Cellphone usage law faces challenges

"I just think that people have really strong feelings on that issue," said Juneau Republican Rep. Cathy Munoz, whose bill to ban hand-held cellphone use while driving was overwhelmingly rejected by the House Judiciary Committee in April. "I was frankly pretty surprised at the reaction."

Anchorage Democratic Rep. Mike Doogan, who has his own bill to ban the practice, agreed it stands virtually no chance of passing in the 2012 legislative session that begins next month in Juneau.

"I don't see any version of that bill advancing this session, certainly while Carl Gatto is the chairman of the judiciary committee," Doogan said.

Gatto, a Republican from Palmer, helped ensure a swift death for Munoz's bill last year and any attempts to get a ban through the Legislature are faced with his committee. Gatto did not return a phone message Tuesday asking about his stand.

Doogan said he doubts the new NTSB report will have much immediate influence over the Alaska Legislature.

"I've always thought that we're only going to really get a grip on this whole cellphone question after some sort of tragedy," Doogan said.

The National Transportation Safety Board put out a report this month recommending that all states ban cellphone use behind the wheel, even for drivers who use hands-free devices like wireless headsets. No state currently goes that far but nine do ban the use of hand-held cellphones while driving, including Washington, Oregon and California.

The NTSB said its recommendation was based on investigations into distracted-driving accidents nationwide and the prevalence of increasingly versatile cellphones, where drivers can email, watch videos, check Facebook, tweet and make phone calls while behind the wheel. A total of 35 states ban texting by drivers, theoretically including Alaska, but the Alaska Legislature wrote the anti-texting law so vaguely some magistrates say they can't enforce it.

Telecommunications companies have lobbied in some states against efforts to outlaw cellphone use while driving. But that hasn't been an issue in Alaska, according to supporters of a ban. GCI last year declared its neutrality on the bills; ACS said it advocates for laws requiring drivers to use hands-free devices. The opposition has come from lawmakers who question whether the ban would do any good given all the distractions drivers face.

The House Judiciary Committee voted 6 to 1 in April to squash Munoz' bill that sought to ban using hand-held cellphones while driving unless the driver was making an emergency call to police, fire or other services.

Anchorage Republican Rep. Bob Lynn said it might lead to other "nanny state" bills to control people's behavior.

"Driving does involve multi-tasking. If you can't multi-task and drive at the same time maybe you shouldn't drive at all," Lynn said.

Others questioned whether using a cellphone while driving was more distracting then other things, like hamburgers, pets or talking to passengers. Wasilla Republican Rep. Wes Keller said there's a big difference between using a cellphone on a dark, slippery road or on a low traffic road in the middle of the afternoon, and he can't support a full ban on the practice.

Anchorage Democratic Rep. Lindsey Holmes said there were too many questions for her to support moving the bill forward.

Among other things, she said, most of her concerns are with people talking on the phone while they back out of a parking spot, and the bill didn't seem to stop that with its language specifying a ban in a "highway or vehicular way or area."

Normally a bill would be held in committee for possible further discussion or language changes. But Gatto called for an immediate vote. That led to the bill dying a 6 to 1 death for the entire 27th Legislature, which includes 2012.

Reach Sean Cockerham at scockerham@adn.com or 257-4344.