Senate Bill 1475 would have would more than doubled fines on the trio of distracted driving laws that the senator pushed through in recent years. The bill also would have applied the laws against text messaging and use of handheld cell phones to California’s bicyclists.

“The deadline for bills to pass the Appropriations Committee was Aug. 13, and since the cell phone bill did not pass the committee by the deadline, it died there,” said Phil Yost of Simitian’s office.

Simitian, D-Palo Alto, has said compliance with California’s distracted driving laws is good, but “there’s room for improvement.” He was seeking “a more significant deterrent” with the increased distracted driving fines.

California’s ban on text messaging while driving went into effect on Jan. 1, 2009. Fines start at $20 and go to $50 for repeat offenses. With fees, the cost of violating the state text messaging law easily tops $200.

Simitian’s bill for 2010 sought to add a point against driver’s licenses for distracted driving violations. He later amended the bill to make the point apply on the second offense.

Bicyclists groups created the early opposition to the bill, and its proposed fines were lowered in response (to $20/$50 with no points per the amendment of April 6).

California’s brutal budget crisis would have received some help from the doubled fines. The Assembly Committee on Appropriations estimated increased distracted driving fines under Senate Bill 1475 would bring in another $32 million annually.

Certainly there’s a need: So far this year there have been 17,535 crashes in the Show Me State where distracted driving was cited as a contributing cause.

The highway patrol even arranged for a race car to bear the logo for the no-texting campaign, one of those red-cross-out designs that says “no texting.” Want a decal for your very own car? They’re free to the public as window clingers.

One slight problem. If you’re a driver 21 or older in Missouri, feel free to text to your heart’s content. It’s perfectly legal. Same with cell phone use while driving, which has killed at least eight people on state roads since Jan. 1.

The highway patrol explains, sort of:

The campaign complements Missouri’s current anti-texting law, which prohibits use of cell phones or texting devices for drivers 21 years of age and younger. (We call on) all Missouri drivers to honor the letter and the spirit of the law — regardless of age — and stop texting while driving to help make Missouri’s highways safer for all motorists.

We’re reminded of the recent Pew survey that concluded adults are just as likely to text and drive as teenagers. Texting doesn’t seem to level off until drivers are in their mid-30s.

Of course, state troopers don’t make laws, they enforce them. But consider that the various efforts to expand the texting ban to all drivers failed in Missouri’s last legislative session. The primary reason — make that, excuse? Law agencies’ complaints that enforcement would be too difficult.

The House Public Safety Committee chairman, Mark Bruns, in fact, blocked all text messaging legislation that came through his domain because “too many questions remain on how to enforce it properly.”

The highway patrol’s chief of staff attended one texting while driving hearing before Bruns and said the law agency had no position on a texting ban. But the spokesman noted that the highway patrol promoted safety.

Public safety campaigns are no substitute for laws against deadly behaviors.

The highway patrol needs to help quash talk of enforcement woes and embrace all-ages bans on handheld electronic devices.

Lawmakers need to follow the lead of distracted driving opponents such as Rep. Rodney Schad and state Sen. Ryan McKenna, who see “an epidemic” of texting on state roads and highways.

Come on, Missouri. Show us something real. Then play with race cars.

Georgia, Michigan, Iowa and Wyoming all saw their legislature’s distracted driving plans become effective July 1.

Across the states, drivers fretted over what was allowed and what was not, and law officers raised the usual concerns about enforcement.

In Michigan, a spokesman for the police chiefs association wasn’t happy: “It’s going to be very difficult for us,” he said.

But in Iowa, a Sioux City officer said, “We’ve all seen people driving and texting — it’s pretty obvious what they’re doing.”

Georgia Gov. Sonny Perdue also had his doubts about enforcing a ban on text messaging while behind the wheel. He signed the “Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving” after raising the specter of a veto. (Sorohan was a teen killed in a texting-related crash.)

Safety advocates, lawmakers and students lobbied furiously in the final days of the legislative session for Perdue to sign the bill, which he did with no time to spare.

Texting and driving now merits a ticket in Georgia. Drivers under the age of 18 also are prohibited from using cell phones, regardless of whether a hands-free device is attached. Violations of the new distracted driving laws bring a $150 fine.

