00                             HOUSE BILL NO. 68                                                                          
01 "An Act relating to prohibiting the use of cellular telephones when driving a motor                                     
02 vehicle."                                                                                                               
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 using a cellular telephone                                      
09                 (1)  for emergency purposes, including an emergency call to a law                                       
10       enforcement agency, fire department, or other emergency services agency or entity; or                             
11                 (2)  by hands-free mode.                                                                                
12            (c)  Notwithstanding another provision of law, a peace officer may not stop or                               
13       detain a motor vehicle to determine compliance with (a) of this section, or issue a                               
14       citation for a violation of (a) of this section, unless the peace officer has probable                            

01       cause to stop or detain the motor vehicle other than for a violation of (a) of this                               
02       section.                                                                                                          
03            (d)  In this section,                                                                                        
04                 (1)  "emergency" has the meaning given in AS 42.20.150;                                                 
05                 (2)  "hands-free mode" means use of a cellular telephone for listening                                  
06       or talking by means of a speaker function, headset, or earpiece without holding the                               
07       telephone.                                                                                                        
08            (e)  A person who violates this section is guilty of an infraction and may be                                
09       punished as provided under AS 28.90.010.