Legislature(2009 - 2010)CAPITOL 17
03/18/2010 01:00 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB226 | |
| HB261 | |
| HB262 | |
| HB257 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 226 | TELECONFERENCED | |
| *+ | HB 261 | TELECONFERENCED | |
| *+ | HB 262 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 257 | TELECONFERENCED | |
HB 257-BAN CELL PHONE USE WHEN DRIVING
CHAIR P. WILSON announced that the final order of business would
be HOUSE BILL NO. 257, "An Act relating to prohibiting the use
of cellular telephones when driving a motor vehicle; and
providing for an effective date."
2:47:57 PM
CHAIR P. WILSON explained that HB 257 has had two prior hearings
and four amendments have previously been adopted. Amendment 1
changed the bill to apply only to hand-held devices. Amendment
2 added an effective date clause. Amendment 3 defined emergency
use and Amendment 4 made use of a cell phone while driving a
vehicle a secondary offense. Members previously asked for time
to review the studies in members' packets.
2:48:26 PM
REPRESENTATIVE MUNOZ moved to adopt the proposed committee
substitute (CS) for HB 257, labeled 26-LS1104\S, Luckhaupt,
3/18/10 as the working document.
REPRESENTATIVE T. WILSON objected for the purpose of discussion.
2:49:16 PM
REPRESENTATIVE GRUENBERG noted that Amendment 2 deleted the
effective date. He referred to the language for Amendment 2,
labeled, 26-LS 1104\E.2, Luckhaupt, 2/19/10, which read:
Page 1, line 2:
Delete "; and providing for an effective date"
Page 1, line 13:
Delete all material.
2:49:47 PM
REPRESENTATIVE T. WILSON related that one of the prior questions
asked how many cell phones are currently used by the DOT&PF and
the impact this bill would have on the department. She noted
that the fiscal note does not show the fiscal effect on
government.
CHARLES BOYLE, Staff, Representative Mike Doogan, Alaska State
Legislature, stated that the bill has a zero fiscal note from
the Department of Law, which is the only fiscal note received on
the bill.
2:50:27 PM
REPRESENTATIVE T. WILSON asked for the impact and the frequency
of use that cell phones are used in vehicles on a daily basis.
She further asked if the phones would not be used any longer
what kind of impact it would have on the DOT&PF.
MR. BOYLE explained that with the hands-free provision in the
bill, people can use cell phones while driving, but would need a
hands-free device to do so.
2:51:07 PM
REPRESENTATIVE MUNOZ asked whether the trucking industry
supports the bill with the hands-free provision that was added
to the bill.
MR. BOYLE stated that he has not spoken to the trucking industry
since the last amendment to the bill was passed. He offered his
belief that they just wanted to be able to cell phones and the
hands-free exception would allow cell phone use. He stated that
many companies are moving towards a ban on personal cell phone
use.
2:51:48 PM
REPRESENTATIVE T. WILSON asked for the reason that existing
statutes on distraction do not cover these types of things.
MR. BOYLE offered since HB 257 designates cell phone use as a
secondary offense, that police officers would not stop
individuals for cell phone use. In the event that a driver
commits a primary offense, such as runs a red light while
talking on a cell phone, the person could be cited. He stated
that the bill is more specific to distraction for cell phone
use.
2:52:20 PM
REPRESENTATIVE MUNOZ asked whether the typical communication on
the "Haul Road" is by cell phone.
MR. BOYLE recalled the Alaska Trucking Association previously
indicated that truck drivers usually use radios since the cell
phone reception is "spotty" on the "Haul Road."
2:52:41 PM
REPRESENTATIVE JOHANSEN asked for clarification on the fiscal
note.
MR. BOYLE responded that the only fiscal note is a zero fiscal
note from the Department of Law.
2:53:08 PM
CHAIR P. WILSON stated that she would like to pass this bill
out. She offered to hold it to check on a DOT&PF fiscal note.
REPRESENTATIVE GRUENBERG pointed out that the bill has a
referral to the House Judiciary Standing Committee. He offered
to ensure that the fiscal note from the DOT&PF would be
considered.
2:53:58 PM
REPRESENTATIVE PETERSEN expressed concern that a citizen's band
(CB) radio might be defined as a cell phone. He recalled the
Alaska Trucking Association suggested excluding "push to talk"
radios, which are often used in areas such as the Dalton Highway
since that area does not have cell phone towers. Perhaps the
next committee of referral could consider this.
REPRESENTATIVE GRUENBERG agreed.
