Legislature(2011 - 2012)CAPITOL 17

02/16/2012 01:00 PM House TRANSPORTATION


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01:08:39 PM Start
01:09:16 PM HB128
02:01:35 PM HB157
02:28:00 PM Mobility Coalition
02:39:45 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 128 BAN CELL PHONE USE BY MINORS WHEN DRIVING TELECONFERENCED
Heard & Held
*+ HB 157 USE OF HEADLIGHTS REQUIRED TELECONFERENCED
Failed To Move Out Of Committee
+ Alaska Mobility Coalition Presentation TELECONFERENCED
by David Levy
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 128-BAN CELL PHONE USE BY MINORS WHEN DRIVING                                                                    
                                                                                                                                
1:09:16 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON announced that  the first 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."                                                                                           
                                                                                                                                
1:10:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BERTA GARDNER,  Alaska State Legislature, speaking                                                               
as  the sponsor  of  HB 128,  stated the  committee  has heard  a                                                               
number of cell phone bills over  the past six years.  She offered                                                               
her belief that this reinforces that  there is not a consensus on                                                               
cell  phone ban.    However, the  conversation  is different  for                                                               
minors.  She  raised three issues, first, whether  cell phones be                                                               
banned for  all drivers  or only  minors; second,  whether hands-                                                               
free  cell phones  be  allowed; and  third,  whether the  offense                                                               
should  be a  primary  or  secondary offense.    She explained  a                                                               
primary  offense is  one  in  which drivers  can  be stopped  for                                                               
talking on their  cell phones by law enforcement  and a secondary                                                               
offense is one  in which drivers could only be  cited if they are                                                               
stopped for some other reason.                                                                                                  
                                                                                                                                
1:12:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER explained that  HB 128 simply says drivers                                                               
under the  ages of  18 cannot  be talking  on their  cell phones.                                                               
This bill  does not  allow any exemptions  for a  hands-free cell                                                               
phone use and  it makes it a secondary offense.   She pointed out                                                               
that it  is difficult to  tell a driver's  age.  She  offered her                                                               
belief that members  understand the range of  statistics in terms                                                               
of driver distraction  from cell phone use.  She  referred to one                                                               
study by the University of Utah  shows that motorists who talk on                                                               
handheld  or hands-free  cell  phones are  as  impaired as  drunk                                                               
drivers.  The National Safety  Council (NSC) estimates that about                                                               
28 percent of crashes involve  people talking on cell phones when                                                               
they  are  driving.   She  stated  the  reason  to focus  on  the                                                               
youngest drivers  is because they  are the most  distractible age                                                               
group,  but  are the  least  experienced  drivers who  are  still                                                               
learning good habits  and increasing their skills.   She outlined                                                               
her goal  is to catch  drivers at the age  when they are  most at                                                               
risk and  help them  develop good habits.   Although  the drivers                                                               
ages  16-20 are  involved in  16 percent  of the  crashes in  the                                                               
state, this  age group is involved  in 34 percent of  the crashes                                                               
involving cell  phone use.  This  age group also has  the highest                                                               
incidence of  serious injury or  death when involved  in crashes.                                                               
She would like  to reach a consensus on this  bill to help reduce                                                               
deaths  and injuries.    She referred  to  members' packet  which                                                               
included e-mails  of support, although  some letters  reference a                                                               
bill number from a prior year.                                                                                                  
                                                                                                                                
1:14:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked for  the definition of  a vehicular                                                               
area, referencing proposed Section 28.35.165  in Section 1 of the                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  GARDNER   answered  that  AS   28.90.990  (a)(30)                                                               
defines a vehicular way.  She read:                                                                                             
                                                                                                                                
     A vehicular  way or area  means a road, path,  or area,                                                                    
     other  than  a  highway  or private  property  that  is                                                                    
     designated  by  official  traffic  control  devices  or                                                                    
     customary  usage  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.                                                                                                                      
                                                                                                                                
1:15:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked   whether  that  definition  would                                                               
include a parking lot.                                                                                                          
                                                                                                                                
REPRESENTATIVE GARDNER  said she believed  so, but she  could not                                                               
speak definitively on this.                                                                                                     
                                                                                                                                
