California 2011-2012 Regular Session Status: To Executive

SB 1310 — Vehicles: electronic wireless communications devices: prohibitions.

Last action — In Senate. Consideration of Governor's veto pending.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 cellular 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 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 $30 and the fine for a 2nd or subsequent offense from $50 to $60. (4) This bill would incorporate additional changes to Section 12804.9 of the Vehicle Code proposed by AB 2188, to become operative only if AB 2188 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (5) This bill would incorporate additional changes to Section 23123.5 of the Vehicle Code proposed by AB 1536, to become operative only if AB 1536 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

Bill Text

Action History

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

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 11:15 p.m.

  4. Assembly amendments concurred in. (Ayes 28. Noes 9. Page 4900.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 50. Noes 24. Page 6213.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 16).

  10. Set, first hearing. Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (June 11). 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 10. Page 3491.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 5. Noes 1. Page 3388.) (April 30).

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

  18. Set for hearing April 30.

  19. Read second time and amended. Re-referred to Com. on APPR.

  20. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 3035.) (March 27).

  21. Set for hearing March 27.

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

  23. From printer. May be acted upon on or after March 25.

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

Sponsors

  • Simitian · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Simitian

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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 SB1310 Simitian Concurrence

Passed 28 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 26803
Democratic 2000
Republican 0100
Total 28903
% of votes cast 70%23%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Corbett — Yea
Evans — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Rubio — Yea
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wyland — Not Voting
Cannella — Nay
Runner — Not Voting
Negrete McLeod — Not Voting
Anderson — Nay
Dutton — Nay
Walters — Nay
Alquist — Yea
Blakeslee — Yea
Harman — Yea
Huff — Nay
Vargas — Yea
Wright — Yea
Emmerson — Yea
Correa — Nay
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 1310 Simitian Senate Third Reading By ACHADJIAN

Passed 50 Yea · 24 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 492206
Democratic 1000
Republican 0200
Total 502406
% of votes cast 63%30%0%8%
How each member voted (80)
Member Party Vote
Gorell — Nay
Halderman — Nay
Carter — Yea
Brownley — Yea
Galgiani — Yea
Butler — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Hill — Yea
Huber — Yea
Ma — Yea
Williams — Yea
Yamada — Yea
Campos — Yea
Atkins — Yea
Gordon — Yea
Hagman — Nay
Chesbro — Yea
Hall — Yea
Harkey — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Not Voting
Conway — Nay
Dickinson — Yea
Donnelly — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Gatto — Yea
Davis — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Blumenfield — Yea
Lara — Not Voting
Huffman — Yea
Jeffries — Yea
Bonilla — Not Voting
Portantino — Not Voting
Perea — Yea
Torres — Not Voting
Skinner — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Bradford — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Mansoor — Nay
Silva — Nay
Swanson — Yea
Cook — Nay
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
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 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Mitchell — Yea
Fuentes — Yea
Hill — Yea
Cedillo — Yea
Donnelly — Nay
Norby — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 9 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9302
Total 9302
% of votes cast 64%21%0%14%
How each member voted (14)
Member Party Vote
Bonilla — Yea
Portantino — Not Voting
Furutani — Yea
Jeffries — Nay
Blumenfield — Yea
Norby — Nay
Solorio — Yea
Achadjian — Yea
Buchanan — Yea
Logue — Nay
Miller — Not Voting
Eng — Yea
Galgiani — Yea
Bonnie Lowenthal — Yea

Official roll call →

3rd Reading

Passed 24 Yea · 10 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 24904
Democratic 0101
Republican 0001
Total 241006
% of votes cast 60%25%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Lowenthal — Yea
De León — Yea
Rubio — Yea
Fuller — Nay
Dutton — Nay
Hancock — Yea
Negrete McLeod — Nay
Hernandez — Yea
Huff — Nay
Kehoe — Yea
Leno — Yea
Anderson — Nay
Blakeslee — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Runner — Not Voting
Harman — Not Voting
Alquist — Yea
Pavley — Yea
Steinberg — Yea
Wolk — Yea
Cannella — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Dutton — Nay
Lieu — Yea
Price — Yea
Walters — Not Voting
Alquist — Yea
Kehoe — Yea
Steinberg — Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 1310 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 cellular 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 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 $30 and the fine for a 2nd or subsequent offense from $50 to $60. (4) This bill would incorporate additional changes to Section 12804.9 of the Vehicle Code proposed by AB 2188, to become operative only if AB 2188 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (5) This bill would incorporate additional changes to Section 23123.5 of the Vehicle Code proposed by AB 1536, to become operative only if AB 1536 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.
Who sponsors SB 1310?
SB 1310 is sponsored by Simitian.
What is the current status of SB 1310?
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 1310?
Track SB 1310 free on One Click Politics — get push/email alerts when it moves.

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