03/14/2012 01:00 PM House JUDICIARY

       HB 128 - BAN CELL PHONE USE BY MINORS WHEN DRIVING                                                                   
                                                                                                                                
1:30:02 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 128, "An Act  relating to prohibiting the  use of                                                               
cellular telephones  by minors when  driving motor  vehicles; and                                                               
providing  for an  effective date."   [Before  the committee  was                                                               
CSHB 128(TRA).]                                                                                                                 
                                                                                                                                
1:30:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BERTA GARDNER,  Alaska State Legislature, sponsor,                                                               
explained that  HB 128 would make  it illegal for a  person under                                                               
18 years of age to use  a cellular telephone ("cell phone") while                                                               
driving a motor vehicle [on a  highway or vehicular way or area];                                                               
in terms of  enforcement, the bill does not  provide an exemption                                                               
for  the  use  of  "hands-free"  cell  phone  technology,  and  a                                                               
violation  would   be  a  secondary  offense   [resulting  in  an                                                               
infraction punishable  under AS 28.90.010].   The hope  with this                                                               
legislation, she indicated, is to ban  cell phone use by the very                                                               
youngest of  Alaska's drivers,  those who  - statistically  - are                                                               
the least experienced, are more  easily distracted, and are "most                                                               
commonly"  involved in  motor vehicle  accidents  that result  in                                                               
serious physical  injury or  death.   Members' packets  include a                                                               
letter from  the lobbyist  for State  Farm Insurance  Companies -                                                               
Lessmeier &  Winters, LLC - that  posits passage of HB  128 would                                                               
result  in  an  immediate  saving  of  lives  and  prevention  of                                                               
injuries; insurance  companies, she  surmised, keep  current with                                                               
regard to what factors increase the  risks of driving so as to be                                                               
able to set their insurance rates accordingly.                                                                                  
                                                                                                                                
REPRESENTATIVE  GARDNER  noted  that according  to  that  letter,                                                               
drivers between the ages of 16  and 19 are four times more likely                                                               
to be  involved in a motor  vehicle accident; one in  five of all                                                               
automobile deaths  is attributed  to "teen driving";  the leading                                                               
causes of "teen accidents"  include inexperience and distraction;                                                               
and  a recent  study indicates  that  nine out  of ten  teenagers                                                               
[report  that  "teen  use"  of  cell  phones  while  driving  was                                                               
common],  and that  seven  out  of ten  teenagers  say they  have                                                               
observed other  teenagers driving  and using  a cell  phone while                                                               
being emotionally  upset.   Fiscal notes  from the  Department of                                                               
Law (DOL)  and the Department  of Public Safety (DPS)  state that                                                               
HB 128 would  have no fiscal impact.  Regardless  that some would                                                               
argue common sense can't be  legislated, and regardless that that                                                               
might be true, the point is  that drivers who are distracted pose                                                               
a danger  to others  on the road.   In  conclusion, acknowledging                                                               
that there is not  yet support for a ban on  cell phone use while                                                               
driving for  all drivers,  she expressed her  hope that  HB 128's                                                               
proposed ban for Alaska's youngest drivers would be supported.                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER  added that  in her  household, she,  as a                                                               
parent, banned  the use of  cell phones while  driving, surmising                                                               
that  other parents  might appreciate  being able  to tell  their                                                               
children that the law forbids such behavior.                                                                                    
                                                                                                                                
1:34:25 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  characterized passing HB  128 as the right  thing to                                                               
do, and  pointed out that the  behavior of driving while  using a                                                               
cell  phone  doesn't  just  impact the  driver  -  such  behavior                                                               
instead impacts  everyone on  the road.   He expressed  his hope,                                                               
however,  that  the  proposed  ban  wouldn't  at  some  point  be                                                               
expanded to  include the use  of all  cell phones by  all drivers                                                               
while driving.                                                                                                                  
                                                                                                                                
REPRESENTATIVE LYNN  acknowledged that as currently  written, the                                                               
bill is targeting  a group of drivers that have  a higher rate of                                                               
accidents than  other groups, but  expressed concern that  if the                                                               
bill is passed, other groups  of people would eventually be added                                                               
to the  list of those  who would be  precluded from using  a cell                                                               
phone while driving.                                                                                                            
                                                                                                                                
REPRESENTATIVE  KELLER indicated  a concern  with precluding  the                                                               
use of cell phones while driving.                                                                                               
                                                                                                                                
REPRESENTATIVE  GARDNER, in  response  to  comments, pointed  out                                                               
that teenagers,  disproportionately, use  cellphones more  and do                                                               
so more  often while driving,  and are therefore dying  at higher                                                               
rates  because  of  it.    She  offered  her  understanding  that                                                               
statistics  included  in  members' packets  illustrate  that  the                                                               
crash fatality  rate is  highest for  16- and  17-year-olds; that                                                               
the crash fatality rate for 16-  to 20-year-olds is twice as high                                                               
as that  for other ages;  that approximately two-thirds  of motor                                                               
vehicle accidents resulting in the  death of a passenger involved                                                               
a teenage driver;  and that the overwhelming  majority of crashes                                                               
involving teenage  drivers were  due to  the driver's  failure to                                                               
employ  safe driving  practices, failure  to recognize  risk, and                                                               
deliberate risk-taking.   Other  information in  members' packets                                                               
indicates that ever since California,  in 2008, banned the use of                                                               
"hand-held"  cell  phones while  driving,  there  has been  a  47                                                               
percent decrease  in the number of  fatal motor-vehicle accidents                                                               
resulting from the use of a cell phone.                                                                                         
                                                                                                                                
