02/20/2007 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Subcommittee Report | |
| HB126 | |
| HB88 | |
| HB117 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 109 | TELECONFERENCED | |
| *+ | HB 126 | TELECONFERENCED | |
| *+ | HB 117 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 88 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 20, 2007
7:59 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Bob Roses, Vice Chair
Representative John Coghill
Representative Kyle Johansen
Representative Craig Johnson
Representative Andrea Doll
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SUBCOMMITTEE REPORT
- HEARD
HOUSE BILL NO. 126
"An Act relating to driver's licenses and permits, commercial
driver's licenses, and other motor vehicle laws; relating to the
driver's license compact; and providing for an effective date."
- MOVED HB 126 OUT OF COMMITTEE
HOUSE BILL NO. 88
"An Act relating to televisions, monitors, portable computers,
and similar devices in motor vehicles; and providing for an
effective date."
- MOVED CSHB 88(STA) OUT OF COMMITTEE
HOUSE BILL NO. 117
"An Act relating to proclamations issued by the governor calling
the legislature into special session."
- MOVED HB 117 OUT OF COMMITTEE
HOUSE BILL NO. 109
"An Act relating to the requirement for candidates, groups,
legislators, public officials, and other persons to submit
reports electronically to the Alaska Public Offices Commission;
relating to disclosures by legislators, public members of the
Select Committee on Legislative Ethics, legislative directors,
public officials, and certain candidates for public office
concerning services performed for compensation and concerning
certain income, gifts, and other financial matters; requiring
legislators, public members of the Select Committee on
Legislative Ethics, legislative directors, public officials, and
municipal officers to make certain financial disclosures when
they leave office; relating to insignificant ownership interest
in a business and to gifts from lobbyists for purposes of the
Alaska Executive Branch Ethics Act; relating to certain
restrictions on employment after leaving state service for
purposes of the Alaska Executive Branch Ethics Act; and
providing for an effective date."
- BILL HEARING POSTPONED
PREVIOUS COMMITTEE ACTION
BILL: HB 126
SHORT TITLE: DRIVER'S LICENSES AND PERMITS
SPONSOR(s): REPRESENTATIVE(s) JOHANSEN
02/12/07 (H) READ THE FIRST TIME - REFERRALS
02/12/07 (H) STA, JUD
02/15/07 (H) TRA AT 1:30 PM CAPITOL 17
02/15/07 (H) <Bill Hearing Canceled>
02/20/07 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 88
SHORT TITLE: TVS AND MONITORS IN MOTOR VEHICLES
SPONSOR(s): REPRESENTATIVE(s) GATTO, GRUENBERG
01/16/07 (H) PREFILE RELEASED 1/12/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) STA, JUD, FIN
01/29/07 (H) BILL REPRINTED 1/29/07
02/08/07 (H) STA AT 8:00 AM CAPITOL 106
02/08/07 (H) Scheduled But Not Heard
02/13/07 (H) STA AT 8:00 AM CAPITOL 106
02/13/07 (H) Heard & Held
02/13/07 (H) MINUTE(STA)
02/15/07 (H) STA AT 8:00 AM CAPITOL 106
02/15/07 (H) Heard & Held
02/15/07 (H) MINUTE(STA)
02/20/07 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 117
SHORT TITLE: PROCLAMATION CALLING A SPECIAL SESSION
SPONSOR(s): REPRESENTATIVE(s) HARRIS
02/01/07 (H) READ THE FIRST TIME - REFERRALS
02/01/07 (H) STA, JUD
02/20/07 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
RANDY RUARO, Staff
to Representative Kyle Johansen
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 126 on behalf of
Representative Johansen, prime sponsor.
KERRY HENNINGS, Driver Licensing Manager
Division of Motor Vehicles (DMV)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Provided comments and responded to
questions during discussion of HB 126.
AVES THOMPSON, Executive Director
Alaska Trucking Association, Inc. (ATA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 126.
MARTHA MOORE, Public Health Specialist II
Injury Prevention & Emergency Medical Services
Division of Public Health
Department of Health and Social Services
POSITION STATEMENT: Testified in support of HB 88.
CINDY CASHEN, Administrator
Highway Safety Office
Division of Program Development
Department of Transportation & Public Safety
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 88.
MARY SIROKY, Legislative Liaison
Office of the Commissioner
Department of Transportation & Public Facilities (DOT&PF)
Juneau, Alaska
POSITION STATEMENT: Offered a comment during the hearing on HB
88.