1:16:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  related  a  scenario in  which  a  young                                                               
person had  pulled into a Fred  Meyer parking lot to  make a call                                                               
home to  his/her parents.  He  inquired as to whether  the driver                                                               
could  be pulled  over  and cited  for cell  phone  use based  on                                                               
suspicious activity.                                                                                                            
                                                                                                                                
REPRESENTATIVE GARDNER responded that if  a person is pulled over                                                               
for anything it would imply the vehicle is moving.                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON  offered  his belief  that  the  behavior                                                               
could be considered  suspicious behavior if it was  late at night                                                               
and the driver was  sitting in a vehicle in a  parking lot in the                                                               
winter with the engine running.                                                                                                 
                                                                                                                                
REPRESENTATIVE GARDNER  said she thought  it was a  fair question                                                               
and she offered to find out.                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  did  not  think  leaving  such  a  large                                                               
loophole would be a good idea.                                                                                                  
                                                                                                                                
1:18:24 PM                                                                                                                    
                                                                                                                                
RODNEY  DIAL,  Lieutenant,   Deputy  Commander,  "A"  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS),  related  his understanding  that  the  court has  defined                                                               
operating a vehicle,  for the purpose of driving  while under the                                                               
influence (DUI).   Thus a person could be arrested  if the person                                                               
were  in  physical  control  of  the vehicle.    However,  as  it                                                               
pertains to  this bill, "driving  the vehicle" would  mean moving                                                               
the  vehicle  and actually  engaging  driving  the vehicle.    He                                                               
clarified that a person sitting in  a vehicle parked in a parking                                                               
lot would not  be considered operating a vehicle.   He related he                                                               
bases this  on his experience  with routine traffic  offenses, in                                                               
which driving  a vehicle would  mean moving the vehicle  down the                                                               
roadway;  however,  if  the  vehicle  was  parked  it  would  not                                                               
constitute driving.                                                                                                             
                                                                                                                                
1:19:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  wondered whether a person  would be cited                                                               
and must appear in court to be found innocent.                                                                                  
                                                                                                                                
LIEUTENANT  DIAL clarified  that from  an enforcement  standpoint                                                               
the person would not be cited  if he/she were parked in a parking                                                               
lot.                                                                                                                            
                                                                                                                                
1:20:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  inquired  as  to whether  it  would  be                                                               
considered suspicious  behavior if it  was 20 degrees  below zero                                                               
and the driver  was sitting in a vehicle while  it was running or                                                               
not running.                                                                                                                    
                                                                                                                                
LIEUTENANT  DIAL said  either  would  be neutral.    He said  the                                                               
officer could contact the occupants  to assess if the people were                                                               
okay.                                                                                                                           
                                                                                                                                
1:20:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT asked  if an individual is  not driving but                                                               
has placed his/her  foot on brake whether it  would be considered                                                               
as driving.                                                                                                                     
                                                                                                                                
LIEUTENANT  DIAL  said from  an  enforcement  standpoint that  he                                                               
would not  consider that type of  behavior as driving a  car.  He                                                               
said in  his experience the  court would find it  splitting hairs                                                               
if a  driver was cited  while sitting in  a vehicle stopped  in a                                                               
parking lot,  but was not  driving.   He offered his  belief that                                                               
the court would  use its discretion to say that  the citation was                                                               
not  warranted.    He  also  thought the  court  would  view  the                                                               
driver's behavior  as warranted, such  that the driver  had taken                                                               
steps for safe operation of a  cell phone.  He could not envision                                                               
situation  in  which  law enforcement  officers  would  cite  the                                                               
person.                                                                                                                         
                                                                                                                                
1:22:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT recalled  recent  testimony  on a  texting                                                               
bill.   He further  recalled testimony was  given to  indicate it                                                               
would  be okay  for  an  individual waiting  at  a  red light  to                                                               
briefly text.   He inquired  as to whether  it would be  okay for                                                               
someone to use their cell phone in the same circumstances.                                                                      
                                                                                                                                
LIEUTENANT  DIAL  related his  understanding  if  the vehicle  is                                                               
stopped that the person is not technically driving.                                                                             
                                                                                                                                
1:23:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ recalled high  statistics for youth ages 18-                                                               
20.   She asked at what  age the statistics show  less prevalence                                                               
of crashes and whether it would be at age 21 or older.                                                                          
                                                                                                                                