1:41:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER, regarding  the  argument  that having  a                                                               
conversation with  someone in  the car  can also  be distracting,                                                               
pointed out  that at  least the  person in the  car can  help the                                                               
driver   become  aware   of  potentially   dangerous  situations.                                                               
Furthermore, [studies] indicate that  a person's brain is engaged                                                               
in a  different manner  when speaking to  someone over  the phone                                                               
than it is when speaking to someone face-to-face.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES said she supports HB 128.                                                                                 
                                                                                                                                
REPRESENTATIVE GARDNER, in response  to questions, indicated that                                                               
the terms, "highway"  and "vehicular way or area"  as those terms                                                               
are used  in HB  128 are  both already  defined in  statute under                                                               
AS 28.90.990(a)(13)  and  (30); those  provisions,  respectively,                                                               
read:                                                                                                                           
                                                                                                                                
          (13) "highway" means the entire width between the                                                                     
     boundary   lines  of   every  way   that  is   publicly                                                                    
     maintained when a part of it  is open to the public for                                                                    
     purposes  of   vehicular  travel,  including   but  not                                                                    
     limited  to every  street and  the Alaska  state marine                                                                    
     highway system but not vehicular ways or areas;                                                                            
                                                                                                                                
          (30) "vehicular way or area" means a way, path,                                                                       
     or  area, other  than  a highway  or private  property,                                                                    
     that is designated by  official traffic control devices                                                                    
     or customary usage  and that is open to  the public for                                                                    
     purposes of  pedestrian or vehicular travel,  and which                                                                    
     way or  area may be  restricted in use  to pedestrians,                                                                    
     bicycles,  or  other  specific  types  of  vehicles  as                                                                    
     determined by the Department of  Public Safety or other                                                                    
     agency  having  jurisdiction  over the  way,  path,  or                                                                    
     area.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HOLMES -  in response  to questions  and comments                                                               
regarding  CSHB 128(TRA)'s  specific  effective date  of July  1,                                                               
2012 -  noted that bills  proposing to change  Alaska's [criminal                                                               
statutes] generally contain a specific effective date of July 1.                                                                
                                                                                                                                
1:44:43 PM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS), in response to a question,  explained that under HB 128 as                                                               
currently written, if law enforcement  officers were to witness a                                                               
minor using a cell phone while  driving, because it would only be                                                               
a  secondary  offense,  they  could either  look  for  a  primary                                                               
offense for which to pull the  driver over, or they could contact                                                               
the driver later  on and inform him/her that  he/she was engaging                                                               
in  illegal  behavior.    He  warned  that  the  ability  of  law                                                               
enforcement officers to  enforce the bill could be  limited if it                                                               
remains a secondary offense.   In response to other questions, he                                                               
explained that  the penalties for  infractions are  generally set                                                               
by  the court,  and  could involve  a  fine of  up  to $300;  and                                                               
indicated that  providing for  a specific  effective date  can be                                                               
helpful in  terms of giving  the administration adequate  time to                                                               
inform the public about changes in the law.                                                                                     
                                                                                                                                
REPRESENTATIVE   HOLMES,  in   response   to  another   question,                                                               
expressed  a   preference  for  retaining  the   bill's  specific                                                               
effective date of July 1, 2012.                                                                                                 
                                                                                                                                
REPRESENTATIVE GARDNER,  in response  to an  additional question,                                                               
relayed that although  she would be amenable to  providing for an                                                               
even later specific  effective date, any such  delay could result                                                               
in more children being killed than  if the proposed law goes into                                                               
effect as soon as possible.                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER  sought   clarification  that  the  bill's                                                               
proposed  ban would  only apply  in  situations involving  moving                                                               
vehicles, not stationary ones.                                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER said that's correct.                                                                                     
                                                                                                                                
LIEUTENANT DIAL concurred.                                                                                                      
                                                                                                                                
REPRESENTATIVE HAWKER  reported that approximately 80  percent of                                                               
his constituents that responded to  a district survey he sent out                                                               
were in  favor of restricting  cell phone use while  driving, and                                                               
thus he  would be  voting in  favor of HB  128 regardless  of his                                                               
personal feelings about it.                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  that the  bill be  clarified                                                               
with regard  to whether it also  applies to the use  a cell phone                                                               
while stopped at  a stop sign/light; and  questioned whether they                                                               
should amend  the bill to  address future technology,  perhaps by                                                               
adding the  phrase, "or  similar device"  wherever the  bill uses                                                               
the term, "cellular telephone".                                                                                                 
                                                                                                                                
REPRESENTATIVE GARDNER,  on the latter point,  expressed disfavor                                                               
with changing the bill in that fashion.                                                                                         
                                                                                                                                
2:01:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  moved  to  report CSHB  128(TRA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal notes.                                                                                                              
                                                                                                                                
CHAIR GATTO said, "I'm sure there is an objection."                                                                             
                                                                                                                                
A roll call  vote was taken.   Representatives Gruenberg, Holmes,                                                               
Hawker  (alternate), and  Gatto  voted in  favor  of the  motion.                                                               
Representatives  Lynn,  Keller,  and  Pruitt  voted  against  it.                                                               
Therefore, CSHB  128(TRA) was reported  from the  House Judiciary                                                               
Standing Committee by a vote of 4-3.