Idaho: Cell phone laws, legislation

Cell phone, text messaging news: Sen. Les Bock returns with two distracted driving bills: one that would ban texting and another that would prohibit use of handheld cell phones. The chairman of the state Senate Transportation Committee predicts a ban on texting and driving will clear the Legislature in 2012.

Almost nine out of 10 Idaho voters are in favor of a ban on text messaging, a AAA survey has found. Six in 10 wanted to see some kind of cell phone ban for drivers. Eight in 10 backed enhanced penalties for distracted drivers who cause accidents, AAA said.

Sandpoint’s ban on driving while texting and using handheld cell phones took effect Dec. 29, 2011. Secondary enforcement with a $10 fine.

Current prohibitions:
None. There is an “inattentive driving” law, but it rarely is used for cell phones or texting.

Distracted driving legislation (2012):
Senate Bill 1251: Would outlaw use of handheld cell phones by drivers. Hands-free OK. Specifies that police may not confiscate cell phones as evidence. Fine: $75. (Bock, Werk)

SB 1252: Would prohibit text messaging by all drivers in Idaho. Hands-free OK. Fines: $75 (first offense), then $100. If injury or property damage results from texting & driving, violation is a misdemeanor with a $300 fine plus possible 90 days in jail. (Bock, Werk)

Distracted driving notes (2012):
Sen. Jim Hammond, chairman of the Senate Transportation Committee, says he’ll introduce legislation that would outlaw text messaging while driving if no one else does. Hammond told the Coeur d’Alene Press that he expects a texting ban to emerge from the 2012 legislative session.

The Idaho Press-Telegram surveyed 12 Canyon County representatives, all Republicans, and found none in favor of bans or limits on cell phone use while driving.

AAA Idaho’s latest survey of state voters found 87 percent in support of a statewide ban on texting while driving. 59 percent backed limits on cell phones and driving, with 37 percent feeling strongly about a ban. 79 percent wanted to see “enchanced” penalties for drivers who commit other violations while distracted. “There is strong bipartisan support to write a new law or amend the existing law to ban (texting),” AAA Idaho president Jim Manion said. The survey of 400 Idaho voters was conducted in November and released in mid-January. AAA Idaho supports legislation that seeks to ban texting and driving.

2011 distracted driving notes:
Sandpoint’s ban on driving while using handheld cell phones and texting took effect Dec. 29. The Sept. 21 vote by the City Council set a fine of $10 for violations but with secondary enforcement. Councilwoman Carrie Logan’s plan was for primary enforcement of a texting ban, but police felt they couldn’t enforce the law if handheld cell phone was allowed. Councilwoman Marsha Ogilvie said in early June: “Passage by the city will help the state legislators do the right thing.” (See 2009 notes, below.)

In 2011, Idaho’s Legislature adjourned April 7 without passing any distracted driving legislation. The House defeated a vaguely worded measure that would have created an offense of distracted driving while using a handheld electronic device — not an outright ban.

Coeur d’Alene decided in April 2010 to hold off on a texting ban, hoping that the state will take action in 2011. That didn’t happen, so safety activist Steve Bell is pushing the City Council to reopen its debate on a local ordinance. Councilmen John Bruning, Mike Kennedy, Ron Edinger reportedly are in favor of revisiting a text messaging ban in Coeur d’Alene. Bruning said in spring 2010: “I’ll wait one more session. “If we’re sitting here talking about this again, and the Legislature has punted again,” then the time has come to enact ordinance.

Two separate bills were filed for the 2011 legislation session that would have banned handheld cell phone use and text messaging while driving, but they were ignored.

The Idaho distracted driving bill put forth by Rep. Marv Hagedorn, R-Meridian, wouldn’t actually ban text messaging or use of handheld cell phones. Violators must exhibit signs of distracted driving before any police stop would be allowed. The offense would be an infraction. “We would fill the courts up with misdemeanors (otherwise),” he told the House Judiciary Committee. Hagedorn is one of the Legislature’s most conservative members.

More Hagedorn: On Feb. 28, he told a House hearing on HB 141: “This (bill) truly is a piece of sausage. I can tell you that AAA is not completely happy, the insurance companies are not completely happy, the sheriffs are not completely happy, I am not completely happy, nor are the local law enforcement folks.”

Sen. Les Bock, D-Boise, says his plan for a handheld cell phone ban (SB 1024) is “a compromise between an outright ban and at least allowing some of the more sophisticated technologies that allow people to use cell phones.” His anti-texting bill, SB 1025, also allows for hands-free operation.

“There’s been a lot of discussion going on as to what a texting bill may look like this session,” Sen. John McGee told the AP on Jan. 25. “I don’t think this (SB 1025) will be the last piece of legislation we see this year.”

Earlier, Sen. McGee, R-Caldwell, said he was “confident that we will pass (a texting ban) next year (2011).” McGee has reworked the language used in 2010′s Senate Bill 1352 to tackle lawmakers’ objections. He had the same hopes last year, however.

2011 distracted driving legislation (dead)
House Bill 141: Would prohibit use of any handheld electronic devices while driving “that causes such person to be distracted or otherwise fail to exercise due care.” Hands-free, voice-activated use allowed. Fine: $75. Amended March 24 to add these new penalties: If property damage or injury occurs, fine could reach $300 with a possible 90 days in jail. Defeated in the House in a 21-48 vote taken March 29. (House Judiciary Committee/Hagedorn)

Senate Bill 1024: Would outlaw use of a handheld cell phone while driving in Idaho. Hands-free OK. Fine: $75. Never advanced. (Bock)

SB 1025: Seeks to prohibit text messaging by all drivers. Hands-free texting OK. Fines: $50 (first offense), then $100. If injury or property damage results from texting while driving, $300 and/or 90 days in jail. Never advanced. (Bock)

2010 legislation (dead)
Senate Bill 1352: Seeks to ban text-messaging activities by drivers, which it terms “inattentive driving.” Fines up to $300 and/or 90 days in jail. Approved by the Senate on March 10 and sent to the House, where it was bypassed March 26 in favor of HB 729 (below). (McGee/Caldwell/Senate Transportation Committee)

House Bill 729: Bans text messaging for all drivers in Idaho. Fines: $40 plus court costs for first offense; after that, $100 plus costs and points against license. Allows prosecutors to subpoena cell phone records for convictions. The House agreed with the Senate’s amendments on the last night of the legislative session. An opponent prevented a final vote by objecting to a routine rules suspension. This effectively killed the texting measure as time ran out. (Kren)

SB 1264: Would outlaw use of handheld cell phones on Idaho’s roads and highways. Provides for use of hands-free devices such as Bluetooth headphones. $75 fine. (Bock)

SB 1259: Would outlaw use of cell phones and text messaging devices in school zones when children are present. Fines of at least $75 for first offenses and $150 thereafter. (Bilyeu)

Distracted driving notes (2010):
Twin Falls’ ban on text messaging while driving went into effect Oct. 1. The 4-2 City Council vote of Aug. 9 establishes a $50 fine for the distracted driving practice. Councilman Greg Lanting led the push for the ban, which will receive primary enforcement. Lanting said of concerns that police would be confused by drivers entering cell phone numbers on keyboards: “Officers have to make judgment calls and courts have to make decisions based on judgment calls all the time, so that’s the approach we’re taking,” said Lanting.

Meridian banned texting and driving with “Kassy’s Law,” in memory of a high school girl who died in late 2009. Took effect Nov. 1, 2010. Fines start at $75 and go up to $300 with possibility of jail time.

Rep. Raul Labrador, R-Eagle, killed efforts to push through the House texting ban on March 30, the final day of the 2010 session. The Idaho Mountain Express described the events like so: The Senate amended the bill earlier in the evening, the House then approved those changes, but Labrador objected to a routine rules suspension that would have allowed an immediate and final vote. A two-thirds majority was needed to override the objection, but that effort fell 10 votes short. Labrador is running for Congress.

Rep. Hagedorn noted in debate over the House’s text-messaging ban: “We are going to have to deal with this from this point on for years. “This is not something that is going to go away.”

Sen. John McGee, chairman of the Transportation Committee, has crafted legislation that would add text messaging to the state’s inattentive driving prohibitions. “We’re adjusting the current law to reflect the year 2010 problem of text messaging while driving,” he told the Idaho Reporter.

For 2010, Sen. Les Bock, D-Boise, brought back his two-pack of bills that would outlaw text messaging for Idaho drivers and restrict cell phone use to units that employ a hands-free device. He believes the bills will have better prospects following the noisy national debate over distracted driving and portable electronic devices. So far, he’s filed SB 1264 (above).

“Public awareness of the dangers of texting while driving has increased exponentially this summer,” Bock said in a state Democratic Party statement on distracted driving. “We now know that the longer we wait to act, the more lives will be lost. … This issue was a bit under the radar when we brought it up last winter. But clearly, the time has come to enact legislation that will help drivers realize that it’s neither safe nor smart to text while driving.”

The press release from the Idaho Democratic Legislative Caucus billed the push as bipartisan and listed a co-sponsor for Bock’s bills as JoAn Wood, the GOP chairman of Idaho’s House Transportation Committee. Past support has come only from the Democratic side of the aisle. Other backers include Assistant Senate Minority Leader Elliot Werk and House Democrats Liz Chavez, Elfreda Higgins and Anne Pasley-Stuart.

Sandpoint’s mayor on Dec. 31 vetoed legislation that would have outlawed text messaging while driving in city limits. An attempt to override the veto failed on Jan. 20, 2010. Earlier, Sandpoint’s City Council rejected a proposed ordinance that would have banned drivers’ use of handheld cell phones and text messaging behind the wheel. The Dec. 16, 2009, vote was 3-3, with the mayor breaking the tie. The plan was revived as a texting-only ordinance, but Mayor Gretchen Hellar wielded her veto power. The mayor did ban use of cell phones by Sandpoint employees driving city cars. (For update, see 2011 distracted driving notes, above.)

Canyon County is using Idaho’s law against “inattentive driving” to crack down on people who text message while driving. The request came from Canyon County Prosecutor John Bujak on Sept. 22, 2010. While Idaho considers putting a texting law on the books, “In the meantime we can take some action,” Bukak told the Idaho Press.

Idaho Falls has debated an ordinance targeting drivers distracted by cell phones and text messaging.

Coeur d’Alene decided in April to hold off on a texting ban, hoping that the state will take action in 2011. (None was taken and the issue is back before the council.)

2009 legislation (failed):
Senate Bill 1030: Would have prohibited the use of cell phones with a hands-free accessory.

SB 1031: Would have banned text messaging while operating a motor vehicle.

No bills regarding cell phone use were submitted for the 2008 legislative session.

Editorials and opinion:
“Being able to stop drivers for texting alone would discourage the practice and save lives, just like DUI laws can keep drunk drivers off the road. Obviously, people will continue to send texts and drive just like some continue to get behind the wheel after too many drinks, but a text ban would give officers an avenue to potentially prevent a tragedy.” — Idaho Press Tribune, Sept. 27, 2009

Nevada: Cell phone laws, legislation

Cell, texting news: Nevada’s new prohibitions against driving while texting and using handheld cell phones are in full effect. Fines are $50 (first offense), then $100 (second) and then $250 (subsequent violations).

Enforcement of the Nevada bans is primary, meaning drivers can be stopped and cited for that reason alone. Cell phone use is allowed only if a hands-free accessory is employed throughout the call. The warning period that began Oct. 1 is over.

Here is the exact wording of the new bans:

• Drivers cannot: “Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read data using any such device to access or search the Internet or to engage in non-voice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.”
• Drivers cannot: “Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory which allows the person to communicate without using his or her hands, other than to activate, deactivate or initiate a feature or function on the device.”

