Hands-free cell phone bill headed for the House Floor

Speaking on behalf of many families who’ve lost a loved one to a distracted driver, Greg Tikalsky shared the story Thursday – how his father, Joe, was killed by a distracted driver while crossing a country road to his mailbox to grab the morning paper.

“My dad had a good smile,” Tikalsky told the House Ways and Means Committee, while holding up a picture of the scene. “But this is my last memory of my dad, lying under a blanket in a ditch next to the field that he farmed his entire life. This is the one that’s burned in my memory.”

The problem, he and other supporters of a bill approved by the committee say, is many Minnesotans are addicted to cell phones to the point where the device must be used while driving.

Sponsored by Rep. Mark Uglem (R-Champlin), HF1180 would require hands-free cellphone use when operating a motor vehicle, unless “the vehicle is legally pulled over to the side of the road, has come to a complete stop, and is not obstructing traffic.”

It was amended to align its language with the Senate version, before being approved on a voice vote and sent to the House Floor. A few “no” votes could be heard.

“I’ve been around the Legislature 16 years and I can’t think of a bill that’s had this level of degree of bipartisan support,” said Rep. Frank Hornstein (DFL-Mpls). “I think we’re over 20 Democrats and 20 Republicans that are co-sponsors of this bill.”

A companion, SF837, sponsored by Sen. Jim Carlson (DFL-Eagan), awaits action by the Senate Rules and Administration Committee.

In a March 30, 2017, letter to Carlson, Gov. Mark Dayton offered his “strong support” for the bill, which would make Minnesota the 17th state with such a law.

“This addresses the biggest single public safety issue that’s facing us on the roads today,” Uglem said. “There are over 110 million people in the United States that are driving under hands-free legislation now. … This is a bill whose time has come.”

Uglem said one in four vehicle incidents in Minnesota is due to distracted driving.

“People aren’t just texting anymore,” he said. “The state patrol stopped a guy the other day that was trading stocks. People are paying bills while they’re driving down the road. They’re snapchatting, they’re Facebooking. This is epidemic because we are addicted to phones.”

It’s already illegal to text while driving with a violator subject to a $50 fine; subsequent penalties are $225. Those would be the same for using a handheld cell phone behind the wheel.

Phones could be used in a voice-activated or hands-free mode and in some emergency situations. Devices that function solely for GPS or navigation purposes could also still be used, but would need to be affixed to the dash.

“Driving is not a right, driving is a privilege,” said Rep. Jim Newberger (R-Becker). “One of the rights stated in our constitution is the right to life. What we have is a privilege, driving, that is infringing upon a right, which is life.”

Tikalsky challenged committee members and supporters to contact legislative leaders and urge the bill’s passage as the 2018 session winds down.

“I’m asking for 80 seconds of your time,” he said. “One second for each foot that my dad’s body was thrown once the vehicle struck him.”

Tikalsky said one leader has not responded.

Since April 2017 his family has sent more than 30 messages to the office of Senate Majority Leader Paul Gazelka (R-Nisswa) and heard nothing. He also said a poll earlier this month on Gazelka’s Facebook page showed 81 percent support among the 5,000 responses.

Bret Collier of Big Lake spoke against the bill because, in part, he said, statistics don’t show the need for this change. “The act of talking on a phone while driving is no more a lethal distraction than eating or playing with the radio.”

Collier believes a harsher penalty is needed for texting while driving because the current one is not enough of a deterrent.

“The only thing that this legislation will do is create a new revenue stream for counties, state and the legal profession,” he said.