Join the debate over Georgia’s new texting and cell phone laws.

Michigan’s governor gladly signed that state’s new distracted driving laws. Gov. Jennifer Granholm even enacted the no-texting-while driving bills into law on a “No Phone Zone” special on “The Oprah Winfrey Show.”

In Michigan, text messaging has been outlawed for all drivers. Fines are $100 (first offense) and then $200.

Read more about Michigan’s distracted driving laws.

In Iowa, violators are off the hook for a year, during a legislature-mandated education period. After that, fines begin at $30 and go up to $1,000 for those causing a serious accident while texting.

Iowa banned text messaging for all drivers and prohibited teens with restricted licenses from using all handheld electronic devices while behind the wheel.

Enforcement for adults is “secondary,” meaning police need another reason to stop violators before writing the citation. Teen offenders (14-18) can be pulled over and cited for violations without other cause, however. Mandating secondary enforcement generally is seen as watering down distracted driving laws.

Read about Iowa’s distracted driving laws.

In Wyoming, an effort to water down the new text messaging law was defeated in the legislative process. So as of July 1, distracted drivers face primary enforcement with fines of $75.

Sen. Floyd Esquibel, D-Cheyenne, said that while his newly minted law banning text messaging does apply to all drivers, it is aimed at the generation hooked on texting. The new law is “primarily for an age group that is already at high risk simply because of age,” he said after the measure was approved.

Latest news on Wyoming’s ban on text messaging.

In Georgia, it was drama on deadline for the text messaging and cell phone bills approved by the Legislature. The governor threatened vetoes, citing enforcement issues. “None of this business is black and white,” Gov. Sonny Perdue said.

Safety advocates, lawmakers and students lobbied furiously in the final days of the legislative session for Perdue to sign the bills, which he did with no time to spare.

Georgia’s new distracted driving laws take effect July 1. Text messaging will be banned for all drivers. Drivers under the age of 18 are prohibited from using cell phones, regardless of whether a hands-free device is attached. Young drivers also are banned from using laptop computers and portable games. Violations will cost motorists $150.

No such problems in Connecticut, where Gov. Jodie Rell approved her own plan to toughen existing distracted driving laws. This ends the previous law’s policy of forgiveness for some first-time offenders.

Connecticut had already outlawed text messaging while driving, handheld cell phone use by adults and all cell phone use by teenage drivers. Fines for violations now increase to $100 (first offense), then $150 and $200 instead of the current $100. Also, the law’s wording specifically bans texting while driving, reportedly not clear before.

In Vermont, Gov. James Douglas signed into law a ban on text messaging and on cell phone use for drivers under 18. Fines start out at $100 for first offenders and then escalate to $250. The laws are effective immediately.

In Kansas, a ban on text messaging while driving has been signed into law by Gov. Mark Parkinson. The ban goes into effect Jan. 1.

On the local front, Clemson, S.C.; Missouri City, Texas; and Belpre, Ohio, are the latest cities to ban texting.

Jim Doyle joined a growing line of governors who enacted distracted driving laws this legislative season. Right before him was Michigan Gov. Jennifer Granholm, whose texting-ban signing ceremony was broadcast live on “The Oprah Winfrey Show.”

Wisconsin’s new distracted driving law (from Assembly Bill 496) provides for fines ranging from $20 to $400. The offense is targeted for primary enforcement, which means law office can stop violators for that reason alone.

Enforcement begins Dec. 1.

“For far too long, inattentive driving has been a serious problem in Wisconsin and across the country,” Gov. Doyle said after the April 5 signing. “This bill is an important step to make our roads safer and save lives.”

AAA chief Robert Darbelnet praised the new distracted driving law, while noting that half the states are in the no-texting camp: “Last year, 12 states enacted text messaging bans for all drivers and we anticipate that several more states will act against this dangerous source of driver distraction this year,” he said.

Six states have enacted driving while texting prohibitions this year.

Wisconsin’s distracted driving bill was introduced in October, and actively worked throughout the legislative season by the state’s Senate and Assembly. The Senate signed off on the bill April 13. Final approval came in the Assembly on May 4 and the governor signed it the next day.