Key provisions:

• First offenses are not considered moving violations.
• Laws do not apply to GPS systems “affixed to the vehicle.”
• Previous infractions do not affect new fines after seven years. Example: A repeat violator would be considered a first offender if seven years have passed since the original conviction.
• Licensed two-way radio use is permissible if the unit is not hand held, except for the microphone.

Nevada was the 34th state to ban texting while driving.

The bill behind the law, SB 140, was approved by Gov. Brian Sandoval, who had made it clear that he would support a statewide ban on text messaging while driving. The Assembly’s final vote came May 30, 2011, and the Senate signed off June 4.

Sen. Shirley Breeden was the bill’s author. Her texting bill of 2010 failed to get out of committee, but, undaunted, she added handheld cell phones to 2011 plan. “We’re going to go for the whole enchilada,” she said as the legislative year began.

The Senate watered down Breeden’s texting & talking ban on April 26, lowering fines to match the Assembly’s version in order to get a distracted driving bill through.

Current prohibitions:

• All drivers are barred from using handheld cell phones.
• Text messaging and related activities prohibited for all drivers.

Distracted driving notes (2012):
The Nevada DOT says there are more than 3,500 distraction-related crashes in the state every year, with more than 60 deaths reported in the past five years. Its advice for avoiding cell phone tickets? “Before driving, secure your cellphone in a place such as the glove box where you will not be able or tempted to access it while driving.”

2011 legislation:
SB 140: Would outlaw text messaging and using handheld cell phones while driving in Nevada. Would prevent cities and counties from creating similar laws. Original bill’s fines: $250 (first offense), then $500, then $1,000 plus license suspension of six months. Fines doubled in highway work zones. Warnings until Jan. 1, 2012. Amended and approved by the Senate Transportation Committee on March 17. Amendments approved by voice vote in Senate on April 22. Amended bill’s fines: $50/$100/$250. No license suspensions. Approved by the Senate in a 12-9 vote on April 26. OK’d by the Assembly in a 24-7 vote on May 30. The Senate’s final approval (a voice vote) came June 4 and the measure was then approved by the governor. A warning period began Oct. 1 and the prohibitions went into full effect Jan. 1, 2012. (Breeden)

AB 151: Would ban text messaging and use of handheld cell phones while driving in Nevada. Fines: $50 (first offense), $100 (second) and $250 (third). If a death or “substantial body harm” results from violation, prison term of 1-6 years with fines of $2,000-$5,000. Would end local traffic regulation of texting and cell phones. Warnings until Dec. 31, 2011. Amended (to add handheld cell phones to original bill’s texting ban) and approved by the Assembly Committee on Transportation in a 12-3 vote on March 29. Latest legislative action: Rereferred to Committee on Ways and Means on April 19. See SB 140, above. (Atkinson)

Senate Bill 76: Seeks to ban text messaging and use of handheld cell phones. Hands-free accessories OK for cell phones. GPS allowed. Also targets Internet use and any “non-verbal” communication. Dead as of April 16. (Public Safety Dept. via Senate Transporation Committee)

SB 145: Would prohibit drivers under the age of 18 from texting and using cell phones. Penalties to be determined by juvenile court, which would be directed to treat violations in school zones more seriously. Dead as of April 16. (Manendo)

AB 173: Would prohibit texting and the use of handheld cell phones by all Nevada drivers. If a death or “substantial body harm” results from violation, prison term of 1-6 years with fines of $2,000-$5,000. Dead as of April 16. (Munford)

2011 distracted driving notes:
In 2010, Sen. Shirley Breeden, D-Henderson saw her no-texting bill die in committee. This year she succeeded in getting a measure through the Legislature — as the new chairman of the Senate Transportation Committee — and onto the law books. SB 140 prohibits drivers from both text messaging and use of handheld cell phones.

“We’re going to go for the whole enchilada in this thing,” Breeden said of the addition of cell phones to the 2011 legislation.

The Assembly Transportation Committee heard arguments pro and con on Senate Bill 140. The Office of Traffic Safety, which supports the bill, told the May 12 hearing that the number of accidents blamed on distracted driving had decreased from 2008 to 2009. Assemblyman Scott Hammond, R-Clark, said he feared that accidents would occur because drivers would be further distracted by trying to hide their phones. The panel also heard from families who lost loved ones to distracted drivers. No action was taken during the hearing.

Senate Minority Leader Mike McGinness of Fallon was the only Republican to vote in favor of Senate Bill 140.

Sen. Mike Schneider, D-Las Vegas, said the lowered fines inserted into SB 140 were necessary to move the distracted driving bill out of committee. (The full Senate later approved the lowered fines.)

Assemblyman Harvey Munford, D-Las Vegas, asked that Assemblymen Kelvin Atkinson amend his AB 151 to add a ban on handheld cell phone use to its texting prohibitions. The change was made in late March 2011, as Atkinson’s bill advanced from the Transportation Committee.

Munford says of his own AB 173, which would ban use of handheld cell phones and text messaging devices while behind the wheel: “This was constituent-driven. I was contacted by one family who lost a loved one and it was proven that the person was using a cell phone,” he told the Reno Gazette-Journal.

The Nevada Department of Public Safety is behind SB 76 (BDR 43-461), which would prohibit texting. In November 2010, the state Transportation Department banned its employees from distracted driving.

Nevada’s No Phone Zone campaign kicked off in November 2010.

Richard and Jenifer Watkins of Las Vegas were among the victims who spoke at the Second Distracted Driving Summit in September 2010. They suffered severe injuries when hit by a cell phoning driver in 2004.

Distracted driving has been cited as the No. 1 cause of fatal traffic accidents in Nevada. At least 63 deaths have been caused by distracted drivers in the past five years, officials say.

2009 legislation (dead):
SB 136: Would prohibit text messaging while driving on Nevada’s roads. OK’d by the full Senate vote on April 8, 2009, but died in committee in the Assembly. The wording was resurrected in the Senate on the final day of the legislative session and folded into an unrelated motorcycle bill, SB 309.

2009 legislation notes:
New state Sen. Shirley Breeden, D-Henderson, authored the 2009 texting bill. “I’m not going to give up the fight,” she said after SB 136 was smothered by an Assembly committee. (Update: Breeden is now the transportation committee chairman.)

The text messaging legislation received strong support from law officers in an Assembly hearing on April 23. The fine would be $75 but no points.

“This legislation is not just for children,” she said. “It is for all of us.” Numerous states are banning texting and cell phoning for teenage drivers, and opposition has emerged to the bills because they do not cover adults. Young drivers complain that they are being singled out. Teenagers, by far, are the largest consumers of text messaging services.

The Nevada Senate’s Energy, Infrastructure and Transportation Committee amended and approved the anti-texting and driving bill SB 136 on March 27, 2009.

Breeden’s bill was first considered in the Senate Energy, Infrastructure and Transportation Committee on Feb. 18. The usual enforcement questions were raised. Committee chairman Sen. Mike Schneider, D-Las Vegas, said: “If California can pass (a texting bill) with 36 or 37 million people over there, somehow their law enforcement is working with this new law, so you know, we need to make the same statement.”

A spokesman for the state Office of Traffic Safety said it may not take a position on Breeden’s plan to outlaw text messaging by drivers, or on similar legislation to prohibit the use of cell phones not connected to hands-free devices.

The 2007 legislative session saw only one bill regarding drivers and cell phones: a plan to ban drivers under 18 from using the wireless devices.

Nevada’s regular legislative session began Feb. 2, 2009, and ended June 1.

Sen. Dennis Nolan, R-Las Vegas, the chairman of the Senate Transportation Committee, said of cell phone driving legislation: “Knowing our Legislature, it will have a tough time. Nevadans are independent and like their liberties.”

In 2003 Nevada prohibited local governments from regulating cell phones in automobiles.

Pennsylvania: Cell phone laws, legislation

Pennsylvania cell phone/texting news: A ban on text messaging while driving has been approved by Gov. Tom Corbett and takes effect in early March.

Under SB 314, text messaging while behind the wheel will be subject to primary enforcement, which allows law officers to stop and cite offenders for that reason alone. Fines: $50.

The governor approved the bill Nov. 9. His signature was a given. “I want that bill passed,” Corbett said in late October. (Read details of new law.)

The House Republican leadership removed from Senate Bill 314 the provision banning handheld cell phone use while driving. The House majority leader says a cell phone law remains a priority for representatives, but time is running out.

Corbett said during his bill-signing event in Harrisburg: “We’ve said it in the past, but today we are making it law: If you have an urgent need to text, you must pull over and park. … No text message is worth a human life. The message of this legislation is drive now and text later.”

The Senate voted Nov. 1 to approve the bill, a day after the House voted in favor of the measure. Sen. Tommy Tomlinson, R-Bucks, was the sponsor of SB 314. Numerous other legislators submitted similar bills and supported Tomlinson’s bill.

Philadelphia, Harrisburg, Wilkes-Barre and Erie have banned cell phone use by drivers unless a hands-free attachment is in use. Allentown’s ban was overturned by a judge. Local distracted driving laws apparently will become unenforceable once the statewide texting ban goes into effect in 2012, meaning handheld cell phone use will be legal throughout the state.

House Bill 9, which strengthens restrictions on junior drivers, was signed into law Oct. 25 by Gov. Corbett. It was nicknamed “Lacey’s Law” after a Philadelphia area teen who was killed in an SUV while driving with six friends. The new law has no distracted driving provisions.

Current prohibitions:

• Text messaging while driving prohibited as of early March 2012.
• No statewide limits on cell phone use. Some local ordinances address cell phones and driving.
• Driving while using a handheld cell phone and text messaging banned in Philadelphia, Harrisburg and several other cities. Bans to expire in early March 2012.

2011 distracted driving legislation:
Senate Bill 314: Would ban use of interactive wireless communications devices while driving. Ban includes texting devices and handheld cell phones. (Note amendment below that removed cell phone element.) Primary enforcement for texting and driving; secondary enforcement for cell phone use (per amendment of June 7). Specifies distribution of ticket revenue and mandates a state education program. Changes video equipment law to prohibit screens showing entertainment content forward of the driver’s back seat as well as visible to the driver. (Note: Original bill sought only to prohibit text messaging while driving. Secondary enforcement. Changes made in Transportation Committee on May 10.) Fine: Up to $100 but doubled for violations in school zones and construction zones. Approved by the full Senate in a 41-8 vote on June 8. Amended in the House to remove cell phone prohibitions (Oct. 19) and approved by the House on Oct. 31 in a 188-7 vote. House amendments approved by the Senate on Nov. 1 in a 45-5 vote. Fine $50. Latest legislative action: Signed by the governor on Nov. 9. Law will take effect 120 days after that.(Tomlinson)

House Bill 8: Would outlaw text messaging by all drivers. Fines: $50 to $100 plus 1 point on driver’s license. Advanced by the House Transportation Committee on May 3. Amended by the House on May 11 to include a ban on handheld cell phone use by drivers. (Watson)

HB 896: Would add an additional $50 fine to violators of the state’s existing careless driving law if they were distracted by handheld electronics, eating, grooming, reading, a vehicle’s radio, etc. Secondary enforcement. Conviction for a related offense such as crossing lanes required. Approved by the House Transportation Committee on May 3 and then by the full House in a 184-12 vote on May 10. (Ross)

HB 146: Would ban use of handheld interactive communications devices by drivers passing through highway work zones. Fine: $100. Moving violation occurs if accident results or previous violation occurred in past year. (Kortz)

HB 189: Would ban text messaging by all drivers in Pennsylvania. Fine: Up to $100. (DePasquale)

HB 330: Would ban use of interactive wireless communications devices while driving. Ban includes texting devices and handheld cell phones (hands-free OK.) Also, for drivers with learner’s or junior licenses, the bill would prohibit use of all interactive wireless communications devices. Fines: $50 but $100 in school zones and construction zones. Specifies distribution of ticket revenue and mandates a state education program. Similar to SB 749. (Shapiro)

HB 580: Would prohibit drivers from using handheld wireless communications devices. Hands-free operation OK. Would outlaw use of wireless communications devices such as cell phones by drivers with a learner’s permit or junior license. Also calls for a ban on use of video screens such as TVs that are visible to drivers. $50 fine, doubled in school zones or work zones. Also calls for accident reports to note use of wireless communications devices. Directs DMV to prepare annual report on accidents linked to use of electronic devices. (Markosek)

Senate Bill 518: Would bar drivers from using handheld wireless devices to make phone calls or text-message. Hands-free operation OK. Fine: Up to $100. (Ferlo)

SB 635: Seeks to prohibit use of wireless communications devices such as cell phones by drivers with a learner’s permit or junior license. Also calls for a ban on use of video screens such as TVs that are visible to drivers. Would require state accident reports to note any wireless communications devices. Would require a statewide annual report on accidents linked to use of electronic devices. Secondary enforcement. Fine: $100. “First consideration” in Senate on May 10. (Wozniak)

SB 749: Would ban use of handheld cell phones and text messaging for all drivers. Hands-free mode OK. Drivers over age 18 would be barred from use of all interactive wireless communication device. Calls for distracted driving education programs and an annual report on wireless communications devices linked to accidents. Primary enforcement. Fines: $50, doubled if use is in a school or highway work zone. Similar to HB 330. (Dinniman)

2011 distracted driving notes:
Gov. Corbett singled out state Sens. John Rafferty, R-Chester and Tommy Tomlinson, R-Bucks, for their leadership on the texting issue. He also thanked Rep. Richard Geist, R-Blair, and Rep. Kathy Watson, R-Bucks.

