Legislature(2003 - 2004)
03/18/2003 08:01 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 88-PROHIBIT CELL PHONE USE WHEN DRIVING Number 2047 CHAIR WEYHRAUCH announced that the next order of business was HOUSE BILL NO. 88, "An Act relating to prohibiting the use of cellular telephones when operating a motor vehicle; and providing for an effective date." Number 2060 REPRESENTATIVE KELLY WOLF, Alaska State Legislature, sponsor of HB 88, told the committee the intent of the bill is to limit the use of cell phones while people are operating an automobile. He indicated perhaps a friendly amendment would be offered to change "motor vehicle" to "automobile". He explained that "motor vehicle" would restrict cell phone use in just about anything that has a motor, including airplanes and boats. Noting that a similar bill had been before a previous legislature, he said he'd picked the bill back up because of contacts from constituents who lost loved ones due to accidents caused by cell phone use. REPRESENTATIVE WOLF revealed that most of the arguments against a bill such as HB 88 state that using a cell phone while driving is no more dangerous than eating a hamburger, adjusting the radio, or putting on makeup or nylons while driving, for example. He said his own son asked him if he would get a ticket [if HB 88 passed], and he admitted that he himself is just as guilty as anybody [of using a cell phone while driving]. REPRESENTATIVE WOLF said cell phone use while driving disengages the brain from [necessary] activities. He noted that Alaska has some of the most adverse driving conditions in the country. He said he believes in HB 88 because people are responsible for their actions. He explained that the concern is that [a person using a cell phone while driving] puts other people at risk. He said he has a responsibility to protect his family [which extends to driving]. REPRESENTATIVE WOLF noted that currently in Alaska all bus drivers who carry a CDL [commercial driver's license] are prohibited from using a cell phone. In response to questions from Chair Weyhrauch, he clarified that although HB 88 would allow for the use of hands-free cell phones in automobiles, the law presently doesn't allow the use of either hands-free or handheld cell phones by CDL drivers who drive buses with a capacity of 15 or more passengers. Number 2307 CHAIR WEYHRAUCH asked how this differs from helmet laws. REPRESENTATIVE WOLF noted that a motorcycle rider usually rides solitarily or with one other person. He revealed that he rode a motorcycle in the past, and a helmet is the reason that he is here today. He indicated he doesn't believe a motorcycle is the same weight and category as a vehicle. In further response, he confirmed that taxi drivers don't carry a CDL and therefore would be included under HB 88. Number 2368 REPRESENTATIVE HOLM referred to a study conducted in North Carolina, dated May 8, 2001, which found that drivers are most often distracted by the following: 29.4 percent by something outside of their vehicle; 11.4 percent by adjusting a radio or compact disk [CD] player; 10.9 percent by talking to other occupants in the car; 2.8 percent by adjusting vehicle or climate controls; 1.7 percent by eating or drinking; 1.5 percent by using a cell phone; and 0.9 percent by smoking. He asked, "Wherein do we respect or request that people use good judgment, rather than making it a law that they use good judgment?" REPRESENTATIVE WOLF responded that Representative Holm brings up some good points, and he said he'd take a look at that study. One of the intents of HB 88, he explained, is to bring up discussion about the concerns. He proffered that a distraction in Alaska could be a 1,200-pound moose stepping in the roadway. Cell phone use is an additional distraction, albeit a small one [physically]. Number 2523 REPRESENTATIVE BERKOWITZ referred to the North Carolina study and said he'd be curious to know if it means 1.5 percent of all drivers or 1.5 percent of drivers who are using cell phones, because that would be a huge difference in the impact. REPRESENTATIVE BERKOWITZ questioned the use of the word "operating". He recalled that people can be convicted of driving while under the influence for operating a vehicle if they are standing on the side of the road with the ignition on, for example. He suggested that poses a problem [in HB 88] because he surmised that the intent of the bill is to have people pull over to the side of the road to use their cell phones. CHAIR WEYHRAUCH suggested that Representative Wolf ask Legislative Legal and Research Services, because he said there are at least two court of appeals decisions regarding the example given by Representative Berkowitz. Number 2570 REPRESENTATIVE WOLF confirmed that the intent of the proposed legislation is to have people pull over to the side of the road to use their cell phones, and he concurred with asking Legislative Legal and Research Services to adjust the bill's wording in that regard. Number 2585 REPRESENTATIVE BERKOWITZ remarked that he didn't see a fiscal note from either Department of Public Safety (DPS) or the courts. He said he thinks both would be appropriate, since DPS would be enforcing the law and the courts would have to deal with their end of it. He added that this would seem to apply to police officers. Inquiring whether Representative Wolf had held any discussions with insurance companies regarding the bill, he asked, "If we pass this law, will insurance rates come down in the state?" REPRESENTATIVE WOLF replied that he has not discussed that with insurance companies and agreed it is