Tie votes prompt lawmaker to switch his position on texting ban Friday

BISMARCK — Debate over a proposed North Dakota ban on texting while driving created a deadlock Friday among state lawmakers.

Twice, the House Transportation Committee came back with a 7-7 vote. On the third vote, lawmakers broke the impasse with an 8-6 recommendation to not pass the bill.

Rep. Mark Owens, R-Grand Forks, switched his position to move the bill out of committee with a recommendation, but said he would support the texting ban during the floor vote.

House Bill 1195 would ban drivers from using wireless communication devices to compose, read or send electronic messages. This includes checking e-mail, texting, instant messaging and using the Internet.

A violation would be a $100 fine and two points against a driver’s license for a first offense, with the penalty increasing for additional offenses.

The bill has exceptions for talking on the phone or operating a global positioning system device. The proposed law would not apply in emergency situations.

Rep. Ed Gruchalla, D-Fargo, supported the statewide ban, saying texting is “the most egregious distraction that there is.”

However, Rep. Scott Louser, R-Minot, said the ban in Bismarck isn’t deterring people from texting while driving; he recently saw someone doing so. Rep. RaeAnn Kelsch, R-Mandan, also opposed a statewide ban.

“Those kids aren’t stopping texting. It hasn’t stopped anyone from texting,” she said. “Alls it’s done is made them better at hiding texting, which in my mind makes it even more dangerous.”

Rep. Dave Weiler, R-Bismarck, said individual cities can pass a texting ban if they feel one is needed.

Under the original deadlock, Reps. Robert Frantsvog, R-Minot, Owens, Gary Sukut, R-Williston, Don Vigesaa, R-Cooperstown, Gruchalla, Kathy Hogan, D-Fargo, and Kenton Onstad, D-Parshall, supported the texting while driving ban. Reps. Dan Ruby, R-Minot, Weiler, Kelsch, Brenda Heller, R-Beulah, Louser, Robin Weisz, R-Hurdsfield, and Lois Delmore, D-Grand Forks, were against the statewide ban.

Before this discussion, the committee voted 8-6 to approve a distracted driving bill.

House Bill 1190 goes beyond texting and includes any distraction. It also carries a $100 fine, but distracted driving would be a secondary offense.

In other words, drivers would need to be pulled over for another violation — like weaving in the road — before they could be cited for distracted driving.

Gruchalla opposed this bill due to its secondary enforcement.

“I think, when we pass laws, we want them enforced,” he said.

Louser said the secondary offense would ease the burden on law enforcement, saying the committee has often heard about the strained resources of enforcement agencies.

Both bills will now move to the House for a full vote.

Teri Finneman is a multimedia reporter for Forum Communications Co.

Tags: north dakota, north dakota legislature, news, texting, driving