Legislature(2015 - 2016)GRUENBERG 120

04/13/2016 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 4/14/16 at 8:00 a.m. --
+= HB 347 RECOVERY OF FALSE CLAIMS FOR STATE FUNDS TELECONFERENCED
Moved CSHB 347(JUD) Out of Committee
-- Testimony <Invitation Only> --
+ SB 123 USE OF ELECTRONIC DEVICES WHILE DRIVING TELECONFERENCED
Heard & Held
-- Public & Invited Testimony --
+ SJR 2 CONST. AM: G.O. BONDS FOR STUDENT LOANS TELECONFERENCED
Heard & Held
+ SB 121 SECURITY FREEZE ON CERTAIN CREDIT REPORTS TELECONFERENCED
Heard & Held
+= SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS TELECONFERENCED
Heard & Held
-- Public & Invited Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 174 REG. OF FIREARMS/KNIVES BY UNIV. OF AK TELECONFERENCED
Moved CSSB 174(FIN) Out of Committee
         SB 123-USE OF ELECTRONIC DEVICES WHILE DRIVING                                                                     
                                                                                                                                
2:20:38 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced  that the next order of  business would be                                                               
CS FOR  SENATE BILL NO.  123(JUD), "An  Act relating to  the bail                                                               
forfeiture schedule  and the  penalty for  the use  of electronic                                                               
devices while driving; and providing for an effective date."                                                                    
                                                                                                                                
2:21:06 PM                                                                                                                    
                                                                                                                                
SENATOR KEVIN MEYER,  Alaska State Legislature, said  that SB 123                                                               
mirrors an  Anchorage Assembly ordinance that  lowers the penalty                                                               
for  texting while  driving  from a  class  A misdemeanor,  which                                                               
carries  up  to  a $10,000  fine  and  one  year  in jail,  to  a                                                               
violation  of  $500.    He  explained  that  the  thought  behind                                                               
lowering  the penalty  is  that by  allowing  law enforcement  to                                                               
issue  a  ticket  immediately,  it  will  result  in  a  stronger                                                               
deterrent and  provide swift punishment  for those who  engage in                                                               
distracted driving.   Another  aspect of  current law,  which was                                                               
originally  part  of  Representative Gruenberg's  bill,  included                                                               
higher penalties for those found  guilty of texting while driving                                                               
that resulting in an injury or  death, and it will not be changed                                                               
by this  legislation.  The intent  is to prevent injury  or death                                                               
by  being able  to write  a  citation when  law enforcement  sees                                                               
someone texting and  driving.  He related that  the current class                                                               
A  misdemeanor  charge of  texting  and  driving is  not  working                                                               
because  it  requires obtaining  and  serving  a search  warrant,                                                               
obtaining the cell phone, investigating  the contents of the cell                                                               
phone, and then  trying the case in  a court of law.   He pointed                                                               
out that the  cost of prosecuting individuals has proven  to be a                                                               
deterrent  for  law  enforcement  to  charge  individuals.    For                                                               
example,  he said,  since 2011,  when  the Anchorage  [ordinance]                                                               
went into  effect, only  20 individuals  have been  charged while                                                               
texting and of  those only four resulted in a  conviction.  Under                                                               
SB  123,  an  officer  witnessing  an  individual  texting  while                                                               
driving  can  pull  the  person  over  and  immediately  issue  a                                                               
citation.   The person will  still have  the right to  appeal the                                                               
citation, but the process would  be handled through traffic court                                                               
rather than tying up criminal  courts.  Finally, he related, "the                                                               
bill adds the violation to  the bail schedule" and establishes an                                                               
effective date of July 1, 2016,  to give the court system time to                                                               
update the schedule.   There is a zero fiscal  note, he said, and                                                               
it is  not intended to  be a revenue  bill, it  is meant to  be a                                                               
deterrent to texting while driving.                                                                                             
                                                                                                                                
2:23:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  opined that this  looks like an  idea from                                                               
the Anchorage Assembly.                                                                                                         
                                                                                                                                
SENATOR  MEYER  agreed  that  it  did  come  from  the  Anchorage                                                               
Assembly, and  passed last fall.   He opined that it  seems to be                                                               
working for them  thus far, and he  thought that if it  is a good                                                               
ordinance, it is probably a good state law.                                                                                     
                                                                                                                                
