California 2011-2012 Regular Session Status: To Executive

SB 28 — Vehicles: electronic wireless communications devices: prohibitions.

Last action — Consideration of Governor's veto stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires the Department of Motor Vehicles to examine applicants for specific driver's licenses and requires that the examination include, among other things, a test of the applicant's knowledge and understanding of the provisions of the Vehicle Code governing the operation of vehicles upon the highways. This bill would require the department to include a test of the applicant's understanding of the distractions and dangers of handheld cell phone use and text messaging while operating a motor vehicle. (2) Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver's record for purposes of the suspension or revocation of the privilege to drive. Under existing law, it is 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 person under 18 years of age is prohibited from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device. A point is not given for a violation of these provisions. This bill would assess a violation point on a 2nd or subsequent violation of these provisions. (3) Under existing law, a person is prohibited from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, except as specified. This bill would require that this provision does not apply if the electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation to write, send, or read a text-based communication, and it is used in that manner while driving. The bill also would increase the base fines for a violation of any of the above-described prohibitions involving driving a motor vehicle while using a wireless telephone or electronic wireless communications device from $20 to $50 and the fine for a 2nd or subsequent offense from $50 to $100, would apply similar prohibitions to a person riding a bicycle, would impose a total fine of $20 for a first offense and $50 for each subsequent offense for a violation when the offense is committed while riding a bicycle, and would provide that a violation point is not given for a conviction of a violation while riding a bicycle. By expanding the scope of existing crimes, the bill would impose a state-mandated local program. (4) Existing law prohibits a law enforcement officer from stopping a vehicle for the sole purpose of determining whether the driver is violating the prohibition of driving a motor vehicle while using a wireless telephone. This bill would delete that prohibition. (5) Existing law requires that the base fines collected from violations of the Vehicle Code for crimes other than parking offenses are subject to distribution to specified funds of a state or local agency as set forth by statute or to the proper funds of a city or county, as applicable. This bill would require the county treasurer to submit $10 from each fine collected under this provision for violating the above-described prohibitions involving driving a motor vehicle while using a wireless telephone or electronic wireless communications device to the Controller, for deposit into the Distracted Driver Education Fund, which would be created in the State Treasury for an education program on the dangers of cell phone use and text messaging while driving, thereby imposing a state-mandated local program by imposing a new duty on local officials. The bill would require the Legislature, upon appropriation in the Budget Bill, to allocate this money to the Office of Traffic Safety in the Business, Transportation and Housing Agency for this purpose. The bill would authorize the county treasurer to also withhold a sufficient amount from each fine collected for violations involving riding a bicycle while using a wireless telephone or electronic wireless communications device to reimburse the courts in the county for their actual, reasonable, and necessary costs associated with processing violations under the law involving those prohibitions. (6) This bill would incorporate changes to Section 12804.9 of the Vehicle Code proposed by both this bill and AB 82, which would become operative only if both bills are enacted and become effective on or before January 1, 2012, but AB 82 becomes operative first, and this bill is enacted after AB 82. (7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 10 a.m.

  5. Assembly amendments concurred in. (Ayes 23. Noes 13. Page 1912.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 51. Noes 21. Page 2335.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered to second reading.

  10. From committee: Do pass as amended. (Ayes 10. Noes 5.) (July 6).

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 1.) (June 13). Re-referred to Com. on APPR.

  12. Referred to Com. on TRANS.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 24. Noes 12. Page 710.) Ordered to the Assembly.

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 599.) (April 11).

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  18. Set for hearing April 11.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3. Page 495.) (March 29). Re-referred to Com. on APPR.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  21. Set for hearing March 29.

  22. Referred to Com. on T. & H.

  23. From printer. May be acted upon on or after January 6.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Alquist · Cosponsor
  • Simitian · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Simitian

Co-sponsors (1)

  • Alquist

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business

Passed 23 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 1100
Republican 0100
Total 231304
% of votes cast 58%33%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Hancock — Yea
Corbett — Yea
Huff — Nay
Kehoe — Yea
Lowenthal — Yea
De León — Yea
Rubio — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Wolk — Yea
Runner — Not Voting
Negrete McLeod — Not Voting
Evans — Not Voting
Dutton — Nay
Alquist — Yea
Anderson — Nay
Harman — Nay
Hernandez — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Cannella — Nay
Emmerson — Not Voting
Correa — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 28 Simitian Senate Third Reading By ACHADJIAN