REPRESENTATIVE CARL GATTO
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as joint prime sponsor of HB 88.
TOM WRIGHT, Staff
House Majority Office
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 117 on behalf of
Representative John Harris, prime sponsor.
ACTION NARRATIVE
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 7:59:26 AM. Representatives Roses, Coghill,
Johnson, and Lynn were present at the call to order.
Representatives Johansen, Gruenberg, and Doll arrived as the
meeting was in progress.
^SUBCOMMITTEE REPORT
7:59:26 AM
REPRESENTATIVE COGHILL reported on the latest progress of the
State Affairs ethics subcommittee.
HB 126-DRIVER'S LICENSES AND PERMITS
8:01:38 AM
CHAIR LYNN announced that the first order of business was HOUSE
BILL NO. 126, "An Act relating to driver's licenses and permits,
commercial driver's licenses, and other motor vehicle laws;
relating to the driver's license compact; and providing for an
effective date."
8:01:51 AM
RANDY RUARO, Staff to Representative Kyle Johansen, Alaska State
Legislature, introduced HB 126 on behalf of Representative
Johansen, prime sponsor. He said the language of nine-tenths of
the bill would bring Alaska's Division of Motor Vehicles'
regulations in compliance with federal mandates related to
commercial driver's licenses (CDLs). He related that the state
faces incurring a financial penalty [which would result in the
loss of] federal highway aid funds, estimated to be $7 million
in fiscal year 2008 (FY 08), and up to $14 million in FY 09,
with continued penalties thereafter. He said it is not possible
to determine what those future amounts would be because [funds
from] the [Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU)] run out in FY 09
and it is unknown what the federal appropriation amounts will be
after that. He said additionally there are some penalties
imposed on the state's ability to issue CDLs in the future. He
said there are representatives from the Division of Motor
Vehicles available to answer questions.
8:03:48 AM
MR. RUARO, in response to a question from Representative Roses,
said the other portion of the bill [in Section 1] offers
language to revoke the September 1 expiration date for school
bus drivers. He offered his understanding that that change was
requested by the DMV because it cannot handle all the
expirations occurring at one time. He said there is a portion
of the bill [in Section 3] that would, under certain conditions,
exempt those operating snow removal equipment from CDL
requirements. He said, "That's a discretionary piece under the
federal law that the state DMV has chosen to accept."
8:05:38 AM
MR. RUARO, in response to Representative Johnson, provided a
sectional analysis [included in the committee packet].
8:06:32 AM
REPRESENTATIVE JOHNSON, regarding Mr. Ruaro's previous statement
about federal funds that would be lost, noted that sometimes
federal monies are not lost, but are [redirected]. He asked if
that may be the case.
8:06:53 AM
MR. RUARO confirmed that the federal money, if withheld, would
not subsequently be available to the state. He referenced 49
U.S.C. 31314(c).
8:07:22 AM
REPRESENTATIVE ROSES directed attention to page 5, lines 6-7,
and noted that the expiration date was deleted, but has not been
replaced with a new one.
8:08:18 AM
KERRY HENNINGS, Driver Licensing Manager, Division of Motor
Vehicles (DMV), Department of Administration (DOA), explained
that removing the aforementioned expiration date for the bus
drivers would allow the DMV to add the endorsement to the CDL
and bring the division into compliance. She said the division
had not done that previously because there was a law in the
books about tuberculin testing; however, the Department of
Education repealed that law in 2005.
8:10:05 AM
CHAIR LYNN, after ascertaining that there was no one else to
testify, closed public testimony.
8:10:16 AM
REPRESENTATIVE COGHILL said he always bristles when the federal
government dictates what the state must do, although he said he
understands the need for compliance. He directed attention to a
letter in the committee packet, [dated January 31, 2007], from
John H. Hill [to Governor Sarah Palin], and he stated that the
letter "sounds a little bit more like an extortion letter." He
said he would not vote against the bill, but he would be signing
with a "no recommendation." Representative Coghill added that
he plans to ask about the fact that there is no fiscal note when
the next committee of referral hears the bill.
8:11:29 AM
CHAIR LYNN said it sounds like the state can get free money if
it votes to do so, but there are strings attached. He said, "I
don't care for it either."
