BILL ANALYSIS
SB 28
Page 1
SENATE THIRD READING
SB 28 (Simitian)
As Amended August 4, 2008
Majority vote
SENATE VOTE :31-6
TRANSPORTATION 9-2 APPROPRIATIONS 12-4
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|Ayes:|DeSaulnier, Carter, |Ayes:|Leno, Caballero, Davis, |
| |Furutani, Horton, | |DeSaulnier, Furutani, |
| |Karnette, Nava, | |Huffman, Karnette, |
| |Portantino, Ruskin, | |Krekorian, Lieu, Ma, |
| |Solorio | |Nava, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Duvall, Huff |Nays:|Walters, Emmerson, La |
| | | |Malfa, Nakanishi |
| | | | |
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SUMMARY : Bans the use of text messaging devices by drivers.
Specifically, this bill :
1)Prohibits driving a motor vehicle while using an electronic
wireless communications device to write, send, or read a
text-based communication which is defined as manually
communicating with any person using text-based communication
such as text-messaging, instant messaging and email.
2)Specifies that this prohibition does not include reading,
selecting, or entering a telephone number or name in an
electronic wireless communications device for the purpose of
making or receiving a telephone call.
3)Provides that a violation of this prohibition is an infraction
and establishes a base fine of $20 for the first violation and
$50 for each subsequent offense.
4)Excludes from this bill's prohibition any emergency
professional who uses these devices while operating an
emergency vehicle in the course and scope of his or her
duties.
SB 28
Page 2
5)Prohibits a violation point from being given for a conviction
under this bill's provisions.
EXISTING LAW :
1)Prohibits driving a motor vehicle while using a wireless
telephone unless that telephone is specifically designed and
configured to allow hands-free listening and talking, and is
used in that manner while driving.
2)Provides a penalty for a violation of that prohibition by a
base fine of $20 for a first offense and $50 for each
subsequent offense.
3)Prohibits a driver under 18 from using a wireless telephone,
even if equipped with a hands-free device, or from using a
mobile service device.
4)Exempts calls made to emergency service providers or calls
made by emergency services professionals.
5)Exempts the use of the walkie-talkie, push-to-talk feature
that is built into certain wireless telephones.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor one-time costs, probably less than $50,000 in
2008-09, to the California Highway Patrol to modify its
enforcement policies and to educate the driving public about the
text messaging ban.
COMMENTS : Effective July 1, 2008, it is an infraction to
operate an automobile while using a wireless phone unless it is
used in a hands-free mode. Additionally, pursuant to SB 33
(Simitian), Chapter 214, Statutes of 2007, provisional driver's
license holders (i.e., those under the age of 18) may not use
cell phones at all while driving, nor may they use the various
mobile communications devices capable of "text-messaging."
This bill, essentially extends the teen ban on text messaging to
all drivers, regardless of age, and subjects them to the same
penalty (base fines of $20 for the first offense and $50 for
subsequent offenses; $76 and $190 respectively with penalties
and other add-ons) that applies to the use of hand-held cell
phones. (The existing teen ban on text-messaging refers to
SB 28
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"mobile service devices" while this bill uses the term
"electronic wireless communications devices." It is thought
that the former term is more inclusive and would cover such
items as citizens band radios and GPS devices.)
The ban on hand-held cell phones enacted by SB 1613 (Simitian)
Chapter 290, Statutes of 2006, was controversial, requiring
several legislative attempts before finally being successful,
despite substantial evidence that cell phone use, even in the
hands-free mode, entails substantial danger. (Some evaluations
have concluded that such use increases the likelihood of being
involved in an accident by as much as four times.) Arguments at
the time held that cell phone use is no more of a distraction
than eating a hamburger or changing stations on a radio while
driving.
It is difficult to imagine, however, an argument in favor of
allowing the driver of a high-speed, multi-ton, steel-and-glass
vehicle to engage in an activity as strongly distracting as
text-messaging. As expressed by the wireless industry's own
trade association, "Drivers should refrain from taking their
eyes off the road or their hands off the wheel for extended
periods. Text messaging while driving usually requires drivers
to engage in both behaviors." Similarly, the Association of
California Insurance Companies contends that, "The danger
inherent in such activity is manifest." Furthermore, according
to a 2006 study by the Liberty Mutual Research Institute for
Safety, texting is a teenager's primary driving distraction,
which is why Liberty Mutual supports this bill as a means of
making "California's roads safer." Finally, Verizon Wireless,
which also supported SB 1613, asserts that while wireless
devices save lives by facilitating emergency response to
accidents, "we believe that the technology should be used
responsibly. We encourage individuals not to engage in the act
of texting while driving a motor vehicle."
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093
FN: 0006511