The House majority leader said Nov. 1 that the issue of banning handheld cell phone phones remains alive in that chamber, despite the Republican leadership’s removal of the provision in the successful Senate Bill 314.

State Sen. John Eichelberger, R-Bedford County, voted against SB 314, noting that drivers still would be allow to enter phone numbers and type in names while making a phone call. Texting violators could simply tell police they were making a call.

Sen. Jim Ferlo, D-Highland Park, offered the successful amendment to SB 314 that specified only illegal “voice communications” while driving would be left to secondary enforcement, ruling out traffic stops for that reason alone. That means texting would be subject to primary (full) enforcement.

Allentown’s law against the use of handheld cell phones while driving has been thrown out by a county judge who ruled that the ordinance pre-empted state law (or lack of law). The ruling came May 6, 2011. A month later, the city decided not to fight the ruling, saying “it would be too costly with no guarantee that we would prevail.”

Traffic fatalities in Pennsylvania were up in 2010, while national traffic deaths declined.

Rep. Josh Shapiro, D-Montgomery, proposed the amendment to the texting bill HB 8 that includes a ban on handheld cell phones while driving in Alabama. The May 11 vote for the add-on was 151-39. “I am pleased with the bipartisan support my amendment received in the House,” Shapiro said. “This is an issue of paramount public safety and importance and is long overdue.”

Rep. Kathy Watson saw her texting-and-driving ban OK’d by the House Transportation Committee on May 3. Watson, R-Buck, says “sadly for many representatives it now has come home to them. They understand because they’ve had this kind of tragedy in their own legislative districts.” She’s also not a fan of the $50 additional fine to fund safety education. She explains in the video below: (text continues)

The House Transportation Committee also approved the distracted driving measure HB 896 on May 3. Committee chairman Rick Geist, R-Altoona, supported the measure, which would fine drivers an extra $50 if distractions caused them to violate traffic laws. The money would be used for education about the risks of distracted driving. Critics say the bill is a half-measure with only secondary enforcement.

Rep. Eugene DePasquale (HB 189) says HB 896 should require primary enforcement of distracted driving offenses. Sponsor Chris Ross, R-Chester County, defended his careless driving bill, saying the debate over primary vs. secondary enforcement was a waste of time: “People’s behavior doesn’t change merely because we pass a law up here. It changes because you first say, this is wrong. We’re making it illegal.”

PennDOT called HB 896 “a step forward” but said in written testimony that primary enforcement would have “a more significant impact on saving lives.” State police submitted similar comments on the bill.

“The Pennsylvania Legislature’s unwillingness to act against distracted driving is sadly reminiscent of the (governmental) foot-dragging regarding (the dangers of) tobacco,” the Scranton Times Tribune editorialized after the House Transportation Committee failed to vote on (the “half-measure” HB 896). “Lawmakers should stop needlessly complicating the issue and act in the interest of public safety. They should outlaw cellphone use by drivers, create meaningful fines as a deterrent, and make it a primary offense enabling police to prevent, rather than only react to tragedies.”

Pennsylvania bucked the national trend toward fewer vehicular deaths last year, with fatalities increasing about 5.5 percent. In human terms, 68 more people died than in 2009. The National Highway Traffic Safety Administration’s preliminary numbers for 2010 show a national decrease of about 3 percent.

In Pennsylvania, there were 57 deaths in accidents linked to teenage drivers, compared with 40 in 2009. The contrast “underscores our determination to strengthen highway safety laws in Pennsylvania, which continues to lag many of its neighboring states,” said Rick Remington of AAA Philadelphia. Neighboring Delaware, which has a full complement of distracted driving laws, saw a 14 percent drop in traffic fatalities in 2010, its Office of Highway Safety reported.

Rep. Josh Shapiro is back once again in 2011 with distracted driving legislation. “This is an issue I will not let die,” he said. Shapiro says his plan to ban texting and handheld cell phone use combines elements of last year’s HB 67 and HB 2070.

The sponsor of those 2010 bills also returns the fray. Rep. Joseph Markosek seeks to require hands-free attachments for adult drivers using a cell phone. He also proposes to restrict teen drivers from all use of interactive wireless communication device (no cell phones, texting).

A Lancaster City Council member sought to create a local ordinance because of the failure of state-level distracted driving legislation in 2010. Councilman Todd Smith’s plan ran up against the city solicitor, who deemed such a law “unenforceable.” “I really think it needs to be addressed,” said Smith, in his first year on the council. “I just didn’t know it was going to be this difficult.”

Harrisburg has been frustrated in trying to post signs advising motorists of its handheld cell phone ban, enacted last year. PennDOT refuses to allow signs on a state road without a state law.

Senate Majority Leader Dominic Pileggi, R-Chester, says the chairman of the Transportation Committee (Sen. John Rafferty) intends to advance a distracted driving bill this session.

Rep. Josh Shapiro says he has about 50 co-sponsors for HB 330, his 2011 distracted driving legislation: “This is not a partisan issue,” Shapiro, D-Montgomery, told the Daily Times. This is an issue that I think will bring people together and it needs to get done for the good of Pennsylvanians.” The General Assembly is controlled by the GOP.

One possible hitch: Longtime distracted driving advocate Rep. Shapiro, D-Montgomery, could be leaving the House this year since he is running for a county post.

The group Advocates for Highway and Auto Safety says Pennsylvania has fallen “dangerously behind” in adopting traffic safety laws such as bans on handheld cell phones. The state received the worst possible grade from the safety advocates.

The York DIspatch editorialized that state legislators should at least focus on enacting limits on teenage drivers: “There’s absolutely no reason we should tolerate them chatting on their cell phones — or pecking away, head down, at a text message — when they need every ounce of their attention to keep themselves and everyone else on the roads safe.”

The township of Bensalem has outlawed text messaging and cell phoning while driving, unless a hands-free accessory is employed. Fines: $150-$300. Included is the Bensalem area of I-95 north of Philadelphia (interchanges with Route 132). The city safety manager says ignorance of the new law means a ticket.

The Edinboro Borough Council on March 14 took up the issue of whether to ban use of handheld cell phones and text messaging by drivers in its borders. “It is out of control,” said the sponsoring councilman, Michael Amidon.

Wilkes-Barre apparently has yet to write a single ticket under its year-old ban against driving while using handheld cell phones and/or text messaging. City councilwoman Kathy Kane, who pushed through the ordinance, said, “I can’t get any answers (from police) on that. … I don’t think we’ve cited anybody.” The law went into effect April 18, 2010, with primary enforcement and $75 fines.

Neighboring states Delaware, New Jersey, New York and Maine have all adopted distracted driving laws.

Key legislation (2010):
HB 67: Would prohibit drivers with provisional licenses from cell phoning or text messaging. Fine of $100. HB 67 is part of a wider teen safety measure that was approved by House on April 27, 2009, and sent to the Senate, which passed a watered-down version. In 2010, it cleared the Senate appropriations committee March 22. An overall distracted driving prohibition was removed from the bill. Amended in the Senate on May 24 to downgrade cell phone and text messaging enforcement to “secondary.” Approved by the Senate on May 24 in a 44-3 vote. The House rejected the Senate’s amendments on July 1, with 71 representatives in favor of those changes but 126 opposed. Latest action: This bill died after failing to advance in the extended session. (Markosek)

HB 2070: Would prohibit all drivers from use of handheld cell phones and text messaging while on Pennsylvania roads. Cell phone use OK if a hands-free accessory is employed. In addition, would outlaw use of handheld cell phones by drivers under 18. Primary enforcement. Fines of $50, doubled in school and construction zones. Approved by the House Transportation Committee on Nov. 10, 2009, and then by the full Pennsylvania House on Jan. 26, 2010. Died in the Senate Transportation Committee midsummer. (Markosek)

Senate Bill 1188: Would outlaw drivers’ use of handheld cell phones and texting devices. Also seeks to ban all wireless communication device use by drivers under 18. Fines of $50, doubled in school and construction zones. Bill never advanced. (Williams)

List of other 2009-2010 legislation below.

2010 legislation notes:
In 2010, time ran out on HB 67 as lawmakers left for breaks in November and December.

The General Assembly returned for its fall session the week of Sept. 21. “Many in both the Senate and House have already given up on teen driving reform for this year,” the Mercury noted with dismay. “Too much on their plates, too little time.” This proved to be the case as the legislation died.

Legislative backers of House Bill 67 told a Sept. 20 news conference that “the potential is clearly there to get this done.” Hosting the state Capital gathering were Reps. Joseph F. Markosek (sponsor of HB 67), Josh Shapiro and Eugene DePasquale. “It is important that we continue our negotiations and that legislators from both parties and chambers continue to step up and demonstrate the importance of this issue,” Shapiro said.

Markosek, D-Allegheny, said a few days earler: “It’s certainly not a dead issue. We are working on potential compromise language so we can get something passed this fall.”

The governor has indicated he would sign the bill if it survives the legislative process (it did not).

Newly re-elected state Rep. Will Tallman laid out his views on distracted driving during the campaign. Tallman, R-Reading Township, voted in favor of HB 67, the bill that would restrict teen drivers from cell phone use (below). He said he would vote for a ban on texting for all drivers, with primary enforcement. As for cell phones, the representative said only that he would favor increased penalties for drivers who cause an accident while engaged in a call.

Rep. Ron Miller says the General Assembly should pass a ban on handheld cell phone use by all drivers. Any distracted driving legislation passed in 2010 should be limited to secondary enforcement, he says. Miller, R-Jacobus, also supports boosting fines for traffic offenses if distracted driving is involved. Miller easily won re-election in November 2010.

Rep. Josh Shapiro, D-Montgomery, has said “there will be bloodshed on Pennsylvania highways continuing” if the Senate version of the teen driving bill wins out, or HB 67 fails.

HB 67 sponsor Rep. Joe Markosek was angered by the Senate amendments to the cell phone and texting bans for young drivers. He said July 1 that the Senate has “watered this bill down to where, unfortunately, I don’t think it’s worth us having it pass and become the law of the land.”

“My legislation would allow law enforcement to be proactive and stop these drivers before an accident occurs,” Markosek told the Pottstown Mercury on May 25. “Unfortunately, the Senate saw fit to amend it so nothing can be done until after the fact.”