Doyle has enacted several key pieces of driver safety legislation on his watch.

Wisconsin has no limits on the use of mobile phones while driving.

The House and Senate approved Kentucky’s ban on texting while driving April 1. Two weeks later, the bill became law.

No drama there: Gov. Steve Beshear banned text messaging for state employees in 2009. He previously called the texting plan (HB 415) “a common-sense bill to protect all Kentucky drivers.”

Kentucky’s new distracted driving rules also outlaw the use of personal communications devices by motorists under the age of 18 with learner’s permits.

Rep. Tom Riner, sponsor of HB 415, called the passage “nothing short of a miracle.”

Fines are $25 (first offense) and then $50, plus court costs. Drivers will be issued warnings until Jan. 1.

Nebraska Gov. Dave Heineman signed that state’s texting ban into law on April 13. It calls for secondary enforcement, which was a downgrade from the bill’s original intent.

Fines begin July 1. They are $200 for first offense; $300 for second; and $500 plus three points on the driver’s license for repeat violations.

Legislative Bill 945, authored by Sen. John Harms, Scottsbluff, cleared the full Legislature on April 8, in a 38-2-9 vote. Harms previously succeeded in prohibiting cell phone use and texting by drivers under 18.

Twenty-three states now have banned text messaging while driving. So far in 2010, Iowa and Wyoming also prohibited the practice.

Gov. Chris Gregoire signed the distracted driving legislation on March 26, clearing the way for enforcement to begin June 10.

“To those who have said to me that it’s no different than having a cup of coffee, the coffee doesn’t talk back to me,” Gregoire said at the signing. “Coffee doesn’t have anything to say to me. A cell phone does,” she said.

(This story has been updated twice.)

On March 11, the civil war ended as the House agreed with the Senate that the state’s bans on text messaging and handheld cell phone use should be toughened. The plan now goes to the governor, who has indicated he would sign it.

“I’ve fought for this for 10 years, and sometimes I thought this day would never come,” said Sen. Tracey Eide, the bill’s sponsor. “Maybe now people will pay attention to their driving instead of their conversations.”

Eide, D-Federal Way, led the Senate on March 6 in rejecting the House’s attempt to water down her legislation that would elevate distracted driving offenses to “primary enforcement.”

The day before, the Seattle Times called representatives “a House of wimps,” adding: “this gutless group failed to approve meaningful legislation to combat this dangerous practice.”

Rep. Dan Roach, R-Bonney Lake, has been called out by several newspapers for his efforts to derail tougher distracted driving laws.

Meanwhile, in Iowa, the House and Senate have gone down different roads as well. The House approved a ban on text messaging for all drivers several weeks ago — and the Senate concurred — but on Monday representatives downshifted the legislation into a prohibition of handheld electronics devices that only applies to teen drivers.

(background below — material above updated on March 12.)

The Washington state standoff could continue if the House again sends watered-down legislation back to the Senate. The issue also could go to a joint committee that would seek some kind of compromise — although there is no obvious middle ground between the two types of enforcement.

“It is a long way from being done,” Eide told the Seattle TImes.

Secondary enforcement is a common way of weakening legislation designed to halt texting and cell phoning while behind the wheel. It’s been used across the nation for compromise bills and for amendments tacked onto stronger bills. While primary enforcement empowers law officers to stop and cite offenders as they would for most moving violations, secondary enforcement means police need another reason to stop offenders before issuing the ticket.

The state Senate voted Feb. 5 to toughen Washington’s law against texting and the use of handheld cell phones by targeting violators with primary (full) enforcement.

The House agreed with most of the bill, but on March 3 rejected its call for primary enforcement for adult cell phone violations.

The Senate then rejected the House changes in a Saturday session, on March 6.

He’s proposed legislation in the Senate that would upgrade enforcement of the state’s 2008 texting law from “secondary” to “primary.” That means law officers can stop and cite text-messaging drivers for that reason alone.

“This bill will take the handcuffs off our law enforcement officers and make our highways safer by allowing officers to observe a violation and immediately issue a summons,” Paterson said in a statement on SB 222 Wednesday.

