00                      CS FOR HOUSE BILL NO. 22(TRA)                                                                     
01 "An Act prohibiting the use of a cellular telephone when driving a motor vehicle; and                                   
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 28.35 is amended by adding a new section to read:                                                
05            Sec. 28.35.165. Prohibited use of cellular telephone. (a) A person may not                                 
06       use a cellular telephone when driving a motor vehicle on a highway or vehicular way                               
07       or area.                                                                                                          
08            (b)  This section does not apply to a person                                                                 
09                 (1)  using a cellular telephone for emergency purposes, including an                                    
10       emergency call to a law enforcement agency, fire department, or other emergency                                   
11       services agency or entity; or                                                                                     
12                 (2)  18 years of age or older using a cellular telephone by hands-free                                  
13       mode.                                                                                                             
14            (c)  In this section,                                                                                        

01                 (1)  "emergency" has the meaning given in AS 42.20.150;                                                 
02                 (2)  "hands-free mode" means use of a cellular telephone for listening                                  
03       or talking by means of a speaker function, headset, or earpiece without holding the                               
04       telephone.                                                                                                        
05            (d)  A person who violates this section is guilty of an infraction and may be                                
06       punished as provided under AS 28.90.010.                                                                          
07    * Sec. 2. This Act takes effect July 1, 2011.