sponsor of the bill.  He is             
 working on an appropriate amendment to overcome this grey area when           
 the bill reaches Judiciary.  Representative Rokeberg said he is               
 attempting to gather some empirical evidence to determine between             
 a 50 and 100 foot radius as opposed to the other measurements of              
 sound that can be utilized.                                                   
                                                                               
 CO-CHAIR BUNDE suggested wording to the effect of "audible outside            
 a car that causes a public disturbance."  If someone is driving by            
 50 feet away and the ground is shaking, that is a problem.                    
                                                                               
 CO-CHAIR TOOHEY asked if Representative Rokeberg had considered               
 mentioning if the window of the vehicle was open or closed.  Co-              
 Chair Toohey sometimes cranks up her stereo on the highway.  She              
 stated that this was somewhat different than those who drive                  
 through neighborhoods causing a disturbance.  If the window is                
 closed and the car is moving, the noise is not bothering her.  It             
 may be damaging the car owner's hearing, but it is not bothering              
 her.  When the windows are open, then it bothers her.                         
                                                                               
 Number 927                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG said her point was well taken, and that is            
 why the radius was being researched.  Representative Rokeberg seeks           
 to provide a standard of reasonableness.  There is no intent to               
 inhibit the utilization of any sound system.  It is only when it              
 becomes a nuisance that he seeks to curb the problem.  In addition,           
 there are certain situations in which emergency vehicles cannot be            
 heard due to the noise from the car next to you.  In certain urban            
 areas, this can be a real problem.                                            
                                                                               
 REPRESENTATIVE ROKEBERG also looks at this bill as another tool of            
 law enforcement.  The significant gang activities in Anchorage may            
 allow the law enforcement agencies to investigate probable cause              
 for enforcement.  The main thing, however, is the noise.  This is             
 a "neighborhood friendly" bill.  Representative Rokeberg assured              
 HESS Committee members that the bill was going to be modified in              
 the Judiciary Committee to alleviate concerns.                                
                                                                               
 Number 989                                                                    
                                                                               
 REPRESENTATIVE ROBINSON said she was curious.  She was somewhat               
 incredulous that there was not anything on the books regarding                
 noise pollution.  She knew of cases in which police visit houses              
 only because children are playing their stereos or their bands too            
 loud.  Those individuals are ticketed for noise pollution.  She               
 felt the HESS Committee members and the legislature have more                 
 important things to do.                                                       
                                                                               
 REPRESENTATIVE ROBINSON did not feel the issue was in need of                 
 legislation.  She felt the police, with already existing laws,                
 could act if a problem was evident.                                           
                                                                               
 REPRESENTATIVE ROKEBERG responded that Americans spend literally              
 billions of dollars each year to try and abate noise.  Noise is               
 scientifically recognized as being a pollution problem.  Then                 
 someone thinks he/she has a right to install a thousand dollar                
 speaker system in their automobile and disturb the peace.  That is            
 not right.                                                                    
                                                                               
 CO-CHAIR TOOHEY noted that Anchorage has its own ordinance.                   
 Therefore, she asked if the scope of the bill would not include               
 Anchorage, as the state police do not cover Anchorage.  Anchorage             
 is covered by the municipal police.  She asked if there are other             
 cities within Alaska that have similar laws on their books.                   
                                                                               
 SHIRLEY ARMSTRONG, Legislative Assistant, Representative Rokeberg's           
 office, said she checked with the Juneau Police Department, and               
 Juneau does not have a vehicle noise ordinance like the city of               
 Anchorage does.  Juneau has a nuisance/disturbance noise provision.           
 That is a misdemeanor.  Therefore, the problem would have to be               
 pretty prevalent in order for the police to intervene.                        
                                                                               
 CO-CHAIR TOOHEY asked if Ms. Armstrong checked with Fairbanks, and            
 she answered no.                                                              
                                                                               
 MS. ARMSTRONG said a resident of Kotzebue called in favor of the              
 bill.  When Ms. Armstrong asked if this type of "noise pollution"             
 was a problem in Kotzebue, the person said no, not yet.                       
                                                                               
 Number 1160                                                                   
                                                                               
 REPRESENTATIVE DAVIS said in discussions with contract jails, it              
 has been discovered that city cops around the state are arresting             
 people under state law, and it is the state's responsibility to pay           
 for all that.  Every city, except Anchorage, in the state of Alaska           
 that has a police department and arrests people does so under state           
 law.  HB 229 creates yet another state law.  Representative Davis             
 did not have a problem with that, as what is going to have to                 
 happen is an automatic conversion to all state laws.  Local                   
 municipalities are going to have to start covering the costs, and             
 let their police make arrests.  Then it would be that                         
 municipality's arrests and court costs, to a degree.                          
                                                                               
 REPRESENTATIVE DAVIS said the $6 million figure that is currently             
 being paid out needs to be considered.  If municipalities can                 
 handle these issues on their own, the legislature needs to make               
 sure they have that opportunity.  However, again Representative               
 Davis said he did not have a problem with this bill as it is very             
 inconsiderate of people to have obnoxious sound systems.                      
                                                                               
 REPRESENTATIVE BRICE stated for the record, "If it's too loud,                
 you're too old."  Co-Chair Bunde said "Amen."                                 
                                                                               
 Number 1243                                                                   
                                                                               
 REPRESENTATIVE DAVIS moved HB 229 from committee with individual              
 recommendations and accompanying fiscal notes.  There were no                 
 objections and the bill moved.