something to look into. Number 2625 REPRESENTATIVE SEATON asked if anything in the literature that establishes that people in motor homes, for example, who are talking on CB [citizens band] radios are less distracted than someone talking on a cell phone. REPRESENTATIVE WOLF answered no, but said it is worth looking into. Number 2661 REPRESENTATIVE GRUENBERG recalled that there have been a number of cases that define "operating" a motor vehicle; in one case, the person was drunk and asleep and had the radio on. He opined that anything that can be done to lower accident rates is worth considering, and said he appreciated Representative Wolf's introducing HB 88. He pointed out that HB 88 only applies to motor vehicles, and only on highways. He noted that the bill doesn't apply to people using a headset, and yet they may not be able to hear a siren, for example. He remarked that people using headsets would have their hands free, but might have their minds distracted. He mentioned a young person he knew who died in a tragic accident that didn't involve a cell phone, but involved "something similar." REPRESENTATIVE WOLF reiterated that his office would be making an amendment changing "motor vehicles" to "automobiles" in order to focus on motor vehicles on the road system. Number 2761 REPRESENTATIVE BERKOWITZ expressed concern about duplicating existing statutes in the criminal code. He explained, "I've always thought that the reckless driving and the negligent driving covered this behavior." He asked Representative Wolf if he is aware of any cases that have been charged involving reckless or negligent driving and cell phone use. REPRESENTATIVE WOLF answered no. REPRESENTATIVE BERKOWITZ asked if anyone from the Department of Law or the DPS was scheduled to testify. CHAIR WEYHRAUCH said no one had signed up to testify. He surmised that Representative Wolf wanted to get a sense of what the questions are and then bring the bill back before the committee. Number 2799 REPRESENTATIVE WOLF said he believes the legal portions of HB 88 will be [fleshed] out in the House Judiciary Standing Committee. REPRESENTATIVE BERKOWITZ asked Representative Wolf to do the research and check with DPS, which keeps fairly exhaustive records, or with [the Department of Law]. He said, "If it is a problem in prosecution, then there might need to be a particular fix, which may or may not fit in with what your bill's doing. It's better to have the facts." REPRESENTATIVE WOLF agreed to do that. Number 2836 REPRESENTATIVE HOLM asked Representative Wolf if there are any statistics reporting how many people are [using cell phones while driving]. He questioned whether the legislature should make laws that would affect that many people at one time. He added, "Are we going to tell everybody that they're illegal?" He compared it to the seatbelt law or the motorcycle helmet law. He remarked that the motorcycle helmet law is for the benefit of those who get in the crash, not for the benefit of the public. He opined that there is a problem with where the benefits derive and what kind of costs there will be. He noted that there is a zero fiscal note attached to the bill; however, it comes from the Department of Law, not DPS. He asked, "If we don't know how many we're going to affect, can we get a decent fiscal note, and will it come from [DPS], as well?" Number 1900 REPRESENTATIVE WOLF said he could contact DPS and doesn't know the statistics on how many people use a cell phone in general or while driving, specifically. He commented that its use is becoming more common, as a safety line for many; for example, he knows many people who have crashed planes while flying in Alaska and whose cell phones were a lifeline. He included boating as an activity for which a cell phone has been lifesaving. Saying cell phone use is expanding beyond landline use, he referred to a study which reported that by the time all the fiber optics are laid throughout the nation, they will be made obsolete by the cell phone. CHAIR WEYHRAUCH said he is torn over the issue because he uses his own cell phone during his 20-minute one-way commute to work in order to return calls and check his voice mail. TAPE 03-27, SIDE B Number 3002 CHAIR WEYHRAUCH opined that the worst of cell phone use is the distraction of punching in the numbers in heavy traffic. He said he knows of cases when people have been found negligent and had to pay damages because of cell phone use and operating motor vehicles negligently. He commented that the previously stated question regarding insurance companies was probably a good one because they are probably having to pay coverage on some of those accidents. Number 2957 REPRESENTATIVE GRUENBERG related that some close friends of his were killed by a young man who was driving and leaned down to pick up a soda from the floor of his truck. CHAIR WEYHRAUCH concluded, "So, whatever we can do to make life safer is great; it's just this tension between making it safer and interference with personal liberties and individual responsibility." He described it as the classic policy call. Number 2919 REPRESENTATIVE WOLF said he is the last person who'd want to stand before the committee and deny freedom of speech or freedom of movement. He said the encouragement of HB 88 is to attempt to direct people to use a hands-free unit or to pull off the side of the road. He indicated a correlation between hands-free cell phones and responsible driving. He noted that some cell phone units are even voice-activated. CHAIR WEYHRAUCH announced that HB 88 would be held over.
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