BILL NUMBER: SB 28	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 19, 2008

INTRODUCED BY   Senator Simitian

                        DECEMBER 4, 2006

    An act to add and repeal Section 1672.7 of the Vehicle
Code, relating to the Department of Motor Vehicles.   An
act to amend Section 23123 of the Vehicle Code, relating to
vehicles. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 28, as amended, Simitian.  Department of Motor
Vehicles: personal information.   Motor vehicles: mobile
service device.  
   (1) Under existing law, on and after July 1, 2008, it will be an
infraction for any person to drive a motor vehicle while using a
wireless telephone, unless that telephone is designed and configured
to allow hands-free listening and talking operation, and is used in
that manner while driving, except as otherwise provided. A violation
point is not given for a violation. A violation is punishable by a
base fine of $20 for a first offense and $50 for each subsequent
offense.  
   This bill would also prohibit the use of a mobile service device,
as defined, and would add other, specified exceptions to these
provisions. By creating a new infraction, the bill would impose a
state-mandated local program.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law requires the Department of Motor Vehicles, upon
proper application, to issue an original driver's license or
identification card, or a renewal, duplicate, or replacement driver's
license or identification card.  
   This bill would prohibit the department from issuing, renewing,
duplicating, or replacing a driver's license or identification card,
if the license or card uses radio waves to either transmit personal
information remotely or to enable personal information to be read
from the license or card remotely.  
   This bill would provide that its provisions shall remain in effect
only until January 1, 2011, and as of that date would be repealed.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 23123 of the   Vehicle
Code   , as amended by Section 2 of Chapter 214 of the
Statutes of 2007, is amended to read: 
   23123.  (a) A person shall not drive a motor vehicle while using a
 mobile service device or a  wireless telephone unless that
telephone is specifically designed and configured to allow
hands-free listening and talking, and is used in that manner while
driving.  As used in this section, "mobile service device"
includes, but is not limited to, a broadband personal communication
device, a specialized mobile radio device, a handheld device or
laptop computer with mobile data access, a pager, or a two-way
messaging device. 
   (b) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
   (d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
   (e) This section does not apply to a person when using a digital
two-way radio that utilizes a wireless telephone that operates by
depressing a push-to-talk feature and does not require immediate
proximity to the ear of the user, and the person is driving one of
the following vehicles:
   (1) (A) A motor truck, as defined in Section 410, or a truck
tractor, as defined in Section 655, that requires either a commercial
class A or class B driver's license to operate.
   (B) The exemption under subparagraph (A) does not apply to a
person driving a pickup truck, as defined in Section 471.
   (2) An implement of husbandry that is listed or described in
Chapter 1 (commencing with Section 36000) of Division 16.
   (3) A farm vehicle that is exempt from registration and displays
an identification plate as specified in Section 5014 and is listed in
Section 36101.
   (4) A commercial vehicle, as defined in Section 260, that is
registered to a farmer and driven by the farmer or an employee of the
farmer, and is used in conducting commercial agricultural
operations, including, but not limited to, transporting agricultural
products, farm machinery, or farm supplies to, or from, a farm.
   (5) A tow truck, as defined in Section 615.
   (f) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
   (g) This section does not apply to a person while driving a motor
vehicle on private property. 
   (h) This section does not apply to the equipment specified in
subdivision (b) of Section 27602 when installed in a vehicle. 

   (h) 
   (i)  This section shall become operative on July 1, 2008,
and shall remain in effect only until July 1, 2011, and, as of July
1, 2011, is repealed.
   SEC. 2.    Section 23123 of the   Vehicle
Code   , as amended by Section 3 of Chapter 214 of the
Statutes of 2007, is amended to read: 
   23123.  (a) A person shall not drive a motor vehicle while using a
 mobile service device or a  wireless telephone unless that
telephone is specifically designed and configured to allow
hands-free listening and talking, and is used in that manner while
driving.  As used in this section, "mobile service device"
includes, but is not limited to, a broadband personal communication
device, a specialized mobile radio device, a handheld device or
laptop computer with mobile data access, a pager, or a two-way
messaging device. 
   (b) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
   (d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
   (e) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
   (f) This section does not apply to a person while driving a motor
vehicle on private property. 
   (g) This section does not apply to the equipment specified in
subdivision (b) of Section 27602 when installed in a vehicle. 

   (g) 
    (h)  This section shall become operative on July 1,
2011.
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 1672.7 is added to the
Vehicle Code, to read:
   1672.7.  1672.7. (a) The department shall not issue an original
driver's license, issue an original identification card pursuant to
Section 13000, or issue a renewal, duplicate, or replacement driver's
license or identification card, if the license or card uses radio
waves either to transmit personal information remotely or to enable
personal information to be read from the license or card remotely.
   (b) For purposes of this section, the following definitions apply:

   (1) "Personal information" includes, but is not limited to, an
individual's name, address, telephone number, e-mail address, date of
birth, religion, ethnicity, photograph, fingerprint or other
biometric identification, driver's license number, California
Identification Card number, social security account number, or other
unique identifier.
   (2) "Reader" means a scanning device that is capable of using
radio waves to communicate with a driver's license or identification
card and read the personal information broadcast or transmitted by
that license or card.
   (3) "Remotely" means that physical contact between the driver's
license or identification card and a reader is not necessary in order
to transmit personal information.
   (c) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.