8:11:52 AM
REPRESENTATIVE ROSES observed how long it has been since [the
Motor Carrier Safety Improvement Act of 1999 (MCSIA)] was
enacted. He continued:
It sounds as though one of the stipulations that we
had trying to correct this in the past was part of the
issue over the [tuberculosis (TB)] test that the bus
drivers had to take and trying to move that over under
the CDL license. So, it looks like there's a number
of things in place that we've sort of pushed ourselves
into a corner to where it's become a little bit more
imperative that we act now than it would have if we'd
have reacted in '99 or 2000. ... But I'm like you:
that anvil hanging over your head is one [approach]
I've never particularly appreciated ..., but I
understand the necessity.
8:12:41 AM
CHAIR LYNN reopened public testimony.
8:13:21 AM
AVES THOMPSON, Executive Director, Alaska Trucking Association,
Inc. (ATA), testified in support of HB 126. He paraphrased his
written testimony, which read as follows [original punctuation
provided]:
The Alaska Trucking Association is a state wide
organization representing trucking interests from
Barrow to Ketchikan. In another three weeks, we will
th
conduct our 49 Annual Meeting celebrating over 49
years of representing our industry in Alaska. Our
more than 200 members represent all of the diverse
trucking operations in the state and many associate
members who provide goods and services to our
industry. On behalf of ATA, I thank you for the
opportunity to testify in support of HB126. HB 126 is
an important bill relating to commercial drivers
licenses, DMV operations and other driver issues.
In reviewing the bill, we are in agreement with the
intent of the bill to reduce the number and severity
of commercial motor vehicle related fatalities and
injuries. Alaska has had an admirable commercial
vehicle safety record over the years and we support
efforts to continue to improve safety for commercial
vehicles. One of the elements of our mission
statement is to "…promote highway and driver safety."
Provisions of the bill will bring Alaska into
compliance with Federal Motor Carrier Safety
Administration regulations which will eliminate the
possibility of federal sanctions against our federal-
aid highway funds. These funds are currently in
jeopardy due to Alaska's non-compliance.
Exemptions are included to expand the military
exemption language to include more service members and
to allow a non-CDL holder to operate snow removal
equipment in case of emergency.
In line with FMCSA [Federal Motor Carrier Safety
Administration] regulations, this change also allows a
non-resident to operate a CMV [commercial motor
vehicle] using their home state license.
Bill language clearly states that 19 year old drivers
may be issued a CDL to operate in intra state
commerce. This clears up some previous ambiguities.
Many of the changes update penalties for drivers for
disqualifying offenses. This will assist in keeping
bad or unfit drivers off our highways thereby
improving the safe driving environment.
In closing, Mr. Chairman and members of the committee,
we support HB126 and urge the committee to move the
bill with do pass recommendations.
8:16:10 AM
CHAIR LYNN closed public testimony.
8:16:18 AM
REPRESENTATIVE JOHANSEN moved to report HB 126 out of committee
with individual recommendations and the accompanying zero fiscal
note. There being no objection, HB 126 was reported out of the
House State Affairs Standing Committee.
The committee took an at-ease from 8:17:03 AM to 8:19:16 AM.
HB 88-TVS AND MONITORS IN MOTOR VEHICLES
8:19:31 AM
CHAIR LYNN announced that the next order of business was HOUSE
BILL NO. 88, "An Act relating to televisions, monitors, portable
computers, and similar devices in motor vehicles; and providing
for an effective date."
[Before the committee was HB 88; left pending on 2/13/07 was a
motion to adopt the committee substitute (CS) for HB 88, Version
24-LS0312\C.]
8:19:37 AM
REPRESENTATIVE GRUENBERG moved to adopt the committee substitute
(CS) for HB 88, Version 25-LS0312\E, Luckhaupt, 2/19/07, as work
draft. There being no objection, Version E was before
committee.
8:20:07 AM
REPRESENTATIVE GRUENBERG [moved to adopt] Amendment 1, labeled
25-LS0312\E.1, Luckhaupt, 2/19/07, which read as follows [with
some handwritten changes]:
Page 1, line 1, following "Act":
Insert "relating to provisional driver's licenses
and instruction permits and the use of wireless
telephones by those licensees and permittees;"
Page 1, following line 4:
Insert new bill sections to read:
"* Section 1. AS 28.15.051(a) is amended to read:
(a) Except as provided in (b) of this section, a
person who is at least 14 years of age may apply to
the department for an instruction permit. The
department may, after the applicant has successfully
passed all parts of the examination under AS 28.15.081
other than the driving test, issue to the applicant an
instruction permit. The permit allows a person, while
having the permit in the person's immediate
possession, to drive a specified type or class of
motor vehicle on a highway or vehicular way or area
for a period not to exceed two years. The permittee
may not use a wireless telephone or wireless personal
digital assistant while operating a motor vehicle. The
permittee shall be accompanied by a person at least 21
years of age who has been licensed at least one year
to drive the type or class of vehicle being used, who
is capable of exercising control over the vehicle and
who occupies a seat beside the driver, or who
accompanies and immediately supervises the driver when
the permittee drives a motorcycle. An instruction
permit may be renewed.