LIEUTENANT DIAL responded that he did not know.                                                                                 
                                                                                                                                
1:23:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MUNOZ  related   her  understanding   distracted                                                               
driving in  Alaska causes crashes.   She asked if  the statistics                                                               
identify the  percentage of cell phone  use that is tied  to cell                                                               
phone use.   She  recalled that  the enforcement  incident report                                                               
does  not  list  cell  phones   as  one  of  listed  reasons  for                                                               
distracted driving.  She asked whether that is still the case.                                                                  
                                                                                                                                
LIEUTENANT   DIAL   related   his   understanding   the   traffic                                                               
investigative report  form has changed and  that information will                                                               
be  incorporated; however,  he was  uncertain as  to whether  the                                                               
distracted  driving  is broken  out  to  the  type of  detail  to                                                               
identify  cell phone  use  as  opposed to  putting  on makeup  or                                                               
dealing  with children.   He  did not  think that  information is                                                               
currently captured.                                                                                                             
                                                                                                                                
1:24:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  recalled statistics for young  people and                                                               
wondered if  an equivalent statistic  related to people 65  or 75                                                               
and older, who may also be in an  age group with a higher risk of                                                               
accidents.   He wondered whether this  bill would set up  a class                                                               
of citizens  that is equal  to another  class of citizens  who is                                                               
not covered  by the  bill.   He clarified by  asking if  the same                                                               
risk would apply to both age groups.                                                                                            
                                                                                                                                
LIEUTENANT  DIAL   recalled  statistics,  but  deferred   to  the                                                               
Department  of  Transportation  &  Public  Facilities  to  better                                                               
address them.   He agreed that distracted  driving is universally                                                               
problematic;  in fact,  he did  not favor  making allowances  for                                                               
distractions for  anyone including law enforcement.   He remarked                                                               
that  the  department  has  also  been  considering  implementing                                                               
policies to  curb distraction for  officers.  He  reiterated that                                                               
distracted  driving represents  a  safety issue  for everyone  to                                                               
consider.                                                                                                                       
                                                                                                                                
1:27:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHNSON  asked   whether  the   department  uses                                                               
encrypted radios.                                                                                                               
                                                                                                                                
LIEUTENANT  DIAL  agreed that  most  radios  were encrypted,  but                                                               
noted that  the department  is transitioning  to the  Alaska Land                                                               
Mobile  radio system.   He  said  some locations  still use  non-                                                               
encrypted phones.                                                                                                               
                                                                                                                                
REPRESENTATIVE  JOHNSON  said he  thought  it  was essential  for                                                               
officers to  use cell phones  since some people  intercept police                                                               
calls.   He  agreed  cell  phone use  has  been  identified as  a                                                               
distraction, but emphasized the  importance of law enforcement to                                                               
have the  tools to apprehend  violators.  He thought  there might                                                               
be times  when it  is valid for  someone under 18  to use  a cell                                                               
phone  so he  expressed  reluctance to  disenfranchise a  special                                                               
class of citizens.                                                                                                              
                                                                                                                                
1:28:36 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON summarized  that this bill  is designed  to help                                                               
teenagers who are learning to  drive develop good driving habits.                                                               
One  good habit  is  not  to answer  a  phone  while driving  and                                                               
another is  to plan ahead and  call rather than to  start driving                                                               
and  call  enroute.   She  stressed  the importance  of  parents,                                                               
grandparents,  and legislators  to  consider that  this bill  may                                                               
save one  or many  lives.   She pointed out  that when  youth are                                                               
informed ahead  of time what  is expected  of them that  they can                                                               
practice doing what is the right thing.                                                                                         
                                                                                                                                
1:30:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT remarked  if he were on his  phone with his                                                               
own mother  while he was driving  that she would hang  up on him.                                                               
However, he  understood certain  circumstances could  arise, such                                                               
as  when  drivers  are  delayed  due to  an  accident.  In  those                                                               
instances, drivers  could find  themselves unable  to communicate                                                               
with  their family  that they  are delayed  and the  other parent                                                               
needs to  pick up their child.   He expressed concern  that under                                                               
the  bill a  16-18 year  old might  also observe  erratic driving                                                               
behavior  and not  be  able  to legally  report  it since  he/she                                                               
cannot use  a cell phone   He offered his belief  this bill would                                                               
disenfranchise the individual.                                                                                                  
                                                                                                                                
