It was the first day for legislators to pre-file bills in advance of the 2010 legislative session, which begins in Juneau on Jan. 19 and lasts for 90 days. Other proposals filed Friday included a measure to forbid utilities from billing for their own "negligent" conduct and a bill to allow pharmacists to refuse to dispense emergency contraceptives such as the Plan B "morning after" pill.
Anchorage Democratic Rep. Mike Doogan filed the bill to outlaw talking on a cell phone while driving, a ban already imposed in California, Oregon, Washington, Connecticut, New Jersey and New York. It joins a bill that began moving last session in the Alaska House that would forbid teenagers from driving while they talk on a cell phone, but lets adults go ahead and gab and drive.
Fairbanks Republican Rep. Jay Ramras, chair of the House Judiciary Committee, said he'll give Doogan's bill a hearing. His committee has already passed out the bill targeting teen drivers who talk on their cell phones.
"I think it's a timely subject," Ramras said.
Doogan's proposal, House Bill 257, would make it illegal for anyone to use a cell phone while driving a vehicle unless they are making an emergency call. Doing so would be punishable by a fine of up to $300. "All of the scientific evidence that I'm familiar with says the effect on people of trying to talk on a cell phone while driving is essentially the same as them driving drunk," Doogan said.
Other states that banned cell phones and driving included exceptions for people who use hands-free devices, such as Bluetooth headsets. Doogan's bill has no such exception.
Ramras said he won't pass the bill out of his committee unless Doogan agrees to make it only a secondary offense, meaning the fine could only be imposed if the driver was pulled over for some other reason and was also talking on the phone.
"I don't think law enforcement needs more reasons to pull people over," Ramras said.
Anchorage Democratic Rep. Berta Gardner's House Bill 15, which would forbid Alaskans under the age of 18 from talking on a cell phone while driving, awaits a hearing in the House Finance Committee before it can go to the floor for a vote of all the representatives.
Chugiak Republican Rep. Bill Stoltze, who schedules hearings in that committee, did not respond to messages left on his cell phone and with his staff seeking his position.
NIPPING DRUG TESTING IN BUD?
Another bill attracting attention is a proposal by Wasilla Republican Rep. Wes Keller for random drug and alcohol testing of Alaskans who receive public assistance.
Given the constitutional issues involved with the bill, it would likely be referred to Ramras' Judiciary Committee. Ramras said it is "a provocative notion" but one that is highly unlikely to pass the Legislature in the upcoming session.
"There are going to be many more-pressing issues that are going to have the opportunity to pass both bodies (of the Legislature) and I'm not that interested in having an academic dialogue about something that's not likely to move," he said.
Keller's House Bill 259 would require the state Department of Health and Social Services to implement a program for random and suspicion-based testing of recipients of adult public assistance for illegal drug use and for alcohol use "that impairs a recipient's ability to work or to seek work." It says the department "may" deny or suspend public assistance to someone who has tested positive. Several other states currently have bills proposing random testing for illegal drugs of welfare recipients. Keller takes it a step further and is also calling for testing for alcohol, a legal substance.
Other bills filed Friday include:
• HB 254 and HB 263, which would require people who file ethics complaints against the governor or another member of the executive branch to keep them confidential or have them dismissed out of hand. The complaints would become public if probable cause of a violation is found. The bills, which follow the recent ethics complaints against Sarah Palin, are sponsored by Anchorage Republican Rep. Bob Lynn and Doogan.
• SB 205, which would forbid utilities from billing customers for "negligent" or "reckless" conduct. It's a response to Enstar's attempt to pass the costs of a $5.7 million billing error that it made at Fort Richardson on to the utility's customers. The $2.60 per month charge was included in last year's rate increase and the Regulatory Commission of Alaska is now weighing whether to let those charges stand or require Enstar to pay a refund. The bill is sponsored by Anchorage Democratic Sens. Bill Wielechowski and Hollis French. Anchorage Democratic Reps. Chris Tuck, Pete Petersen and Les Gara plan a House version.
• Senate Bill 197, which would give pharmacists the right to refuse to dispense emergency contraceptives such as the Plan B "morning after" pill. It's sponsored by Eagle River Republican Sen. Fred Dyson, and it is unlikely to receive support in a Senate Health, Education and Social Services Committee that is chaired by Anchorage Democratic Sen. Bettye Davis.
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