Legislature(2005 - 2006)

04/22/2005 02:48 PM House FIN


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* first hearing in first committee of referral
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HOUSE BILL NO. 12                                                                                                             
                                                                                                                                
     An Act relating to televisions and monitors in motor                                                                       
     vehicles.                                                                                                                  
                                                                                                                                
*REPRESENTATIVE   MAX  GRUENBERG,  SPONSOR,   noted  that  the                                                                  
purpose  of  the  bill  is  to  prevent   operators  of  motor                                                                  
vehicles  from  watching  television,  video,  and  any  other                                                                  
programming, making  it a crime.  Furthermore,  the bill would                                                                  
make it a  crime to install a  device capable of being  viewed                                                                  
while the vehicle was in operation.                                                                                             
                                                                                                                                
Representative Gruenberg provided a sectional analysis:                                                                         
                                                                                                                              
   ·    Section 1 amends AS 28.35, adds a new section.                                                                          
   ·    Paragraph (a) sets forth the general rule that a                                                                        
        person  shall   not  drive   a  motor  vehicle   while                                                                  
        watching television  or video.   The  elements of  the                                                                  
        crime  of  "driving  with  a  screen   operating"  are                                                                  
        enumerated.                                                                                                             
   ·    Paragraph  (b)  prohibits  installing  or  altering  a                                                                  
        video display  in a motor vehicle  that can  be viewed                                                                  
        by the  driver  while  the  vehicle  is moving.    The                                                                  
        paragraph goes  on to provide  for specified  means of                                                                  
        disabling the equipment lawfully.                                                                                       
   ·    Paragraph (c)     provides specific exemptions  to the                                                                  
        general  rule  including  cell  phones  and  equipment                                                                  
        that are  in  the nature  of  aides to  navigation  or                                                                  
        operation.                                                                                                              
   ·    Paragraph (d)  makes  it clear  that the  bill is  not                                                                  
        intended   to  cover   equipment   installed   in   an                                                                  
        emergency   vehicle   or   motor   vehicle   providing                                                                  
        emergency service or roadside assistance.                                                                               
   ·    Paragraph  (e) establishes  an affirmative  defense so                                                                  
        long as proper equipment is installed.                                                                                  
   ·    Paragraph (f)  prescribes the types  of crimes  that a                                                                  
        person  who is  in  violation  of  the law  will  face                                                                  
        under  various  circumstances  including   injury  and                                                                  
        death of another.                                                                                                       
   ·    A person who violates the law is guilty of -                                                                            
     (1) Class A misdemeanor;                                                                                                   
     (2) Class C felony if as a result of that violation                                                                        
        another person suffers a physical injury;                                                                               
     (3) Class B felony if as a result of that violation                                                                        
        another person suffers a serious physical injury;                                                                       
     (4) Class A felony if as a result of that violation                                                                        
        another person suffers death.                                                                                           
   ·    Paragraph (g) prescribes  the crime and punishment  of                                                                  
        a person who  installs equipment  in violation  of the                                                                  
        law.                                                                                                                    
   ·    Section 2  of the bill  sets forth  an effective  date                                                                  
        of September 1, 2005.                                                                                                   
                                                                                                                                
Representative  Gruenberg offered to  answer questions  of the                                                                  
Committee.                                                                                                                      
                                                                                                                                
4:15:50 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  worried  about the  future  of  utility                                                                  
trucks using  screens in  their vehicles.   He cautioned  that                                                                  
the  legislation could  be too  restrictive.   He  anticipated                                                                  
that future  cabs, police cars  and utility trucks  could have                                                                  
"stuff" blocked by the legislation.                                                                                             
                                                                                                                                
Representative  Gruenberg  pointed  out that  those  types  of                                                                  
concern would be  exempted in language on Page  2, Lines 5-13,                                                                  
and  was language  specifically added  at the  request of  the                                                                  
industry.  Navigational  and vehicle equipment  must be legal.                                                                  
Representative  Gruenberg emphasized  that a  lot of  time had                                                                  
been taken to address those concerns adequately.                                                                                
                                                                                                                                
4:18:38 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze mentioned  police  "ride-a-longs" in  cars                                                                  
with digital  screens  and computers,  and was concerned  that                                                                  
the legislation  would affect that.   Representative Gruenberg                                                                  
stated  that  there  was  nothing  included  regarding  police                                                                  
and/or emergency printouts.                                                                                                     
                                                                                                                                
Representative  Croft   thought  that  language   on  Page  2,                                                                  
Subsection   (D),   Lines  14-16,   equipment   installed   in                                                                  
"authorized  emergency  vehicles"  would  address  Vice  Chair                                                                  
Stoltze concerns.                                                                                                               
                                                                                                                                
4:20:33 PM                                                                                                                    
                                                                                                                                
Representative Gruenberg offered  new language for authorizing                                                                  
specific vehicle exemptions.                                                                                                    
                                                                                                                                
Representative Kelly was worried  about all the "common sense"                                                                  
being excluded through language in the bill.                                                                                    
                                                                                                                                
Representative Hawker  agreed that the legislation  could lead                                                                  
the State  down a "dangerous  road by restricting  some common                                                                  
sense  language".   He asked  if  the prohibition  makes it  a                                                                  
crime to drive  with a screen or "visible  display", and about                                                                  
hand held devices.                                                                                                              
                                                                                                                                
Representative  Gruenberg  responded  that  it  would  be  any                                                                  
device installed  and visible  to the driver  while operating.                                                                  
Representative  Hawker thought a  more dangerous  device could                                                                  
be a handheld one.                                                                                                              
                                                                                                                                
4:24:16 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze indicated his  concerned with the impact of                                                                  
the legislation on hand held devices.                                                                                           
                                                                                                                                