Sen. John C. Rafferty Jr., chairman of the Senate Transportation Committee, opposed the amendments to HB 67 but voted for the bill in hopes that the House would remove the secondary enforcement limitations. He blamed “colleagues from southeastern Pennsylvania” for voting for the amendment.

The York Dispatch editorialized that the state Senate’s move was an “unforgivable dismantling of a House bill intended to protect young drivers and those who share the road with them.” The paper pointed to Sen. John Wozniak, D-Johnstown, originator of the amendment. The Senate “ought to be ashamed of itself,” the Dispatch concluded.

Rep. Markosek and Rep. Josh Shapiro are the principals behind HB 2070, which passed the full House on Jan. 26. In addition to the ban on handheld devices and the total restriction on wireless communications devices by younger drivers, it calls for a statewide education campaign on distracted driving and an annual report on accidents caused by text messaging and cell phoning while behind the wheel.

“This legislation is proof that the Legislature does listen to the public outcry,” Markosek said after the House voted 189-6 in favor of his bill. He added: “We are all one text from eternity.”

Markosek said April 13 that he expected passage of HBs 2070 and 67 “very soon.”

The Philadelphia Inquirer editorialized in favor of HB 67 on Jan. 3, 2010: “While Harrisburg considers whether a cell phone ban or a passenger restriction is fair to kids, our teens are dying on the roads in predictable, preventable patterns.”

Rep. Markosek is the head of the House Transportation Committee, who in 2008 spearheaded HB 67 and an overall distracted-driving bill. He said HB 2070 was a compromise, put together by a study panel.

Wilkes-Barre moved aggressively to enact a city ban on drivers’ handheld cell phone use and text messaging. The law went into effect April 18, 2010, with $75 fines. Texting and cell phoning while driving are now primary offenses.

Allentown’s ban on driving while using handheld cell phones was approved March 3. Fines of $150 to $300. Enforcement is set for April 19. Primary enforcement. Includes skateboarders, inline skaters and bicyclists. The law was inspired by a fatal crash, blamed on a cell-phoning teen, in which two parents died and their daughter almost lost her life.

Philadelphia police say they’ve stopped an average of 50 drivers a day for violating the city’s texting while driving law. Almost 2,500 citations were handed out in December 2009 and January 2010, the Philadelphia Inquirer reported.

The City of Harrisburg has taken action on distracted driving, with a ban on use of interactive wireless communication devices that went into effect March 1. $100 fine (first offense), then up to $1,000.

2009-2010 session legislation
HB 1375: Would prohibit use of wireless communication devices while driving on Pennsylvania roads and highways. (DePasquale)

SB 143: Would outlaw texting while driving in Pennslvania. Covers sending, reading or writing text messages. Approved by the Senate in a 44-3 vote and sent to the House on July 9, 2009. Makes texting a secondary offense with a maximum $100 fine.

SB 950: Would prohibit text messaging by all drivers in Pennsylvania.

HB 538: Would prohibit handheld cell phone use by drivers (hands-free device OK) and text messaging while driving. Would outlaw use of “wireless interactive devices” by drivers with restricted licenses.

HB 307: Would prohibit use of cellular phones by school bus drivers.

HB 502: Would create an offense for distracted driving. Includes electronic devices, cell phones, grooming aides, books.

HB 305: Would prohibit text messaging while operating a motor vehicle in Pennsylvania.

SB 459: Would outlaw use of handheld cell phones and other wireless devices while operating motor vehicles. Hands-free OK.

Previous legislation notes:
An amendment to HB 67 that would have made banned use of handheld phones for all drivers was narrowly defeated in the Pennsylvania House on April 23. HB 67 would prohibit drivers with provisional licenses from cell phoning or text messaging while imposing other limits on teenage drivers.

The Philadelphia Inquirer pointed out July 31 that the Pennsylvania Senate plan to outlaw texting “would make Philadelphia’s roads less safe by upending the city’s ban on handheld phones and texting.” Senate Bill 143 makes texting a secondary offense, meaning law officers would not pull over motorists for that reason alone.

The cell phone amendment was offered by Rep. Josh Shapiro, D-Abington Township, author of HB 538 and previous cell phone-driving bills. The House did add a distracted driving amendment to HB 67.

Rep. Shapiro rounded up 73 co-sponsors for his third try on a cell phone bill HB 538 that would prohibit driving and talking without the use of a hands-free device.

On Shapiro’s first try at restricting cell phone use by Pennsylvania drivers, in 2005-006, the bill had 31 co-sponsors. In 2007-08, it had 46 co-sponsors.

Shapiro, interviewed on the cell phone legislation by the Morning Call, said: “As the seatbelt law demonstrated, a law on the books is the best deterrent to a dangerous behavior. The goal of my legislation is not to be punitive, but to end this dangerous behavior.”

Crash survivor Jacy Good has been lobbying for the cell phone driving legislation (HB 538). She lost both parents in the wreck, caused by a teenage driver on a cell phone. “I will not stop until this bill becomes law,” Good told a news conference March 11. She received a shattered pelvis and a brain injury in the cell phone-related crash.

Rep. Kate Harper, R-61st District, fears her HB 67 won’t survive its trip through the Pennsylvania General Assembly: “Too many of the members like their electronic gadgets,” Harper told The Reporter. “The thinking is, ‘If we ban teens from using certain devices when they drive, maybe we’ll ban other people from using them.’”

Rep. Eugene DePasquale, D-York, is an advocate for cell phone and text messaging legislation in Pennsylvania. “I do believe we’re going to make some progress on driver safety (in the 2009 session),” DePasquale told the Evening Sun.

Both Shapiro and DePasquale introduced similar bills in 2008.

Rep. Markosek in 2008 sponsored HB 2674 seeking restrictions on teen drivers, including a ban on text messaging.

Confusion reigned in fall 2007 as an email and forum post circulated that said HB 1827 had been enacted. Apparently the poster was confused by language in the bill, which remains in the transportation committee.

Shifting sentiment: “Efforts to outlaw hand-held cell phones in Pennsylvania have failed for years, but it appears the tide is turning, now that Democrats control the House,” Paul Carpenter of the Morning Call wrote.

The former opponent of cell phone limits on drivers now says: “I could not help but notice the increasingly atrocious driving associated with cell phones. … If a driver is smoking and holding a cell phone at the same time, I’d rather have Stevie Wonder at the wheel.”

City and country ordinances (pre-2010):
The Erie City Council unanimously approved a local law that bans texting and the use of handheld cell phones by drivers and bicycle riders. The Dec. 3, 2009, vote called for secondary enforcement, meaning police will need another reason to pull over drivers who are cell-phoning. Fines would be $150 to $300 ($75 if paid in 10 days).

Millcreek Township voted Dec 1, 2009, to endorse statewide action on handheld cell phones and text messaging devices, at the request of state legislators.

Philadephia’s new prohibitions on handheld cell phones extend to bicyclists, motorcyclists, skaters and skateboarders. Fines for operating a vehicle while using handheld phones or text messaging begin at $150 ($75 if paid in 10 days) and top out at $300. Mayor Mike Nutter signed off on the law on April 30, 2009, despite threats from state legislators. The law went into effect Nov. 1.

City Councilman Bill Green, the Philadelphia ban’s author, says that “lobbyists for the cell-phone industry are pushing Pennsylvania’s General Assembly to undo these protections.”

Lower Chichester has banned texting while driving. The community already restricts the use of handheld cell phones by motorists. “Text messaging now supersedes drugs and alcohol for causing the most accidents in the United States,” said township Commissioners President Rocco Gaspari Jr. “Something needs to be done and I won’t wait for someone in Harrisburg to get off their butt to tell everyone across the commonwealth that text messaging is dangerous.” Prohibitions include gaming and Internet surfing. Fines will be $75 plus court costs. The vote came on Aug. 17, 2009.

Hazelton is considering a ban on using handheld cell phones while driving. Includes text messaging. The fine would be $75. The legislation was tabled on April 7, 2009, and may be amended to a ban on texting only.

The Bethlehem City Council also is pondering a ban on cell phone use by drivers unless a hands-free device is employed. Fines would be $150 to $300.

Carbondale outlawed handheld cell phone use and texting by drivers in 2007.

2008 legislative session:
HB 1827: Would have prohibited drivers from using cell phones unless a hands-free device is engaged.

HB 2674: Would have prohibited drivers with permits and “junior” licenses from using “an interactive wireless communications device,” including cell phones and text-messaging devices. The bill unanimously passed the House Transportation Committee on Sept. 16, 2008.

SB 1097: Would have prohibited drivers from using cell phones unless a hands-free device is engaged. Also applies to text messaging devices. (SB 471 identical)

SB 1098: Would have prohibited use of cell phones and other communication devices by drivers under the age of 18.

SB 677: Would have prohibited school bus drivers from using cell phones while transporting children. Includes stops for children to board or exit the bus.

For 2007, state police reported 1,245 crashes related to cell phone use by motorists.

Mississippi: Cell phone laws, legislation

Cell phone/texting news: The full Senate approved a 2011 plan to prohibit text messaging by all drivers in Mississippi, but the House didn’t agree. Senate Bill 2793 died in committee in the House on March 8.

The school bus safety bill dubbed “Nathan’s Law” has been signed into law by the governor. One of its provisions bans school bus drivers from using handheld communications devices while transporting a minor. The Senate’s approved SB 2472 prohibited the use of cell phones while driving through school zones, but that was contested by the House, as in 2010. The final version out of a conference committee removed the school zone element.

Almost 20 bills were filed for the 2011 legislative session concerning drivers’ use of cell phones and text messaging. All but one “died in committee.” Critics call the House Judiciary Committee (A&B) a “graveyard” for distracted driving bills.

Current prohibitions:

• Text messaging prohibited for drivers with an intermediate license, a temporary learning permit or a temporary driving permit. Fines up to $500; if accident results, $1,000.

2011 distracted driving legislation:
SB 2472: “Nathan’s Law,” part of a broader bill that seeks to improve school bus safety. Would prohibit the use of handheld electronic devices while driving on school property when school is in session. Directs schools to post signs warning of ban. Passenger bus drivers would be barred from using a wireless communications device if a minor is on board. Fines: Up to $500 or $1,000 if an accident results. (See HB 551, below.) Approved by the Senate in a unanimous vote taken Jan. 14. Approved by the House on March 1. Sent to conference committee, which removed the Senate’s provision that drivers not use cell phones in school zones. The House and Senate gave final approval on March 28. Latest action: Signed by the governor on April 4. (McDaniel)

View 2011′s inactive (dead) legislation.

Distracted driving notes (2011):
Only two lawmakers voted against the anti-texting plan SB 2793: Sens. Merle Flowers, R-Southaven, and Chris McDaniel, R-Ellisville. The measure was approved by the full Senate and transmitted to the House. “This bill is not a cell phone bill, but I feel like we must start somewhere,” said Sen. Billy Hudson, R-Hattiesburg, who saw his SB 2114 defeated in committee. The bill died in the House, anyway.

The name “Nathan’s Law” could lead to confusion in 2011. Nathan was a 5-year-old killed by a driver who failed to stop for a school bus. The family-backed legislation, SB 2472, restricts use of wireless communications devices on school property and by bus drivers. Rep. Ed Blackmon, D-Canton, has filed HB 551, which uses Nathan’s name but seeks only to regulate wireless communications device by bus drivers. Both bills address broader issues concerning school safety.

SB 2472 sponsor Sen. Chris McDaniel, R-Ellisville, calls Blackmon’s legislation “a so-called and unexpected version of Nathan’s Law” that weakens existing safety laws. The two bills essentially renew the Senate and House dispute of last year, which centered on the handheld device provisions. Read more about the Nathan’s Law controversy. (See 2010′s SB 2505, below.)

Mississippi leads the nation in number of teenage driving fatalities, one study shows.

