Legislature(2015 - 2016)BUTROVICH 205
02/13/2016 10:00 AM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB123 | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 123 | TELECONFERENCED | |
| += | SB 91 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 123-USE OF ELECTRONIC DEVICES WHILE DRIVING
10:03:57 AM
CHAIR STOLTZE announced the consideration of SB 123.
10:04:06 AM
SENATOR KEVIN MEYER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 123, said that Anchorage had recently passed an
ordinance to lower the penalty of texting while driving from a
class A misdemeanor to a $500 fine. He said SB 123 proposes to
do the same statewide that allows law enforcement officers to
issue tickets immediately, resulting in a stronger deterrent. He
added that no other aspect of current law was changed by SB 123.
SENATOR MEYER said the bill will also prevent the long
misdemeanor process and cost of prosecuting individuals using
electronic devices while driving.
10:06:35 AM
He continued to explain that under current law, only 20
individuals in Anchorage were cited over four years and only
four resulted in a conviction. He described the ticketing
process under SB 123. He noted that SB 123 has two zero-fiscal
notes. He opined that the bill will save money and deter a very
dangerous activity.
CHAIR STOLTZE noted that the Municipality of Anchorage changed
many of their traffic fines as a revenue measure. He asked
Senator Meyer for his opinion.
SENATOR MEYER answered that the intent of the bill is not to
make money, but for safety and to save money for the state by
eliminating the criminal court process.
CHAIR STOLTZE asked if there will be more enforcement.
SENATOR MEYER answered yes. He asserted that enforcement will be
easier to enforce and compared the process to writing a traffic
ticket. He emphasized that the intent is not to generate money
for the state.
CHAIR STOLTZE said he had heard the current texting penalty was
comparable to a first-time DUI and officers were inclined to
give a warning for first-time texting offenders.
10:10:01 AM
SENATOR MEYER agreed with Chair Stoltze. He spoke of other laws,
such as a minor in possession, that are also not being enforced
and the possibility that it would be changed from a misdemeanor
to a fine.
CHAIR STOLTZE commented that if texting leads to bodily injury
there are more severe consequences.
SENATOR MEYER agreed. He said the current law states that if a
person who is texting causes a death or great harm it results in
a separate penalty.
SENATOR COGHILL noted that in the bill, aggravation ramps up the
penalty into a felony; for example, if a person uses an
electronic device and causes an accident, the penalty is quite
high. He agreed with ticketing for a simple violation.
SENATOR MEYER noted a handout that shows the various penalties
in the bill.
CHAIR STOLTZE pointed out that a bail schedule offense requires
action by the courts.
10:14:08 AM
SENATOR WIELECHOWSKI joined the committee via telephone.
SENATOR MEYER specified that traffic tickets are payable by mail
and he wondered if that provision should be included in the
bill.
CHAIR STOLTZE commented that SB 123 is a deterrent.
SENATOR MEYER concurred with Chair Stoltze and noted that people
of every age text and the problem is serious.
10:16:53 AM
NANCY MEADE, General Counsel, Alaska Court System, Anchorage,
Alaska, answered questions related to SB 123. She explained that
if the Legislature requests that the Alaska Supreme Court put
the offense onto a bail schedule, a fine schedule, it can be
disposed of by mailing in the fine amount. She used a speeding
ticket as an example. She said the proposed change contained in
SB 123 could be put onto a bail schedule. She added that traffic
offenses can be put on a bail schedule because there is a
statute already in place that provides for that. She said should
SB 123 pass, the Department of Public Safety (DPS) would work
with the Alaska Court System to request it be done and the
Supreme Court would add it to the existing traffic bail
schedule.
10:18:45 AM
CHAIR STOLTZE asked if the Legislature would have an advisory
role if the executive branch and the court don't agree to do it.
MS. MEADE specified that the Legislature's role is to say what
the fine amount would be. She added that if the legislative
intent is that it goes on a bail schedule, her experience is
that DPS would propose it and the court would do it.
CHAIR STOLTZE asked if the Legislature's role is advisory.
MS. MEADE replied that the Legislature could state definitively
that something must be on a bail schedule and the Supreme Court
has historically done so.
10:20:16 AM
CHAIR STOLTZE postponed public testimony and held SB 123 in
committee.