HB 255 - READING OR TYPING MESSAGE WHILE DRIVING  1:06:28 PM CHAIR GATTO announced that the first order of business would be HOUSE BILL NO. 255, "An Act prohibiting the driver of a motor vehicle from reading or typing a text message or other nonvoice message or communication on a cellular telephone, computer, or personal data assistant while driving a motor vehicle." [Before the committee was a proposed committee substitute (CS) for HB 255, Version 27-LS1165\D, Gardner, 2/2/12, which had been adopted as the work draft and amended on 2/8/12; included in members' packets was a new proposed CS for HB 255, Version 27- LS1165\X, Gardner, 2/8/12.] CHAIR GATTO mentioned that a forthcoming amendment in members' packets addresses a definition in the bill. 1:07:44 PM REPRESENTATIVE HOLMES moved to adopt the proposed committee substitute (CS) for HB 255, Version 27-LS1165\X, Gardner, 2/8/12, as the working document. REPRESENTATIVE KELLER objected for the purpose of discussion. REPRESENTATIVE HOLMES explained that Version X incorporates the amendments that were adopted during the bill's previous hearing. REPRESENTATIVE KELLER removed his objection. CHAIR GATTO, remarking that there were no further objections, announced that Version X was before the committee. 1:08:39 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1, labeled 27-LS1165\X.1, Finley/Gardner, 2/9/12, which read: Page 3, line 13, following "vehicle": Insert ", whether removable or permanently  installed," Page 3, line 17: Delete "(1)" Page 3, lines 18 - 20: Delete ";  (2) "installed" means equipment in an  emergency vehicle, whether permanent or removable" REPRESENTATIVE HOLMES objected for the purpose of discussion. REPRESENTATIVE GRUENBERG referred to an accompanying memorandum in members' packets from Legislative Legal and Research Services dated February 9, 2012, and indicated that Amendment 1 would clarify the language [of Version X's proposed AS 28.35.161(d)]. Representative Gruenberg offered his understanding that Representative Gara, [one of HB 255's joint prime sponsors,] is amenable to the adoption of Amendment 1. CHAIR GATTO indicated that Amendment 1 would clarify that proposed AS 28.35.161(d)'s exemption for equipment in emergency vehicles applies to all [authorized] equipment regardless of whether it is permanently installed. REPRESENTATIVE HOLMES removed her objection. CHAIR GATTO, after ascertaining that there were no further objections, announced that Amendment 1 was adopted. 1:11:42 PM MARY MILLER, Director, Tribal Transportation Department, Central Council of the Tlingit and Haida Indian Tribes of Alaska (CCTHITA), relayed simply that the CCTHITA supports HB 255 and the intent to provide greater safety for the public with regard to driving and driver attention, supporting those things that will improve public safety on Alaska's roadways. CHAIR GATTO closed public testimony on HB 255. REPRESENTATIVE KELLER said he objects to moving HB 255 from committee, expressing a reluctance to have reading a text message while driving be a crime. REPRESENTATIVE LYNN, expressing agreement, questioned whether enforcement would even be possible. REPRESENTATIVE PRUITT mentioned possibly having the bill apply only when a person who is texting while driving causes an accident. 1:18:05 PM RICHARD SVOBODNY, Deputy Attorney General, Central Office, Criminal Division, Department of Law (DOL), in response to a question, clarified that in discussions he's had with the Public Defender Agency (PDA), he had indicated that there were communities in Alaska in which the crime of texting while driving is not being prosecuted. Further research by him, he relayed, has indicted that in some instances that is the case, and that in other instances, different judges in the same community are making differing rulings - with some treating the behavior as illegal and others not. Therefore, it's not correct to say that the existing law isn't being enforced, because law enforcement officers are still charging people with the crime, but rather that the crime isn't always being prosecuted depending on who the judge is in a particular case. In response to comments and a question, he indicated that the state has no right to appeal a dismissal by the court except in extraordinary circumstances, and what occurred in State v. Adams wasn't such a circumstance. REPRESENTATIVE GRUENBERG posited that passage of Section 1 - which would add a statement of purpose in uncodified law - would clarify for the court that it is and has been the legislature's intent all along that the conduct of texting while driving be illegal. CHAIR GATTO, noting that the bill now has an immediate effective date, surmised that once the bill is passed it will clarify the law immediately for everyone. 1:22:57 PM REPRESENTATIVE HOLMES moved to report the proposed CS for HB 255, Version 27-LS1165\X, Gardner, 2/8/12, as amended, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE KELLER objected. A roll call vote was taken. Representatives Pruitt, Gruenberg, Holmes, Lynn, and Gatto voted in favor of reporting the proposed CS for HB 255, Version 27-LS1165\X, Gardner, 2/8/12, as amended, from committee. Representative Keller voted against it. Therefore, CSHB 255(JUD) was reported from the House Judiciary Standing Committee by a vote of 5-1.