* Sec. 2. AS 28.15.057(b) is amended to read:
(b) A person authorized to drive a motor vehicle
under a provisional driver's license issued under
AS 28.15.055 may not
(1) operate a motor vehicle that is
carrying any passengers
(A) except a passenger who is a parent,
legal guardian, sibling, or a person at least 21 years
of age; or
(B) unless at least one of the passengers
is a parent, legal guardian, or person at least 21
years of age; [OR]
(2) operate a motor vehicle between the
hours of 1:00 a.m. and 5:00 a.m., except when the
person is
(A) accompanied by a parent, legal
guardian, or a person at least 21 years of age who is
licensed to drive the type or class of vehicle being
used; or
(B) driving to or from the person's place
of employment or within the scope of the person's
employment and the driving is along the most direct
available route; or
(3) use a wireless telephone or wireless
personal digital assistant while operating a motor
vehicle."
Page 1, line 5:
Delete "Section 1"
Insert "Sec. 3"
Renumber the following bill sections accordingly.
CHAIR LYNN objected for discussion purposes.
REPRESENTATIVE GRUENBERG opined that young people who have just
received their driver's permit should not be distracted while
driving. He noted that a number of states have adopted this
legislation.
8:21:52 AM
REPRESENTATIVE JOHNSON asked Representative Gruenberg if it is
his intent to ban the use of cell phones in this circumstance,
even if, for example, the permittee were to use one with
"adaptive equipment."
REPRESENTATIVE GRUENBERG answered, "Just during the period of
the provisional license." He noted that there are several
people from the Department of Administration willing to testify.
8:22:36 AM
MARTHA MOORE, Public Health Specialist, Department of Health and
Social Services, testified in support of HB 88. She relayed
that it is difficult to get crash victims from the many rural
areas of the state to medical care facilities, thus prevention
is much more critical. She said the Department of
Transportation and Public Facilities reported that in 2005,
there were just over 13,000 motor vehicle crashes, about 20
percent of which were listed as being caused by "driver
inattention." That cause was responsible for 25 percent of
"driver injury crashes" and 16.5 percent of the 67 fatalities.
She noted that ten years ago, driver inattention was only
mentioned in 15 percent of the traffic accidents.
8:24:34 AM
MS. MOORE stated that a national survey was conducted in 2002,
which was called, "The Gallop Survey of Distracted and Drowsy
Driving Attitudes and Behaviors." The survey found that "22
percent of causes that led to a crash were the result of the
driver dealing with technology in the vehicle." She continued:
The development of electronic devices for use in motor
vehicles is a rapidly growing field, and manufacturers
have been working to develop safety features and to
minimize driver distraction in relation to these
devices. However, the research and development for
these safety features is lagging behind customer
demand. Consequently, consumers do install their own
entertainment systems or they bypass or disengage the
safety devices. Currently, 38 states have introduced
front seat entertainment systems, and 12 states have
laws pertaining to television and monitors in motor
vehicles.
8:25:37 AM
REPRESENTATIVE JOHNSON said driver distraction is a broad term.
He asked if there is any information showing that the number of
distraction incidents resulting from cell phone use has
increased or decreased.
8:26:07 AM
MS. MOORE said she does not know; however, she said that a third
of the accidents caused by cell phone use resulted in injury.
REPRESENTATIVE JOHNSON asked Ms. Moore if she knows how many of
those accidents involved drivers operating vehicles with a
provisional driver's license.
MS. MOORE said she has no idea.
8:27:22 AM
CINDY CASHEN, Administrator, Highway Safety Office, Division of
Program Development, Department of Transportation & Public
Safety, testified in support of HB 88. She said her office
receives the federal funds for the programs it monitors; those
programs are designed to encourage people to adopt safe driving
practices. She offered information related to teenager driver
fatalities and how they relate to the use of cell phones. She
continued:
We have 196 million licensed drivers in the U.S., and
of those 196 million, only 12.4 million are teenagers;
it's not very many: 6.3 percent. ... Of the 196
million licensed drivers, the teenagers make up almost
25 percent of the driver deaths, which is -- those
statistics don't add up. And they make up almost 24
percent of all road fatalities. What those numbers
tell us is that the teenagers are not only killing
themselves, but they're taking us down with them.