2:54:34 PM
REPRESENTATIVE T. WILSON offered that she does not feel
comfortable without knowing the facts. She stated she would
like to know the impact on government. She offered her belief
that the bill impacts government.
CHAIR P. WILSON related that if a fiscal note is added to the
bill that it would automatically have a referral to the House
Finance Committee.
REPRESENTATIVE T. WILSON said she thought the committee should
look at the bill "as a whole."
CHAIR P. WILSON stated that she believes that the House
Transportation Standing Committee is a policy committee. While
the committee does look at the fiscal impact, the primary
emphasis is on policy. She indicated her intent to move the
bill.
REPRESENTATIVE T. WILSON suggested that this is a policy call
since the bill would affect not only the fiscal impact, but
communication throughout the agencies that currently use cell
phones.
REPRESENTATIVE JOHANSEN said he thought that the jurisdiction on
the fiscal note is the House Finance Committee as well as the
House Judiciary Standing Committee, since the courts fall under
its purview. He said he felt comfortable moving the bill out of
committee. He asked about the comments made about the Alaska
Trucking Association. He asked whether the comments were based
on testimony.
CHAIR P. WILSON commented that members should have a letter in
their packet.
REPRESENTATIVE PETERSEN related that he is not representing the
Alaska Trucking Association. He recalled receiving a memo from
the organization so he brought their comments to the attention
of the committee.
2:58:00 PM
REPRESENTATIVE GRUENBERG, in response to Chair Wilson, related
that the memo referred to was from Aves Thompson, Alaska
Trucking Association to Cindy Cashen, Alaska Highway Safety
Office (AHSO). He reiterated their suggestion that perhaps
language on a "push to talk" device could clarify the allowable
use of such devices, especially along the Dalton Highway. He
offered to bring the matter to the attention of the House
Judiciary Standing Committee since he is a member of the
committee.
REPRESENTATIVE JOHANSEN, in response to Representative
Gruenberg, explained that he relies on the committee process to
provide the fiscal impact. He maintained that if a bill has a
fiscal impact to an agency, the bill will receive a House
Finance Committee referral. He pointed out that the process
works.
2:59:26 PM
REPRESENTATIVE GRUENBERG offered to work with the sponsor and
Mr. Thompson on the bill.
2:59:56 PM
REPRESENTATIVE T. WILSON removed her objection.
REPRESENTATIVE MUNOZ moved to report the proposed committee
substitute (CS) HB 257 labeled 26-LS1104\S out of committee with
individual recommendations and the accompanying fiscal note from
the Department of Law.
REPRESENTATIVE T. WILSON objected. She said she believed that
there are laws on distraction. This is just another way
government intrudes and will not result in any safer drivers.
REPRESENTATIVE GRUENBERG related that to "deal with the
infraction for distraction" requires proof of distraction. This
bill would make it against the law to use the hand held cell
phone and will not require proof to show the person was
distracted. He related it is very difficult to prove
distraction and HB 257 would make it clear that it is against
the state's policy while using a hand held phone. He said he
hoped the committee would move the bill.
REPRESENTATIVE T. WILSON maintained her objection. She stated
that she read all of the information presented on states with
bans on cell phones. She said she was not convinced people
would be safer if the bill passed.
REPRESENTATIVE JOHANSEN supported moving the bill along although
he did not support the bill's concept.
3:03:07 PM
A roll call vote was taken. Representatives Johansen, Munoz,
Petersen, Gruenberg, and P. Wilson voted in favor of reporting
HB 257, labeled 26-LS1104\S, Luckhaupt, 3/18/10 from committee.
Representatives T. Wilson voted against it.
Therefore, CSHB 257(TRA) was reported out of the House
Transportation Standing Committee by a vote of 5-1.
CHAIR P. WILSON announced that the CSHB 257(TRA) was reported
out of the House Transportation Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| hb 261 sponsor stmt.pdf |
HTRA 3/18/2010 1:00:00 PM |
HB 261 |
| HB 262 sponsor stmt.pdf |
HTRA 3/18/2010 1:00:00 PM |
HB 262 |
| HB226 sponsor Stmt.pdf |
HTRA 3/18/2010 1:00:00 PM |
HB 226 |
| HB226 Backup.pdf |
HTRA 3/18/2010 1:00:00 PM |
HB 226 |
| HB262 Backup.pdf |
HTRA 3/18/2010 1:00:00 PM |
HB 262 |
| HB261 backup.pdf |
HTRA 3/18/2010 1:00:00 PM |
HB 261 |
| CSHB261ver R.pdf |
HTRA 3/18/2010 1:00:00 PM |
HB 261 |