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SB 1310 - An Act to Amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 of the Vehicle Code, Relating to Vehicles.

Vehicles: electronic wireless communications devices: prohibitions. 2011-2012 Legislature. View bill details
Author(s):
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… More
(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. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Senate Vote: On Passage

PASSED on August 28, 2012.

voted YES: 28 voted NO: 9
3 voted present/not voting

An Act to Amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 of the Vehicle Code, Relating to Vehicles.

SB 1310 — 2011-2012 Legislature

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,… More
(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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 of the Vehicle Code, Relating to Vehicles.
Author(s)
Joe Simitian
Co-Authors
    Subjects
    • Vehicles: electronic wireless communications devices: prohibitions
    Major Actions
    Introduced2/23/2012
    Referred to Committee
    Passed Senate Committee on Transportation and Housing3/27/2012
    Passed Senate Committee on Appropriations4/30/2012
    Passed Senate5/14/2012
    Passed Assembly Committee on Transportation6/11/2012
    Passed Assembly Committee on Appropriations8/16/2012
    Passed Assembly8/23/2012
    Passed Senate8/28/2012
    Presented to the governor (enrolled)8/31/2012
    Vetoed by Governor9/28/2012
    Vetoed by Governor9/28/2012
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteSenate Committee on Transportation and HousingDo pass as amended, and re-refer to the Committee on Appropriations.3/27/2012This motion PASSED the Senate Committee on Transportation and Housing
    6 voted YES 1 voted NO 2 voted present/not voting
    select this voteSenate Committee on AppropriationsDo pass.4/30/2012This motion PASSED the Senate Committee on Appropriations
    5 voted YES 1 voted NO 1 voted present/not voting
    select this voteSenateSenate 3rd Reading SB1310 Simitian5/14/2012This bill PASSED the Senate
    24 voted YES 10 voted NO 6 voted present/not voting
    select this voteAssembly Committee on TransportationDo pass and be re-referred to the Committee on Appropriations.6/11/2012This motion PASSED the Assembly Committee on Transportation
    9 voted YES 3 voted NO 2 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass as amended.8/16/2012This motion PASSED the Assembly Committee on Appropriations
    12 voted YES 5 voted NO 0 voted present/not voting
    select this voteAssemblySB 1310 Simitian Senate Third Reading By ACHADJIAN8/23/2012This bill PASSED the Assembly
    50 voted YES 24 voted NO 6 voted present/not voting
    currently selectedSenateUnfinished Business SB1310 Simitian Concurrence8/28/2012This bill PASSED the Senate
    28 voted YES 9 voted NO 3 voted present/not voting
    ActionDateDescription
    Introduced2/23/2012
    2/23/2012Introduced. Read first time. To Com. on RLS. for assignment. To print.
    2/24/2012From printer. May be acted upon on or after March 25.
    3/08/2012Referred to Com. on T. & H.
    3/09/2012Set for hearing March 27.
    select this voteVote3/27/2012Do pass as amended, and re-refer to the Committee on Appropriations.
    3/28/2012From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 3035.) (March 27).
    3/29/2012Read second time and amended. Re-referred to Com. on APPR.
    4/20/2012Set for hearing April 30.
    4/25/2012From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
    select this voteVote4/30/2012Do pass.
    5/01/2012From committee: Do pass. (Ayes 5. Noes 1. Page 3388.) (April 30).
    5/02/2012Read second time. Ordered to third reading.
    5/14/2012Read third time. Passed. (Ayes 24. Noes 10. Page 3491.) Ordered to the Assembly.
    5/14/2012In Assembly. Read first time. Held at Desk.
    select this voteSenate Vote on Passage5/14/2012Senate 3rd Reading SB1310 Simitian
    5/25/2012Referred to Com. on TRANS.
    select this voteVote6/11/2012Do pass and be re-referred to the Committee on Appropriations.
    6/12/2012From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (June 11). Re-referred to Com. on APPR.
    8/08/2012Set, first hearing. Referred to APPR. suspense file.
    8/16/2012From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 16).
    select this voteVote8/16/2012Do pass as amended.
    8/20/2012Read second time and amended. Ordered to second reading.
    8/21/2012Read second time. Ordered to third reading.
    8/23/2012Read third time. Passed. (Ayes 50. Noes 24. Page 6213.) Ordered to the Senate.
    select this voteAssembly Vote on Passage8/23/2012SB 1310 Simitian Senate Third Reading By ACHADJIAN
    8/24/2012In Senate. Concurrence in Assembly amendments pending.
    8/28/2012Assembly amendments concurred in. (Ayes 28. Noes 9. Page 4900.) Ordered to engrossing and enrolling.
    currently selectedSenate Vote on Passage8/28/2012Unfinished Business SB1310 Simitian Concurrence
    8/31/2012Enrolled and presented to the Governor at 11:15 p.m.
    Vetoed9/28/2012Vetoed by the Governor.
    9/28/2012In Senate. Consideration of Governor's veto pending.

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    An Act to Amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 of the Vehicle Code, Relating to Vehicles.: Unfinished Business SB1310 Simitian Concurrence

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    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Elaine AlquistDCA-13$0$0
    Joel AndersonRCA-36$0$0
    Tom BerryhillRCA-14$0$0
    Sam BlakesleeRCA-15$0$0
    Ron CalderonDCA-30$0$0
    Anthony CannellaRCA-12$0$0
    Ellen CorbettDCA-10$0$0
    Lou CorreaDCA-34$0$0
    Kevin De LeonDCA-22$0$0
    Mark DeSaulnierDCA-7$0$0
    Bob DuttonRCA-31$0$0
    Bill EmmersonRCA-37$0$0
    Noreen EvansDCA-2$0$0
    Jean FullerRCA-18$0$0
    Ted GainesRCA-1$0$0
    Loni HancockDCA-9$0$0
    Tom HarmanRCA-35$0$0
    Ed HernandezDCA-24$0$0
    Bob HuffRCA-29$0$0
    Christine KehoeDCA-39$0$0
    Doug La MalfaRCA-4$0$0
    Mark LenoDCA-3$0$0
    Ted LieuDCA-28$0$0
    Carol LiuDCA-21$0$0
    Alan LowenthalDCA-27$0$0
    Gloria Negrete McLeodDCA-32$0$0
    Alex PadillaDCA-20$0$0
    Fran PavleyDCA-23$0$0
    Curren PriceDCA-26$0$0
    Michael RubioDCA-16$0$0
    Sharon RunnerRCA-17$0$0
    Joe SimitianDCA-11$0$0
    Darrell SteinbergDCA-6$0$0
    Tony StricklandRCA-19$0$0
    Juan VargasDCA-40$0$0
    Mimi WaltersRCA-33$0$0
    Lois WolkDCA-5$0$0
    Rod WrightDCA-25$0$0
    Mark WylandRCA-38$0$0
    Leland YeeDCA-8$0$0

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