And the numbers are going up. The teen driver deaths
have increased over the last 10 years by 5 percent.
In 2004, in our nation, over 3,600 teen drivers were
killed; 303,000 were injured; and over half a million
lost their license in car crashes. Car crashes are
the leading cause of death for teenagers, ... and
[there are] three reasons why ..., and I'm probably
not going to surprise any of you when I tell you it's
inexperience, it's risk-taking behavior, and it's
greater risk exposure - like driving at night.
Now [the National Highway Traffic Safety
Administration's (NHTSA's)] explanation for the
responsibility of drivers is to operate a motor
vehicle safely, and the task of driving requires our
full attention and focus. The cell phone use, whether
it's handheld or "headless," can distract drivers from
this task, risking harm to themselves and others;
therefore, the safest course of action is to refrain
from using a cell phone while driving. When we're
learning to drive - and this is with a learner's
permit and the provisional driver's license - we need
a period of time to get used to distractions, whether
it's inside the car or outside the car. We have to
focus; we have to train ourselves to learn to drive
safely. We can't do that if we have any distraction
around us.
8:31:05 AM
In 2005, Alaska teenagers were responsible for 416 of
the 2,100 distraction-related crashes. Now, of those
2,100 distraction-related crashes, we know that 59 of
the drivers were using their cell phone at the time of
the crash. Of those 59 drivers, 23 of them were
teenagers. I took a look at Alaska's time of day when
the crashes occurred due to cell phone use, and it was
between the hours of school getting out and dinner
time. And those numbers are going up.
So, this is an opportunity to save some lives and
prevent some injuries during the time that the novice
and the new driver ... learn how to drive safely.
8:32:13 AM
MARY SIROKY, Legislative Liaison, Office of the Commissioner,
Department of Transportation & Public Facilities (DOT&PF), noted
that there is a committee substitute available which includes
language in Section 1 that was requested by the department.
8:33:11 AM
REPRESENTATIVE GRUENBERG noted that the language to which Ms.
Siroky refers was added on page 2, lines 28-30, of Version E.
That language read as follows [original punctuation provided]:
(H) information for use in performing
highway construction, maintenance or repair, or data
acquisition by the Department of Transportation and
Public Facilities or a municipality.
8:33:23 AM
CHAIR LYNN, as a father of six, one-time teenagers, stated his
need to speak in support of teenagers. He pointed out that many
teenagers are on the combat zone of war, handling many
distractions well. He revealed that he was in the air force
flying school when he was a teenager, and he survived. He said
he thinks sometimes people underestimate teenagers. He said
teenagers don't have experience, but they have better reflexes
and good coordination and "are not distracted by some of the
things that the rest of us are distracted by." He concluded, "I
support this, but almost reluctantly."
8:34:44 AM
MS. CASHEN, in response to a question from Representative Roses,
said a teenager can get a learner's permit at 14, a provisional
license at 16, and a regular driver's license at 18. She said
statistics show that the number of crashes drops abruptly by the
time a teenager reaches 18 years of age. She stated, "It's
those ages between ... 14 to 18 that they're very dangerous on
the road."
REPRESENTATIVE ROSES suggested it is the financial
responsibility taken on by the age of 18 that has the greater
impact on safe driving. He stated that he does not think the
bill will change misbehavior. He said he supports the bill;
however, he said his concern has to do with the level of
consequence. He said a misdemeanor means nothing to teenagers,
but having a license taken away does.
8:37:11 AM
MS. CASHEN responded that she couldn't agree with Representative
Roses more. She said the bill would do just that through a
point system. After so many points, the driver's license would
be revoked. In response to a follow-up question from
Representative Roses, she said the department plans to get the
message through to teenagers through its educational programs.
REPRESENTATIVE ROSES stated his understanding that the driver's
manual gets reprinted every three to four months. He urged that
the system of accumulated points leading to the loss of the
provisional license be clearly stated in the manual.
MS. CASHEN said that responsibility rests with Ms. Hennings in
the DMV; however, she said her department works closely with the
DMV and she is "aware of the need for stressing that."
8:38:21 AM
REPRESENTATIVE JOHNSON asked if the amendment would disallow
only permittees between the ages of 14 and 16 from operating
wireless phones or if it would include up to age 18.