Senate Bill 2793: Would outlaw text messaging by all drivers in Mississippi. Fines: up to $500 and $1,000 if an accident results. Latest action: Approved by the full Senate in a near-unanimous vote on Feb. 3 and sent to the House. Died in committee in the House on March 8. (Butler)

House Bill 551: Passenger bus drivers would be barred from using a wireless communications device if a minor is on board. Fines: Up to $500 or up to $1,000 if an accident results. Part of a broader bill addressing school bus safety. Also billed by sponsor as “Nathan’s Law.” Latest action: Approved by the House in a unanimous vote on Jan. 12. Assigned to Senate Judiciary panel, where the bill died on March 1. (Blackmon)

House Bill 52: Would outlaw text messaging and use of Internet while driving. Fines: Up to $100, $500 if accident occurs. Died in committee Feb. 1. (Broomfield)

HB 125: Would ban use of handheld cell phones while driving. Hands-free OK. Died in committee Feb. 1. (Mayo)

HB 324: An act that would restrict “regulation of inattentive driving and cellular phone usage” to the state. All existing local distracted driving laws would be nullified. The state apparently would have the option of approving local laws. Died in committee Feb. 1. (Denny)

HB 684: Would make use of handheld cell phones illegal while driving. Hands-free devices OK. Fine of $150 for first offense then $300 (if within three years of first offense), then $500 and possibility of jail time and community service. Latest action: Died in committee Feb. 1. (Clarke)

HB 685: Seeks to prohibit drivers from text messaging and otherwise using the Internet. Fines: Up to $500, $1,000 if an accident results. Died in committee Feb. 1. (Clarke)

HB 840: Would have applied text messaging ban to all drivers. Fine: $25. Died in committee Feb. 1.

HB 1191: Would have upped reckless driving penalties if a wireless communications device was the cause. Fines: $100/$750/$1,500 plus possibility of jail time on third and subsequent offenses. Died in committee Feb. 1. (McGee)

HB 1213: Sought to outlaw drivers’ use of cell phones unless a hands-free attachment were employed. FInes: $150 (first) then $300 and $500. Possibility of jail time and community service on third and subsequent offenses. Died in committee Feb. 1. (Espy)

HB 1226: Would have prohibited text messaging and related Internet activity by drivers. Unusual provision would have made enforcement secondary for first year and a half and then primary. Fines $100 or $500 if accident results. Died in committee Feb. 1. (Banks)

HB 1228: Would have outlawed use of handheld cell phones by drivers. Enforcement secondary for first year and a half and then primary. Fines $100 or $500 if accident results. Died in committee Feb. 1. (Banks)

HB 1229: Would have outlawed cell phoning and text messaging unless operation is hands-free. Enforcement secondary for 18 months and then primary. Fines $100 or $500 if accident results. Died in committee Feb. 1. (Banks)

HB 1316: Would have prohibited text messaging while driving. Fines $100 or $500 if accident results. Died in committee Feb. 1. (Evans)

SB 2033: Would bar drivers from text messaging on Mississippi roads and highways. Teen drivers under the age of 18 would be prohibited from using cell phones. Fines: Up to $500, $1,000 if an accident results. Died in committee Feb. 1. (Tollison)

SB 2114: Seeks to ban drivers’ use of handheld cell phones and texting. Hands-free cell phones OK. Teen drivers under the age of 18 would be barred from using all cell phones. Fines: Up to $100, $500 if accident occurs. Died in committee Feb. 1. (Hudson)

SB 2165: Would have banned text messaging by all motorists (see SB 2793, above). Fines: $500 or $1,000 if an accident results. Died in committee Feb. 1. (Butler)

SB 2648: Sought to ban text messaging by all drivers. Fines: $500 or $1,000 if an accident results. Died in committee Feb. 1. (Gollott)

2010 distracted driving notes:
State Sen. Kelvin Butler said that when the Legislature returns in January 2011, he’ll again propose a bill seeking to outlaw text messaging while driving in Mississippi. He was the driving force behind the state’s current law against texting while driving with a restricted license (below).

Butler, D-Magnolia, says he’s “currently soliciting the support of my Senate and House colleagues so we can unanimously adopt this (new text messaging) law.” The state senator said the plan will “give law enforcement the legal tools needed to ticket violators.” He’s also seeking input from the telecommunications industry.

Senate Judiciary Committee chief Gray Tollison, D-Oxford, supports a ban on all text messaging while driving. The Department of Public Safety will ask for broader restrictions as well.

A few legislators have expressed concerns about giving police new reasons to pull over motorists, given Mississippi’s past problems with racial profiling. SImilar fears have been voiced occasionally in other states.

Nathan’s Law was introduced by Sen. Chris McDaniel, R-Ellisville. After the House rejected his distracted-driving provisions on March 2, McDaniel held a news conference with supporters urging the bans be reinstated. Many of the supporters were wearing T-shirts of Nathan Key, the boy named in the bill who was killed while leaving a school bus. House committee chairman Ed Blackmon, D-Canton, said it would be too difficult for cell-phoning drivers to know that they were in a school zone. The bill died March 27.

Nathan’s Law stalemate: “There is absolutely no way we will agree with this watered down version,” Sen. Chris McDaniel, R-Ellisville, said March 24 as hopes for a compromise bill faded. He said Blackmon’s version in the House is “weaker than our current law” and seeks to remove jail terms from its penalties.

2010 session legislation (all dead):
Senate Bill 2505: “Nathan’s Law” seeks to increase school bus safety. As approved by the Senate, included a ban on handheld cell phone use by those driving through in a school crossing zone as well as a ban on school bus drivers’ use of wireless communications devices. These two distracted-driving elements were removed in the House Judiciary A Committee before the bill’s approval by the full House on March 2. A compromise committee began work on the bill March 18, with senators arguing for the hands-free cell phone element. Died in conference March 27. (McDaniel)

SB 2595: Would outlaw text messaging for all drivers using Mississippi roads and highways. Drivers under the age of 18 would be banned from any cell phone use. Fines up to $500; up to $1,000 if accident results. Approved by Senate Judiciary Committee on Feb. 2 and then by the full Senate on Feb. 12. Sent to the House Transportation Committee. “Died in committee.” (Tollison)

House Bill 973: Would ban text messaging while operating a vehicle. Drivers must use hands-free devices in order to use a cell phone. Fines up to $100/$500 if an accident results. Approved by the House Transportation Committee on Feb. 2, 2010. Died in committee Feb. 11. (Broomfield)

SB 2107: Would prohibit text messaging and use of handheld cell phones while driving on state roads and highways. Drivers under the age of 18 would be prohibited from all cell phone use, regardless of whether a hands-free accessory was employed. Fines up to $500 or $1,000 if an accident results from the violation. Also requires law officers to note cell phone use or texting while writing accident reports. Died in committee Feb. 2. (Hudson)

SB 2114: Same as SB 2107 (above). Dead as of Feb. 2. (Yancey)

SB 3051: Would have prohibited text messaging by all drivers. Handheld cell phone use by drivers over 18. All cell phone use by drivers under 18. Fines from $100 to $500, $1,000 if accident results. Dead as of Feb. 2. (Gollott)

2009 session legislation:
SB 2280 (signed into law): Will prohibit text messaging for drivers with learner’s permits or intermediate licenses. OK’d by House and Senate and signed by the governor on April 6. (Texting provisions are in an amendment.)

Violators of the text messaging law for inexperienced drivers will be fined up to $500 for each infraction and up to $1,000 if an accident occurs in connection with the texting.

Gov. Haley Barbour on why he signed the teen text messaging legislation: “Having an inexperienced driver take his or her attention from the road to send a text message is just an accident waiting to happen. Frankly, no one, regardless of their age or experience, should be texting and driving.”

Mississippi rates worst in the percentage of teenage driving fatalities, with a rate of 35 deaths per 100,000 population over the past decade, the National Highway Traffic Safety Administration reports.

SB 2280 almost died in the Senate, losing by one vote on March 24, but it then was reconsidered and approved the next day.

SB 2332: Would have prohibited text messaging and use of handheld cell phones while driving. (Also SB 2060.) Died in committee Feb. 3, 2009.

SB 3020: Would have banned text messaging while driving. Died in committee Feb. 3, 2009.

HB 672: Would have prohibited text messaging and use of handheld cell phones while driving. Died in committee Feb. 3, 2009.

SB 2097: Would have outlawed use of wireless communications devices by drivers with provisional licenses as well as motorcyclists under the age of 19. Died in committee Feb. 3, 2009.

Cell phone legislation notes (2009 and before):
The Senate’s proposed ban on texting by young drivers survived a House vote seeking to remove it from SB 2280 on March 10, 2009. The text messaging bill survived another close Senate vote later in the month, but was approved. Sen. Kelvin Butler, D-Magnolia, is the sponsor of SB 2280.

Violators of the texting ban proposed by SB 2280 could be fined up to $500 for each infraction and up to $1,000 if the young driver is involved in an accident while texting.

Senate backers of the teen-texting bill said there was not enough support for a full ban on text messaging by all drivers, but one is possible next year.

State Senate Pro Tempore Billy Hewes, R-Gulfport, stumped for the text messaging amendment to SB 2280: “This legislation is a good first step. It is our role as leaders to step in where there is an absence of policy. … Texting while driving is just too dangerous for anyone at any age.” The state Department of Public Safety backs the texting-while-driving bill, as does the cell phone carrier Cellular South.

SB 2105, which died in committee in 2008, would have prohibited use of wireless devices by drivers with temporary permits or intermediate licenses. And banned use of wireless devices by motorcycle operators under the age of 18.

A bill to prohibit use of cell phones by drivers with a learner permit or intermediate license died in committee in 2007 (HB 217)

Utah: Cell phone laws, legislation

Cell phone/texting news: Utah legislators have advanced a bill that seeks to prohibit use of cell phones by drivers under the age of 18. Sen. Ross Romero’s SB 128 was approved, narrowly, by the Senate Transportation Committee on Jan. 27. The plan goes to the full Senate for the third straight year.

In 2010 and 2011, bills that would have outlawed use of all cell phones by drivers under age 18 were approved by the Utah Senate but died in the House.

Utah’s text-messaging law went into effect in 2009, but various attempts to ban driving while using a handheld cell phone have been ignored or defeated.

Current prohibitions

• Text messaging outlawed for all drivers.
• Utah has a law on the books against “careless driving” — which can be defined as committing a moving violation while distracted by use of a hand-held cellphone or similar activities. Using a cell phone can bring additional penalties as a secondary violation.

Distracted driving legislation (2012):
Senate Bill 128: Would prohibit use of cell phones by drivers under the age of 18. Exception made for communicating with parents. Fine: $50, no points. Approved by the Senate Transportation Committee in a 3-2 vote on Jan. 27. (Romero)

Distracted driving notes (2012):
Sen. Ross Romero, D-Salt Lake City, says his SB 128 was inspired by a group of teens who lobbied for a previous attempt to ban handheld cell phone use by Utah drivers. His bill, which applies only to drivers under the age of 18, would have no effect on the violator’s DMV record. “I’ve heard from several parents who really like the idea — that it would be against the law and yet the penalties would be relatively small,” Romero told the Deseret News in late January.

Sen. Stuart Adams, R-Layton, was one of two members of the Transportation Committee to vote against Sen. Romero’s SB 128. He cited the familiar list of other distracted behaviors, such as “eating lunch” and grooming. “I’m not sure we can regulate inappropriate behavior,” Adams said. “I just don’t know how microscopic we should be.” The bill advanced to the full Senate, regardless.

84 percent of Utah adults support the prohibition of cell phone use for drivers under 18, preliminary numbers from a Utah Department of Health survey indicate. A cell phone ban for all drivers registered the support of 70 percent, the Deseret News reported in late January.

