BILL ANALYSIS SB 28 Page 1 SENATE THIRD READING SB 28 (Simitian) As Amended August 4, 2008 Majority vote SENATE VOTE :31-6 TRANSPORTATION 9-2 APPROPRIATIONS 12-4 ----------------------------------------------------------------- |Ayes:|DeSaulnier, Carter, |Ayes:|Leno, Caballero, Davis, | | |Furutani, Horton, | |DeSaulnier, Furutani, | | |Karnette, Nava, | |Huffman, Karnette, | | |Portantino, Ruskin, | |Krekorian, Lieu, Ma, | | |Solorio | |Nava, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Duvall, Huff |Nays:|Walters, Emmerson, La | | | | |Malfa, Nakanishi | | | | | | ----------------------------------------------------------------- SUMMARY : Bans the use of text messaging devices by drivers. Specifically, this bill : 1)Prohibits driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication which is defined as manually communicating with any person using text-based communication such as text-messaging, instant messaging and email. 2)Specifies that this prohibition does not include reading, selecting, or entering a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call. 3)Provides that a violation of this prohibition is an infraction and establishes a base fine of $20 for the first violation and $50 for each subsequent offense. 4)Excludes from this bill's prohibition any emergency professional who uses these devices while operating an emergency vehicle in the course and scope of his or her duties. SB 28 Page 2 5)Prohibits a violation point from being given for a conviction under this bill's provisions. EXISTING LAW : 1)Prohibits driving a motor vehicle while using 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. 2)Provides a penalty for a violation of that prohibition by a base fine of $20 for a first offense and $50 for each subsequent offense. 3)Prohibits a driver under 18 from using a wireless telephone, even if equipped with a hands-free device, or from using a mobile service device. 4)Exempts calls made to emergency service providers or calls made by emergency services professionals. 5)Exempts the use of the walkie-talkie, push-to-talk feature that is built into certain wireless telephones. FISCAL EFFECT : According to the Assembly Appropriations Committee, minor one-time costs, probably less than $50,000 in 2008-09, to the California Highway Patrol to modify its enforcement policies and to educate the driving public about the text messaging ban. COMMENTS : Effective July 1, 2008, it is an infraction to operate an automobile while using a wireless phone unless it is used in a hands-free mode. Additionally, pursuant to SB 33 (Simitian), Chapter 214, Statutes of 2007, provisional driver's license holders (i.e., those under the age of 18) may not use cell phones at all while driving, nor may they use the various mobile communications devices capable of "text-messaging." This bill, essentially extends the teen ban on text messaging to all drivers, regardless of age, and subjects them to the same penalty (base fines of $20 for the first offense and $50 for subsequent offenses; $76 and $190 respectively with penalties and other add-ons) that applies to the use of hand-held cell phones. (The existing teen ban on text-messaging refers to SB 28 Page 3 "mobile service devices" while this bill uses the term "electronic wireless communications devices." It is thought that the former term is more inclusive and would cover such items as citizens band radios and GPS devices.) The ban on hand-held cell phones enacted by SB 1613 (Simitian) Chapter 290, Statutes of 2006, was controversial, requiring several legislative attempts before finally being successful, despite substantial evidence that cell phone use, even in the hands-free mode, entails substantial danger. (Some evaluations have concluded that such use increases the likelihood of being involved in an accident by as much as four times.) Arguments at the time held that cell phone use is no more of a distraction than eating a hamburger or changing stations on a radio while driving. It is difficult to imagine, however, an argument in favor of allowing the driver of a high-speed, multi-ton, steel-and-glass vehicle to engage in an activity as strongly distracting as text-messaging. As expressed by the wireless industry's own trade association, "Drivers should refrain from taking their eyes off the road or their hands off the wheel for extended periods. Text messaging while driving usually requires drivers to engage in both behaviors." Similarly, the Association of California Insurance Companies contends that, "The danger inherent in such activity is manifest." Furthermore, according to a 2006 study by the Liberty Mutual Research Institute for Safety, texting is a teenager's primary driving distraction, which is why Liberty Mutual supports this bill as a means of making "California's roads safer." Finally, Verizon Wireless, which also supported SB 1613, asserts that while wireless devices save lives by facilitating emergency response to accidents, "we believe that the technology should be used responsibly. We encourage individuals not to engage in the act of texting while driving a motor vehicle." Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093 FN: 0006511