8:38:45 AM
MS. CASHEN, [modifying her previous statement], said a teenager
can acquire a provisional license at the age of 16. He/she must
drive violation-free for 12 months, thus, the earliest he/she
could qualify for a regular license would be at age 17.
REPRESENTATIVE JOHNSON restated his question. He asked at what
age a person could operate a cell phone "without a problem" if
this amendment were to pass.
MS. CASHEN confirmed the age would be 17.
REPRESENTATIVE JOHNSON offered the following scenario:
If I am 17, and I'm delivering pizzas, I cannot use my
cell phone while I'm driving to get instructions or
anything else?
MS. CASHEN answered, "Not while you're driving." She clarified
that the rule would apply while the vehicle was in motion;
therefore, the driver could pull over to make the call.
8:40:42 AM
REPRESENTATIVE JOHNSON asked if there are any statistics about
"people pulling over causing accidents."
MS. CASHEN said she could get those statistics.
REPRESENTATIVE JOHNSON responded, "I don't -- I think the
point's been made."
8:40:53 AM
REPRESENTATIVE GRUENBERG clarified that Section 1 deals with
learner's permits, which can be obtained at the age of 14 and
last for up to two years, and must be used in the accompaniment
of an adult 21 years of age or over. Section 2, he said,
addresses the issue of the graduated license for those who are
over 16. He stated, "We're adding the cell phone requirement to
both parts of the law."
8:42:10 AM
REPRESENTATIVE COGHILL said he would like to divide the
amendment. He said he supports Section 1, but is not sure about
Section 2. He shared the following anecdote:
My daughter was 16 years old and had a job that she
had to be to work at five in the morning. She opened
up the shop. And somebody wanted her really bad, and
they were trying to run her off the road. And she
picked up her cell phone and made a phone call and had
a police there that caught that person. And so, I
often wonder about those who misuse it, and those who
are forbidden because of those who misuse it. I just
wonder if we're going down the right road.
REPRESENTATIVE COGHILL said he is not disagreeing with the
statistics that say there are people between "the ages described
here" that have accidents after school and before dinner. He
named [eating] fast food [in the car] and [listening to]
installed sound systems as other causes of distraction. He
admitted that cell phones can be a problem for many adults and
young people, but he said there are many positive aspects of
having a cell phone. He stated, "One time my daughter was
saved; it's going to be awfully hard for me to say other people
don't get that same benefit."
8:44:02 AM
CHAIR LYNN remarked that if it were ever his choice whether to
allow someone to run him off the road or to violate "this
provision" he would use the cell phone.
REPRESENTATIVE COGHILL said he agrees, but clarified that if the
amendment is adopted, then those who would use the cell phone
would be "acting outside of the law."
REPRESENTATIVE COGHILL, in response to Chair Lynn, reiterated
that he would like to divide the question for Amendment 1.
REPRESENTATIVE GRUENBERG stated his assumption that the
committee had no objection to Section 1.
8:44:56 AM
CHAIR LYNN removed his objection to Amendment 1.
8:45:21 AM
REPRESENTATIVE JOHNSON objected to adopting Section 1. He
stated, "I see this as something that's just terribly
unenforceable. I agree with the concept, but I just don't know
how we're going to enforce ... the penalties if you've got
someone 21 years old [saying], 'It wasn't me, it was this person
talking on the phone; I wasn't really doing it.'" He questioned
whether it would be a primary offense, thereby allowing an
officer to pull someone over [who is talking on a cell phone]
because the officer thinks the person is driving with a
provisional driver's license. He stated, "The last thing I want
is another reason for police ... to pull over a car for any
reason they see fit." In response to Chair Lynn, he said he
would definitely want to "amend this amendment." He said he
supports the concept of the bill and doesn't want to hold it up
in committee; however, he said he thinks the committee is
stepping over the line and "starting down a slope" that he said
he is not prepared to go down.
8:47:43 AM
REPRESENTATIVE ROSES recalled that the bill started out
addressing the issue of video monitoring devices, and then the
issue of cell phone use was added. He said he thinks the
committee is contemplating putting something in the bill that
would be difficult to enforce and may kill the bill entirely.
CHAIR LYNN indicated that the practice of adding issues onto
bills concerns him.
