Legislature(2005 - 2006)CAPITOL 106
04/12/2005 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Human Rights Commission | |
| HB215 | |
| HB238 | |
| SB87 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 238 | TELECONFERENCED | |
| + | HB 215 | TELECONFERENCED | |
| += | SB 87 | TELECONFERENCED | |
| + | HB 167 | TELECONFERENCED | |
| + | HB 160 | TELECONFERENCED | |
SB 87-SEAT BELT VIOLATION AS PRIMARY OFFENSE 9:43:52 AM CHAIR SEATON announced that the last order of business was SENATE BILL NO. 87, "An Act relating to motor vehicle safety belt violations." 9:44:03 AM SENATOR CON BUNDE, Alaska State Legislature, as sponsor of SB 87, apologized for his absence from the House State Affairs Standing Committee's first hearing of SB 87. He asked the committee to indulge him while he addressed a couple of issues that "seemed to have been prominent in some of the discussions." He indicated that he has heard from a countless amount of people who have said that they don't mind a seatbelt law but don't want a primary one. The other comment heard frequently is that people say they always wear their seatbelts; they just don't want someone telling them to wear it. He added, "Of course, if they always wear their belt, they would not be subject to any penalty under this law." SENATOR BUNDE reminded the committee that there currently is a primary seatbelt law for people under 16, and he observed that "the libertarian streak of Alaska did not seem to be irritated by that portion of a primary law." The other concern that he said he's heard voiced is that the police will use [a primary seatbelt law] as a trumped up excuse to make traffic stops. He said police have told him that if they want to make a preemptive stop, there are several issues that are far more visible than whether a person is wearing a seatbelt or not. He listed some of them. 9:46:29 AM SENATOR BUNDE addressed the notion that "it's my right to not wear a belt and suffer the consequences." He said he would agree with that if not for the matter of the impact on the insurance pool that drivers belong to that is affected by the occurrence of accidents. He mentioned [the National Association for Stock Car Auto Racing (NASCAR)] and said there are two reasons NASCAR drivers are required to wear seatbelts: One is for safety, and the other is that seatbelts keep the driver in better control of the vehicle. He offered further details. 9:48:12 AM SENATOR BUNDE said the state currently has a secondary seatbelt law, because not having it would have cost the state a great deal of money - federal funds. He stated that had the legislature passed a primary seatbelt law last year, 7-8 Alaskan lives would have been saved, according to statistics. He said a father who lost his 19-year-old son asked him to use his story during testimony. He said teenagers tend to think they are "bullet-proof" and often don't wear a seatbelt. He stated that with the adoption of a primary seatbelt law, the use of seatbelts would go up approximately 10-12 percent. Senator Bunde passed out a [photo of a vehicle accident] to illustrate why seatbelt use is so important. He said people seem to accept the notion that a smoke detector in a home is a wise idea, and he mentioned carbon monoxide detectors. 9:51:14 AM REPRESENTATIVE GARDNER asked Senator Bunde to expand on his comment regarding federal funds. 9:51:31 AM SENATOR BUNDE revealed that last year the state lost $4 million in highway safety funds. He said there's a total of $18 million available; the first year's allotment would be $4 million, then $2 million for the next 4 years. 9:52:04 AM REPRESENTATIVE GARDNER asked Senator Bunde if he anticipates that a primary seatbelt law would reduce insurance rates. 9:52:25 AM SENATOR BUNDE said he doesn't expect a reduction, but "if we can have a decrease in the increase, I think that would be something we should strive toward." 9:52:59 AM REPRESENTATIVE GATTO offered his understanding that Senator Bunde's remarks regarding the insurance rates and costs to others has to do with the possibility that someone may not be able to pay for hospital costs and those cost would be passed on. He said, "There's a second side to this sword, and that is: people in a seatbelt in a major accident could be horribly injured and not killed. And the killed person has very little cost, but the horribly injured person could have significant costs. So, I cannot guarantee or even have an indication that the use of a seatbelt will save you money." Regarding the 10-12 percent increase [in people who would wear seatbelts if there were a primary seatbelt law], he asked if that percentage is "from existing numbers or percentage points." 9:54:04 AM SENATOR BUNDE responded that it's from existing numbers. He recollected that currently there is about an 84 percent usage rate and a statewide survey showed that 70-75 percent supported a primary seatbelt law. 9:54:29 AM REPRESENTATIVE GATTO asked if the $4 million in federal funds were truly lost or reappropriated. 9:54:43 AM SENATOR BUNDE said his knowledge is that the $4 million dollars was not received for highway safety. 