BILL ANALYSIS �
SB 194
Page 1
SENATE THIRD READING
SB 194 (Galgiani)
As Introduced February 7, 2013
Majority vote
SENATE VOTE :35-3
TRANSPORTATION 15-0 APPROPRIATIONS 16-1
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|Ayes:|Lowenthal, Linder, |Ayes:|Gatto, Harkey, Bigelow, |
| |Achadjian, Ammiano, | |Bocanegra, Bradford, Ian |
| |Bonta, Buchanan, Daly, | |Calderon, Campos, Eggman, |
| |Frazier, Gatto, Holden, | |Gomez, Hall, Holden, |
| |Logue, Morrell, Nazarian, | |Linder, Pan, Quirk, |
| |Patterson, | |Wagner, Weber |
| |Quirk-Silva | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Donnelly |
| | | | |
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SUMMARY : Prohibits persons under the age of 18 from using an
electronic wireless telephone while driving, even if it is
equipped with a hands-free device. Specifically, this bill :
1)Prohibits persons under the age of 18 from using a hands-free
wireless communications device while driving.
2)Makes related, clarifying and conforming changes.
EXISTING LAW :
1)Prohibits cell phone use while driving unless a hands-free
device is used.
2)Prohibits drivers from texting while driving unless the
messages are transmitted using voice-operated, hands-free
texting technology.
3)Exempts the action of activating or deactivating a function or
feature on an electronic wireless communication device from
the prohibition of texting while driving.
SB 194
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FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor non-reimbursable costs to cities and counties for
enforcement, offset to some extent by fine revenues.
2)Minor absorbable costs to the California Highway Patrol (CHP).
COMMENTS : In 2006, SB 1613 (Simitian), Chapter 290, passed
prohibiting persons from using a wireless telephone while
driving a motor vehicle unless the device is configured to allow
for hands-free listening and talking. The following year, SB 33
(Simitian), Chapter 214, Statutes of 2007, was passed,
prohibiting persons under the age of 18 from using a wireless
telephone while driving even if the device allowed for
hands-free use. That same year, SB 28 (Simitian), Chapter 270,
Statutes of 2007 also passed prohibiting persons from writing,
sending or reading text-based communications while driving.
AB 1536 (Miller), Chapter 92, Statutes of 2012, was passed with
the intent of bringing existing law up to speed with modern
technology. Specifically, AB 1536 authorized sending and
receiving text messages while driving as long as it is done
using voice operated, hands-free texting technology. Arguing in
favor of AB 1536, the sponsor, The Alliance of Automobile
Manufacturers (Alliance), noted that voice operated, hands-free
texting was essentially the same as hands-free calling, which is
already authorized. The Alliance also noted that many drivers
frequently disregard the texting while driving ban and, in the
absence of authorizing voice-operated, hands-free texting
technology, drivers would likely continue to carry on with the
hazardous practice of texting while driving.
While AB 1536 sought to modernize existing statute, that bill
failed to specify whether or not drivers under the age of 18
were authorized to use the voice-operated, hands-free texting
technology. Given this lack of specificity, it could be
interpreted that AB 1536 authorized the use of voice-operated,
hands-free texting technology by drivers under the age of 18
despite the fact that other laws expressly prohibit hands-free
calling for that same age group.
By introducing this bill, the author intends to clarify that the
SB 194
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use of voice-operated, hands-free texting technology is
expressly prohibited for drivers under age 18. Writing in
support of this bill, the Automobile Club of Southern California
(AAA) notes that California's teen drivers are the most
dangerous on the road and that novice drivers need to expend a
great deal of manual, visual, and cognitive attention to the
task of driving. AAA also notes that using electronic devices
while driving pulls attention away from the task of driving and,
this is particularly troublesome for novice drivers.
Related legislation : AB 313 (Frazier) of 2013, would have
repealed the provisions of AB 1536 entirely. AB 313 passed out
of the Assembly Transportation Committee, but later was held in
the Assembly Appropriations Committee.
Previous legislation : AB 1536 (Miller), Chapter 92, Statutes of
2012, allows drivers to dictate, send, or listen to text-based
communications as long as they do so using technology
specifically designed and configured to allow voice-operated and
hands-free operation.
SB 1310 (Simitian) of 2012, would have increased the penalties
related to using a wireless communications device while
operating a vehicle, and would have added dangers of talking or
texting while driving to the list of items that the Department
of Motor Vehicles (DMV) must include in an examination for a
driver's license. That bill was vetoed by the Governor on the
grounds that current fines already serve as a powerful deterrent
and that upping the fines would likely not further reduce
violations.
SB 33 (Simitian), Chapter 214, Statutes of 2007, prohibits a
person under the age of 18 years from using a wireless telephone
or other electronic device equipped with a hands-free device
while driving a motor vehicle.
SB 28 (Simitian), Chapter 270, Statutes of 2007, prohibits a
person from writing, sending, or reading text-based
communications while operating a motor vehicle, even if the
device is equipped with a hands-free device.
SB 1613 (Simitian), Chapter 290, Statutes of 2006, makes it an
infraction for any person to drive a motor vehicle while using a
wireless phone, unless it is designed and configured to allow
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hands-free listening and talking and is used in that manner
while driving.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093
FN: 0001428