Legislature(2005 - 2006)CAPITOL 120
04/27/2005 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Board of Governors of the Alaska Bar | |
| SB140 | |
| HB269 | |
| HB268 | |
| HB276 | |
| SB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 269 | TELECONFERENCED | |
| += | SB 36 | TELECONFERENCED | |
| + | SB 140 | TELECONFERENCED | |
| + | SJR 12 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 268 | TELECONFERENCED | |
| += | HB 276 | TELECONFERENCED | |
HB 268 - OVERTAKING/PASSING STATIONARY VEHICLES 2:00:06 PM REPRESENTATIVE ANDERSON announced that the next order of business would be HOUSE BILL NO. 268, "An Act relating to overtaking and passing certain stationary vehicles." REPRESENTATIVE JAY RAMRAS, Alaska State Legislature, sponsor, informed the committee that the genesis of HB 268 took place at a dinner honoring former Lieutenant Governor Jack Coghill. During that dinner a tow truck driver described the great peril and risk to which tow truck drivers are subject to in non-police calls. Research has indicated that nationwide, a tow truck driver once a week is killed. The legislation also includes animal control vehicles and their drivers, and seeks to amend the "move over" [provisions of current law by including] tow trucks when picking up a vehicle and animal control vehicles when rescuing animals or removing their carcasses. 2:02:31 PM REPRESENTATIVE ANDERSON, upon determining no one else wished to testify, closed public testimony. REPRESENTATIVE KOTT asked if tow trucks are currently required to have emergency lights. REPRESENTATIVE RAMRAS said he believes they are and that they are actually equipped with such. REPRESENTATIVE DAHLSTROM asked whether tow truck drivers are required to use those lights. REPRESENTATIVE RAMRAS indicated that he wasn't sure. REPRESENTATIVE KOTT relayed his understanding that this legislation only applies to those vehicles that have emergency lights which are flashing. He questioned whether animal control vehicles have emergency lights. REPRESENTATIVE RAMRAS related that at the very minimum these vehicles would have standard parking lights, which he assumed would be turned on when an animal control vehicle is stopped on the side of the road. He said he didn't know whether the lights animal control vehicles have actually flash. 2:04:54 PM REPRESENTATIVE GRUENBERG noted that his wife sits on the Anchorage animal control board, and asked if the sponsor would be amenable to changing the language "in the act of removing an animal from the roadway" to "performing official functions". REPRESENTATIVE RAMRAS returned to the earlier issue and related that animal control vehicles have strobe lights. He then said that he was amenable to any amendment that would improve the legislation. REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual Amendment 1, as follows: Page 1, lines 6-7; Delete "in the act of removing an animal from the roadway" Insert "performing official functions" Page 1, lines 11-12; Delete "in the act of removing an animal from the roadway" Insert "performing official functions" REPRESENTATIVE ANDERSON asked whether there were any objections to Conceptual Amendment 1. There being none, Conceptual Amendment 1 was adopted. 2:07:03 PM REPRESENTATIVE GARA asked whether HB 268 is creating a crime or a violation. REPRESENTATIVE RAMRAS specified that it would be a class A misdemeanor. REPRESENTATIVE GRUENBERG interjected that it would be a class A misdemeanor only if someone is injured, otherwise it's an infraction. REPRESENTATIVE ANDERSON informed the committee that AS 28.35.185(b) currently reads: (b) A person who violates this section is guilty of (1) a class A misdemeanor if personal injury results from the person's failure to vacate the lane or slow as required by this section; (2) an infraction, under circumstances other than in (1) of this subsection. REPRESENTATIVE ANDERSON clarified that HB 268 would merely add tow trucks and animal control vehicles to the list of vehicles to which the above language applies. REPRESENTATIVE RAMRAS highlighted that tow truck drivers perform a very important function and free law enforcement to pursue more serious issues. REPRESENTATIVE DAHLSTROM asked whether the change proposed by the bill imposes the same level of infraction as would apply if a citizen hits a firefighter or a police officer while in the line of duty. REPRESENTATIVE RAMRAS commented that the public automatically shows great deference to emergency vehicles. However, the same degree of deference isn't applied to tow truck drivers or animal control vehicles, and therefore those folks are placed at a greater risk than public safety individuals. 2:11:33 PM REPRESENTATIVE RAMRAS, in response to Representative Dahlstrom, offered his belief that [tow truck drivers and animal control officers] are subject to the same degree of risk as [public safety personnel] when they stop on the side of the road. He clarified that he didn't want to draw a distinction between public safety personnel and other trained professionals who stop on the side of the road. He indicated that it's common sense and a sign of respect [to slow down and vacate the lane closest to vehicle that's pulled over]. He concluded by characterizing HB 268 as another "move over" bill. REPRESENTATIVE DAHLSTROM asked whether a police officer or fire fighter is already afforded the same protection. REPRESENTATIVE RAMRAS replied yes. 2:13:37 PM REPRESENTATIVE DAHLSTROM moved to report HB 268, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 268(JUD) was reported from the House Judiciary Standing Committee. REPRESENTATIVE KOTT offered his thought that this legislation could potentially have a fiscal impact if the driver's license manual has to be changed. He opined that individuals wouldn't have a clue that animal control vehicles would be included in the statute, and therefore he expressed the hope that that information would be included in the manual. REPRESENTATIVE ANDERSON posited that the driver's license manual is reprinted every year that the legislature changes some aspect of the laws to which it pertains. He further posited that he has never seen a fiscal note for changing the driver's license manual when the legislature has changed a traffic violation. Therefore, he is assuming that the cost, although small, is absorbed. [CSHB 268(JUD) was reported from committee.]
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