Passed 51 Yea · 21 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 501908
Democratic 1000
Total 512108
% of votes cast 64%26%0%10%
How each member voted (80)
Member Party Vote
Feuer — Yea
Butler — Yea
Carter — Yea
Cedillo — Yea
Hill — Yea
Cook — Yea
Fong — Yea
Allen — Yea
Swanson — Yea
Williams — Yea
Yamada — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Fletcher — Yea
Fuentes — Yea
Galgiani — Yea
Bonilla — Yea
Atkins — Yea
Gatto — Yea
Gordon — Yea
Hall — Yea
Hayashi — Yea
Hueso — Yea
Huffman — Yea
Ma — Yea
Mendoza — Yea
Block — Yea
Chesbro — Yea
Monning — Yea
Pan — Yea
Perea — Yea
Solorio — Yea
Wieckowski — Yea
Gorell — Not Voting
Hagman — Nay
Mitchell — Not Voting
Halderman — Nay
Conway — Nay
Harkey — Nay
Jeffries — Not Voting
Donnelly — Nay
Knight — Nay
Lara — Not Voting
Miller — Nay
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Valadao — Nay
Wagner — Nay
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Nay
Mansoor — Nay
Nielsen — Nay
Skinner — Yea
Torres — Not Voting
Eng — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Garrick — Nay
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 10 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9502
Democratic 1000
Total 10502
% of votes cast 59%29%0%12%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Mitchell — Yea
Hall — Yea
Harkey — Nay
Campos — Yea
Davis — Not Voting
Donnelly — Nay
Nielsen — Nay
Norby — Nay
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Lara — Not Voting
Wagner — Nay
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 241102
Republican 0100
Democratic 0002
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Hernandez — Yea
Liu — Yea
Simitian — Yea
Wyland — Nay
Lowenthal — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Nay
Evans — Yea
Fuller — Nay
Corbett — Yea
De León — Not Voting
Runner — Not Voting
Correa — Nay
DeSaulnier — Yea
Dutton — Nay
Huff — Nay
Leno — Yea
Pavley — Yea
Walters — Nay
Alquist — Yea
Anderson — Nay
Blakeslee — Yea
Harman — Nay
Kehoe — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Emmerson — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 5 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5103
Total 5103
% of votes cast 56%11%0%33%
How each member voted (9)
Member Party Vote
Alquist — Yea
Pavley — Yea
Price — Yea
Walters — Nay
Lieu — Not Voting
Runner — Not Voting
Kehoe — Yea
Steinberg — Yea
Emmerson — Not Voting

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 28 do?
(1) Existing law requires the Department of Motor Vehicles to examine applicants for specific driver's licenses and requires that the examination include, among other things, a test of the applicant's knowledge and understanding of the provisions of the Vehicle Code governing the operation of vehicles upon the highways. This bill would require the department to include a test of the applicant's understanding of the distractions and dangers of handheld cell phone use and text messaging while operating a motor vehicle. (2) Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver's record for purposes of the suspension or revocation of the privilege to drive. Under existing law, it is 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 person under 18 years of age is prohibited from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device. A point is not given for a violation of these provisions. This bill would assess a violation point on a 2nd or subsequent violation of these provisions. (3) Under existing law, a person is prohibited from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, except as specified. This bill would require that this provision does not apply if the electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation to write, send, or read a text-based communication, and it is used in that manner while driving. The bill also would increase the base fines for a violation of any of the above-described prohibitions involving driving a motor vehicle while using a wireless telephone or electronic wireless communications device from $20 to $50 and the fine for a 2nd or subsequent offense from $50 to $100, would apply similar prohibitions to a person riding a bicycle, would impose a total fine of $20 for a first offense and $50 for each subsequent offense for a violation when the offense is committed while riding a bicycle, and would provide that a violation point is not given for a conviction of a violation while riding a bicycle. By expanding the scope of existing crimes, the bill would impose a state-mandated local program. (4) Existing law prohibits a law enforcement officer from stopping a vehicle for the sole purpose of determining whether the driver is violating the prohibition of driving a motor vehicle while using a wireless telephone. This bill would delete that prohibition. (5) Existing law requires that the base fines collected from violations of the Vehicle Code for crimes other than parking offenses are subject to distribution to specified funds of a state or local agency as set forth by statute or to the proper funds of a city or county, as applicable. This bill would require the county treasurer to submit $10 from each fine collected under this provision for violating the above-described prohibitions involving driving a motor vehicle while using a wireless telephone or electronic wireless communications device to the Controller, for deposit into the Distracted Driver Education Fund, which would be created in the State Treasury for an education program on the dangers of cell phone use and text messaging while driving, thereby imposing a state-mandated local program by imposing a new duty on local officials. The bill would require the Legislature, upon appropriation in the Budget Bill, to allocate this money to the Office of Traffic Safety in the Business, Transportation and Housing Agency for this purpose. The bill would authorize the county treasurer to also withhold a sufficient amount from each fine collected for violations involving riding a bicycle while using a wireless telephone or electronic wireless communications device to reimburse the courts in the county for their actual, reasonable, and necessary costs associated with processing violations under the law involving those prohibitions. (6) This bill would incorporate changes to Section 12804.9 of the Vehicle Code proposed by both this bill and AB 82, which would become operative only if both bills are enacted and become effective on or before January 1, 2012, but AB 82 becomes operative first, and this bill is enacted after AB 82. (7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 28?
SB 28 is sponsored by Alquist and Simitian.
What is the current status of SB 28?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 28?
Track SB 28 free on One Click Politics — get push/email alerts when it moves.

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