Legislature(2005 - 2006)HOUSE FINANCE 519

03/01/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 408 DEFINITION OF CHILD ABUSE AND NEGLECT TELECONFERENCED
Scheduled But Not Heard
+ HB 338 CERTIF. OF FITNESS FOR EXPLOSIVE HANDLERS TELECONFERENCED
Moved CSHB 338(L&C) Out of Committee
+ HB 12 TVS AND MONITORS IN MOTOR VEHICLES TELECONFERENCED
Moved CSHB 12(FIN) Out of Committee
<Teleconference By Invitation Only>
Bills Previously Heard/Scheduled
HOUSE BILL NO. 12                                                                                                             
                                                                                                                                
     "An Act relating to televisions and monitors in motor                                                                      
     vehicles."                                                                                                                 
                                                                                                                                
Representative Stoltze  MOVED to ADOPT  the work draft  to HB
12, labeled 24-LS0058\N, Luckhaupt,  2/27/06.  Representative                                                                   
Kerttula OBJECTED.  She requested  an explanation for the new                                                                   
CS.                                                                                                                             
                                                                                                                                
REPRESENTATIVE BOB  LYNN, CO-SPONSOR, noted that  the bill is                                                                   
designed to prevent  people from watching TV  while driving a                                                                   
car.    He  explained  that the  CS  adds  a  provision  that                                                                   
requires the Division of Motor  Vehicles (DMV) to inform each                                                                   
person  issued  a driver's  license  about  the  restrictions                                                                   
listed in this bill.                                                                                                            
                                                                                                                                
1:49:56 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula asked if  the DMV could  handle this                                                                   
through regulation.  She noted  it was her understanding that                                                                   
the committee  did not like to  write intent language  into a                                                                   
bill.   She opposed changing the  title and leaving  the bill                                                                   
too broad.                                                                                                                      
                                                                                                                                
REPRESENTATIVE MAX  GRUENBERG, CO-SPONSOR,  stated opposition                                                                   
to the  new CS  because it establishes  an unwise  precedent.                                                                   
It  sets  up  a  situation  where  every  change  in  traffic                                                                   
regulations will  need a clause like  the one in the  new CS.                                                                   
There would also  be a need for a fiscal note.   Traffic laws                                                                   
are  established all  the time  without intent  clauses.   He                                                                   
insisted that it is not necessary.                                                                                              
                                                                                                                                
Representative Lynn argued that  the CS is needed because the                                                                   
information   should    appear   in   a    driver's   manual.                                                                   
Representative  Stoltze  brought  up  a  previous  technology                                                                   
discussion.    Representative Lynn  noted  that  the bill  at                                                                   
first appeared to be very simple  until one considers all the                                                                   
types of technology available.                                                                                                  
                                                                                                                                
Representative Joule asked if someone from DMV is present.                                                                      
                                                                                                                                
1:53:44 PM                                                                                                                    
                                                                                                                                
Representative  Joule also  asked if  the CS  could be  taken                                                                   
care of by regulation.                                                                                                          
                                                                                                                                
CLIFF HUSTEAD,  CHIEF CONSULTATION AND TRAINING,  DIVISION OF                                                                   
LABOR  STANDARDS   AND  SAFETY,   DEPARTMENT  OF   LABOR  AND                                                                   
WORKFORCE  DEVELOPMENT,  responded  that the  division  could                                                                   
immediately prepare a pamphlet  handout of this issue for the                                                                   
driver's  handbook.    He  said  he  couldn't  speak  to  the                                                                   
question of statute vs. regulation.   He pointed out that the                                                                   
department is prepared  to not send a fiscal note  if that is                                                                   
the committee's wish.                                                                                                           
                                                                                                                                
Representative  Kerttula   asked  when  the   next  scheduled                                                                   
driver's manual  is coming  out.  Mr.  Hustead said it  is in                                                                   
the process  right now.  After  that, one is printed  in July                                                                   
and  on the  shelf  in  September.   Representative  Kerttula                                                                   
noted that  the effective  date of the  bill is September  1.                                                                   
She inquired,  if the bill  passes, if  it could go  into the                                                                   
booklet.  Mr. Hustead said it could.                                                                                            
                                                                                                                                
1:56:06 PM                                                                                                                    
                                                                                                                                
Representative Kelly  inquired if there is  something broader                                                                   
based in  statute that would cover  this issue.   Mr. Hustead                                                                   
replied that  the question  would be  better answered  by the                                                                   
Department  of  Public  Safety  because  DMV  does  not  have                                                                   
enforcement authority.                                                                                                          
                                                                                                                                
Representative  Gruenberg  reported that  currently  it is  a                                                                   
violation to watch a DVD while  driving.  HB 12 would make it                                                                   
a felony, which must be adopted by statute, not regulation.                                                                     
                                                                                                                                
He  voiced  concern about  the  title,  "An Act  relating  to                                                                   
driver's licenses …".  He maintained  that there are a number                                                                   
of laws that  already address driver's licenses.   He said he                                                                   
does  not want  this  to be  a "predatory  fish"  bill.   The                                                                   
provision at the end is only for  a couple of months and will                                                                   
not make  any difference.  He  predicted that the  bill would                                                                   
be drastically changed throughout the process.                                                                                  
                                                                                                                                
Co-Chair Meyer wondered if an  amendment could be made if the                                                                   
CS were adopted.                                                                                                                
                                                                                                                                
Representative  Kerttula  suggested  a  letter of  intent  be                                                                   
written.  She MAINTAINED her OBJECTION.                                                                                         
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR:  Kelly, Stoltz, Foster, Holm, Meyer, Chenault                                                                         
OPPOSED:  Kerttula, Moses, Hawker, Joule                                                                                        
                                                                                                                                
The MOTION PASSED (6-4).                                                                                                        
                                                                                                                                
Co-Chair Chenault  asked for an explanation of  the exclusion                                                                   
of  the use  of a  GPS  in a  vehicle.   Representative  Lynn                                                                   
explained that  GPS devices serve  to determine  location and                                                                   
are no different  than a speedometer  or a fuel gauge.   They                                                                   
are just  another instrument and are  not similar to  a TV or                                                                   
DVD.                                                                                                                            
                                                                                                                                
2:04:29 PM                                                                                                                    
                                                                                                                                
Representative Holm requested  more information about Section                                                                   
1(2).   He opined there is  nothing wrong with  having visual                                                                   
information such as a GPS in the car.                                                                                           
                                                                                                                                
Representative  Stoltze  noted  that there  is  ever-evolving                                                                   
technology.  He thanked the sponsor  for the notification-of-                                                                   
public clause.   Representative Lynn replied that  it is only                                                                   
fair.                                                                                                                           
                                                                                                                                
Representative Joule  asked if adding Section  2 would create                                                                   
a  fiscal note.    Mr. Hustead  replied  that the  department                                                                   
would not be submitting a fiscal note for Section 2.                                                                            
                                                                                                                                
Representative  Kelly commented  that the  word "monitor"  is                                                                   
too   broad.      He   suggested   "television   or   similar                                                                   
entertainment device" might be more appropriate.                                                                                
                                                                                                                                
2:08:40 PM                                                                                                                    
                                                                                                                                
Representative  Gruenberg noted  that was  the intent  of the                                                                   
bill.  The industry suggested  the words "video monitor".  He                                                                   
suggested  inserting the word  "entertainment" before  video.                                                                   
Representative   Kelly   expressed    discomfort   with   the                                                                   
definitions.   Representative  Gruenberg  and  Representative                                                                   
Lynn both agreed that inserting  "entertainment" would be ok.                                                                   
                                                                                                                                
Representative  Stoltze  countered that  he  is  not sure  it                                                                   
solves the problem.   He pointed out that it  is difficult to                                                                   
predict technology.                                                                                                             
                                                                                                                                
Representative    Hawker   echoed   Representative    Kelly's                                                                   
sentiments.   He expressed concern  about generic  terms such                                                                   
as "or any other  similar means" to create  a visual display.                                                                   
He noted that his watch is a visual  display.  He wondered if                                                                   
an iPod is ok.   He questioned if the crime  is worth a class                                                                   
A felony.   He  stressed that  the bill  is problematic.   He                                                                   
concurred with Representative Kelly's concerns.                                                                                 
                                                                                                                                
2:12:51 PM                                                                                                                    
                                                                                                                                
Representative Kerttula requested a legal opinion.                                                                              
                                                                                                                                
ANNE CARPENETI, ASSISTANT   ATTORNEY  GENERAL, LEGAL SERVICES                                                                   
SECTION-JUNEAU, CRIMINAL  DIVISION, DEPARTMENT OF  LAW, spoke                                                                   
to  the  question  about  iPods  with  video  screens.    She                                                                   
suggested that the bill must look  closely at each technology                                                                   
separately   and  consider   if  it   is  a  video   monitor.                                                                   
Representative Kerttula summarized  that if there is no video                                                                   
screen, there is  no problem.  She suggested  that a criminal                                                                   
court would  look at each  situation carefully  and strictly.                                                                   
Ms.  Carpeneti   agreed  that  the  court  would   favor  the                                                                   
defendant.                                                                                                                      
                                                                                                                                
Representative Hawker asked why  cell phones aren't included.                                                                   
Ms. Carpeneti  pointed out that  these are policy  questions,                                                                   
not legal questions.                                                                                                            
                                                                                                                                
Representative Kerttula MOVED to ADOPT Amendment 1:                                                                             
                                                                                                                                
     Page 1, line 1: Delete "To driver's licenses and"                                                                          
     Page 1, line 2, following "vehicles;":                                                                                     
     Insert  "requiring   that  persons  issued   a  driver's                                                                   
     license   be  informed  of   certain  restrictions   and                                                                   
     requirements concerning televisions,  monitors, portable                                                                   
     computers, and similar devices in motor vehicles;"                                                                         
                                                                                                                                
Representative Stoltze OBJECTED for discussion purposes.                                                                        
                                                                                                                                
Representative Kerttula explained  that the amendment changes                                                                   
the  title and  has the  direction  to the  DMV in  it.   She                                                                   
deemed it necessary because the CS has been adopted.                                                                            
                                                                                                                                
2:17:54 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  noted the  difference in  opinion by  the two                                                                   
sponsors regarding the title.                                                                                                   
                                                                                                                                
Representative Stoltz MAINTAINED his OBJECTION.                                                                                 
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR:  Kerttula, Moses, Foster, Hawker, Joule                                                                               
OPPOSED:  Stoltze, Holm, Kelly, Chenault, Meyer                                                                                 
                                                                                                                                
The MOTION FAILED (5-5).                                                                                                        
                                                                                                                                
2:20:09 PM                                                                                                                    
                                                                                                                                
Representative Foster  MOVED to REPORT  CSHB 12 (FIN)  out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying zero  fiscal notes.   There being  NO OBJECTION,                                                                   
it was so ordered.                                                                                                              
                                                                                                                                
CSHB  12 (FIN)  was  REPORTED  out of  Committee  with a  "no                                                                   
recommendation"  and  with  new  zero  fiscal  notes  by  the                                                                   
Department of Administration,  the Department of Law, and the                                                                   
Department of Public Safety.                                                                                                    
                                                                                                                                

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