1:31:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON recalled  earlier  comments  that if  the                                                               
legislature  could  fix  something  it should,  and  if  so,  the                                                               
legislature may wish to consider  restricting driving of those 18                                                               
years of age or younger.   This point illustrates that things can                                                               
be  carried to  extremes.   He  said he  wasn't  prepared to  ban                                                               
drivers,  but  he  also  wasn't   interested  in  taking  on  the                                                               
responsibility   of   training   someone   else's   children   on                                                               
appropriate  behavior.   He questioned  at what  point government                                                               
should steps in for families.   He did not want to interfere with                                                               
parents so he would prefer to  err on the side of families making                                                               
decisions for  their children.   He  suggested that  giving young                                                               
people traffic ticket for talking  on their cell phones is likely                                                               
the  last time  that activity  would ever  happen.   He certainly                                                               
does not  want anyone to  perish, but he expressed  reluctance to                                                               
interfere with the parental role.                                                                                               
                                                                                                                                
CHAIR  P.  WILSON  agreed  that  if youth  are  ticketed  for  an                                                               
offense, they would not likely repeat the behavior.                                                                             
                                                                                                                                
1:34:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ,  speaking  as  a parent,  said  she  would                                                               
appreciate having a  tool like this to  discourage unsafe driving                                                               
behavior.  She thinks most  teenagers are "married" to their cell                                                               
phones.  She characterized teen  usage of cell phones as constant                                                               
cell phone use.  She also  said strongly supported the concept of                                                               
moving  this bill  forward.   She characterized  this bill  as an                                                               
important public safety measure.                                                                                                
                                                                                                                                
1:34:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  remarked  that  a  young  person  might                                                               
suggest a smart phone is a  waste of good technology on a middle-                                                               
aged person like  him.  He suggested that while  it may appear to                                                               
be overly protective, but the  fact remains that 17-year-olds are                                                               
authorized to  drive.  He  imagined the worst  possible situation                                                               
for  a  parent would  be  one  in which  parents  had  to go  the                                                               
hospital because  their child was in  a crash or to  have to bury                                                               
their child.   This bill  is designed  to help our  youth develop                                                               
good driving habits.                                                                                                            
                                                                                                                                
1:36:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT agreed  the last place for youth  be on the                                                               
phone  is in  the car.    He pointed  out that  children are  not                                                               
allowed to have  cell phones at school since  teachers are trying                                                               
to teach  kids.  Again,  he asked whether the  legislature should                                                               
step in  for these  types of  activities.  He  described it  as a                                                               
slippery  slope.   He  asked  whether  this bill  would  restrict                                                               
hands-free use of cell phones.                                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER answered yes.                                                                                            
                                                                                                                                
1:37:45 PM                                                                                                                    
                                                                                                                                
ALBERT  JUDSON  stated he  is  a  registered voter  and  formerly                                                               
worked  as a  Village  Police  Safety Officer  (VPSO).   He  said                                                               
statistics  relate to  life or  death  and no  gray areas  should                                                               
exist.   He cautioned that  this issue  is not a  theoretical one                                                               
and legislators  need to  act with courage.   He  shared personal                                                               
history relevant to the bill, stating  that in August 2007 he was                                                               
run over by a vehicle near  Centennial Hall.  He has had physical                                                               
problems since then.   He lamented that the next  day someone ran                                                               
over a dog and the dog  made front page of the newspaper; however                                                               
there  was no  mention of  his  accident.   He described  another                                                               
incident when  a man using a  cell phone walked into  him and did                                                               
not even  bother to  apologize, which  illustrated the  extent of                                                               
the problems associated with distraction.                                                                                       
                                                                                                                                
MR.  JUDSON related  some statistics,  with respect  to teenagers                                                               
who are texting  while driving, such that 10 percent  of the time                                                               
they are driving outside the driving  zone lines.  He stated that                                                               
the average  text messaging  takes about  five seconds  to answer                                                               
while talking  on a cell  phone slows a teenager's  reaction time                                                               
to that of a 70-year old.   Additionally, 21 percent of fatal car                                                               
crashes  involve teenagers  16-18 years  old and  teenage drivers                                                               
are 5  times more  likely to  be involved  in a  crash.   He also                                                               
recalled reading  that a 19-year old  slammed into the back  of a                                                               
construction truck  and was  killed along with  a passenger.   He                                                               
said that 38 people were also injured in the crash.                                                                             
                                                                                                                                