2011 legislation (dead):
HB 95 second substitute: Amends careless driving law to include new violation of operation of a vehicle while impaired by fatigue or illness. First HB 95 substitute created by House Rules Committee cleaned up language in the original HB 95. Sent to the House Law Enforcement and Criminal Justice Committee on Feb. 17, which rejected the bill as it was and days later created the second substitute (that removed a section related to seat belts). Bill (second sub) approved by the House on March 1 and transmitted to the Senate, where it was defeated in a 9-19 vote on March 10. (Perry)

SB 45: Would prohibit use of cell phones by drivers under the age of 18. Fine: $50, no points. Primary enforcement. Approved by the Senate Transportation Committee on Feb. 7. Approved by the full Senate in a 21-4 vote on Feb. 17 and introduced in the House. Reported as “not considered” by the House transportation committee on Feb. 28. Second House reading March 4. Latest action: Defeated in a 32-38 vote in the full House on March 8. (Romero)

2011 distracted driving notes:
Utah’s traffic fatality rate is on track to hit a 37-year low in 2011, based on numbers from January-June. The Utah Department of Transportation said July 21 that there were 91 deaths in the first half, compared with 96 in 2010. Five of the deaths were linked to distracted driving. UDOT Traffic and Safety Director Robert Hull urged motorists “to remember to buckle up and avoid the behaviors that most commonly cause crashes—distracted driving, impaired driving, aggressive driving and speeding.”

Rep. Carl Wimmer, R-Herriman, reportedly said during debate on SB 45 that, as a law officer, he had to tell parents of their teens’ deaths in traffic. “There’s something in my opinion that is more horrific, and that is the constant attack on liberty and freedom that we see in this Legislature.” The bill was defeated.

The state Department of Transportation says distracted driving is causing an increasing amount of accidents in Utah, especially the use of cell phones and handheld music players. In 2010, 18 deaths were blamed on distracted drivers. Overall, 235 motor vehicle fatalities were logged, the fewest since 1974.

Sen. Ross Romero, D-Salt Lake, put some teeth into his failed distracted driving legislation of 2010, which sought to ban use of cell phones by teen drivers, but called for only secondary enforcement. This year, his SB 45 is tagged for primary enforcement, meaning police can stop and cite offenders for that reason alone.

A high school senior testified Feb. 7 in favor of SB 45: “When I see teenagers in a car driving around (using cell phones), it makes me really scared for my life,” she said. (TV news video below)

Distracted driving legislation champion Rep. Phil Riesen did not run for re-election after his term ended in 2010. The Democrat saw his cell phone legislation fail in both 2009 (all drivers) and 2010.

2010 legislation
HB 237: Would have prohibited teens under 18 years old from using a cell phone while driving on Utah roads and highways. Penalties included points against the driver’s license. Defeated. (Riesen)

SB 113 (and substitute): Would make the ban against teen drivers using cell phones a secondary offense with no points against license. (Romero) Also a substitute version from the House agreeing to these provisions (Riesen). This was the compromise version of the teen cell phone bill. Both defeated.

2009 legislation
Utah House Bill 290: Prohibits text messaging while driving. Approved in the House and Senate and sent to Gov. Jon Huntsman Jr., who signed it into law on March 25. Enforcement began July 1, 2009.

Utah Senate Bill 149 (sub): Would outlaw text messaging while operating a motor vehicle. Approved by the full Senate as a substitute bill and sent to the House Transportation Committee on Feb. 26, 2009. Filed as a defeated bill March 13.

HB 95, from Rep. Phil Riesen, would prohibit use of wireless devices while operating a motor vehicle. The bill includes text messaging and cell phones, and does not allow for use of hands-free devices. Bill dead for year.

HB 248: Would ban use of “wireless communication devices” while driving on Utah’s roads. Provides for use with hands-free devices. Includes text messaging and cites PDAs. “Bill substituted” on Feb. 20, creating exceptions for law enforcement, etc. Bill “held” (tabled) by House Law Enforcement and Criminal Justice Committee on Feb. 24 and filed as a defeated bill.

HB 281: Targets text messaging while driving. Would ban use of wireless communications devices while driving through reduced speed zones and parking lots, unless a hands-free device is utilized. Would prohibit drivers under 18 from using wireless devices while behind the wheel. Filed as a defeated bill March 13.

Utah cell phone legislation notes (through 2009)
Rep. Stephen Clark, R-Provo, sponsored the 2009 House plan to ban text messaging while driving. The vote in the Senate was 26-1. In the House it was 45-29.

Rep. Phil Riesen blamed the 2009 failure of his driving cell phone ban on retaliation for an unrelated ethics allegation he made against another lawmaker.

Sen. Lyle Hillyard, R-Logan, saw his version of the texting ban SB 149 advance to the full Senate on Feb. 6, 2009, and then to the House after the Senate’s approval on Feb. 25. Penalties increase to possible jail time after two prior offenses. Texting and causing an accident would be considered a third-degree felony. Sen. Margaret Dayton, R-Orem, was the only senator to vote against Hillyard’s bill.

Hillyard told the Herald Journal that he didn’t include cell phones in his Utah texting bill because it would decrease the chances of passage: “(If) my bill is the only bill left because of the controversy about cell phones, I think my bill has a very good chance of passing.”

Rep. Carl Wimmer, R-Herriman, helped kill the hands-free bill HB 248, citing the careless driving offense on the books (above) and saying, “The bill would make no change in our law.”

Rep. Carol Spackman Moss, D-Holladay, defended her defeated HB 248: “You can make a big improvement in safety if people have both hands on the wheel.”

Earlier, Moss said, “It would at least be a first important step to get people to put both hands on the wheel again and not have a hand up to their ear.” She has been an advocate of such a law for several years.

Jeff Nigbur, spokesman for the state Department of Public Safety, said his group is watching all five Utah cell phone/texting bills, and “will focus on the one that gets close to passing.”

Rep. Phil Riesen’s cell phone driving bill HB 95 was endorsed by the Salt Lake Tribune on Jan. 28, 2009.

Rep. Paul Ray, R-Clinton, is preparing legislation for the 2009 session that would ban text messaging by drivers and outlaw cell phone use in certain school zones. “If we can restrict drinking and driving, we should certainly restrict anything else that causes potential harm and (texting while driving) is very high risk,” Ray told ABC4.com.

From the Salt Lake Tribune (Jan. 23):

Lawmakers in the past have resisted phone restrictions for cars, often citing a distaste for limiting personal liberties. It will be no different for some of them this year, and members of the Utah Transportation Commission who heard about the latest proposal at their meeting last month chuckled at its prospects. “Good luck with that,” Commissioner Glen Brown said after hearing the report.

The Utah lawmakers might want to check with their constituents. A Tribune poll of Utahns conducted in early January 2009 shows that 80% support limits on cell phone use by motorists. 15% were opposed to cell phone driving laws and 5% were undecided. (500 voters, margin of error 4.5%)

Utah assesses points against a drivers license for a cell-related conviction.

Arkansas: Cell phone laws, legislation

Cell, text messaging update: An act prohibiting use of handheld cell phones in school zones and highway work zones took effect Oct. 1. Arkansas has no restrictions on text messaging or handheld cell phone use by adult drivers.

Current prohibitions:

• All drivers prohibited from text messaging. Fine up to $100.
• Drivers under 18 may not use cell phones, regardless of whether a hands-free accessory is employed. Fine up to $50.
• Drivers 18-20 must use hands-free attachments while talking on cell phones. Fine up to $50.
• School bus operators prohibited from using cell phones while driving.

2011 legislation
Senate Bill 154 (Act 37): Would outlaw use of handheld cell phones by drivers who are in a school zone or are passing by school buildings during school hours when children are present (outside). Also seeks to ban handheld cell phone use in a highway work zone when workers are present. Secondary enforcement. Approved by the Senate Transportation, Technology and Legislative Affairs Committee on Jan. 31 and then by the full Senate on Feb. 2. Approved by the House in a 52-41 vote on Feb. 15 and sent to the governor as Act 37. Latest action: Signed into law by the governor on Feb. 19. Takes effect Oct. 1. (Taylor)

House Bill 1049: Would prohibit drivers from using handheld cell phones in school zones while children are present. Includes GPS. Secondary enforcement. First-time violators get a warning; $50 fines thereafter. Rejected by the House in a tight 46-47 vote on Jan. 31. Reconsidered, it was approved by the House on Feb. 1. Recommended by the Senate Transportation Committee but rejected by the full Senate. Revived again (March 16) but died April 27 as the Transportation Committee adjourned. (Allen)

2011 distracted driving notes:
SB 154′s sponsor was Sen. Jerry Taylor, D-Pine Bluff. Rep. Fred Allen, D-Little Rock, introduced the bill in the House after failing to get approval for his similar HB 1049.

Just before the House rejected the HB 1049 plan to outlaw handheld cell phone use in school zones, opponents argued that the ban would inconvenience parents. “Have you ever waited for an hour in a long line of cars for your child or grandchild to come out of school?” asked Rep. Donna Hutchinson, R-Bella Vista. Sponsor Rep. Fred Allen, D-Little Rock, later noted that the bill called for secondary enforcement, so drivers stuck in a school pickup line would have to commit another offense in order to be cited. Police are “not going to pull you over just for talking on your cell phone,” Allen told reporters.

Rep. Allen says HB 1049 is “really a prevention bill.” (Allen co-sponsored HB 1013, below).

Sen. Taylor said he was puzzled by the House’s rejection of Allen’s school zone plan.

An Arkansas state senator dropped his plan to limit headphone use by bicyclists and pedestrians to one ear only, citing a barrage of citizen complaints. Sen. Jimmy Jeffress, D-Crossett, said Jan. 25, 2010, that he knew going in that the draft legislation wouldn’t succeed, but he wanted to raise the issue. He was inspired by a Little Rock accident.

The city of Rogers already bans cell phones and text messaging in its school zones, with primary enforcement.

2009 legislation:
HB 1013, from Rep. Ray Kidd, D-Jonesboro, bans text messaging by all drivers. Approved by the Senate and House, and signed into law by the governor (as Act 181).

SB 28, from Sen. Kim Hendren, R-Gravette, bans drivers under 18 years old from using cell phones. Drivers 18-21 may use cell phones with hands-free devices. Passed by the Senate and the House, and signed into law by the Arkansas governor (as Act 247).

HB 1119, from Rep. Allen Kerr, R-Little Rock, would prohibit wireless telephone use by drivers under the age of 18. Under the proposed law, drivers 18 to 20 years old must use hands-free accessories when making calls and cannot engage in “interactive communication” via electronic devices (text messaging and typing). Sent to the governor’s office on Feb. 18. The teenage driving bill was approved in the House, the Senate Transportation Committee, the full Arkansas Senate and signed into law by the governor (as Act 197)

SB 31, also from Sen. Hendren, would require drivers to use hands-free accessories while using cell phones. (Does not include texting.) To the full Senate.

Cell phone, text messaging legislation notes (pre-2010):
The number of tickets written under the new texting while driving ban appears to be relatively small, according to Arkansas media reports. Fayetteville reports 13 tickets from October 2009 to February 2010.

Arkansas police say that in 2008, at least 787 auto crashes involved drivers using electronic devices.

Rep. Kidd’s text-messaging legislation HB 1013 originally included a cell phone ban, but he revised it to make passage more likely. “Some law is better than no law,” Kidd told House members. It has been approved and sent to the governor.

HB 1013 is dubbed “Paul’s Law.” Kidd filed it at the request of a young woman whose father was killed by a text-messaging driver. Violations would be considered primary offenses with fines of $100.

Rep. Kerr’s limits on wireless communications by drivers under 21 were approved by the the House Public Transportation Committee and sent to the Senate Committee on Transportation, Technology and Legislative Affairs on Jan. 28, 2009.