REPRESENTATIVE CLAMAN  commented that  it is consistent  with the                                                               
crime  bill in  terms  of recognizing  that  rather than  locking                                                               
people  up,  giving  law  enforcement   the  option  to  write  a                                                               
citation.                                                                                                                       
                                                                                                                                
CHAIR  LEDOUX  said  that   Representative  Claman  mirrored  her                                                               
thoughts.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS noted  that he  heard the  bill in                                                               
House State Affairs  Standing Committee and it seems  like a good                                                               
idea.                                                                                                                           
                                                                                                                                
CHAIR LEDOUX listed witnesses available  to answer questions, and                                                               
opened public  testimony.   After ascertaining  no one  wished to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
2:25:51 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX advised that SB 123 would be set aside.                                                                            
                                                                                                                                
[SB 123 was held over.]                                                                                                         

Document Name Date/Time Subjects
SB 123 - Sponsor Statement.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - CS ver E (JUD).pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Summary of Changes ver A to ver E.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Version A.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Fiscal Note-DOA-OPA-02-09-16.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Fiscal Note-DPS-AST-02-08-16.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Fiscal Note-LAW-CRIM-02-08-16.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Supporting Documents - Alaska Texting While Driving Charges.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Supporting Documents - Alaska Texting While Driving Penalties.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Supporting Documents - AO 2015-126 Pages 14-15.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Supporting Documents - Article ADN 11.15.15.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Supporting Documents - Hands Free Info.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Supporting Documents - Legal Memo 2.24.2016.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Supporting Documents - Legislative Research Report Municipal Laws.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
SB 123 - Supporting Documents - NCSL Texting While Driving State Laws.pdf HJUD 4/13/2016 1:00:00 PM
SB 123
HB 347 - Sectional Analysis - Version H.pdf HJUD 4/13/2016 1:00:00 PM
HB 347
HB 347 - Proposed CS - Version H.pdf HJUD 4/13/2016 1:00:00 PM
HB 347
HB 347 - Summary of Changes - Version A to Version H.pdf HJUD 4/13/2016 1:00:00 PM
HB 347
HB 347 - Supporting Documents - Article Alaska Bar Rag.pdf HJUD 4/13/2016 1:00:00 PM
HB 347
HB 347 - Supporting Documents - Examples of False Claims Cases.pdf HJUD 4/13/2016 1:00:00 PM
HB 347
SB 121 Sponsor Statement Version E.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 ver E.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 Summary of Changes ver A to ver E.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 ver A.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 Fiscal Note-LAW-CIV-01-23-16.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 Supporting Documents-Legal Memo 10.8.2015.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 Supporting Documents-Alaska Personal Information Protection Act.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 Supporting Documents-Laura Hughes Email 5.28.15.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 Supporting Documents-Child ID Theft Report 2012 AllClear ID Network.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 Supporting Documents-CyLab Child Identity Theft Report.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 Supporting Documents-NCSL Article Identity Theft Strikes Young.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SB121 Supporting Documents-NCSL Child Identity Theft State Laws.pdf HJUD 4/13/2016 1:00:00 PM
SB 121
SJR 2 Sponsor Statement.pdf HJUD 4/13/2016 1:00:00 PM
SJR 2
SJR 2 Sectional Analysis.pdf HJUD 4/13/2016 1:00:00 PM
SJR 2
SJR 2 - Version A.pdf HJUD 4/13/2016 1:00:00 PM
SJR 2
SJR 2-Fiscal Note-OOG-DOE-03-18-16.pdf HJUD 4/13/2016 1:00:00 PM
SJR 2
SJR 2 Letter of Support-Juneau Chamber of Commerce.pdf HJUD 4/13/2016 1:00:00 PM
SJR 2
SJR 2 Letter of Support-University of Alaska.pdf HJUD 4/13/2016 1:00:00 PM
SJR 2
SB 91 - Draft CS ver X (HJUD).pdf HJUD 4/13/2016 1:00:00 PM
SB 91
SB91-Summary of Changes ver Y.A (FIN) to X (HJUD).pdf HJUD 4/13/2016 1:00:00 PM
SB 91
SB 174 - Opposing Documents - UA Memo to House Judiciary 04.13.16.pdf HJUD 4/13/2016 1:00:00 PM
SB 174
SB 91 - Written Testimony .pdf HJUD 4/13/2016 1:00:00 PM
SB 91