1:42:13 PM                                                                                                                    
                                                                                                                                
MR.  JUDSON  stated  that the  National  Highway  Traffic  Safety                                                               
Administration  (NHTSA)  has   developed  a  graduated  licensing                                                               
program, with  the initial segment  lasting six months,  and must                                                               
include  at least  30-50  hours  of parent-certified,  supervised                                                               
practice.    The  intermediate stage  of  the  graduated  license                                                               
restricts  driving  to  9  p.m.  and  restricts  the  vehicle  to                                                               
transporting no more than one teenage passenger.                                                                                
                                                                                                                                
1:43:10 PM                                                                                                                    
                                                                                                                                
MR. JUDSON recommended amending the bill to include texting.                                                                    
                                                                                                                                
CHAIR P.  WILSON asked him to  testify with respect to  the bill,                                                               
that  this bill  would  prohibit cell  phone  use while  driving,                                                               
which would include texting.                                                                                                    
                                                                                                                                
MR.  JUDSON suggested  all states  should impose  a total  ban on                                                               
hand-held  hands-free  devices, based  solely  on  the number  of                                                               
fatal accidents. He related that  30 states, including Washington                                                               
D.C.  ban cell  phone use  by novice  drivers. Every  year 4,000-                                                               
8,000 crashes occur related to cell  phone use in the U.S.  Seven                                                               
states have enacted primary laws  that ban hand-held cell phones:                                                               
California,   Connecticut,   New   Jersey,  New   York,   Oregon,                                                               
Washington,  and the  District of  Columbia.   In 2011,  Delaware                                                               
signed  a similar  law.   Thirty  states have  a primary  offense                                                               
banning all texting by drivers.   He said he is opposed to making                                                               
the violation of  cell phone use a  secondary enforcement offense                                                               
since  the officer  would need  another reason  to pull  over the                                                               
driver.  Instead, he favored  primary enforcement on cell phones.                                                               
He said that  half of all states include a  category of hand-held                                                               
electronic  equipment that  must  be included  on their  accident                                                               
reports.                                                                                                                        
                                                                                                                                
1:46:18 PM                                                                                                                    
                                                                                                                                
MR.  JUDSON  said that  it  should  be  mandatory for  state  and                                                               
municipalities  to categorize  cell phones  and other  electronic                                                               
equipment  on accident  reports.   He  related his  understanding                                                               
that reporting  is non-existent or  else it is too  difficult for                                                               
police  to  compile  cell  phone  statistics  in  their  accident                                                               
reports.   He suggested the ban  should apply to all  those under                                                               
19  years  of   age  based  on  statistics   and  should  include                                                               
intermediate  drivers  if  the  state  has  adopted  a  graduated                                                               
licensure program.   He  thought that  there should  be mandatory                                                               
reporting  of electronic  usage involved  in crash  reports.   He                                                               
further recommended  that children should  be tried as  adults in                                                               
the event a crash involves  fatalities.  Further, the bill should                                                               
apply to  all taxi  drivers and transit  drivers.   He considered                                                               
the number  of crashes that  have occurred since the  state first                                                               
contemplated  banning cell  phone  use  while driving,  including                                                               
that  nationwide 4,000  crashes occurred  in a  five year  period                                                               
which totals 20,000 crashes not  including Alaska.  He emphasized                                                               
there  should  not  be  any  gray   areas  in  the  law  and  the                                                               
legislature should take a black  and white approach on this bill.                                                               
He  suggested that  theories should  not  interfere with  passing                                                               
this bill.   He  offered his  belief that now  is time  to change                                                               
this  law and  also ban  texting while  driving.   He offered  to                                                               
provide the sources of his statistics to the committee.                                                                         
                                                                                                                                
