Legislature(2005 - 2006)BUTROVICH 205

04/06/2006 03:30 PM Senate STATE AFFAIRS


Download Mp3. <- Right click and save file as

Audio Topic
03:36:43 PM Start
03:37:22 PM HB12
04:19:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 12 TVS AND MONITORS IN MOTOR VEHICLES TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
       CSHB  12(JUD)am-TVS AND MONITORS IN MOTOR VEHICLES                                                                   
                                                                                                                                
CHAIR   GENE  THERRIAULT   announced   HB  12   to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
3:37:22 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
REPRESENTATIVE  MAX GRUENBERG,  Co-sponsor  of  HB 12,  explained                                                               
that the bill prohibits operating  a motor vehicle while watching                                                               
a  DVD,  TV, video  monitor,  portable  computer or  any  similar                                                               
display. Penalties are established  for violation under a variety                                                               
of   circumstances:  1) the   behavior  itself   is  a   class  C                                                               
misdemeanor; 2) if  another person suffers physical  injury it is                                                               
a class C  felony; 3) if another person  suffers serious physical                                                               
injury it is  a class B felony; 4) and if  another person suffers                                                               
death it  is a class A  felony. Making the behavior  negligent in                                                               
and of  itself will ease the  burden of proof and  hopefully make                                                               
people drive more safely, he said.                                                                                              
                                                                                                                                
Section  1, subsection  (b)  establishes  that it  is  a class  A                                                               
misdemeanor to install or equip a  vehicle with a display that is                                                               
visible to  the driver  while the  vehicle in  motion. Subsection                                                               
(c) details  exclusions such as: portable  cell phones; different                                                               
kinds   of  audio   equipment;  vehicle   information  equipment;                                                               
navigation or global  positioning; maps; visual aids  to help the                                                               
driver  see  ahead,  behind  or   to  the  side  for  maneuvering                                                               
purposes.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG advised  that a  member of  the taxicab                                                               
industry  would  testify  to  suggest   an  amendment  to  exempt                                                               
commercial  vehicles because  those drivers  use certain  display                                                               
equipment to aid in dispatching  for passenger transport, freight                                                               
or package delivery.                                                                                                            
                                                                                                                                
HB 12  is based  on model legislation  and has  large bi-partisan                                                               
support in the House, he said.                                                                                                  
                                                                                                                                
3:42:28 PM                                                                                                                    
SENATOR KIM  ELTON pointed  to the exceptions  listed on  page 2,                                                               
lines  6-7,  subparagraphs  (A)  and (B)  and  asked  if  climate                                                               
control would be covered.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG replied yes, definitely.                                                                               
                                                                                                                                
SENATOR ELTON  asked, "What if  you have equipment that  does all                                                               
of (A) and (B)? Can the equipment  only do (A) or only do (B)? It                                                               
can do (A) and (B) together?"                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG replied it can do  (A) or (B) or (A) and                                                               
(B)  together. Mentioning  a discussion  with Senator  Seekins he                                                               
said it's okay  to have a TV  monitor that can be  seen by people                                                               
other than the driver.                                                                                                          
                                                                                                                                
CHAIR   THERRIAULT  asked   about   the  current   administrative                                                               
regulation limiting a driver's ability to view TV while driving.                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG acknowledged  there is  regulation, but                                                               
it's only  a violation and not  a crime. The current  penalty may                                                               
include points and up to a $300  fine. The purpose of HB 12 is to                                                               
beef it up.                                                                                                                     
                                                                                                                                
SENATOR  THOMAS  WAGONER  commented  it only  takes  a  momentary                                                               
distraction to cause  a traffic fatality, but he  wasn't sure how                                                               
far to go in childproofing the world.                                                                                           
                                                                                                                                
SENATOR  CHARLIE HUGGINS  questioned whether  this is  a case  in                                                               
which regulation isn't adequate.                                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  replied HB  12 strengthens the  law and                                                               
makes offense a class A felony if it causes a death.                                                                            
                                                                                                                                