Sen. Hendren’s hands-free cellular device legislation (SB 31) and ban on cell phone use by teenage drivers (SB 28) also cleared the Senate Committee on Transportation, Technology and Legislative Affairs.

Two bills by state Sen. Kim Hendren failed in the 2007 Arkansas legislative session. They would have required hands-free devices and prohibited teenage drivers from using cell phones.

Hendren has filed hands-free bills dating back to 2001. He has said he knows a woman whose son was killed by a driver using a cell phone.

Arkansas State Police started tracking cell phone roles in accidents in 2007.

Indiana: Cell phone laws, legislation

Cell phone, texting update: Indiana’s ban on text messaging while driving is now in effect. Indiana was the 32nd state to ban texting while behind the wheel. The law became effective July 1, 2011, with fines up to $500.

“Drivers have had plenty of notice about the law,” a spokesman for the State Police said.

On May 11, Gov. Mitch Daniels signed the legislation sent to him by the House and Senate. The Senate had expanded the original House bill to include a ban on use of handheld cell phones while driving, but that element was removed by a conference committee. The new law — which gets primary enforcement — is restricted to the reading, writing and sending of text messages while a vehicle is in motion. Hands-free (voice activated) texting OK.

Current prohibitions:

• Text messaging prohibited for all drivers while vehicle is in motion. Fines up to $500.
• Drivers under the age of 18 may not use cell phones, text messaging devices or other wireless telecommunications devices.

2011 distracted driving legislation:
House Bill 1129: Seeks to ban phone calling and text messaging by drivers using handheld electronic devices. Hands-free texting OK. Bars police from confiscating texting devices (for this offense). Class C infraction, fines up to $500. Approved Jan. 20 by the House Public Policy Committee in a 10-2 vote. Approved by the House in an 85-11 vote on Jan. 25 and sent to the Senate. Approved by the Senate corrections committee in a 7-2 vote on March 1. Amended by the Senate (March 14 ) to include a ban on handheld cell phone use. Approved by the full Senate in a 29-20 vote on March 15; returned to the House. Rewritten April 26 by conference committee to remove Senate’s addition of cell phone ban. Bill returned to both houses. Approved by the House in an 83-10 vote taken April 28. Approved by the Senate in a 26-24 vote taken April 29. Latest action: Signed into law by Gov. Mitch Daniels on May 10. Read House Enrolled Act 1129. Law took effect July 1, 2011. (Koch)

Indiana Senate Bill 18: Would outlaw text messaging while driving and restrict use of cell phones to hands-free operation. Offenses would be Class C infractions, similar to traffic tickets. Approved by the Senate Public Policy Committee on Feb. 11, in a 5-2 vote. Latest action: Approved by the full Senate in a 29-21 vote on Feb. 17 and sent to the House. Dead. (Holdman)

HB 1158: In cases of vehicular “reckless homicide,” a Class C felony, courts allowed to consider whether accused was using a handheld cell phone at the time of a crash (“among other factors”). Heavily amended in Roads and Transportation Committee on Feb. 17. “Call withdrawn” during second reading in House on March 28. Dead. (Yarde)

Distracted driving notes (2011):
State Senator Tom Wyss, R-Fort Wayne, says of the Senate’s addition of a handheld cell phone to HB 1129: “It’s going to cause a lot of people to oppose it. The chances of it passing in this manner is pretty slim.”

Diveeta Thompson, who lost her 18-year-old son when he crashed while texting, testified in favor of House Bill 1129 the day of its approval by a House panel. “I can’t go fast enough and I can’t speak loud enough,” she tearfully said Jan. 20 of her efforts to combat distracted driving by teens. The bill was approved by the full House five days later. Thompson also told her story to the Senate panel that approved the bill on March 1.

Sen. Travis Holdman, R-Markle, has filed legislation (SB 18) for the 2011 session that would ban texting while driving and the use of handheld cell phones. His SB 18 of 2010 (same number) failed to advance last session (below). He also authored the graduated license law that prevents teen drivers under 18 from using cell phones and texting devices.

Indiana’s attorney general and AT&T Indiana’s president joined Sen. Holdman at a December 2010 rally for the new SB 18 legislation

Key committee member Sen. Brent Steele says he’ll drop his opposition to a full Senate vote on legislation that seeks to ban texting while driving. Steele, R-District 44, protested 2010 efforts to halt the distracted driving practice, saying enforcement would not be possible. He says a 2011 plan that would ban both text messaging and the use of handheld cell phones while driving satisfies his enforcement concerns and should get a full hearing. Steele still doesn’t support a ban, however.

Rep. David Yarde, R-Garrett, filed legislation for 2011 that would bring felony punishments for drivers who cause injuries and/or deaths while using a cell phone. HB 1158 does not seek a ban on cell phone use or texting, however. Cell-phoning drivers who injure someone would be subject to up to three years in prison. For a death, the penalty would be up to eight years in prison.

The Indiana Legislature has a “full session” planned for 2011, which increases chances that distracted driving bills will become law. The 2010 session was short.

Indiana Students Against Destructive Decisions (SADD) rallied at the Statehouse in November 2010 in hopes of inspiring legislators to take further action on distracted driving. AAA Hoosier Motor Club and State Farm Insurance joined the students in rolling out a public awareness campaign.

State Police linked cell phone use to more than 1,100 crashes last year, resulting in four fatalities.

2010 legislation (session over)
Indiana House Bill 1279: Would ban text messaging for all drivers on Indiana roads and highways. Texting via hands-free devices exempted. Fines up to $500. Cleared the Committee on Public Policy on Jan. 28, 2010, and was sent to the Senate, where several sponsors have signed on. (Pearson)

HB 1057: Would ban text messaging while driving in Indiana. (Moses)

HB 1060: Would prohibit text messaging and cell phone use by drivers over the age of 18, unless a hands-free accessory is employed. Fines $25 (first)/$50/$100. (Summers)

Indiana Senate Bill 18: Would ban all forms of text messaging while driving on state roads and highways. (Holdman)

SB 111: Would make most texting while driving offenses a misdemeanor in Indiana. First offenders will be cited for a Class C misdemeanor, while a Class A misdemeanor applies if the violator has an unrelated offense within five years. If however, bodily harm or death results, texting while driving would be a felony. Provides that text messaging may constitute as a qualifying event for a habitual traffic violator determination, also bringing felonies into play. In Committee on Corrections, Criminal, and Civil Matters. (Lanane)

2010 cell phone, texting legislation notes
Only three tickets have been written under the teenage distracted driving law of 2009, according to the Courier-Journal. The newspaper calls for a broad ban on handheld cell phone use while driving, which would end the complication of police having to determine a driver’s age before pulling him or her over.

Rep. Joe Pearson, D-Hartford City, saw his HB 1279 approved unanimously (11-0) by the Committee on Public Policy on Jan. 28.

State Sen. Travis Holdman has filed SB 18, which would prohibit all Indiana drivers from text messaging while behind the wheel. Holdman, whose distracted driving limits on teens went into effect July 1, said constituents and traffic safety experts urged him to prohibit state motorists from texting while driving. “As texting-type tasks continue to grow in popularity we have to use what resources are available to help reduce the amount of crashes and fatalities on our roads,” Holdman said in a statement announcing the Indiana text messaging legislation on Oct. 29.

Sen. Tim Lanane, D-Anderson, seeks strict penalties for texting while driving with his SB 111. “My bill likens it to drunk driving or something like it,” Lanane said. “If there is a harsher penalty, then maybe drivers will take the law more seriously.”

A New Albany plan to ban text messaging and handheld cell phone use is losing steam. City Councilman Steve Price is pushing for the distracted driving ordinance, but says he’ll go along with just a ban on texting. The city’s safety committee will meet on the issue at some point.

2009 legislation (dead):
SB 16 prohibits a driver under 18 from using a telecommunications device. Approved by the Senate and House, and returned to the Senate on April 15 for approval of House amendments. Signed into law May 7 and became effective July 1. (Holdman)

SB 80 would prohibit cell phone use for drivers under 18 unless a hands-free accessory is employed. (Kruse)

HB 1242 would prohibit motorists from using hand-held phones. Drivers with probationary licenses also prohibited from also using hands-free cell phone set-ups. (Summers)

HB 1699 would prohibit drivers under the age of 18 from using hand-held mobile phone. (Robertson)

Previous Indiana legislation notes:

The teenage driving limits legislation (SB 16) was approved by the House Roads and Transportation committee in a unanimous vote on April 1, 2009. Senate approval came Feb. 5. The House OK’d the cell phone-texting bill with amendments on April 15.

Rep. Vanessa Summers, D-Indianapolis, has filed cell phone-related bills such as 2009′s HB 1242 repeatedly, without success. She voted against SB 16 on April 15, telling fellow legislators: “Shame on you all for not doing something for yourself that you’re asking your children not to do” (banning cell phones for all drivers).

The debate over teen texting and driving understandably has been intensified after the March 21 death of Indiana college student Brittiany R. Phillips, 21, of Muncie. She had been sending and received text messages in the moments before she crashed into a tree.

Sen. Dennis Kruse, R-Auburn, hopes that once his teen driver legislation SB 80 has a hearing, it would be modified to include more rules and drivers. Kruse was inspired to author the bill after he lost control of his vehicle while on a cell phone, and ended up in a ditch. “Studies aren’t overly convincing that cell phone use is more distracting than drivers who put on makeup in the car or have dogs in the front seat with them or lean over to get something off the floor,” Kruse said. “But, there is definitely a distraction.” Kruse’s bill seeks primary enforcement status for the cell phone driving law.

Rep. Summers noted in the 2008 session: “In the seconds it takes you to dial a 10-digit number you can look up and be in the back of someone. Every year it amazes me you guys don’t get it.” “Several committee members expressed concern that there are no data to show this is a problem,” the Journal Gazette reported of the cell phone legislation.

South Bend has banned the use of cell phones in school districts. First offenses bring $75 fines, second, $125, and subsequent violations $250.

The South Bend Tribune said the city didn’t go far enough with the ban on cell phoning and driving in school zones: “In the end, will it really be safer with drivers strategizing how to get in the last word before they hit a school zone? Or making that follow-up call 30 seconds later?” It called for a citywide ban and, better, a statewide ban.

Monroe County has banned the sending of email and text messages while behind the wheel. The ordinance went into effect Jan. 1, 2009. A sheriff’s deputy died in a texting related accident in October 2008. Enforcement does not extend to Bloomington.

Background: A legislative study committee on Oct. 14 approved draft legislation that seeks more limits on teenage drivers, including a ban on cell phone use without a hands-free device. Sen. Tom Wyss, R-Fort Wayne, the bill’s sponsor and chairman of the Interim Study Committee on Learner’s Permits and Graduated Driver’s Licenses, will introduce the teen-driving legislation for the 2009 session. Sen. Travis Holdman, R-Markle, will push for that new legislation. Wyss proposed a similar bill in the 2008 session, but it was stripped of meaningful provisions before fizzling out. The study group also OK’d a separate plan to ban the use of cell phones and texting devices by bus drivers and others with public chauffeur licenses, the Indiana Star reported.

Texting legislation hot at local level

Cities and counties around the nation are scrambling to adopt bans on text messaging, tired of waiting for state legislatures to act on what is almost universally perceived as a highway menace.

(Post updated for correction; original post from March 27, 2009)

In one New York county, a local legislator said simply: “The state is not acting fast enough.”

New York’s swarm of local traffic legislation against text messaging and use of handheld phones usually is credited to a similar lack of urgency in Albany.

A Philadelphia ban on use of handheld cell phones while driving is near enactment. A police official said he hopes it will “send a strong message to Harrisburg that the time has come.”

In Ontario County, N.Y., a ban on text messaging while driving is about to come to a final vote. The county was the site of a texting-related crash that killed five teenagers.

Cleveland continues to consider outlawing texting while driving. “I think the overall premise of using a cell phone while driving in your hand has to be eliminated throughout the state of Ohio,” sponsor Councilman Zachary Reed says.