1:49:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  responded to  some  of  the issues  just                                                               
raised.    She referred  to  insurance  companies as  masters  of                                                               
studying the data.   She turned to Alaska  drivers' statistics in                                                               
members' packets  related to accidents:   In 2009, the  age range                                                               
for 61  and older had zero  crashes, while 8 crashes  happened in                                                               
the target  population.   She surmised the  senior age  group has                                                               
fewer crashes,  likely because they  tend not to use  cell phones                                                               
as  much.    She  recalled  an  earlier  issue  raised  was  that                                                               
teenagers would be prohibited  from reporting accidents; however,                                                               
an exemption  already exists under  AS 11.81.320 that  allows all                                                               
drivers  to  report.   This  statute  provides  justification  to                                                               
report any  illegal activity.   With respect to  interfering with                                                               
parental rights,  she drew  on her own  experience.   She related                                                               
could tell her  children not to use cell phones  while driving in                                                               
her  car, but  not  all parents  can enforce  their  rules.   She                                                               
suggested that this bill would  help parents enforce their rules.                                                               
She characterized this bill as  one that addresses public safety.                                                               
She offered her belief that HB  128 will save lives and has broad                                                               
public support.                                                                                                                 
                                                                                                                                
1:53:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  noticed the  statistics are  reported for                                                               
ages  16-20, and  questioned why  the bill  only limits  those 18                                                               
years of age and younger.                                                                                                       
                                                                                                                                
REPRESENTATIVE GARDNER answered that  the state collects data for                                                               
the youth  16-20 years of  age and  does not break  the statistic                                                               
out for each age by year.                                                                                                       
                                                                                                                                
REPRESENTATIVE  JOHNSON clarified  that the  bill prohibits  cell                                                               
phone use up to 18 years of age.                                                                                                
                                                                                                                                
REPRESENTATIVE   GARDNER   responded  that   a   well-established                                                               
template exists  for the state  and federal laws.   She explained                                                               
that at  18 years of  age a person  can vote, join  the military,                                                               
and  sign contracts.   She  expressed a  willingness to  have the                                                               
committee consider  the ages that  the bill would apply  the cell                                                               
phone ban.                                                                                                                      
                                                                                                                                
1:54:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  suggested that the combined  age data may                                                               
skew the statistics to a higher percentage.                                                                                     
                                                                                                                                
REPRESENTATIVE GARDNER  answered that she thought  the data could                                                               
be broken  down for that  age group,  but she surmised  the trend                                                               
would show older drivers have  fewer accidents.  She suggested it                                                               
may  not be  warranted for  researchers to  isolate the  data for                                                               
those less  than 18 years  of age since  it would not  likely add                                                               
much more to the discussion.                                                                                                    
                                                                                                                                
1:55:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT referred  to  a Juneau  Empire article  in                                                             
members'  packets,  which  read,  "An  insurance  industry  study                                                               
released last year by the  Highway Loss Data Institute found that                                                               
state laws banning the use of  hand held devices to make calls or                                                               
send  text messages  while  driving have  not  resulted in  fewer                                                               
vehicle crashes."   He related his understanding  that the reason                                                               
for the bill is to reduce  crashes, but the data does not support                                                               
the reduction.   He  asked for further  clarification.   He asked                                                               
whether  the   sponsor  has  considered   implementing  graduated                                                               
licenses  for teenagers,  since  the data  suggests  the risk  is                                                               
highest for the period of those just licensed.                                                                                  
                                                                                                                                
REPRESENTATIVE    GARDNER   answered    yes.       She   recalled                                                               
Representative Gruenberg previously introduced  a bill to address                                                               
that  issue.   She offered  his belief  it would  constitute good                                                               
public policy  to prohibit  cell phone use  for drivers  18 years                                                               
and younger.   She suggested  the committee could  consider other                                                               
limits.    In  further  response to  Representative  Pruitt,  she                                                               
answered  that the  bill makes  cell  phone use  while driving  a                                                               
secondary offense.                                                                                                              
                                                                                                                                
REPRESENTATIVE  MUNOZ  pointed  out  that Alaska  already  has  a                                                               
graduated license law  and she thought it required  six months of                                                               
supervised driving,  but that specific  statute does  not address                                                               
cell phone use.                                                                                                                 
                                                                                                                                