SENATOR  HUGGINS asked  if it  would be  okay to  use a  portable                                                               
computer to listen to audio.                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  responded  audio is  acceptable;  it's                                                               
visual that's prohibited.                                                                                                       
                                                                                                                                
SENATOR HUGGINS asked  about the decision to  exclude cell phones                                                               
because some would argue that those are equally distracting.                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG replied  the  decision  not to  include                                                               
cell  phones  was political.  That  issue  is complex  enough  to                                                               
warrant it being the subject of  a separate bill. He noted that a                                                               
growing number  of states  are making  it illegal  to use  a cell                                                               
phone while driving with a provisional license.                                                                                 
                                                                                                                                
REPRESENTATIVE  BOB  LYNN,  Co-sponsor,  remarked  this  bill  is                                                               
directed at visual devices and a cell phone is audio.                                                                           
                                                                                                                                
SENATOR HUGGINS questioned  whether there has been  more than one                                                               
documented case in Alaska in  which it's suspected that viewing a                                                               
video device while operating a motor vehicle caused a fatality.                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG directed  attention  to information  in                                                               
the packets  indicating that drivers have  been observed watching                                                               
TV while  driving. Under  the provisions of  HB 12  that behavior                                                               
alone would be  a misdemeanor. The particular case  in Alaska was                                                               
the first  time in  the country that  someone was  prosecuted for                                                               
homicide for  the behavior.  He suggested  that as  more displays                                                               
become available this will become a larger issue.                                                                               
                                                                                                                                
SENATOR  HUGGINS brought  up iPod  use  and aired  the view  that                                                               
there  is a  better case  for  prohibiting cell  phone use  while                                                               
driving than  prohibiting video use  while driving.  He clarified                                                               
that he wasn't advocating such a ban.                                                                                           
                                                                                                                                
REPRESENTATIVE   GRUENBERG   said  former   Representative   Wolf                                                               
introduced a  bill on that subject  several years ago and  it was                                                               
extremely  controversial. He  didn't want  to burden  HB 12  with                                                               
that issue.                                                                                                                     
                                                                                                                                
SENATOR ELTON  noted that the new  iPods have a video  screen and                                                               
he would assume  that if you were listening to  a music video you                                                               
would be committing a misdemeanor.                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  answered it wouldn't be  illegal unless                                                               
it's  installed in  the vehicle.  There's  a distinction  between                                                               
portable  equipment  and  devices   that  are  installed  in  the                                                               
vehicle.                                                                                                                        
                                                                                                                                
CHAIR THERRIAULT asked what the  difference is between a portable                                                               
computer and an iPod with a  video screen. Neither is attached to                                                               
the vehicle and each has a visual.                                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG  responded  he   would  consider  it  a                                                               
friendly amendment  to insert  mention of  iPods as  a prohibited                                                               
device.                                                                                                                         
                                                                                                                                
CHAIR THERRIAULT  asked whether the  language that says,  "or any                                                               
other similar  means to  create a visual  display visible  to the                                                               
person" might cover an iPod that's in a holder on the dashboard.                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  probably not;  the  courts  read                                                               
criminal statutes  narrowly to protect  the accused. If  it's not                                                               
attached or  plugged in you couldn't  say the vehicle has  it. He                                                               
reiterated he didn't object to a redraft to broaden the bill.                                                                   
                                                                                                                                
SENATOR ELTON  referenced subsection (d)  on page 2, line  13 and                                                               
asked  if a  trooper  vehicle would  be  considered an  emergency                                                               
vehicle and therefore exempt even in nonemergency situations.                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  replied absolutely; it's  an authorized                                                               
emergency  vehicle.  Police  cars, fire  trucks  and,  ambulances                                                               
would be  included. If  the proposed amendment  is adopted  a tow                                                               
truck might qualify if it has a computer.                                                                                       
                                                                                                                                
