BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 28|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 28
Author: Simitian (D)
Amended: 8/4/08
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 52-24, 8/13/08 - See last page for vote
SUBJECT : Motor vehicles: electronic wireless
communications device
SOURCE : Author
DIGEST : This bill bans the use of text messaging devices
by drivers.
Assembly Amendments delete the prior version of the bill,
which dealt with the transmission of personal information
and, instead, add the current language.
ANALYSIS :
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.
CONTINUED
SB 28
Page
2
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.
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.
5. Prohibits a violation point from being given for a
conviction under this bill's provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, minor
CONTINUED
SB 28
Page
3
one-time costs, probably less than $50,000 in 2008-09, to
the Department of the California Highway Patrol to modify
its enforcement policies and to educate the driving public
about the text messaging ban.
SUPPORT : (Verified 8/14/08)
Wireless providers :
AT&T
CTIA - The Wireless Association
Motorola
T-Mobile
Verizon Wireless
Insurance :
AAA California State Automobile Association & Automobile
Club Southern California
Association of California Insurance Companies
Liberty Mutual
Nationwide Insurance
Personal Insurance Federation of California
State Farm
Auto Safety Groups :
Center for Auto Safety
Consumers for Auto Reliability and Safety
Bicycle Groups :
California Bicycle Coalition
San Diego County Bicycle Coalition
Silicon Valley Bicycle Coalition
Driving Schools/Training :
Allied Driving School
National Traffic Safety Institute
Health Groups :
California Chiropractic Association
Health Net
ARGUMENTS IN SUPPORT : CTIA - The Wireless Association
states: "CTIA and the industry have long recognized the
importance of driver safety while operating a vehicle. The
safety of our consumers and others on the road is of the
CONTINUED
SB 28
Page
4
utmost importance to wireless carriers, manufacturers, and
suppliers. 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. There are many
activities that can lead drivers to take their eyes off of
the road, or their hands off of the wheel, and any
unnecessary activities should be avoided in order to create
a safer driving environment."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Beall, Berg, Berryhill,
Brownley, Caballero, Charles Calderon, Carter, Cook,
Coto, De La Torre, De Leon, DeSaulnier, Dymally, Eng,
Evans, Feuer, Fuentes, Furutani, Galgiani, Garcia,
Hancock, Hayashi, Hernandez, Horton, Huffman, Jones,
Karnette, Krekorian, Laird, Leno, Levine, Lieber, Lieu,
Ma, Mendoza, Mullin, Nava, Nunez, Parra, Plescia,
Portantino, Price, Ruskin, Salas, Saldana, Solorio,
Swanson, Torrico, Wolk, Bass
NOES: Adams, Anderson, Benoit, Blakeslee, DeVore, Duvall,
Emmerson, Fuller, Gaines, Garrick, Houston, Huff,
Jeffries, Keene, La Malfa, Nakanishi, Niello, Silva,
Smyth, Spitzer, Strickland, Tran, Villines, Walters
NO VOTE RECORDED: Davis, Maze, Sharon Runner, Soto
JJA:mw 8/14/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED