CSHB 438(JUD) am-MOVE OVER LAW FOR DRIVERS  CHAIR GARY STEVENS announced the first order of business to come before the committee to be CSHB 438(JUD) am. MATHEW RUDIG, staff to Representative Jim Holm, stated that this is a key piece of legislation to improve the safety of public safety, fire and emergency workers that work on the edge of a roadway. According to the national law enforcement officers' memorial fund, 93 law enforcement officers were struck and killed by vehicles from 1997 to 2002. Establishing the bill in statute encourages the public to recognize that caution is needed when passing emergency personnel and provides penalties for those that disobey the law. He pointed out that 30 states have already enacted similar legislation and that Fairbanks police officers have sent in written testimony in support of HB 438. CHAIR GARY STEVENS noted there was an amendment in the packet and asked whether he intended to present that. MR. RUDIG said the proposal came from the Department of Public Safety and they have no objection to the amendment. It simply clarifies the statute. 23-LS1602\HA.1 Luckhaupt 04/23/04 A M E N D M E N T 1 OFFERED IN THE SENATE TO: CSHB 438(JUD) am Page 1, line 11: Delete "below the speed limit" Insert "considering the traffic, roadway, and weather conditions" CHAIR GARY STEVENS asked for a motion to adopt amendment 1. SENATOR JOHN COWDERY motioned to adopt amendment 1. There being no objection, Amendment 1 was adopted. LT. AL STOREY, Alaska State Trooper, testified via teleconference and thanked Mr. Rudig for his excellent introduction. He said that the amendment mirrors the language in 13 AA 02.275(a) and gives them elements that they could describe in an adjudication process if a citation were issued. SHELLY OWENS, health program manager with the Department of Health and Social Services, stated that the department supports the bill. The danger to emergency personnel when they are responding to roadside emergencies is well documented and it's believed that this bill will reduce the incidence of secondary collisions resulting from inattentive and distracted drivers. In conclusion she reiterated that the department supports a variety of efforts to reduce the number and severity of injuries to fire, emergency medical service, and law enforcement personnel. CHAIR GARY STEVENS asked for the pleasure of the committee. SENATOR COWDERY motioned to report SCS CSHB 438(STA) from committee with individual recommendations and attached fiscal notes. There being no objection, it was so ordered.