Legislature(2005 - 2006)CAPITOL 120
04/06/2005 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB12 | |
| HB33 | |
| HB205 | |
| HB94 | |
| SB105 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 12 | TELECONFERENCED | |
| + | HB 33 | TELECONFERENCED | |
| *+ | HB 205 | TELECONFERENCED | |
| += | HB 94 | TELECONFERENCED | |
| + | SB 105 | TELECONFERENCED | |
| + | HB 183 | TELECONFERENCED | |
| + | SB 36 | TELECONFERENCED | |
| += | HB 150 | TELECONFERENCED | |
| + | HB 152 | TELECONFERENCED | |
HB 12 - TVS AND MONITORS IN MOTOR VEHICLES 1:57:34 PM CHAIR McGUIRE announced that the first order of business would be HOUSE BILL NO. 12, "An Act relating to televisions and monitors in motor vehicles." [Before the committee was CSHB 12(STA).] REPRESENTATIVE GRUENBERG, speaking as one of the prime sponsors, referred to the proposed committee substitute (CS) for HB 12, Version 24-LS0058\X, Luckhaupt, 4/5/05, which contained a handwritten alteration to page 1, line 11 - changing "a" to "the". He indicated that the Department of Law (DOL) has also suggested that Version X be altered such that what is currently subsection (a)(2) becomes subsection (a)(1), and what is currently subsection (a)(1) becomes subsection (a)(2). REPRESENTATIVE GRUENBERG made a motion to adopt Version X with both the handwritten alteration and the change suggested by the DOL as the work draft. There being no objection, Version X, as amended, was before the committee. REPRESENTATIVE GRUENBERG indicated that Version X, as amended, incorporates some suggestions made by the DOL and various other parties, and that some suggested changes were not made to Version X because the drafter has assured him that such changes are not necessary, either because of language already in Version X or because of language currently in statute. 1:59:31 PM ANNE CARPENETI, Assistant Attorney General, Legal Services Section-Juneau, Criminal Division, Department of Law (DOL), said that the DOL worked extensively with the sponsor with the goal of clarifying the language such that it conforms to Alaska's drafting style, and removing unnecessary language. She noted that with the DOL's aforementioned suggested change incorporated into Version X, as amended, a conforming change must also be made to page 1, line 13. REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1, changing "(a)(1)" to "(a)(2)" on page 1, line 13. There being no objection, Amendment 1 was adopted. MS. CARPENETI said that the DOL supports [the bill]. REPRESENTATIVE GRUENBERG noted that it can be very difficult to determine whether the driver of a vehicle is actually watching an entertainment system while car is being driven; for this reason, the bill applies if the entertainment system can be viewed by the driver, the entertainment system is on, and the car is being driven. He offered his understanding that the penalties proposed in the bill track current penalties for a number of existing crimes. MS. CARPENETI added that watching a video while operating a motor vehicle would be considered reckless conduct - knowing a risk exists and disregarding it. Such behavior, if it causes the death of another person, would be a class A felony under the bill; this corresponds to the crime of manslaughter, which she characterized as a reckless killing that is also a class A felony. She said that the other penalties provided for in the bill track the homicide statutes in Title 11. For example the aforementioned behavior, if it causes serious physical injury to another person, would be a class B felony, just like the crime of assault in the second degree. REPRESENTATIVE DAHLSTROM asked whether the issue of passengers watching a video while the vehicle is being operated has been raised. REPRESENTATIVE GRUENBERG reiterated that the bill only criminalizes the behavior of the driver if an entertainment system is in use while the vehicle is being operated and the entertainment system is visible to the driver. REPRESENTATIVE ANDERSON said he hopes that the equipment the bill applies to would not include either a cell phone or a stereo system that is operated by a touch screen. REPRESENTATIVE GRUENBERG noted that Version X, as amended, has an effective date of September 1, 2005. He mentioned that Representative Seaton had also expressed a concern that the bill would apply to cell phones containing a small video screen. He offered his belief that as currently drafted, the bill would apply to such devices, but said he would accept a change adding an exception for that type of technology. 