HB 257-BAN CELL PHONE USE WHEN DRIVING  CHAIR P. WILSON announced that the final order of business would be HOUSE BILL NO. 257, "An Act relating to prohibiting the use of cellular telephones when driving a motor vehicle; and providing for an effective date." 2:47:57 PM CHAIR P. WILSON explained that HB 257 has had two prior hearings and four amendments have previously been adopted. Amendment 1 changed the bill to apply only to hand-held devices. Amendment 2 added an effective date clause. Amendment 3 defined emergency use and Amendment 4 made use of a cell phone while driving a vehicle a secondary offense. Members previously asked for time to review the studies in members' packets. 2:48:26 PM REPRESENTATIVE MUNOZ moved to adopt the proposed committee substitute (CS) for HB 257, labeled 26-LS1104\S, Luckhaupt, 3/18/10 as the working document. REPRESENTATIVE T. WILSON objected for the purpose of discussion. 2:49:16 PM REPRESENTATIVE GRUENBERG noted that Amendment 2 deleted the effective date. He referred to the language for Amendment 2, labeled, 26-LS 1104\E.2, Luckhaupt, 2/19/10, which read: Page 1, line 2: Delete "; and providing for an effective date" Page 1, line 13: Delete all material. 2:49:47 PM REPRESENTATIVE T. WILSON related that one of the prior questions asked how many cell phones are currently used by the DOT&PF and the impact this bill would have on the department. She noted that the fiscal note does not show the fiscal effect on government. CHARLES BOYLE, Staff, Representative Mike Doogan, Alaska State Legislature, stated that the bill has a zero fiscal note from the Department of Law, which is the only fiscal note received on the bill. 2:50:27 PM REPRESENTATIVE T. WILSON asked for the impact and the frequency of use that cell phones are used in vehicles on a daily basis. She further asked if the phones would not be used any longer what kind of impact it would have on the DOT&PF. MR. BOYLE explained that with the hands-free provision in the bill, people can use cell phones while driving, but would need a hands-free device to do so. 2:51:07 PM REPRESENTATIVE MUNOZ asked whether the trucking industry supports the bill with the hands-free provision that was added to the bill. MR. BOYLE stated that he has not spoken to the trucking industry since the last amendment to the bill was passed. He offered his belief that they just wanted to be able to cell phones and the hands-free exception would allow cell phone use. He stated that many companies are moving towards a ban on personal cell phone use. 2:51:48 PM REPRESENTATIVE T. WILSON asked for the reason that existing statutes on distraction do not cover these types of things. MR. BOYLE offered since HB 257 designates cell phone use as a secondary offense, that police officers would not stop individuals for cell phone use. In the event that a driver commits a primary offense, such as runs a red light while talking on a cell phone, the person could be cited. He stated that the bill is more specific to distraction for cell phone use. 2:52:20 PM REPRESENTATIVE MUNOZ asked whether the typical communication on the "Haul Road" is by cell phone. MR. BOYLE recalled the Alaska Trucking Association previously indicated that truck drivers usually use radios since the cell phone reception is "spotty" on the "Haul Road." 2:52:41 PM REPRESENTATIVE JOHANSEN asked for clarification on the fiscal note. MR. BOYLE responded that the only fiscal note is a zero fiscal note from the Department of Law. 2:53:08 PM CHAIR P. WILSON stated that she would like to pass this bill out. She offered to hold it to check on a DOT&PF fiscal note. REPRESENTATIVE GRUENBERG pointed out that the bill has a referral to the House Judiciary Standing Committee. He offered to ensure that the fiscal note from the DOT&PF would be considered. 2:53:58 PM REPRESENTATIVE PETERSEN expressed concern that a citizen's band (CB) radio might be defined as a cell phone. He recalled the Alaska Trucking Association suggested excluding "push to talk" radios, which are often used in areas such as the Dalton Highway since that area does not have cell phone towers. Perhaps the next committee of referral could consider this. REPRESENTATIVE GRUENBERG agreed. 2:54:34 PM REPRESENTATIVE T. WILSON offered that she does not feel comfortable without knowing the facts. She stated she would like to know the impact on government. She offered her belief that the bill impacts government. CHAIR P. WILSON related that if a fiscal note is added to the bill that it would automatically have a referral to the House Finance Committee. REPRESENTATIVE T. WILSON said she thought the committee should look at the bill "as a whole." CHAIR P. WILSON stated that she believes that the House Transportation Standing Committee is a policy committee. While the committee does look at the fiscal impact, the primary emphasis is on policy. She indicated her intent to move the bill. REPRESENTATIVE T. WILSON suggested that this is a policy call since the bill would affect not only the fiscal impact, but communication throughout the agencies that currently use cell phones. REPRESENTATIVE JOHANSEN said he thought that the jurisdiction on the fiscal note is the House Finance Committee as well as the House Judiciary Standing Committee, since the courts fall under its purview. He said he felt comfortable moving the bill out of committee. He asked about the comments made about the Alaska Trucking Association. He asked whether the comments were based on testimony. CHAIR P. WILSON commented that members should have a letter in their packet. REPRESENTATIVE PETERSEN related that he is not representing the Alaska Trucking Association. He recalled receiving a memo from the organization so he brought their comments to the attention of the committee. 2:58:00 PM REPRESENTATIVE GRUENBERG, in response to Chair Wilson, related that the memo referred to was from Aves Thompson, Alaska Trucking Association to Cindy Cashen, Alaska Highway Safety Office (AHSO). He reiterated their suggestion that perhaps language on a "push to talk" device could clarify the allowable use of such devices, especially along the Dalton Highway. He offered to bring the matter to the attention of the House Judiciary Standing Committee since he is a member of the committee. REPRESENTATIVE JOHANSEN, in response to Representative Gruenberg, explained that he relies on the committee process to provide the fiscal impact. He maintained that if a bill has a fiscal impact to an agency, the bill will receive a House Finance Committee referral. He pointed out that the process works. 2:59:26 PM REPRESENTATIVE GRUENBERG offered to work with the sponsor and Mr. Thompson on the bill. 2:59:56 PM REPRESENTATIVE T. WILSON removed her objection. REPRESENTATIVE MUNOZ moved to report the proposed committee substitute (CS) HB 257 labeled 26-LS1104\S out of committee with individual recommendations and the accompanying fiscal note from the Department of Law. REPRESENTATIVE T. WILSON objected. She said she believed that there are laws on distraction. This is just another way government intrudes and will not result in any safer drivers. REPRESENTATIVE GRUENBERG related that to "deal with the infraction for distraction" requires proof of distraction. This bill would make it against the law to use the hand held cell phone and will not require proof to show the person was distracted. He related it is very difficult to prove distraction and HB 257 would make it clear that it is against the state's policy while using a hand held phone. He said he hoped the committee would move the bill. REPRESENTATIVE T. WILSON maintained her objection. She stated that she read all of the information presented on states with bans on cell phones. She said she was not convinced people would be safer if the bill passed. REPRESENTATIVE JOHANSEN supported moving the bill along although he did not support the bill's concept. 3:03:07 PM A roll call vote was taken. Representatives Johansen, Munoz, Petersen, Gruenberg, and P. Wilson voted in favor of reporting HB 257, labeled 26-LS1104\S, Luckhaupt, 3/18/10 from committee. Representatives T. Wilson voted against it. Therefore, CSHB 257(TRA) was reported out of the House Transportation Standing Committee by a vote of 5-1. CHAIR P. WILSON announced that the CSHB 257(TRA) was reported out of the House Transportation Standing Committee.