1:58:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  agreed  that  establishing  a  limitation                                                               
might be  something for  the committee to  consider.   He pointed                                                               
out other distracted driving as  something he has considered with                                                               
respect to  discussions on other  cell phone bills.   He recalled                                                               
in  one instance  a student  was changing  the radio  station and                                                               
totaled her car.  He did not  recall any data with respect to how                                                               
distracting  radio  use might  be,  but  he  was aware  of  other                                                               
distractions besides  cell phone  use.  He  said it  almost seems                                                               
like  this activity  targets  cell phone  use,  but perhaps  that                                                               
activity should be addressed as part of a provisional license.                                                                  
                                                                                                                                
1:59:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  answered that anyone can  make a mistake,                                                               
but this bill targets teenagers since  they are in the process of                                                               
learning  habits.    She  agreed  there is  no  end  to  possible                                                               
distractions  while driving;  however, teens  are more  impulsive                                                               
and distractible than  adults.  Those under 18 years  of age have                                                               
been  involved in  a disproportionate  share  of serious  vehicle                                                               
accidents resulting  in death  or injury  than the  population at                                                               
large.    This bill  is  designed  to  save  lives in  a  simple,                                                               
inexpensive way  that reinforces parental decisions  by those who                                                               
restrict  their children  from cell  phones while  driving.   She                                                               
characterized this bill as a public safety issue.                                                                               
                                                                                                                                
2:01:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked whether  the sponsor  was amendable                                                               
to  amend  the  bill  add  other  distractible  items,  including                                                               
eating, putting on makeup, or using the radio.                                                                                  
                                                                                                                                
REPRESENTATIVE  GARDNER offered  to  consider other  distractions                                                               
although she did not want to amend the bill at this time.                                                                       
                                                                                                                                
REPRESENTATIVE JOHNSON  said he wanted  to work with  the sponsor                                                               
on expanding the bill by adding in other distractions.                                                                          
                                                                                                                                
[HB 128 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB 128 Sponsor Statement.pdf HTRA 2/16/2012 1:00:00 PM
HB 128
HB 128 Teen Driver Fact Sheet.pdf HTRA 2/16/2012 1:00:00 PM
HTRA 3/1/2012 1:00:00 PM
HB 128
HB 128 Studies and Articles.pdf HTRA 2/16/2012 1:00:00 PM
HTRA 3/1/2012 1:00:00 PM
HB 128
HB 128 Letter of Support State Farm.pdf HTRA 2/16/2012 1:00:00 PM
HTRA 3/1/2012 1:00:00 PM
HB 128
HB 128 Letter of Support NSC HB 15.pdf HTRA 2/16/2012 1:00:00 PM
HB 128
HB 128 Letter of Support APOA HB 15.pdf HTRA 2/16/2012 1:00:00 PM
HTRA 3/1/2012 1:00:00 PM
HB 128
HB 128 Letter of Support Allstate.pdf HTRA 2/16/2012 1:00:00 PM
HTRA 3/1/2012 1:00:00 PM
HB 128
HB 128 Crash Data.pdf HTRA 2/16/2012 1:00:00 PM
HTRA 3/1/2012 1:00:00 PM
HB 128
HB 128 Alaska Crash Data.pdf HTRA 2/16/2012 1:00:00 PM
HB 128
HB0128A.pdf HTRA 2/16/2012 1:00:00 PM
HB 128
HB 157 ver A.pdf HTRA 2/16/2012 1:00:00 PM
HB 157
HB 157 Sponsor Statement.pdf HTRA 2/16/2012 1:00:00 PM
HB 157
HB 157_Backup_DOTHeadlights.pdf HTRA 2/16/2012 1:00:00 PM
HB 157
HB 157_LTR of Support DonCallahan.pdf HTRA 2/16/2012 1:00:00 PM
HB 157
HB_157 Backup_NHTSA_DRLs.pdf HTRA 2/16/2012 1:00:00 PM
HB 157
HB_157 Backup_NHTSA_Headlight_Glare.pdf HTRA 2/16/2012 1:00:00 PM
HB 157
HB 157 Headlights.msg HTRA 2/16/2012 1:00:00 PM
HB 157
HB 157 Motorcycle issue.msg HTRA 2/16/2012 1:00:00 PM
HB 157
HB 157 Seward Hiway Safety.msg HTRA 2/16/2012 1:00:00 PM
HB 157
AK Mobility CoalitionTra Comm 2-7-12.pdf HTRA 2/16/2012 1:00:00 PM