Idaho: Cell phone laws, legislation

Cell phone, text messaging news: The House and Senate teamed up to approve a ban on text messaging while driving, but the one final vote was blocked by an opponent on the last night of the 2010 legislative session.

State Rep. Marv Hagedorn is among those drafting distracted driving bills for the 2011 session.

Twin Falls became Idaho’s first city to ban text messaging while driving, with the distracted driving law taking effect Oct. 1, 2010.

Current prohibitions: None.

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/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)

Legislation notes:
Rep. Marv Hagedorn, R-Meridian, reportedly is drafting a distracted driving bill for the 2011 session that would create a new category of offenses defined as “negligent driving.” The legislation will call for secondary enforcement, meaning police would need another reason to stop and cite violators, such as weaving or speeding. The law would cover various distracted driving behaviors, including texting, eating and reading, according to local reports. Hagedorn is one of the Legislature’s most conservative members.

Twin Falls’ ban on text messaging while driving goes 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.

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.

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.

Coeur d’Alene decided in April to hold off on a texting ban, hoping that the state will take action in 2011. If not, a local ordinance is needed, City Councilman John Bruning said.

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

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: The 76th regular session of the Nevada Legislature begins Feb. 7, 2010. There was no session in 2010.

Current prohibitions:
None.

2009 legislation:
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.

Legislation notes:
Distracted driving has been cited as the No. 1 cause of fatal traffic accidents in Nevada.

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.

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: The House and Senate have split on a plan to prohibit handheld cell phone use and text messaging by young drivers.

The House, which approved the plan, voted July 1 to reject the Senate’s amendments, which include a downgrade to “secondary” enforcement. The governor indicated he would sign the bill if it survives the legislative process.

Philadelphia, Harrisburg, Wilkes-Barre, Erie and Allentown have banned cell phone use by drivers unless a hands-free attachment is in use.

Current prohibitions:

• 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 and Harrisburg.

Active legislation (2010):
HB 67: Would prohibit drivers with provisional licenses from cell phoning or text messaging. Fine of $100. HB 67 is 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. Latest action: The House rejected the Senate’s amendments on July 1, with 71 representatives in favor of those changes but 126 opposed. Bill possibly goes to a compromise committee. (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. In the Senate. (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. (Williams)

List of other 2009-2010 legislation below.

2010 legislation notes:
HB 67 sponsor Rep. Joe Markosek, D-Allegheny, is dismayed 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.

Markosek and Rep. Josh Shapiro, D-Montgomery, 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 goes into effect April 18, 2010, with $75 fines that won’t apply until the city’s warning period expires July 1. Texting and cell phoning while driving will be 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:
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, 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: All distracted driving legislation is dead for the 2010 session. The state Senate did approve legislation outlawing text messaging by all drivers but that plan was killed in a House committee.

A House-Senate compromise committee began work March 18 on the school bus safety legislation “Nathan’s Law,” with the Senate pushing for a cell phone ban in school zones. Senators accused the House of taking the teeth out of the bill. The stalemate was not resolved and the bill died in conference March 27.

A Mississippi text-messaging ban on drivers with restricted licenses became law in 2009.

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

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.

2010 session legislation (all dead):
SB 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)

HB 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)

Mississippi Senate Bill 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 2122: 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)

2010 distracted driving notes:
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.

In Columbus, the city attorney is developing an ordinance that would ban text messaging in city limits. City councilmen asked to look at their options during a meeting July 20. “It’s a no-brainer,” said Councilman Joseph Mickens. “The No. 1 cause of accidents is texting while driving.”

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: A 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. The latest failed bill, from 2010, would have banned teens from using cell phones while driving. Utah’s 2010 legislative session ended in March.

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.

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.

2010 distracted driving notes
Rep. Phil Riesen, D-Holladay, saw another of his attempts to ban cell phone use by drivers defeated. In 2009 the ban would have been for all drivers; in 2010 it was for teens under 18.

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. He plans to try again in 2010.

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: “Paul’s Law,” which would outlaw text messaging by drivers, went into effect Oct. 1, 2009. Also becoming law were cell phone limits on young drivers. “We hope and pray it’s going to save lives in Arkansas,” said Rep. Ray Kidd, who sponsored the texting legislation.

Fines for violations of the text messaging ban go up to $100. Violations of the cell phone rules for young drivers go up to $50.

Current prohibitions:
All drivers prohibited from text messaging.

Drivers under 18 may not use cell phones, regardless of whether a hands-free accessory is employed.

Drivers 18-20 must use hands-free attachments while talking on cell phones.

School bus operators prohibited from using cell phones while driving.

2010 legislation
Arkansas’ 88th General Assembly convenes in 2011. A budget-revenue session began in February 2010 but no distracted driving plans are up for consideration.

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:
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.

The 2009 biennial state legislative session began Jan. 12.

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: Several bills that would outlaw texting while driving on Indiana roads failed to become law in 2010.

A ban on teenage drivers’ use of cell phones and texting devices went into effect in 2009. Indiana police reportedly have issued only three tickets under that law, as of August 2010.

Current prohibitions:
Drivers under the age of 18 may not use cell phones, text messaging devices or other wireless telecommunications devices.

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. Offenses would be Class C infractions, similar to traffic tickets. (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
The Indiana Legislature has a “full session” planned for 2011, which increases the chances that distracted driving bills will become law. The 2010 session was short.

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, R-Markle, 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: Drivers in Oregon are not be allowed to text message and cell phone use will be limited to adult motorists using hands-free attachments. The law went into effect Jan. 1, 2009.

Current prohibitions:
Oregon has outlawed use of handheld cell phones in Oregon for all drivers. Cell phones with hands-free attachments are allowable only for those over 18 years of age. Text messaging banned for all drivers.

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.

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:
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.

Sponsor 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: Delaware has adopted a ban on text messaging and use of handheld cell phones while driving. Fines range from $50 to $200. Gov. Jack Markell signed the bill July 6. The new distracted driving rules for Delaware drivers take effect Jan. 3, 2011.

Current prohibitions:

• Drivers with learner’s permits prohibited from using cell phones.
• School bus operators prohibited from using cell phones while driving.
• Text messaging prohibited for all drivers (takes effect Jan. 3).
• Handheld cell phone use and use of Web prohibited for all drivers — hands-free devices OK (takes effect Jan. 3).

2010 legislation:

House Substitute 1 for HB 229: Bans text messaging while driving, handheld cell phone use and Internet activities. 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. Latest action: Signed by Gov. Jack Markell on July 6. Enforcement begins Jan. 3, 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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