9:54:54 AM REPRESENTATIVE GATTO referred to Senator Bunde's mention of carbon monoxide detectors. He said not having one may risk a person's life, but it also may risk the lives of other people in the same facility. He said, "Not wearing a seatbelt will have no effect on me as a passenger wearing a seatbelt." He recalled that Senator Bunde mentioned "that if you can just stay in your car and maybe steer that you might prevent something." He added, "Although I think in these very tragic situations, usually everybody's a passenger and nobody's a driver when we suddenly turn upside-down or roll." 9:55:37 AM SENATOR BUNDE said, "I see very little difference in the libertarian attitude of Alaskans between requiring smoke detectors or carbon monoxide detectors and requiring seatbelts." 9:56:01 AM REPRESENTATIVE GRUENBERG moved to adopt the committee substitute (CS) for SB 87, Version 24-LS0457\F, Luckhaupt, 4/11/05, as a work draft. There being no objection, Version F was before the committee. 9:56:55 AM REPRESENTATIVE GRUENBERG reviewed the changes made to the bill through Version F. He said in current law, to "operate" a vehicle could mean to turn on the radio or the heater, without the engine even being on. The language on page 1, line 7 of the bill was changed to use the word "drive" rather than "operate". Another term that was changed was "motor vehicle", because it was too broad. He directed attention to the language added on page 2, which read: (5) operators or passengers of motorcycles, motor-driven cycles, off-highway vehicles, electric personal mobility vehicles, snowmobiles, and similar vehicles not designed to be operated on a highway. REPRESENTATIVE GRUENBERG emphasized that "not designed to be operated on a highway" only refers to the off-highway vehicles. He also pointed out that "we have limited this to highways." He said highways are currently defined to include public roads. SENATOR BUNDE said he is not aware of any enforcement problems that the current law and definitions had created; however, he stated his acceptance of the changes made in Version F. 9:59:57 AM CHAIR SEATON asked again if there was any objection to adopting Version F. [Although there was no response, Version F was treated as adopted.] 10:00:12 AM REPRESENTATIVE GARDNER, regarding Senator Bunde's previous comparison of this bill to a past bill regarding carbon monoxide (CO) detectors, asked, "How would you feel about allowing the police department to inspect your home for a CO detector?" 10:01:02 AM SENATOR BUNDE admitted that he was "having a little fun with Representative Gatto." He said he thinks when there's an accident the fire department "does indeed inspect." He added that hotel units have inspections. He said, "I think by your question you're assuming that the police are going to make this a major enforcement issue, and I don't make that assumption." 10:01:32 AM REPRESENTATIVE GARDNER said she recently had occasion to ask a friend who's a member of the Anchorage Police Department if "it would be something that ... traffic police would be looking for," and [the officer] said yes. In fact, the police officer told her that it is something they love to do; it's called "fishing." 10:02:15 AM SENATOR BUNDE said the police officer still has to prove probable cause for the initial stop. 10:02:20 AM REPRESENTATIVE GARDNER responded, "But they would have probable cause if you weren't wearing a seatbelt." 10:02:37 AM SENATOR BUNDE said the officer would have to prove that he/she would likely have seen that [before the stop]. He mentioned the "turnstile jumper laws" in New York. He said, "When they start enforcing the small laws, a lot of major criminals got captured, too." 10:03:05 AM REPRESENTATIVE GATTO mentioned an amendment that would change the fine from $15 to $100. He asked if that would be offered. 10:03:39 AM REPRESENTATIVE GARDNER explained that that was an amendment she had considered offering; however, some of the language in it she thought would not be a legal solution. She also noted that the fine for not wearing a seatbelt in Anchorage is already $200 and she doesn't want to add an additional $100 state fine to that amount. 10:04:12 AM REPRESENTATIVE GRUENBERG said "operating" and "driving" only apply to the driver, not the passenger. 10:04:44 AM SENATOR BUNDE responded that that's not his understanding of current law. 10:04:57 AM CHAIR SEATON stated his understanding that current law provides for both the operator and for children or passengers. 10:05:11 AM REPRESENTATIVE RAMRAS moved to report CSSB 87, Version 24- LS0457\F, Luckhaupt, 4/11/05 out of committee with individual recommendations and the accompanying fiscal notes. 10:05:42 AM REPRESENTATIVE GATTO objected. 10:05:56 AM REPRESENTATIVE GRUENBERG, in response to a request for clarification from Representative Gatto, explained that the current bill repeals the provision of law that says a person cannot have "a primary stop for the seatbelt," and thus would adopt the primary stop. He offered further details. 10:07:12 AM REPRESENTATIVE LYNN asked how an officer will know if someone is wearing a seatbelt. 10:07:30 AM SENATOR BUNDE said he's sure there are situations where the seatbelt would not be highly visible; however, he said an officer should be able to see a seatbelt in city traffic, where a shoulder strap would be visible. 10:07:54 AM REPRESENTATIVE RAMRAS, in response to Chair Seaton, expressed his desire to maintain his previous motion. 10:09:07 AM A roll call vote was taken. Representatives Lynn, Ramras, Gruenberg, and Seaton voted in favor of HCS SB 87, Version 24- LS0457\F, Luckhaupt, 4/1/05. Representatives Gatto, Elkins, and Gardner voted against it. Therefore, HCS SB 87(STA) was reported out of the House State Affairs Standing Committee by a vote of 4-3.
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