Legislature(2013 - 2014)BARNES 124
02/27/2014 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB123 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 123 | TELECONFERENCED | |
SB 123-PROHIBIT USE OF CELL PHONE WHILE DRIVING
8:06:31 AM
CO-CHAIR NAGEAK announced that the only order of business would
be SENATE BILL NO. 123, "An Act authorizing a municipality to
adopt an ordinance prohibiting the use of cellular telephones
while driving in school zones or on school property."
8:06:49 AM
SENATOR KEVIN MEYER, Alaska State Legislature, speaking as the
sponsor of SB 123, explained that SB 123 would provide
municipalities the ability to pass a local ordinance to prohibit
the use of cell phones while driving in school zones or on
school property. This legislation, he highlighted, simply
allows municipalities the option to pass such an ordinance and
doesn't specify how it would be crafted. The legislation was
precipitated by a constituent who, when dropping off his child
at school, was rear-ended by an individual speaking on a cell
phone in a school zone. Currently, this constituent volunteers
as a crossing guard, a position in which he observes people
driving in the school zone who are in a hurry, using their cell
phone, and not paying attention. This constituent worked with
the Municipality of Anchorage Assembly for some time to address
this, but ultimately it was determined that enabling legislation
is necessary before the municipality can pass such an ordinance.
Senator Meyer noted that Municipality of Anchorage Assembly
Chairman Ernie Hall, Anchorage School District Superintendent Ed
Graff, and Anchorage Mayor Dan Sullivan all support SB 123. He
then pointed out that there is no fiscal note for SB 123 as it's
merely enabling legislation.
8:10:12 AM
CO-CHAIR LEDOUX said she understood this in terms of a hand-held
device, but didn't see much difference between talking on a
speaker phone and talking to someone in the vehicle.
SENATOR MEYER noted his agreement, adding that in the Senate
there was discussion regarding whether cell phones are more of a
distraction than pets or smoking in the vehicle. Again, the
details, such as whether hand-held devices are or aren't
acceptable, would be left up to the local municipality to
determine.
8:11:25 AM
CO-CHAIR LEDOUX asked whether the sponsor felt that other
municipalities across the state would be likely to enact such
ordinances.
SENATOR MEYER answered that he wasn't sure, but pointed out that
assemblies are closer to the people and that one of the number
one concerns of parents [in his district] is the traffic
congestion when dropping off and picking up students at school.
8:12:22 AM
CO-CHAIR NAGEAK pointed out that when a driver is talking to
someone the driver can still keep his/her eyes on the road.
However, cell phones allow texting, which he emphasized is
dangerous and of concern in school zones.
CO-CHAIR LEDOUX reminded the committee that texting while
driving is already illegal in Alaska.
8:13:21 AM
SENATOR MEYER suggested that although [an ordinance prohibiting
the use of cell phones in school zones or on school property]
won't completely eliminate their use, it provides crossing
guards, volunteers, and principals the opportunity to remind
folks it is against the law.
8:14:26 AM
REPRESENTATIVE REINBOLD began by stating her belief that
responsibility can't be legislated. She related that although
she received one response in opposition to SB 123, she recalled
her experience as a substitute teacher and parent and opined
this legislation makes sense. She then asked whether this
legislation allows the municipalities to make the decision as to
whether to allow texting from those sitting in a vehicle in a
parking lot waiting for their child to exit school.
SENATOR MEYER reiterated that the limitations would be left to
the local municipality. He noted his agreement that when the
vehicle is stopped parents will likely want to be able to call
their children while waiting for them outside the school. The
concern, he emphasized, is if the driver while driving through
the chaos that occurs in school zones is talking on his/her cell
phone. Senator Meyer didn't have too much concern for those
cases in which individuals are using their cell phones when the
vehicle is stationary.
REPRESENTATIVE REINBOLD opined that high schools are the most
chaotic zones.
8:16:34 AM
REPRESENTATIVE KITO III said that he liked that the proposal is
a local option. With regard to Representative Reinbold's
concerns, Representative Kito III pointed out that using a cell
phone while parked in a school zone is likely okay since the
legislation refers to "operating a motor vehicle". He related
his observation that there have been several changes in the
school zones in Juneau. He opined that intense enforcement at
the beginning of the school year and periodic checks later could
discourage [the use of cell phones in school zones].
8:17:45 AM
REPRESENTATIVE OLSON informed the committee that a number of
studies have found that talking on a cell phone via blue tooth
as well as talking with others in the car is considered
distracted driving and causes almost as many accidents as does
talking on a cell phone while driving. Distracted driving
includes eating, applying makeup, shaving, and turning around;
basically anything that takes the driver's eyes off the road has
the possibility to lead to an accident. He noted that some
states are considering banning [any] cell phone [use while
driving]. He reviewed the fines for using a hand-held device
while driving in California, which he surmised seems to be
working.