8:49:24 AM
REPRESENTATIVE CARL GATTO, Alaska State Legislature, testified
as joint prime sponsor of HB 88. He offered an anecdote. He
stated that everything that is added to the bill complicates it,
thus, he asked the committee to narrow the bill down to its
original purpose. In response to a question from Representative
Johnson, he confirmed that he does not support any part of
Amendment 1.
8:53:09 AM
REPRESENTATIVE GRUENBERG withdrew Amendment 1.
8:53:46 AM
REPRESENTATIVE COGHILL recommended that Representative Gatto
look at the new committee substitute, because it includes
"watching a program or reading from a visual display on a
portable cellular telephone," which he said can be interpreted
as using a cell phone. He said, "Certainly you don't want to be
reading text messages, I agree, but when I answer my Blackberry,
quite often I will have to click it, and I'll look to see who's
calling me before I raise it up to my ear." He added, "It'll be
a violation, I think."
REPRESENTATIVE GATTO reminded the committee that the original
language is that the devise "shall not be visible," and he said
as soon as something is picked up it becomes within the person's
line of sight. He said it is possible for someone to drive with
both hands and look at the road while using attachments to a
cell phone. He stated, "You cannot watch a movie without
watching it."
8:55:21 AM
REPRESENTATIVE GRUENBERG directed attention to page 2, lines 4-5
of Version E, which read as follows:
(2) is watching a program or reading from
the visual display on a portable cellular telephone or
personal data assistant.
REPRESENTATIVE GRUENBERG emphasized that the prohibition would
be in regard to that which is visual. He asked Representative
Gatto, "Do you have a problem with that?"
REPRESENTATIVE GATTO replied:
You know, on this one-on-one conversation it sounds
... okay, but my basic feeling is we can address that
on a separate issue. ... I'd really like to see this
legislation pass in the purest form possible, without
someone making yet another amendment on that one that
can be had in any future committee.
CHAIR LYNN said three of the seven House State Affairs Standing
Committee members also serve on the House Judiciary Standing
Committee and will get a chance to "revisit this."
8:56:28 AM
REPRESENTATIVE ROSES, regarding Representative Coghill's
previous statement pertaining to glancing at a Blackberry to see
who is calling, said he does not think the bill "goes to that
level."
8:57:25 AM
REPRESENTATIVE LYNN, in response to Representative Gatto, said
new fighter planes have a "heads up" display, so there is not
distraction in looking down in the cockpit. He added, "It works
the same in an automobile." He said that may be a subject to
explore in a bill in the future.
8:58:10 AM
REPRESENTATIVE JOHNSON said he has been in a car in which the
speedometer shows in the windshield.
8:58:33 AM
REPRESENTATIVE GRUENBERG moved to report CSHB 88, Version 25-
LS0312\E, Luckhaupt, 2/19/07, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 88(STA) was reported out of the House State
Affairs Standing Committee.
The committee took an at-ease from 8:59:07 AM to 9:01:50 AM.
HB 117-PROCLAMATION CALLING A SPECIAL SESSION
9:02:03 AM
CHAIR LYNN announced that the last order of business was HOUSE
BILL NO. 117, "An Act relating to proclamations issued by the
governor calling the legislature into special session."
9:02:12 AM
TOM WRIGHT, Staff, House Majority Office, Alaska State
Legislature, presented HB 117 on behalf of Representative John
Harris, prime sponsor. He said the proposed legislation would
direct the governor or administration to give a 30-day notice in
calling a special session rather than a 15-day notice. The
exception would be at the end of a regular session or in the
event that a disaster notice is given, he said.
9:03:10 AM
REPRESENTATIVE GRUENBERG said he supports HB 117.
Notwithstanding that, he questioned whether there may be other
possible reasons there may be a need to call a session more
quickly.
9:03:34 AM
MR. WRIGHT said the two exceptions in the bill were pointed out
to the sponsor by Legislative Legal and Research Services.
9:04:17 AM
CHAIR LYNN, after ascertaining that there was no one to testify,
closed public testimony.
9:04:24 AM
REPRESENTATIVE GRUENBERG directed attention to a handout in the
committee packet which shows an excerpt of AS 26.23.020. He
pointed to the first part of subsection (k), which read as
follows:
(k) The governor may expend more than $500,000 of
state funds to cope with an incident under (h) of this
section or more than $1,000,000 of state funds to cope
with a disaster under (i) of this section under the
following circumstances:
REPRESENTATIVE GRUENBERG pointed out that subsection (k) refers
to subsection (h), which read as follows:
(h) The governor may expend during a fiscal year
not more than $500,000 of state funds per incident to
prevent, minimize, or respond to the effects of an
incident that may occur or occurs in the state and
that, in the determination of the governor, poses a
direct and imminent threat of sufficient magnitude and
severity to justify state action. Before expending
funds under this subsection to respond to an incident,
the governor shall provide a financing plan to cope
with the incident to the legislature in the same
manner prescribed for disaster emergencies under AS
26.23.025(a).
REPRESENTATIVE GRUENBERG offered a scenario in which imminent
danger is outside the boundary of the state, but the governor
may want to call a special session to prepare the state. He
said, "I just want to give the governor the broadest possible
ability to respond."
REPRESENTATIVE COGHILL said he thinks the language in subsection
(h) includes preventative measures.
9:07:30 AM
MR. WRIGHT concurred with Representative Coghill. He also
directed attention to the language of [subsection (k), paragraph
(2), subparagraph (B)], which read as follows:
(B) the presiding officers of both the house of
representatives and the senate agree that a special
session should not be convened and so advise the
governor in writing.
REPRESENTATIVE GRUENBERG noted that subsection (h) [text
provided previously] refers to an incident "that may occur" in
the state. He said he just wants on the record that the
committee has discussed this issue and it believes the governor
would have the power to call a special session more quickly in
the event of "one of these incidents."
MR. WRIGHT said he thinks common sense will prevail.
9:08:47 AM
REPRESENTATIVE DOLL, returning to the issue of a 30-day notice,
said she, as a freshman legislator, would like some historical
perspective as to whether "this has been a sufficient problem in
the past to warrant this."
REPRESENTATIVE COGHILL related that in the 9 years he has served
on the legislature, he has seen 13 special sessions. He said he
can recall only one year during which he has gone home on time
since 1998.
REPRESENTATIVE DOLL asked, "Would the 30 days have made a
difference in this?"
REPRESENTATIVE COGHILL answered yes. He said most of the
special sessions were called while the legislature was still in
regular session, for considerations both economical and
political. He continued:
The issue that we dealt with last year was that the
governor, in trying to put together a pipeline deal,
kept us ready to come back .... He expected any week
that he would get some agreement. And there were many
people who weren't able to get gainfully employed,
because they couldn't guarantee their employers that
they would be able to work for more than two weeks.
And so, this would, at least, give some certainty to
that, and I think that it's appropriate.
9:10:51 AM
MR. WRIGHT indicated that Representative Coghill's point is one
of the main reasons for introducing HB 117. He said the bill
would give legislators and their staff more time to find housing
in order to prepare for the special session.
CHAIR LYNN said this issue affects legislators' families, as
well. He said he agrees with the sponsor's proposed 30-day
notice.
9:11:44 AM
REPRESENTATIVE COGHILL said the current option the legislature
has to call itself in to a special session with a two-thirds
vote would still remain.
MR. WRIGHT confirmed that is correct.
9:12:02 AM
REPRESENTATIVE GRUENBERG, regarding the language on page 1,
lines 7-8, "or within one hour after the first house has
adjourned", said he would be amenable to allowing 2 to 6 hours.
He said the legislature has sometimes adjourned "at some ungodly
hour" and giving more time would allow the governor to issue the
proclamation before 1 a.m.
9:12:57 AM
REPRESENTATIVE COGHILL reminded Representative Gruenberg that
there have been times the legislature has adjourned at 4 p.m.
and legislators were on the airplane by 6 p.m. the same night.
He said it is important, therefore, to make the proclamation
within an hour - before anyone has a chance to get on an
airplane. He said, "Once you get people scattered all over
Alaska, it's very expensive to get them back."
9:13:49 AM
REPRESENTATIVE GRUENBERG said he can think of a circumstance in
which a governor would want the legislature to reconsider a bill
that either did not pass at the last minute or did, but not to
the governor's liking. He said the governor might not know that
a special session is necessary "until the presiding officer had
gaveled out." The one hour time limit could be a crucial point.
He said he won't offer an amendment or hold up the bill;
however, he stressed the importance of further consideration of
the issue.
9:15:30 AM
CHAIR LYNN encouraged Representative Gruenberg to explore that
issue in the House Judiciary Standing Committee.
9:15:41 AM
CHAIR LYNN, after ascertaining that there was no one to testify,
closed public testimony.
9:15:53 AM
REPRESENTATIVE COGHILL moved to report HB 117 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 117 was reported out of the
House State Affairs Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
9:16:31 AM.
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