Individual legislator voting records for this vote are not currently available. Includes all politicians who were in office at any point during the 2011-2012 Legislature.

SB 28 - An Act to Amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 Of, and to Add Sections 21213, 21213.5, 21214, and 23124.5 To, 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 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. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on July 14, 2011.

voted YES: 51 voted NO: 21
8 voted present/not voting

An Act to Amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 Of, and to Add Sections 21213, 21213.5, 21214, and 23124.5 To, the Vehicle Code, Relating to Vehicles.

SB 28 — 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 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,… 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 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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 Of, and to Add Sections 21213, 21213.5, 21214, and 23124.5 To, the Vehicle Code, Relating to Vehicles.
Author(s)
Joe Simitian
Co-Authors
Subjects
  • Vehicles: electronic wireless communications devices: prohibitions
Major Actions
Introduced12/06/2010
Referred to Committee
Passed Senate Committee on Transportation and Housing3/29/2011
Passed Senate Committee on Appropriations4/11/2011
Passed Senate4/25/2011
Passed Assembly Committee on Transportation6/13/2011
Passed Assembly Committee on Appropriations7/06/2011
Passed Assembly7/14/2011
Passed Senate8/15/2011
Presented to the governor (enrolled)8/22/2011
Vetoed by Governor9/06/2011
Vetoed by Governor9/06/2011
Bill History
Chamber/CommitteeMotionDateResult
select this voteSenate Committee on Transportation and HousingDo pass, but re-refer to the Committee on Appropriations.3/29/2011This motion PASSED the Senate Committee on Transportation and Housing
6 voted YES 3 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass as amended.4/11/2011This motion PASSED the Senate Committee on Appropriations
5 voted YES 1 voted NO 3 voted present/not voting
select this voteSenateSenate 3rd Reading SB28 Simitian4/25/2011This bill PASSED the Senate
24 voted YES 12 voted NO 4 voted present/not voting
select this voteAssembly Committee on TransportationDo pass and be re-referred to the Committee on Appropriations.6/13/2011This motion PASSED the Assembly Committee on Transportation
13 voted YES 1 voted NO 0 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass as amended.7/06/2011This motion PASSED the Assembly Committee on Appropriations
10 voted YES 5 voted NO 2 voted present/not voting
currently selectedAssemblySB 28 Simitian Senate Third Reading By ACHADJIAN7/14/2011This bill PASSED the Assembly
51 voted YES 21 voted NO 8 voted present/not voting
select this voteSenateUnfinished Business SB28 Simitian8/15/2011This bill PASSED the Senate
23 voted YES 13 voted NO 4 voted present/not voting
ActionDateDescription
Introduced12/06/2010
12/06/2010Introduced. Read first time. To Com. on RLS. for assignment. To print.
12/07/2010From printer. May be acted upon on or after January 6.
1/20/2011Referred to Com. on T. & H.
3/04/2011Set for hearing March 29.
3/23/2011From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.
select this voteVote3/29/2011Do pass, but re-refer to the Committee on Appropriations.
3/30/2011From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3. Page 495.) (March 29). Re-referred to Com. on APPR.
4/01/2011Set for hearing April 11.
4/07/2011From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
select this voteVote4/11/2011Do pass as amended.
4/13/2011From committee: Do pass as amended. (Ayes 5. Noes 1. Page 599.) (April 11).
4/14/2011Read second time and amended. Ordered to third reading.
4/25/2011Read third time. Passed. (Ayes 24. Noes 12. Page 710.) Ordered to the Assembly.
4/25/2011In Assembly. Read first time. Held at Desk.
select this voteSenate Vote on Passage4/25/2011Senate 3rd Reading SB28 Simitian
5/02/2011Referred to Com. on TRANS.
select this voteVote6/13/2011Do pass and be re-referred to the Committee on Appropriations.
6/14/2011From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 1.) (June 13). Re-referred to Com. on APPR.
select this voteVote7/06/2011Do pass as amended.
7/06/2011From committee: Do pass as amended. (Ayes 10. Noes 5.) (July 6).
7/07/2011Read second time and amended. Ordered to second reading.
7/11/2011Read second time. Ordered to third reading.
7/14/2011Read third time. Passed. (Ayes 51. Noes 21. Page 2335.) Ordered to the Senate.
7/14/2011In Senate. Concurrence in Assembly amendments pending.
currently selectedAssembly Vote on Passage7/14/2011SB 28 Simitian Senate Third Reading By ACHADJIAN
8/15/2011Assembly amendments concurred in. (Ayes 23. Noes 13. Page 1912.) Ordered to engrossing and enrolling.
select this voteSenate Vote on Passage8/15/2011Unfinished Business SB28 Simitian
8/22/2011Enrolled and presented to the Governor at 10 a.m.
Vetoed9/06/2011Vetoed by the Governor.
9/06/2011In Senate. Consideration of Governor's veto pending.
2/29/2012Consideration of Governor's veto stricken from file.

