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