The House has voted 51-16 in favor of HB 729, the new version of the texting-while-driving bill. The new bill, which makes first-time violations a $50 infraction and subsequent violations a $100 infraction, still needs Senate passage and the governor's signature to become law.

In an hour-plus debate, several House members asked questions of sponsor Rep. Steve Kren, R-Nampa, about how the bill would work and what would happen in case of repeated violations. Kren said like any infraction, repeated violations could accumulate points that could lead to a license suspension.

Rep. Jim Patrick, R-Twin Falls, spoke out against the bill. "There's a lot of things that are inattentive driving," he said, that he's seen drivers do - from reading a newspaper to lighting a cigarette with both hands while driving with their knees. "Those are all just as bad." Patrick said he thought texting while driving would be difficult to prove. "Just because they've got their phone in their hand doesn't prove anything." Patrick said he doesn't text and drive, but said, "I also don't read a book and drive, I don't put on lipstick - well, I don't any time." Said Rep. Steve Hartgen, R-Twin Falls, "It seems to me that we're passing a statute here that cannot be enforced." He said he preferred the bill that the Senate sent the House earlier; that measure, SB 1352a, placed the texting-while-driving ban in the existing inattentive driving law.

Rep. Eric Anderson, R-Priest Lake, said the definition in the new bill leaves out many uses of handheld devices that are just as distracting as sending a text message. "This particular piece of legislation does not get you there," he said. "I would ask that this thing go down." Rep. Grant Burgoyne, D-Boise, said the bill is flawed - and said the previous one was too - but asked that lawmakers pass it anyway. He said the publicity surrounding the bill and the issue will deter people from texting and driving - and save lives - if lawmakers pass the bill this year. "I don't think we should walk away from a bill ... when we can do that," he said. Rep. Rich Wills, R-Glenns Ferry, a retired state trooper, said, "The bottom line here is that we need to do something."

Rep. Phil Hart, R-Athol, spoke against the bill, saying he didn't like the fact that law enforcement and emergency responders would be exempt. "I might like it better if legislators performing their duties were exempt from this," he told the House. Rep. Marge Chadderdon, R-Coeur d'Alene, said, "I can't see where it's going to change the fact that it's still inattentive driving, no matter what you call it, so I can't support this bill." The new bill still needs Senate passage and the governor's signature to become law.