Total contributions given to Assemblymembers from interest groups that…

6 Organizations Supported and 1 Opposed; See Which Ones

Organizations that took a position on
An Act to Amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 Of, and to Add Sections 21213, 21213.5, 21214, and 23124.5 To, the Vehicle Code, Relating to Vehicles.: SB 28 Simitian Senate Third Reading By ACHADJIAN

6 organizations supported this bill

California Bicycle Coalition
Senate Transportation & Housing Committee (2011, March 24). Senate Committee Analysis. Retrieved March 30, 2011, from Leg. Info.
Consumers for Auto Reliability and Safety
Senate Transportation & Housing Committee (2011, March 24). Senate Committee Analysis. Retrieved March 30, 2011, from Leg. Info.
Driving School Association of California, Inc.
Senate Transportation & Housing Committee (2011, March 24). Senate Committee Analysis. Retrieved March 30, 2011, from Leg. Info.
Metropolitan Transportation Commission
Senate Transportation & Housing Committee (2011, March 24). Senate Committee Analysis. Retrieved March 30, 2011, from Leg. Info.
Traffic Safety Consultants, Inc.
Senate Transportation & Housing Committee (2011, March 24). Senate Committee Analysis. Retrieved March 30, 2011, from Leg. Info.
Verizon Communications
Senate Transportation & Housing Committee (2011, March 24). Senate Committee Analysis. Retrieved March 30, 2011, from Leg. Info.

1 organization opposed this bill

Taxpayers for Improving Public Safety
Assembly Committee on Transportation (2011, June 10). Assembly Committee Analysis. Retrieved June 12, 2011, from Leg. Info.

Need proof?

View citations of support and opposition

Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2011 – December 31, 2012.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Katcho AchadjianRCA-33$4,000$0
Luis AlejoDCA-28$1,000$0
Michael AllenDCA-7$0$0
Tom AmmianoDCA-13$0$0
Toni AtkinsDCA-76$12,800$0
Jim BeallDCA-24$0$0
Bill BerryhillRCA-26$8,200$7,800
Marty BlockDCA-78$14,900$0
Bob BlumenfieldDCA-40$2,300$0
Susan BonillaDCA-11$4,300$0
Steven BradfordDCA-51$11,000$0
Julia BrownleyDCA-41$0$0
Joan BuchananDCA-15$2,800$0
Betsy ButlerDCA-53$3,200$0
Charles CalderonDCA-58$0$0
Nora CamposDCA-23$1,000$0
Wilmer Amina CarterDCA-62$0$0
Gilbert CedilloDCA-45$0$0
Wesley ChesbroDCA-1$0$0
Connie ConwayRCA-34$10,500$8,000
Paul CookRCA-65$0$0
Mike DavisDCA-48$0$0
Roger DickinsonDCA-9$0$0
Tim DonnellyRCA-59$0$6,000
Mike EngDCA-49$0$0
Mike FeuerDCA-42$0$0
Nathan FletcherRCA-75$0$0
Paul FongDCA-22$1,000$0
Felipe FuentesDCA-39$0$0
Warren FurutaniDCA-55$0$0
Beth GainesRCA-4$0$1,000
Cathleen GalgianiDCA-17$0$0
Martin GarrickRCA-74$0$0
Mike GattoDCA-43$8,679$0
Rich GordonDCA-21$4,000$0
Jeff GorellRCA-37$2,000$0
Shannon GroveRCA-32$1,000$2,000
Curt HagmanRCA-60$0$0
Linda HaldermanRCA-29$0$0
Isadore HallDCA-52$5,500$0
Diane HarkeyRCA-73$3,000$0
Mary HayashiDCA-18$0$0
Roger HernandezDCA-57$5,000$0
Jerry HillDCA-19$6,710$0
Alyson HuberDCA-10$0$0
Ben HuesoDCA-79$11,092$0
Jared HuffmanDCA-6$0$0
Kevin JeffriesRCA-66$0$0
Brian JonesRCA-77$5,500$1,000
Steve KnightRCA-36$0$0
Ricardo LaraDCA-50$6,800$0
Dan LogueRCA-3$0$0
Bonnie LowenthalDCA-54$0$0
Fiona MaDCA-12$0$0
Allan MansoorRCA-68$0$7,800
Tony MendozaDCA-56$0$0
Jeff MillerRCA-71$3,000$12,200
Holly MitchellDCA-47$1,000$0
Bill MonningDCA-27$0$0
Mike MorrellRCA-63$0$1,000
Brian NestandeRCA-64$4,000$0
Jim NielsenRCA-2$0$0
Chris NorbyRCA-72$0$2,000
Kristin OlsenRCA-25$0$0
Richard PanDCA-5$6,500$0
Henry PereaDCA-31$10,193$0
John PerezDCA-46$19,000$0
Manuel PerezDCA-80$2,950$0
Anthony PortantinoDCA-44$0$0
Jim SilvaRCA-67$0$0
Nancy SkinnerDCA-14$5,000$0
Cameron SmythRCA-38$0$0
Jose SolorioDCA-69$0$0
Sandre SwansonDCA-16$0$0
Norma TorresDCA-61$0$0
David ValadaoRCA-30$0$0
Don WagnerRCA-70$0$0
Bob WieckowskiDCA-20$1,000$0
Das WilliamsDCA-35$14,200$0
Mariko YamadaDCA-8$1,000$0