2:06:15 PM REPRESENTATIVE GARA suggested that Representative Anderson's concern could be addressed by adding the word "entertainment" to page 1, line 9, after "visual" and before "display", and then defining "visual entertainment display" to include such things as movies, TV shows, and games. REPRESENTATIVE GRUENBERG said he would be happy to incorporate such a change into the bill. REPRESENTATIVE ANDERSON suggested adding "stereo system [information]" to the list of items exempted via subsection (c). CHAIR McGUIRE, speaking as one of the prime sponsors, said she didn't want such an exemption to apply to stereo equipment that is capable of displaying an artist's performance. MS. CARPENETI suggested adding cell phones and "audio" systems to the list of exemptions in subsection (c). REPRESENTATIVE GRUENBERG indicated a willingness to have members' concerns addressed via language he would incorporate into a new CS that could be brought to the committee at a future date. 2:10:27 PM REPRESENTATIVE GRUENBERG, in response to comments, again reiterated that the penalty proposed in the bill applies if the entertainment system can be viewed by the driver, the entertainment system is on, and the driver is operating the vehicle. He said he does not want to have to prove that a driver was actually watching an entertainment system while driving because that will be and has been difficult to prove. CHAIR McGUIRE concurred, and noted that a person will always deny watching an entertainment system while driving; therefore, they would be right back where they started if the bill only criminalizes the actual watching of an entertainment system while driving. She expressed a preference for deterring the behavior of having an entertainment system installed so that it is viewable by the driver of a vehicle. She suggested simply flushing out the exemptions regarding cell phones and audio systems that don't have a video component. 2:14:26 PM TODD SHARP, Lieutenant, Division of Alaska State Troopers, Department of Public Safety (DPS), said simply that the dangers of inattentive driving are obvious, that the DPS supports [HB 12], and that the problems associated with drivers of vehicles watching entertainment systems while driving need to be addressed. 2:15:19 PM DOUGLAS JOHNSON, Senior Director, Technology Policy, Consumer Electronics Association (CEA), expressed appreciation for the work done to date on the bill, and said his organization's main interest is in seeing consistency with the approaches other states are taking towards this issue. So although Version X is getting close to being satisfactory to the CEA, there is a concern regarding what types of equipment the bill would apply to. He mentioned that the CEA had offered model legislation to the House State Affairs Standing Committee; that model legislation focuses broadly on video displays that produce entertainment or business applications. Because technology is always changing, as soon as legislation specifies particular products, there will inevitably be more products to add to those lists. He said the CEA would be happy to work with the committee and offer suggestions for changes to the provision listing the equipment that the bill would apply to. REPRESENTATIVE GRUENBERG noted that members' packets include the letter from Mr. Johnson that contains the aforementioned model legislation language, and indicated that he would be meeting with Mr. Johnson later. CHAIR McGUIRE, after ascertaining that no one else wished to testify, closed public testimony on HB 12. 2:18:15 PM REPRESENTATIVE KOTT pointed out that many recreational vehicles (RVs) have television monitors placed such that the driver of the RV can view it simply by turning his/her head. He suggested that the bill would apply to such vehicles and thus could be a problem, particularly for those with RVs that already have televisions installed in that position. MR. JOHNSON, in response to a question, offered his understanding that some states have included exemptions for RVs in their legislation. REPRESENTATIVE GRUENBERG asked Mr. Johnson to research that issue further. MR. JOHNSON said he would do so. REPRESENTATIVE GARA suggested that perhaps the bill should stipulate that a video display monitor must be behind the driver. REPRESENTATIVE GRUENBERG agreed to consider such language, which, he noted, was contained in the model legislation. [HB 12, Version X, as amended, was held over.]
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