03/01/2012 01:00 PM House TRANSPORTATION

        HB 128-BAN CELL PHONE USE BY MINORS WHEN DRIVING                                                                    
                                                                                                                                
2:21:21 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON announced that  the final 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."                                                                                           
                                                                                                                                
2:21:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BERTA GARDNER,  Alaska State Legislature, speaking                                                               
as the  sponsor of HB 128,  briefly recapped HB 128.   She stated                                                               
that  this bill  pertains  to cell  phones and  is  as simple  as                                                               
possible.   The ban on cell  phone usage only applies  to minors,                                                               
who   are  the   most  vulnerable,   impulsive,  and   the  least                                                               
experienced  drivers.    It  does   not  make  any  provision  or                                                               
exception for  hands-free use and  cell phone use under  the bill                                                               
is a secondary  offense, meaning that there would  be a potential                                                               
fine for  someone who is stopped  for a reason unrelated  to cell                                                               
phone use.   She offered that the committee is  familiar with the                                                               
issues surrounding cell phone use.                                                                                              
                                                                                                                                
2:22:35 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON commented that  she takes issue with  bills that                                                               
cannot be  enforced.   She did not  think the  legislature should                                                               
adopt unenforceable laws.                                                                                                       
                                                                                                                                
REPRESENTATIVE GARDNER responded  the law is based on  age and it                                                               
is difficult  to determine  age which  is why  cell phone  use by                                                               
teenagers in HB 128 is not a primary offense.                                                                                   
                                                                                                                                
2:23:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  to adopt  Amendment 1  to change                                                               
2011 to 2012.  There being  no objection, Amendment 1 was adopted                                                               
to change the last line from 2011 to 2012.                                                                                      
                                                                                                                                
2:24:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ moved  to report HB 128, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON objected.  He  stated that he has made his                                                               
position clear.                                                                                                                 
                                                                                                                                
A roll  call vote was  taken.  Representatives  Munoz, Gruenberg,                                                               
Petersen,  and Wilson  voted in  favor  of reporting  HB 128,  as                                                               
amended,  from  the   House  Transportation  Standing  Committee.                                                               
Representatives Johnson and Pruitt  voted against it.  Therefore,                                                               
CSHB  128(TRA)   was  reported  from  the   House  Transportation                                                               
Standing Committee by a vote of 4-2.