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.