8:18:56 AM
CO-CHAIR LEDOUX, returning to Representative Reinbold's earlier
question, related her belief that the language "operating a
motor vehicle" likely includes when a vehicle is stopped or
parked. She reminded members that under the driving under the
influence (DUI) laws, an individual in a vehicle with his/her
key in the ignition is considered to be "operating a motor
vehicle."
8:19:43 AM
EDRA MORELEDGE, Staff, Senator Kevin Meyer, Alaska State
Legislature, clarified that SB 123 does not intend to prohibit
parents from pulling up to the sidewalk and texting their
children. She related her belief that the Municipality of
Anchorage wouldn't include [such a prohibition] as the intention
is to address cell phone use in a moving vehicle in a school
zone, and thus the language of an ordinance would likely be
crafted to accommodate such cell phone use as described above
[in a stationary/parked] vehicle.
8:20:42 AM
REPRESENTATIVE HERRON inquired as to what the sponsor considered
to be reasonable enforcement parameters.
SENATOR MEYER acknowledged that enforcement is always difficult,
particularly since the proposal in SB 123 would only be enforced
when police are present in school zones, which he indicated
would be a periodic occurrence. Senator Meyer related that
although it was difficult for him to sponsor this legislation
because he doesn't like to legislate how people live their
lives, in this case SB 123 is merely enabling legislation for
the local municipalities.
8:22:12 AM
REPRESENTATIVE HERRON remarked that he likes the legislation and
believes it would be smart for the legislature and any community
to enact the appropriate language so that the charge is higher
than negligent driving or involuntary manslaughter. He then
related that he was rear-ended by a driver who was texting,
which he suggested is an addiction.
SENATOR MEYER noted his agreement that SB 123 will not end
texting while driving, but opined it provides another tool for
the principal and the Parent Teacher Associations.
8:24:55 AM
REPRESENTATIVE HERRON related his preference to clarify the
meaning of the language "operating a motor vehicle" and
indicated he could recommend such a clarifying amendment.
SENATOR MEYER stated that he is amenable to such suggestions or
amendments to SB 123 as there is plenty of time to make changes.
8:25:56 AM
REPRESENTATIVE KITO III asked if state troopers have the ability
to enforce a local ordinance.
SENATOR MEYER, noting that he would double-check, offered his
belief that state troopers in Anchorage have the right to pull
over people. He further offered his belief that state troopers
would be the enforcers in rural areas of the state.
8:26:51 AM
REPRESENTATIVE REINBOLD moved that the committee adopt
Conceptual Amendment 1, which would exempt parked cars. No
objection was stated.
8:27:30 AM
REPRESENTATIVE HERRON suggested that it would be best for
Conceptual Amendment 1 to be reviewed by Legislative Legal
Services.
8:28:29 AM
CO-CHAIR NAGEAK opened public testimony.
8:28:45 AM
MIKE COONS highlighted the various laws on the books today that
elevate already existing simple laws, such as domestic violence
that is an elevation of simple assault to felony assault. The
same is the case for the proposal in SB 123 as there are
existing traffic laws for distracted driving. He questioned
whether the courts would do anything in response to elevating
talking on a cell phone or whether it would be just one more
thing that courts ignore. As mentioned earlier, there is an
existing law prohibiting texting while driving and it carries a
penalty of 1 year in jail and a $5,000 fine, and he questioned
how much the texting law is being enforced. Mr. Coons related
his belief in limited government, and thus he suggested
enforcing the existing traffic laws, including texting while
driving and distracted driving.
8:31:50 AM
CO-CHAIR NAGEAK announced his intent to hold SB 123 in order for
Legislative Legal Services to review some amendments.
8:32:08 AM
REPRESENTATIVE REINBOLD, noting that the next committee of
referral, the House Judiciary Standing Committee, could address
the aforementioned concern, withdrew Conceptual Amendment 1.
8:34:04 AM
CO-CHAIR NAGEAK closed public testimony.
8:34:36 AM
REPRESENTATIVE HERRON moved to report SB 123 out of committee
with individual recommendations, the accompanying fiscal notes,
and a note suggesting a committee substitute be drafted to
address the concerns discussed. There being no objection,
SB 123 was reported from the House Community and Regional
Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 123 ver A.pdf |
HCRA 2/27/2014 8:00:00 AM |
SB 123 |
| SB 123 Sponsor Statement.pdf |
HCRA 2/27/2014 8:00:00 AM |
SB 123 |
| SB 123 Fiscal Note DPS.pdf |
HCRA 2/27/2014 8:00:00 AM |
SB 123 |
| SB 123 Legal Memo.pdf |
HCRA 2/27/2014 8:00:00 AM |
SB 123 |
| SB 123 Uniform Traffic Laws Title 28.pdf |
HCRA 2/27/2014 8:00:00 AM |
SB 123 |
| SB 123 Letter of Support Miller.pdf |
HCRA 2/27/2014 8:00:00 AM |
SB 123 |
| SB 123 Letter of Support Sullivan.pdf |
HCRA 2/27/2014 8:00:00 AM |
SB 123 |
| SB 123 Letter of Support Wight.pdf |
HCRA 2/27/2014 8:00:00 AM |
SB 123 |