SENATOR ELTON  asked whether a  registered vehicle  that belonged                                                               
to a private ambulance service  would be considered an authorized                                                               
emergency vehicle.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG replied definitely and absolutely yes.                                                                 
                                                                                                                                
SENATOR  HUGGINS  asked  if  it  would be  illegal  to  read  the                                                               
newspaper or the phonebook while driving.                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG replied not under this bill.                                                                           
                                                                                                                                
REPRESENTATIVE LYNN chimed in that watching TV would be illegal.                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG remarked the  committee is focusing more                                                               
on the  driver's behavior  than what  is in  the vehicle,  but he                                                               
wouldn't oppose an amendment to take the bill in that direction.                                                                
                                                                                                                                
3:56:35 PM                                                                                                                    
DEAN PAUL, Alaska Yellow Cab  Company, explained that his taxicab                                                               
company has  been computerized since  1999. He  characterized the                                                               
system as critical  to the operation of the business  and that if                                                               
HB 12 were to  pass in its present form, it  would likely put him                                                               
out of business. For that reason  he asked the committee to amend                                                               
the  bill  to exempt  dispatch  services  for taxicabs,  delivery                                                               
services, and package deliveries.                                                                                               
                                                                                                                                
CHAIR  THERRIAULT  mentioned  the   amendment  and  remarked  the                                                               
proposed language  would cover equipment  in taxies  and delivery                                                               
vehicles.                                                                                                                       
                                                                                                                                
MR.  PAUL added  that  the system  he's  advocating doesn't  play                                                               
videos or TV rather, it's more like a gauge.                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG read  the proposed  amendment UA.1  and                                                               
asked Mr.  Paul if  it would  meet his  needs. It  would exclude:                                                               
"computerized   equipment  installed   and  used   in  commercial                                                               
vehicles with  the principal design, configuration,  and function                                                               
for  use   in  vehicle  dispatching  exclusively   for  passenger                                                               
transport or freight or package delivery".                                                                                      
                                                                                                                                
MR. PAUL replied he thought the language was satisfactory.                                                                      
                                                                                                                                
4:02:49 PM                                                                                                                    
MARTHA  MOORE, Trauma  Registry  Coordinator in  the Division  of                                                               
Public Health,  Department of Health and  Social Services, stated                                                               
that the department  supports HB 12 as  an important contribution                                                               
in the ongoing effort to  prevent serious injury to Alaskans. She                                                               
submitted  vehicle  accident  data and  reported  that  accidents                                                               
related to  driver distraction and  inattention are on  the rise.                                                               
Thirty-eight other  states have  banned front  seat entertainment                                                               
systems  and  twelve  states  have laws  pertaining  to  TVs  and                                                               
monitors in motor vehicles.                                                                                                     
                                                                                                                                
CHAIR THERRIAULT directed attention to  page 2, line 14 and asked                                                               
for an  opinion as  to whether  an existing  statutory definition                                                               
should  or  could  be  referenced  to  clarify  what  "authorized                                                               
emergency vehicle" includes.                                                                                                    
                                                                                                                                
MS. MOORE said she would provide that information.                                                                              
                                                                                                                                
SENATOR WAGONER moved Amendment 1.                                                                                              
                                                                                                                                
                                                     24-LS0058\UA.1                                                             
                                                         Luckhaupt                                                              
                                                           9/11/06                                                              
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 12(JUD)am                                                                                                        
                                                                                                                                
Page 2, line 3:                                                                                                                 
     Insert "or"                                                                                                                
                                                                                                                                
Page 2, line 12, following "vehicle":                                                                                           
     Insert "; or                                                                                                               
               (3) computerized equipment installed and used in                                                                 
     commercial    vehicles    with   the    principal    design,                                                               
     configuration, and  function for use in  vehicle dispatching                                                               
     exclusively for  passenger transport  or freight  or package                                                               
     delivery"                                                                                                                  
                                                                                                                                
