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