Legislature(2015 - 2016)CAPITOL 106
04/07/2016 08:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SCR16 | |
| SB123 | |
| SCR20 | |
| SB6 | |
| SB24 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 16 | TELECONFERENCED | |
| + | SB 123 | TELECONFERENCED | |
| + | SCR 20 | TELECONFERENCED | |
| + | SB 6 | TELECONFERENCED | |
| + | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 123-USE OF ELECTRONIC DEVICES WHILE DRIVING
8:16:28 AM
CHAIR LYNN 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."
8:16:43 AM
SENATOR KEVIN MEYER, Alaska State Legislature, as prime sponsor
of SB 123, advised that Anchorage recently passed an ordinance
to lower the penalty for texting while driving from a class A
misdemeanor to a $500 fine or citation. This bill attempts to
turn the Anchorage ordinance into a statewide law. He
indicated that under SB 123, the current law is not being
enforced, and he posited that the $500 fine would provide a
stronger deterrent against drivers' texting while operating a
motor vehicle.
CHAIR LYNN asked Senator Meyer to confirm he is saying that the
proposed lowering of the violation from a misdemeanor to a $500
fine would make it less likely drivers would text while driving.
SENATOR MEYER explained that in order to prosecute a class A
misdemeanor, a search warrant must be served to obtain the cell
phone, then the content of the cell phone must be investigated,
and offered that trying the case in a court of law is expensive,
time consuming, and hard to prove. For example, he said, the
current law in Anchorage was passed in 2011, only 20 individuals
were charged over that four year period, and only four of those
individuals were actually convicted. Therefore, he pointed out,
current law does not work, yet the ordinance passed in Anchorage
appeared to work when it went to a violation or fine, such as a
speeding ticket. He stressed that no other provision of current
law will be changed, such that if someone is texting, gets into
an accident and causes serious harm, injury, or death, the
individual will suffer the higher penalty. The intent of this
bill is to try to prevent a serious accident from taking place,
he advised.
CHAIR LYNN asked whether it is difficult for law enforcement to
observe texting taking place in another vehicle.
SENATOR MEYER responded that it is possible to see people
texting while they are driving, and [texting while driving] is
unsafe.
8:20:29 AM
REPRESENTATIVE VAZQUEZ said she supports the intent of the bill,
although she expressed concern regarding individuals caught
texting three or four times, and suggested increasing the
penalty if they are caught texting over two times.
SENATOR MEYER replied that he had not considered multiple
violations, but if someone is picked up multiple times, they
have potentially spent $2,000, which one would hope was a
deterrent. He reiterated that currently people texting are not
being pulled over at all.
8:22:19 AM
EDRA MORLEDGE, Staff, Senator Kevin Meyer, Alaska State
Legislature, answered that Senator Meyer's office did not
contemplate habitual offenders, and she deferred to Lieutenant
David Hanson. She said she was unsure whether there is latitude
for officers to charge under a different statute, such as
reckless endangerment, and whether dispatch could look up a
person's driving record while he/she is pulled over.
8:22:54 AM
LIEUTENANT DAVID HANSON, Alaska State Troopers, Department of
Public Safety, advised he has been with the Alaska State
Troopers for 22 years, and he is the current deputy commander of
the Alaska Bureau of Highway Patrol overseeing activity of
patrol troopers dedicated to working in the safety corridors and
special events around the state.
LIEUTENANT HANSON, in response to a question from Chair Lynn,
advised that he reviewed the case records from 2012 through
2015, and the Department of Public Safety (DPS) initiated a
total of 69 cases involving texting, operating a screen device,
or otherwise driving while distracted in a motor vehicle. Of
the 69 cases, 17 were charged under 13 AAC 02.495(c), which he
described as a catch-all regulation addressing drivers
distracted by something in the vehicle, such as a small dog,
trying to eat, operating an electronic device, or applying
makeup, for example. He advised the other 52 cases were charged
under AS 28.35.161, which specifically addressing prohibiting
screen devices, which is roughly 13 cases each year. Troopers
are less likely to charge an individual with a class A
misdemeanor under AS 28.35.161, burden of proof requirements in
criminal proceedings, evidence the driver was distracted by a
screen device. Whereas, he pointed out, the trooper might have
an in-car video that would capture bad driving, such as weaving
within the lane, abrupt braking, or slow or erratic speeds.