SENATOR ELTON  objected for  the purpose  of making  a suggestion                                                               
and  asking   a  question.  First,   he  suggested   a  technical                                                               
correction  on  line 2  of  the  amendment changing  "Insert"  to                                                               
"Delete".                                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG agreed.                                                                                                
                                                                                                                                
CHAIR  THERRIAULT  announced it  to  be  a technical  change  and                                                               
directed members to pencil in the change.                                                                                       
                                                                                                                                
4:07:22 PM                                                                                                                    
SENATOR ELTON asked if computerized  equipment is too restrictive                                                               
because he  wasn't sure whether "computerized"  is an appropriate                                                               
adjective for a GPS system that provides a map.                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  responded this was Mr.  Paul's language                                                               
and  if that  word  isn't  included it  could  mean  any kind  of                                                               
equipment. He asked Mr. Paul to voice his opinion.                                                                              
                                                                                                                                
REPRESENTATIVE  LYNN  suggested  it  be  changed  to  "electronic                                                               
equipment."                                                                                                                     
                                                                                                                                
MR. PAUL said the term could be changed to "graphical."                                                                         
                                                                                                                                
SENATOR ELTON suggested, "display equipment."                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG agreed  that "display  equipment" would                                                               
work.                                                                                                                           
                                                                                                                                
SENATOR ELTON referenced  the words "principal design"  on line 7                                                               
of the  amendment and  questioned whether that  might not  open a                                                               
loophole.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG agreed  with the  suggestion to  delete                                                               
the word "principal." He asked Mr. Paul to comment.                                                                             
                                                                                                                                
MR.  PAUL replied  that  would  probably be  fine,  but he  would                                                               
suggest adding language to restrict the ability to play DVDs.                                                                   
                                                                                                                                
CHAIR THERRIAULT said  he wanted to find out if  a definition for                                                               
"emergency vehicle" exists in statute  and whether it ought to be                                                               
referenced. Furthermore  he preferred  to work with  the drafters                                                               
to incorporate the suggested changes  into a committee substitute                                                               
before passing the  bill on to the Judiciary  Committee. He asked                                                               
if there were other issues.                                                                                                     
                                                                                                                                
SENATOR  WAGONER asked  about highway  fatality  data related  to                                                               
other  distractions such  as cell  phone use,  book reading,  and                                                               
personal care activity.                                                                                                         
                                                                                                                                
4:13:42 PM                                                                                                                    
MS. MOORE  acknowledged that those  statistics are  available. In                                                               
fact she  has heard that  hand-free cell phone use  while driving                                                               
quadruples the chance of a car  crash. A 2002 Gallup survey found                                                               
that 22 percent of the causes  leading to a crash were the result                                                               
of dealing  with technology  in the  vehicle. That  included cell                                                               
phones, beepers, in-car navigation  systems, GPS, Internet, radio                                                               
and others.  They all  distract attention and  put the  driver at                                                               
higher risk for crashing, she said.                                                                                             
                                                                                                                                
SENATOR WAGONER said that is  his point. This bill addresses just                                                               
one item,  but crashes  are caused  by a  myriad of  instances in                                                               
which other technology is used.                                                                                                 
                                                                                                                                
SENATOR ELTON  encouraged the committee  to address the  issue of                                                               
an iPod with a video screen before moving the bill.                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked the committee if  he should draft                                                               
amendments.                                                                                                                     
                                                                                                                                
CHAIR  THERRIAULT  said  he  would  work  on  a  CS  through  the                                                               
committee aide to:  address the use of iPods,  look for statutory                                                               
reference to  emergency vehicle,  and polish and  incorporate the                                                               
pending amendment.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG asked if the committee wanted to                                                                       
include cell phones in the CS.                                                                                                  
                                                                                                                                
CHAIR THERRIAULT said no he would rather maintain the current                                                                   
focus.                                                                                                                          
                                                                                                                                
CHAIR THERRIAULT announced he would hold HB 12 in committee.                                                                    

Document Name Date/Time Subjects