After North Dakota lawmakers shot down a bill this year that would have established penalties for North Dakotans caught texting while driving, a new bill introduced on Wednesday could change that.

The legislation, introduced by U.S. Senate Democrats, would require the U.S. Department of Transportation to devise minimum penalties for states to impose on drivers who are caught texting while driving.

States would have two years to enact the texting bans or lose 25 percent of their federal highway funding. So far, 13 states and the District of Columbia have outlawed texting while driving, with some of those bans going into effect this year.

In a 60-34 vote, the North Dakota House defeated a bill in January that would have implemented a $100 fine on drivers caught texting while driving.

Rep. Lawrence Klemin, R-Bismarck, who introduced the texting ban bill, said he is generally supportive of a federal incentive for states to outlaw the use of texting while driving. Without one, North Dakota lawmakers are likely to continue opposing a ban on texting while driving, he said.

"It's really difficult to persuade the Legislature," Klemin said. "It's something we should do here in North Dakota."

Tom Balzer, the managing director of the North Dakota Motor Carriers Association, an organization that represents truck drivers in the state, said texting while driving is "an issue that will continue to plague us." The organization took a neutral stance on the texting legislation this year.

"The trucking industry knows very intimately the dangers of distracted drivers," Balzer said. "The majority of accidents we run into are caused by the passenger vehicles ¦ the number of districted drivers out there are growing and it's becoming a severe problem."

Balzer said the bill still has unanswered questions, such as its potential effect on the electronic communication terminals used by truck drivers. He said those devices are not accessible to the drivers when the truck is in gear.

The Virginia Tech Transportation Institute also released a study on Wednesday that found commercial truck drivers are 23 times more likely to be in a crash or near miss while texting.

On July 1, North Dakota law enforcement agencies began reporting whether or not electronic devices, such as cell phones, are playing a part in causing car accidents.

The data are sent to the North Dakota Department of Transportation. Officials said after six months to a year they will be able to see if there are any trends.

Klemin said those potential trends may help North Dakota lawmakers pass a texting ban two years from now, adding he will consider introducing a similar bill in 2011 if re-elected in 2010.

Rep. RaeAnn Kelsch, R-Mandan, voted against the texting bill this session, but said a federal ban would be better in order to make texting laws consistent. She added that the potential for the state to lose highway funding would give lawmakers incentive to approve a ban, too.

"It will change the debate in North Dakota," Kelsch said. "It was the same when we had to lower the blood alcohol content from .1 to .08."

Regardless, Kelsch said a texting ban is no slam dunk in the North Dakota Legislature.

"In other states it's probably a bigger issue," she said. "In North Dakota, it's probably not as big of an issue."

Gov. John Hoeven said he needs more information about the U.S. Senate bill, but added it could be a step in the right direction.

"I do think it does have merit," Hoeven said. "I think we need to take a look at it, if somebody is looking down and texting while they're trying to drive that could be a concern."

Sen. Kent Conrad, D-N.D., said Thursday that he has not seen the legislation, adding, "the practice of texting while driving is irresponsible."

(Reach reporter Brian Duggan at 223-8482 or brian.duggan@;bismarcktribune.com.)