Representative Kelly asked if  there was something in the bill                                                                  
that could address "basic speed".                                                                                               
                                                                                                                                
4:25:48 PM                                                                                                                    
                                                                                                                                
Representative  Gruenberg  responded  that the  original  bill                                                                  
would have  made it illegal to  watch a screen  while driving,                                                                  
which would  be difficult to  prove.  In the  current version,                                                                  
it would be illegal to drive  while on and in a position to be                                                                  
viewed.   That  could  be negligent  driving.   The  penalties                                                                  
recommended track  the ones cited  for traffic homicides.   He                                                                  
hoped the legislation would save lives.                                                                                         
                                                                                                                                
4:27:18 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault  understood  the  intent.    He  referenced                                                                  
Section 1  (3), "monitor or  visual display operating  while a                                                                  
person is  driving".  He asked  about driving maps  located on                                                                  
car  dashboards.   Representative  Gruenberg  pointed out  the                                                                  
exempted  items listed  on Page  2,  which include  navigation                                                                  
equipment.  The legislation was  based on model law drafted by                                                                  
the  industry.   Co-Chair  Chenault  thought  the  legislation                                                                  
would  single  out   a  small  amount  of   equipment  and  as                                                                  
technology increases, there would be more accidents.                                                                            
                                                                                                                                
Representative  Kelly mentioned  cameras  for  blind spots  on                                                                  
huge trucks.   He warned that the bill attempts  to be modern,                                                                  
but submitted  that because of the technological  movement, it                                                                  
could be outdated soon.                                                                                                         
                                                                                                                                
4:32:25 PM                                                                                                                    
                                                                                                                                
Representative Gruenberg  commented there would only  be a few                                                                  
cases prosecuted under the proposed  law.  The situation could                                                                  
be difficult  to prove, however,  the legislation  attempts to                                                                  
clarify that if proven, there is punishment.                                                                                    
                                                                                                                                
Representative  Croft  thought  that  the  area  mentioned  by                                                                  
Representative Kelly  was Section (E), Page 2,  exceptions for                                                                  
providing visual information.   He concurred with the question                                                                  
if the legislation was the correct  approach and questioned if                                                                  
it was right  to categorically define negligence  with the use                                                                  
of equipment.   He said that  is what juries are  for, to hear                                                                  
and listen to those concerns.   He supported making it illegal                                                                  
to attach TVs in cars.                                                                                                          
                                                                                                                                
ANNE CARPENETI,  ASSISTANT   ATTORNEY GENERAL,  LEGAL SERVICES                                                                  
SECTION-JUNEAU,   CRIMINAL   DIVISION,  DEPARTMENT   OF   LAW,                                                                  
acknowledged it was  difficult to write the  legislation.  She                                                                  
interpreted  a police vehicle  as an  emergency vehicle.   The                                                                  
Department of Law does support the legislation.                                                                                 
                                                                                                                                
Ms. Carpeneti  pointed  out that the  penalties track  various                                                                  
ones  already  existing  within  the  judicial  system.    She                                                                  
acknowledged  that proof  would be  difficult  and offered  to                                                                  
answer questions.                                                                                                               
                                                                                                                                
4:38:15 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  inquired   what  law  currently  covers                                                                  
these  concerns.   Ms. Carpeneti  explained that  the case  in                                                                  
Kenai  was prosecuted  as  manslaughter,  which  is any  death                                                                  
caused intentionally or recklessly that amounts to murder.                                                                      
                                                                                                                                
Representative   Croft  voiced  concerned  with   categorizing                                                                  
recklessness.   The device  was installed  and operating.   If                                                                  
the driving caused  the death of another, he asked  the causal                                                                  
link between  the conduct  of concern and  that which  lead to                                                                  
the injury or death.                                                                                                            
                                                                                                                                
4:40:47 PM                                                                                                                    
                                                                                                                                
Representative  Gruenberg noted  that there  could be  unusual                                                                  
circumstances  and if there were,  he doubted that  the person                                                                  
would  be prosecuted.   It would  be impossible  to prove  the                                                                  
"watching".                                                                                                                     
                                                                                                                                
4:42:06 PM                                                                                                                    
                                                                                                                                
Representative  Holm  asked  about   "altering  the  vehicle".                                                                  
Representative  Gruenberg replied that  would be  indicated in                                                                  
Subsection  (B), Page 1,  Line 14,  which is  not currently  a                                                                  
crime.   Representative Holm commented  on good common  sense,                                                                  
pointing  out  how  reckless  endangerment   and  driving  are                                                                  
already covered in law.                                                                                                         
                                                                                                                                
4:44:16 PM                                                                                                                    
                                                                                                                                
Representative   Gruenberg  agreed   that   the  State   could                                                                  
eliminate  all   laws  except  for  the  basic   speed  limit;                                                                  
however, the  reason that there  are other laws is  to provide                                                                  
basic certainty.  Not everyone has good common sense.                                                                           
                                                                                                                                
Vice-Chair  Stoltze inquired  if the Department  of Law  would                                                                  
have  taken the  approach proposed  in the  legislation.   Ms.                                                                  
Carpeneti pointed  out that Paragraph 2, Lines  9-11, does not                                                                  
close the door  to similar means.  It is difficult  to specify                                                                  
different   types  of   technology  and   that  the   proposed                                                                  
legislation  includes  other   means  of  creating  a  visible                                                                  
display.    She summarized  that  the  Department  would  have                                                                  
crafted and does support the legislation.                                                                                       
                                                                                                                                
4:46:54 PM                                                                                                                    
                                                                                                                                
HB 12 was HELD in Committee for further consideration.                                                                          
                                                                                                                                
4:47:35 PM                                                                                                                    
                                                                                                                                

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