In Schuyler County, N.Y., a ban on texting by motorists went into effect March 16.

In recent months:

In Wisconsin, The city of Kenosha has banned text messaging and driving. The fine is up to $500. Waupaca County has banned handheld cell phone use by drivers and text messaging.

In South Florida, Miami-Dade commissioners banned motorists from use of texting devices and cell phones while in school zones.

In Monroe County, Ind., text messaging while driving has been banned. The ordinance, which calls for a $25 fine, also prohibits motorists’ use of the Internet.

In Oneida County, New York, the Board of Legislators is considering a county-wide ban on text messaging while driving. “The state is not acting fast enough,” said Legislator Ed Welsh, R-Utica.

In Schenectady County, New York, local legislators banned text messaging while driving. The ordinance, approved in an 11-2 vote on Dec. 10, brings a $150 fine for violators.

In Gallup, N.M., the city council voted Dec. 11 to punish distracted driving resulting from text messaging, cell phones, applying make-up, etc.

On the cell phone front, Atlas Township, Michigan, is considering banning cell phone use by drivers on a specific highway, M-15. Several Detroit-area communities have acted to keep drivers from using cell phones.

Oregon: Cell phone laws, legislation

Cell phone, texting news: Forget that big loophole in Oregon’s law prohibiting handheld cell phone use by drivers. As of Jan. 1, Oregon no longer allows drivers to use handheld cell phones if the call is related to their jobs.

Police complained that judges were throwing out distracted driving tickets when drivers testified they were making work calls. The Register-Guard called this exemption “a driver’s version of Monopoly’s get-out-jail-free card.”

Current prohibitions:

• Oregon has outlawed use of handheld cell phones by all drivers. Cell phones with hands-free attachments are allowable only for those over 18 years of age. Text messaging banned for all drivers. Fine: $142 plus costs.
• Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones or text messaging while driving. The ban applies to all cell phone use, regardless of whether a hands-free device is employed.

Distracted driving notes (2012):
State Rep. Andy Olsen, R-Albany, reportedly is working on a plan to reward Oregon drivers who don’t get cell phone citations. For each year without a distracted driving ticket, motorists would be able to remove an existing moving violation from their records. Deschutes County Sheriff Larry Blanton is helping Olsen craft the legislation, KBND Radio reported.

2011 legislation:
House Bill 3186: Removes a series of exceptions to the state’s current cell phone and texting law. Removes language that allowed drivers conducting business to use a cell phone. Clarifies that all text messaging while driving is prohibited. Amended and then approved by the Judiciary Committee on April 28. Approved by the full House in a 39-17 vote on May 4. Approved by the Senate in a 17-12 vote June 13 and returned to the House for approval of an amendment that specifies remaining exemptions for essential public works providers. Approved by the House in a 39-20 vote on June 16. Latest action: Signed by the governor on June 28. Takes effect Jan. 1, 2012. (Berger)

HB 2602: Would prohibit bicycle riders from using “listening devices” such as cell phones and MP3 players. Unsafe operation of a bicycle would be a class D violation. Fine up to $90. In the Judiciary Committee with no activity since January. (Schaufler)

2011 distracted driving notes:
Portland plans rolling crackdowns for vehicle safety violations this summer, with cell phone and text messaging violations a priority. “It’s not about catching people by surprise,” a spokesman for the Portland Bureau of Transportation said of the summer sweep. “It’s not about writing tickets. This is about educating the public that driving distracted is unsafe and against the law.” Mayor Sam Adams announced the crackdown, saying, “Using a cell phone behind the wheel turns your car into a loaded weapon.”

Rep. Vicki Berger, R-Salem, succeeded in plugging some of the loopholes in Oregon’s 2009 law prohibiting drivers from texting and talking on handheld cell phones. Both the House and Senate signed off on the plan (HB 3186) to clamp down on people who dodged fines by saying they were making important business calls. The governor signed the measure in late June. “This is going to clarify what we all intended, which is not to have individuals saying they’re doing this for their business,” said Sen. Floyd Prozanski, D-Eugene, the Senate sponsor.

Berger was moved to action by a Feb. 2 accident in Salem in which a texting driver killed a pedestrian.

Rep. Kim Thatcher, R-Keizer, opposed Berger’s HB 3186. “I think we’d be chasing our tails to oblivion trying to outlaw stupid,” she said.

Rep. Michael Schaufler says he’s already tired of reading the bicycling community’s complaints about his House Bill 2602, which seeks to prohibit riders’ use of “listening devices”: “People on bicycles ask for a whole lot and then they say, ‘don’t regulate us!’ ”

2009 legislation:
HB 2377: Would ban use of handheld cell phones in Oregon for all drivers. Hands-free devices OK only for those over 18 years of age. Text messaging banned for all drivers. Approved by the House on April 28, 2009, and by the Senate on June 23. Final came approval July 7-8. Oregon Gov. Ted Kulongoski signed the legislation in law on July 28. The restrictions took effect Jan. 1, 2010. The law calls for primary enforcement, meaning law officers may pull over motorists solely for texting and cell phone violations. Tickets will be $142.

HB 2038: Would prohibit use of cell phones unless a hands-free accessory is utilized. Violations could lead to suspension of driver’s license. (Same as HB 2377, but with a driver’s license suspension provision.) The House advanced HB 3037 instead.

Legislation notes (2009):
Oregon state police are concerned that the new cell phone/texting law contains a loophole. Language inserted in the original bill allows for drivers’ cell phone use “in the scope of the person’s employment if operation of the motor vehicle is necessary for the person’s job.” The intent was to allow for business use by taxi, bus and delivery drivers.

Rep. Carolyn Tomei, D-Milwaukie, is the sponsor of the successful cell phone/texting measure HB 2377 (and 2038). The new cell phone and texting law calls for primary enforcement and fines of $90. CB radios are exempted, pleasing truckers.

Just before the 2009 session began, Sen. Alan Bates, D-Ashland, told a town hall meeting that he’s not going to “cram (a ban on cell phone use while driving) down people’s throats.” Rep. Sal Esquivel, R-Medford, said that driving while using a cell phone or text messaging “is the equivalent of drunk driving.”

Oregon has a “vague” law against careless driving.

Oregon State Police report that no tickets have been written for violations of the teen cell phone law that went into effect in January 2008. The Associated Press reported: “The chances that a teenager will be cited for talking on a cell phone while driving are pretty much zero in Oregon.” Police in Portland say they’ve issued two tickets.

The law concerning cell-phone and text-messaging limits on young drivers was approved during the 2007 session. The Associated Press reported in early 2009 that “the chances that a teenager will be cited … are pretty much zero in Oregon.” In Portland, apparently no citations had been written at all. The cell phone law lists violations as “secondary,” meaning police have to pull over young drivers for another offense before citing them.

Delaware: Cell phone laws, legislation

Distracted driving update: About 9,000 tickets were issued in the year since Delaware’s electronic distracted driving laws took effect Jan. 2, 2011. Fines range from $50 to $200. “You talk, you text, you pay” is the state slogan for the new laws.

Current prohibitions:

• Text messaging prohibited for all drivers.
• Handheld cell phone use and use of Web prohibited for all drivers — hands-free devices OK. Includes PDAs, paging devices, games, laptops.
• Drivers with learner’s permits prohibited from using cell phones.
• School bus operators prohibited from using cell phones while driving.

Read the laws: Texting & mobile phones | School bus drivers

Distracted driving notes:
State police report that 9,000 tickets have been written statewide in the first year of the ban on using handheld cell phones and text messaging while driving. Rep. Joe Miro, R-Pike Creek, who sponsored HB 229 (below) says one reason for all those distracted driving citations is ignorance of the law. “I think we need to be a little more aggressive in reminding drivers that it is the law,” Miro said in July.

The state’s one-day crackdown on handheld cell phone violations yielded 330 tickets April 21. The sweep was conducted as part of Distracted Driving Awareness Month.

Miss Delaware Maria Cahill’s “platform” for the Miss America pageant is auto safety, with the focus on texting while driving. Cahill’s college roommate died in a texting-related crash.

2010 legislation:
House Substitute 1 for HB 229: Bans text messaging, handheld cell phone use and Internet activities. Includes PDAs, paging devices, games, laptops. Applies when vehicle is in motion. Primary enforcement. Fines $50 (first offense)/$100/$200. Cleared the House public safety committee on March 17. Approved by the full House on May 13 in a 33-5 vote. Approved by the Senate on June 15 by a 18-3 vote. Approved again by the House (and finalized) on June 22 in a 34-6 vote. Signed by Gov. Jack Markell on July 6. Latest action: Enforcement began Jan. 2, 2010. (Scott, Miro)

HB 298: Would prohibit the use of handheld cell phones by a driver while the vehicle is in motion. Fines $50/$100. (Miro)

2010 legislation notes:
Several amendments were added to House Substitute 1 for HB 229 before it was approved May 13 in the House. One allows drivers to use their hands to enter numbers for a phone call or to engage hands-free accessories. The other exempts farm tractors and trucks from the ban on handheld electronics.

Rep. Darryl M. Scott, Dover, introduced the substitute for his HB 229 (of 2009) that watered down its proposed ban on all cell phone use by drivers to allow for hands-free operation. “I basically found I did not have support for a complete ban on cell phones,” he said Feb. 8. An ally amended HB 229 to make it a “handheld cell phone” ban.

2009 legislation:
HB 40 Substitute (HS1): Would ban text messaging while driving. Primary enforcement. $50 fine. Tabled by sponsor on May 12, 2009, due to House opposition and problems with wording. Reintroduced as a text-messaging bill, HS1 for HB 40. That bill (without handheld cell phone provisions) was approved by the Delaware House on May 14 and sent to the Senate. Out of Public Safety Committee “on its merits” on June 18. (Miro)

HB 229: Would have prohibited all cell phone use by drivers. Amended to allow for hands-free operation of a cell phone by drivers in January 2010. (Scott)

Legislation notes:
The new bill, HS1 for HB 40, calls for a maximum $50 fine and violations will be treated as a primary offense, meaning police can pull over drivers they believe to be text messaging. It also seeks to overrule all local and regional legislation.

The original HB 40 was presented by Rep. Joseph E. Miro, R-Pike Creek Valley. “I am very disappointed we are not passing the entire bill,” Miro told the News Journal. “I will come back with the other half that is missing from this legislation sometime in the future, but for now, this is the best we can do.”

As a cell phone and texting bill, HB 40 had been a magnet for amendments concerning exceptions such as use of ham-radio communications and work-related walkie-talkies.

While still a handheld cell phone ban, HB 40 required only that drivers have a hands-free device in order to drive and use a cell phone. It did not require drivers to use the attachment. It also allowed for the reading of text messages, another problem fixed by amendments.

Wilmington, the largest city in Delaware, has approved a ban on the use of handheld cell phones and text messaging devices while driving. These activities would be considered primary offenses, meaning police could pull over drivers for that reason alone. Fines under the plan, presented by Michael Brown Sr., would run $50. “Whatever Dover does or doesn’t do, we need to take steps here to try to save lives when we can,” Brown said. The ban takes effect Jan. 1, 2009.

Rep. Miro combined two bills that failed in the 2008 session to forge the 2009 legislation HB 40. “I brought this back because it is very close to my heart and I really think we need to address the issue,” Miro said.

Miro’s efforts to limit cell phone use by drivers date back to 2001.

When a Miro bill (HB78) seeking to require hands-free devices for drivers was defeated in May 2007, it brought the following reaction:

“Why do we need this legislation?” said Rep. Dennis P. Williams, D-Wilmington, a retired lawman.

“What about a cup of coffee (being a distraction)? What about a CD player or a radio?”

Delaware State Police report that cell phones were a factor in 252 traffic accidents in 2008.

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