The state reports that about 200 tickets have been written since last November, when New York’s texting while driving law took effect.

Secondary enforcement — usually the result of a fallback position adopted by legislators seeking distracted driving laws — has come under increasing fire from safety groups. In Washington state, the Senate has OK’d a plan to hike its texting while driving law from secondary to primary enforcement.

New York counties and cities have continued to adopt local texting bans because of the secondary provision at the state level. “New York State’s law doesn’t have any teeth,” an Erie County lawmaker said as he pushed through a regional texting plan.

Assembly Transportation Committee Chairman David Gantt, D-Rochester, who long resisted efforts to get a text messaging law in place, said he would review the legislation.

New York was a leader in cell-phone restrictions on drivers, passing its widely copied hands-free law in 2001. Text-messaging legislation gained enough momentum to get past Gantt after an upstate crash killed five teens.

The fine for text messaging and driving in New York state is $150.

Simitian came out in defense of his ban on drivers’ use of handheld cell phones, armed with California Highway Patrol data. “A lot of folks are sitting down to dinner with their families every day, who might otherwise not have made it,” he said.

CHP numbers show a 20 percent reduction in fatalities and collisions in the six months following implementation of that California cell phone ban. The bill was signed into law in 2006 and went into effect on July. 1, 2008.

Simitian said 2009 was equally successful, based on preliminary numbers: “That translates to at least 700 fewer fatalities and 75,000 to 100,000 fewer collisions each year.”

He said CHP numbers also showed “an immediate drop” of 40 percent to 50 percent in accidents blamed on cell phone use.

A widely cited (and criticized) insurance industry study found “no notable change was apparent coincident with enactment of the state’s hand-held cellphone ban.” Researchers from the Highway Loss Data Institute looked at data from insurance collision claims of vehicles under 3 years old and did not include accidents in which claims were not submitted.

Simitian has called the release of the study’s findings “largely a nonevent” due to the limits of its data. The publicity generated by the HLDI study most likely inspired Simitian’s release of the CHP figures.

California’s number of cell phone subscriptions and the number of drivers have increased significantly over the period, his July 17 press release stated, making the data “doubly compelling.”

“We’ve been able to reduce the number of deaths and crashes even as we’ve seen more drivers and more cell phones out on the highway.”

Simitian also authored the 2008 legislation that banned text messaging while driving on California’s roads and highways.

The vast majority of distracted driving legislation went nowhere in 2009 — surprising for a year in which so much publicity was generated over the issue — but a handful of states got past the debates and took their safety concerns to the streets.

The focus now moves from the legislatures to the law enforcement agencies, where enforcement could be spotty.

• In Illinois, text messaging is now illegal for all drivers. Fines are $75. House Bill 72 was signed into law on Aug. 6. The state also banned drivers from using cell phones in school speed zones and construction/road maintenance zones.
• In New Hampshire, text messaging has been outlawed for all drivers. “It is clear that texting while driving poses a serious danger on our roadways,” Gov. John Lynch said as he approved the anti-texting legislation House Bill 34. Fines are $100.
• In Kansas, drivers with restricted (learning) licenses cannot use cell phones or texting devices. This is the state’s first restriction on mobile phone use (HB 2143)
• In Oregon, drivers are not be allowed to text message and cell phone use will be limited to adult motorists using hands-free attachments. Tickets are pegged at $142.

In Canada, two provinces got in line with the nationwide distracted driving trend:

• In British Columbia, drivers still have a month before getting tickets for using a handheld cell phone or text messaging while driving. After that, the tickets will cost $167.
• In Saskatchewan, the use of cell phones without a hands-free device or texting will cost drivers $280 and points.

And a handful of regional bans also swung into action, including:

• The Big Island of Hawaii has outlawed the use of handheld cell phones while behind the wheel. Violations will cost up to $150. Drivers causing accidents while using a mobile electronic device while driving on the Big Island are subject to $500 fines.
• Austin has prohibited use of Internet-related activities while driving, such as texting, Tweeting, using iPhone applications and visiting web sites. The ban went into effect Jan. 1, but enforcement begins Feb. 1 in the form of $500 tickets.
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