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)

New Mexico: Cell phone laws, legislation

Cell phone, text messaging legislation news: The New Mexico House approved a ban on handheld cell phone use and text messaging for drivers on Feb. 9, 2010. The governor is a strong supporter of distracted driving prohibitions.

Current prohibitions:
No statewide limits on cell phones except for their use by driving students and drivers of state vehicles.

Local ordinances restrict driving while cell phoning in Albuquerque, Gallup, Taos, Santa Fe, Las Cruces and Espanola.

2010 legislation:

HB 10: Would ban handheld cell phone use by drivers, text messaging and similar wireless communications. Hands-free operation OK. Train operators banned from all cell phone use. School bus operators cannot use cell phones except for official business. Fines for drivers $25. Approved by the House in a 35-30 vote on Feb. 9, 2010 and sent to the Senate Public Affairs Committee. (Lujan, Garcia)

SB 89: Would outlaw text messaging while driving in New Mexico. Fines $50 then $100. Approved by the Judiciary Committee on Feb. 8. (Fischmann) (Also SB 188 by Lovejoy)

2010 legislation notes:
Gov. Richardson has called distracted drivers “a menace to our streets.”

Richardson backed HB 10, which would ban use of handheld wireless communications devices for all drivers. “We’ve all seen drivers swerving around the road while talking on the phone and texting, putting the safety and lives of New Mexicans in danger,” Richardson said Dec. 15.

HB 10 sponsor Rep. Antonio Lujan, D-Las Cruces, has been working for distracted driving legislation for at least four years.

Violators under HB 10 would have been fined $250 in the original bill, but that was cut to $25 in committee.

2009 legislation:
HB 301 would prohibit text messaging while operating a motor vehicle. Approved by the New Mexico House on Feb. 26 and sent to the Senate.

SB 341: Would ban reading, writing and sending text messages while driving. (Appears identical to HB 301.) Approved by the Senate on March 5 and sent to the House.

2009 legislation notes:
Rep. Lujan introduced HB 301, which would outlaw text messaging while operating a motor vehicle. The bill was approved in the House on a 35-24 vote but did not advance in the Senate. It called for a $100 fine per violation, high for the state. “(Texting while behind the wheel) seems to be much more hazardous and becoming more and more prevalent,” Lujan said.

Sen. Lynda Lovejoy, D-Crownpoint, authored the Senate version of the text messaging legislation. “I have young adult children, and I have a whole slew of nieces and nephews, and when I travel with them it is very frightening when they use their text messaging,” she said. The bill was approved in the Senate on a 22-15 vote.

Local cell phone/texting laws:
Las Cruces’ ban on text messaging and use of handheld cell phones while driving went into effect Feb. 4, 2010. The City Council approved the plan Dec. 7.

Espanola‘s ban on drivers’ use of handheld cell phones is in effect as of July 1, 2009. Police chief Julian Gonzales had this advice for citizens: “Stay off the phone, quit texting, drive your vehicle, pull over if you have to.”

The Gallup city council voted Dec. 11, 2008, to punish distracted driving resulting from text messaging, cell phones, applying make-up, etc.

Santa Fe’s local ban on use of hand-held cell phones while driving survived an attempted repeal on June 9, 2008. Councilors voted 6-2 to keep the ordinance, first enacted in 2001. The city is averaging 124 tickets a month, the Santa Fe New Mexican reported.

Councilor Rebecca Wurzburger wants to hike the fine from $100 to $500: “We should experiment with expanding this law, not retracting it,” she said. Other councilors said they would support extending the ban to all use of cell phones while driving, including those with hands-free devices.

Previous legislation:
The Legislature considered a ban on cell phone use without a hands-free device in 2006, but the legislation failed to clear committee.

Nebraska: Cell phone laws, legislation

Distracted driving update: Nebraska’s lawmakers and governor have approved a ban on texting while driving. The ban, which calls for only “secondary enforcement,” was approved by the governor on April 13 and takes effect July 1.

Current prohibitions:
Text messaging outlawed for all drivers on Nebraska’s roads and highways (effective July 1).

Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones.

2010 legislation:
Nebraska Legislative Bill 945: Would outlaw text messaging by all drivers. Secondary offense. Fines $200 for first offense; $300 for second; and $500 plus three points on the motorist’s license for subsequent violations. Approved by the Transportation and Telecommunications Committee on March 2 and then, finally, by the full Legislature on April 8 (38-2-9 vote). The measure was sent to Gov. Dave Heineman, who signed it into law on April 13. (Harms)

2010 Nebraska legislation notes:
Sen. John Harms, Scottsbluff, is the author of Legislative Bill 945. It is the senator’s follow-up to his successful campaign to ban teens from texting and using cell phones while behind the wheel. Heineman vetoed the previous distracted driving measure for teens, but was overridden.

March 16′s first-round vote on the 2010 texting bill was 27-19 — with only two “yes” votes to spare over what is needed for passage.

An earlier Associated Press survey of Nebraska state legislators found 22 of them in favor of a texting ban. Five were opposed. (Six were unsure and 16 did not respond.)

A man who lost his 16-year-old daughter in an accident linked to another teen’s distracted driving testified Feb. 9 in support of LB 945. “I’m sure you wouldn’t want to tell me (in case of a death), ‘I’m sorry, I was just making a very important call. I was just dialing,” Rob Reynolds said. The Reynolds family started a safe driving campaign in honor of their daughter, Cady. The transportation committee approved the bill on March 2.

Previous legislation notes:
The ban on young drivers’ use of cell phones was enacted despite the governor’s veto. The bill was LB 415.

Sen. Norm Wallman, Cortland, who opposed LB 415, said the law shouldn’t apply to just teenagers. He told the World Herald that he would support a bill prohibiting all drivers from using cell phones.

“I figured if we are going to restrict teenagers we should restrict us all,” he said. “I’m definitely against texting.”

“Technology is getting ahead of us,” said former state Sen. Jim Cudaback of Riverdale, who sponsored an unsuccessful 2006 bill to prohibit cell phone use while driving. “(Legislative bills) shouldn’t be reactive but proactive.

“Nebraska is conservative, so some senators may need to see a need for this law before they approve it,’” he said. He introduced a similar bill in 2001.

National Transportation Safety Board representative Kathryn Higgins testified before a Nebraska Legislature panel in 2006, urging limits on cell phone use by young drivers.