LIEUTENANT HANSON offered that it is oftentimes difficult and
unsafe for the trooper to attempt to document a driver texting
or using his/her phone for a reason that violates the statutory
definition. The trooper would then appear in a criminal trial
with little or no physical evidence. He offered, reducing the
crime to a violation allows a trooper to observe an offense such
as, a driver running a stop sign or making an illegal lane
change, and simply cite them into court. He related that SB 123
would still allow a due process option and encourage law
enforcement to contact more drivers observed committing this
offense to educate them on the dangers of texting and driving,
and take an appropriate enforcement action.
8:25:55 AM
CHAIR LYNN reiterated his question previously asked of Senator
Meyer regarding the difficulty in looking into someone's car and
observing the driver texting.
LIEUTENANT HANSON replied that it is not that difficult. The
question becomes whether that person is dialing a phone number,
which they are allowed to do under current law, or if he/she is
texting. He noted that in the case of a larger screen being
held in front of the person, it is not difficult for the trooper
to see text bubbles, which indicate texting. Many times the
troopers will see people looking down into their laps and drive
erratically or slowly within a lane, and it takes 30-60 seconds
of investigation while driving next to a vehicle to see what is
going on and whether the driver is being distracted by
something. In reality, he said, if a person is dialing a phone,
it takes a couple of seconds, especially with the hands free
features, and there is no need to be distracted by the screen
device for any length of time.
8:27:43 AM
REPRESENTATIVE VAZQUEZ said she agrees with the intent of the
bill and opined that as written, she could imagine that many law
enforcement officers don't bother due to the requirements of a
misdemeanor, especially when moving on to a robbery or an
assault. She noted the burden of proof is higher when charging
someone with reckless driving; this statute would make it easy
if they are texting; and more people will be cited if it is a
violation. She referred to her concern with the individual with
two or four violations on the books, and said she would like to
see a bigger hammer for those people habitually texting.
8:30:35 AM
LIEUTENANT HANSON agreed that subsequent offenses could be more
difficult to figure out, such as "if one hammer doesn't work,
will a second hammer work?" He opined that if troopers are able
to stop more people and $500 fines are issued, most people will
be significantly affected and hopefully stop this behavior. He
suggested that the point system may work, because eventually the
person would receive an administrative action from the Division
of Motor Vehicles, which could adversely affect the person's car
insurance. The issue of the violation becoming a misdemeanor at
some point would be difficult, because depending on where a
person is in the process with his/her prior activity, the Alaska
Public Safety Information Network (APSIN) might not have the
information. He then clarified that the revenue from the
citations go into the general fund. Speaking from an
enforcement point of view and his own experiences, he suggested
that the point system would probably be the deterrent
Representative Vazquez is looking for without elevating this to
a reckless driving level. For example, if a $500 fine and a
four point offense were imposed, he opined that would be a
fairly strong deterrent.
8:33:36 AM
REPRESENTATIVE VAZQUEZ remarked that she likes the idea of added
points, yet the point system of driving under the influence is
fairly Draconian at times and yet there are repeat offenders.
She said she would like to see an amendment adding the point
system as described by Lieutenant Hanson.
8:34:17 AM
SENATOR MEYER noted that the point system is set through
regulation.
MS. MORLEDGE advised that the point system is established by the
Department of Administration, and she would look into amending
SB 123 to direct the department to add [texting while driving]
to the point system.
CHAIR LYNN pointed out that Alaska's late friend, Max Gruenberg,
had a bill addressing the issue in the House State Affairs
Standing Committee some years ago.
REPRESENTATIVE KELLER recommended moving slowly on the point
system regulation, not because it is a bad idea, but to make one
change at a time to allow time on the violation first.
REPRESENTATIVE KREISS-TOMKINS noted that some members of this
committee are also on the next committee of referral, and he
asked whether members could work with Representative Vazquez to
examine options.
REPRESENTATIVE VAZQUEZ remarked that if it is the will of the
committee, the bill should be moved out today to the next
committee of referral.
SENATOR MEYER remarked he looks forward to working with
Representative Vazquez' office on a possible amendment, so that
when the proposed legislation gets to the House Judiciary
Standing Committee, it is ready to go.
8:37:42 AM
The committee took a brief at ease.
8:37:58 AM
REPRESENTATIVE VAZQUEZ moved to report CSSB 123(JUD), labeled
29-LS1198\E out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, CSSB
123(JUD) passed from the House State Affairs Standing Committee.