Add Data Filters:

Legislator Filters
Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Katcho AchadjianRCA-33$4,000$0
Luis AlejoDCA-28$1,000$0
Michael AllenDCA-7$0$0
Tom AmmianoDCA-13$0$0
Toni AtkinsDCA-76$12,800$0
Jim BeallDCA-24$0$0
Bill BerryhillRCA-26$8,200$7,800
Marty BlockDCA-78$14,900$0
Bob BlumenfieldDCA-40$2,300$0
Susan BonillaDCA-11$4,300$0
Steven BradfordDCA-51$11,000$0
Julia BrownleyDCA-41$0$0
Joan BuchananDCA-15$2,800$0
Betsy ButlerDCA-53$3,200$0
Charles CalderonDCA-58$0$0
Nora CamposDCA-23$1,000$0
Wilmer Amina CarterDCA-62$0$0
Gilbert CedilloDCA-45$0$0
Wesley ChesbroDCA-1$0$0
Connie ConwayRCA-34$10,500$8,000
Paul CookRCA-65$0$0
Mike DavisDCA-48$0$0
Roger DickinsonDCA-9$0$0
Tim DonnellyRCA-59$0$6,000
Mike EngDCA-49$0$0
Mike FeuerDCA-42$0$0
Nathan FletcherRCA-75$0$0
Paul FongDCA-22$1,000$0
Felipe FuentesDCA-39$0$0
Warren FurutaniDCA-55$0$0
Beth GainesRCA-4$0$1,000
Cathleen GalgianiDCA-17$0$0
Martin GarrickRCA-74$0$0
Mike GattoDCA-43$8,679$0
Rich GordonDCA-21$4,000$0
Jeff GorellRCA-37$2,000$0
Shannon GroveRCA-32$1,000$2,000
Curt HagmanRCA-60$0$0
Linda HaldermanRCA-29$0$0
Isadore HallDCA-52$5,500$0
Diane HarkeyRCA-73$3,000$0
Mary HayashiDCA-18$0$0
Roger HernandezDCA-57$5,000$0
Jerry HillDCA-19$6,710$0
Alyson HuberDCA-10$0$0
Ben HuesoDCA-79$11,092$0
Jared HuffmanDCA-6$0$0
Kevin JeffriesRCA-66$0$0
Brian JonesRCA-77$5,500$1,000
Steve KnightRCA-36$0$0
Ricardo LaraDCA-50$6,800$0
Dan LogueRCA-3$0$0
Bonnie LowenthalDCA-54$0$0
Fiona MaDCA-12$0$0
Allan MansoorRCA-68$0$7,800
Tony MendozaDCA-56$0$0
Jeff MillerRCA-71$3,000$12,200
Holly MitchellDCA-47$1,000$0
Bill MonningDCA-27$0$0
Mike MorrellRCA-63$0$1,000
Brian NestandeRCA-64$4,000$0
Jim NielsenRCA-2$0$0
Chris NorbyRCA-72$0$2,000
Kristin OlsenRCA-25$0$0
Richard PanDCA-5$6,500$0
Henry PereaDCA-31$10,193$0
John PerezDCA-46$19,000$0
Manuel PerezDCA-80$2,950$0
Anthony PortantinoDCA-44$0$0
Jim SilvaRCA-67$0$0
Nancy SkinnerDCA-14$5,000$0
Cameron SmythRCA-38$0$0
Jose SolorioDCA-69$0$0
Sandre SwansonDCA-16$0$0
Norma TorresDCA-61$0$0
David ValadaoRCA-30$0$0
Don WagnerRCA-70$0$0
Bob WieckowskiDCA-20$1,000$0
Das WilliamsDCA-35$14,200$0
Mariko YamadaDCA-8$1,000$0

Interest Groups that supported this bill

$ Donated
Education$124,000
Paging & cellular phones and services$76,624
Public official (elected or appointed)$3,500
Consumer groups$0
Bicycles & other non-motorized recreational transportation$0

Interest Groups that opposed this bill

$ Donated
Fiscal & tax policy$48,800
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