Legislature(2007 - 2008)BELTZ 211

03/19/2008 09:30 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued from 03/18/08 --
+ SB 183 REPEAL DEFINED CONTRIB RETIREMENT PLANS TELECONFERENCED
Moved SB 183 Out of Committee
*+ SB 259 EFFECTIVE DATE: MEDICAL ASSISTANCE LAWS TELECONFERENCED
Moved SB 259 Out of Committee
*+ SB 260 2008 REVISOR'S BILL TELECONFERENCED
Moved CSSB 260(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 88 TVS AND MONITORS IN MOTOR VEHICLES
Moved CSHB 88(FIN) Out of Committee
           HB  88-TVS AND MONITORS IN MOTOR VEHICLES                                                                        
                                                                                                                                
CHAIR MCGUIRE announced  the consideration of HB  88. [Before the                                                               
committee was CSHB 88(FIN).]                                                                                                    
                                                                                                                                
10:21:46 AM                                                                                                                   
REPRESENTATIVE MAX  GRUENBERG, Alaska State Legislature,  said HB
88 has passed the House three  times, and it prohibits watching a                                                               
visual display  while driving. There  was a fatal accident  a few                                                               
years ago  because of  this activity. The  state should  ban this                                                               
type of thing. This is a  no-brainer; no one should be watching a                                                               
video while  driving. However,  there are  people who  don't have                                                               
mature  judgment,  but  "hopefully   we  do."  Chair  McGuire  is                                                               
personally familiar the family [in  the accident]. HB 88 has been                                                               
through many committees and has wide support.                                                                                   
                                                                                                                                
10:23:29 AM                                                                                                                   
CHAIR MCGUIRE  said perhaps  there should be  a law  against poor                                                               
judgment. If  nothing else, the  publicity surrounding  this bill                                                               
will enlighten someone. She doesn't  know what brings a person to                                                               
watch a movie and drive, but it may be generational.                                                                            
                                                                                                                                
SENATOR GREEN  asked if this  bill will really make  a difference                                                               
to  someone who  would do  this and  other goofy  things such  as                                                               
drinking and driving.  There is a segment of  the population this                                                               
won't mean  anything to. It  doesn't speak highly of  Alaskans to                                                               
tell them not to watch TV while they are driving.                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG agreed. People  who drive while they are                                                               
intoxicated might  not listen  to laws until  they are  thrown in                                                               
jail. The penalty is now simply  an infraction, and the bill will                                                               
raise it to a serious  felony. It makes it negligent manslaughter                                                               
if someone is killed.                                                                                                           
                                                                                                                                
10:25:53 AM                                                                                                                   
SENATOR  FRENCH   asked  why  cell   phones  and   personal  data                                                               
assistants are exempt.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG   said  he  couldn't  get   it  through                                                               
committees, and his  cosponsor doesn't support it.  He would like                                                               
it expanded, but he wants to get this through.                                                                                  
                                                                                                                                
SENATOR STEVENS  said he doesn't  understand why it says  a front                                                               
seat passenger watching  a video display is not  a violation. "It                                                               
seems like it would be a  distraction -- a front seat [passenger]                                                               
watching an IPOD or some kind  of video display. It seems like it                                                               
would be a distraction to the driver."                                                                                          
                                                                                                                                
CHAIR MCGUIRE  said it  happens by  definition. The  bill defines                                                               
the unlawful  act as the person  who is driving and  watching. If                                                               
it is a passenger, the law doesn't apply.                                                                                       
                                                                                                                                
SENATOR FRENCH noted that navigational  displays are also exempt.                                                               
Someone can look at a cell phone or a GPS.                                                                                      
                                                                                                                                
10:28:12 AM                                                                                                                   
REPRESENTATIVE GRUENBERG said  the GPS, yes. But  a driver cannot                                                               
watch a visual cell phone display.  A person can talk on it; page                                                               
2, line 8, says that audio equipment is okay.                                                                                   
                                                                                                                                
SENATOR  FRENCH said  his  wife has  a cell  phone  that shows  a                                                               
caller's image when it rings. Is that okay?                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  as long  as she  doesn't have  an                                                               
accident from looking  at it. The problem arises if  she is doing                                                               
that and an accident results.                                                                                                   
                                                                                                                                
10:29:41 AM                                                                                                                   
SENATOR  FRENCH noted  that it  is an  A misdemeanor  to drive  a                                                               
motor  vehicle with  a video  monitor or  other similar  means of                                                               
providing a  visual display in  full view  of a driver  while the                                                               
vehicle is in motion. "That's an I-Phone with my picture on it."                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG said he stands corrected.                                                                              
                                                                                                                                
CHAIR MCGUIRE  said line  5 on page  2 specifically  exempts cell                                                               
phones  or  personal  data  assistants   being  used  for  verbal                                                               
communication.                                                                                                                  
                                                                                                                                
10:30:43 AM                                                                                                                   
SENATOR FRENCH said he will work on it in judiciary.                                                                            
                                                                                                                                
SENATOR GREEN  asked if she  would be in  violation if she  had a                                                               
television in the front of her 1990 van.                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG said,  yes, if  it can  be seen  by the                                                               
driver while driving.                                                                                                           
                                                                                                                                
SENATOR GREEN asked, "Even if it's not on?"                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said not  if  it  is equipped  with  a                                                               
locking device  that allows  it to  turn on  when the  vehicle is                                                               
stopped or if it is only visible to passengers.                                                                                 
                                                                                                                                
SENATOR FRENCH said if it is turned off, it is not a violation.                                                                 
                                                                                                                                
10:32:16 AM                                                                                                                   
CHAIR  MCGUIRE said  there are  a  lot of  vans that  have a  DVD                                                               
player for  the children, but it  would need to be  viewed by the                                                               
driver in a normal driving position to be prohibited.                                                                           
                                                                                                                                
SENATOR FRENCH moved  to report CS for HB 88  from committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, CSHB 88(FIN) moved out of committee.                                                                        
                                                                                                                                

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