BILL ANALYSIS                                                                                                                                                                                                    



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          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.  









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          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  








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          "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  



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