BILL NUMBER: SB 1613	CHAPTERED
	BILL TEXT

	CHAPTER  290
	FILED WITH SECRETARY OF STATE  SEPTEMBER 15, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 15, 2006
	PASSED THE SENATE  AUGUST 31, 2006
	PASSED THE ASSEMBLY  AUGUST 29, 2006
	AMENDED IN ASSEMBLY  AUGUST 24, 2006
	AMENDED IN ASSEMBLY  AUGUST 21, 2006
	AMENDED IN ASSEMBLY  AUGUST 9, 2006
	AMENDED IN ASSEMBLY  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  JUNE 20, 2006
	AMENDED IN SENATE  MAY 3, 2006

INTRODUCED BY   Senator Simitian
   (Principal coauthor: Assembly Member Garcia)
   (Coauthors: Assembly Members Berg, Frommer, and Koretz)

                        FEBRUARY 24, 2006

   An act to add Section 12810.3 to, and to add and repeal Section
23123 of, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1613, Simitian  Vehicles: wireless telephones.
   Under existing law, motor vehicle operation is regulated, and
drivers must follow many legal requirements or face criminal
sanctions. Under existing law, it is a crime for a person to drive a
schoolbus or transit vehicle while using a wireless telephone, except
for certain work-related or emergency purposes.
   This bill would make it an infraction, operative July 1, 2008, 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. This
offense would be punishable by a base fine of $20 for a first
offense and $50 for each subsequent offense.
   The bill would provide that this prohibition does not apply to a
person who is using the cellular telephone to contact a law
enforcement agency or public safety entity for emergency purposes, or
to an emergency services professional while he or she operates an
authorized emergency vehicle, as specified. The bill also would
prohibit the assignment of a violation point for a violation of the
above.
   The bill, until July 1, 2011, also would provide that this
prohibition does not apply to a person when using a digital 2-way
radio service that utilizes a wireless telephone that operates by
depressing a push-to-talk feature and does not require immediate
proximity to the ear of the user, and that person is driving a motor
truck or truck tractor, as respectively defined, a listed or
described implement of husbandry, a listed farm vehicle, a tow truck,
or a commercial vehicle, as defined, used in commercial agricultural
operations.
   The bill would specify that these provisions do not apply to a
person driving a schoolbus or transit vehicle that is subject to
certain existing wireless telephone usage restrictions, and would
specify that the restrictions contained in this bill do not apply to
a person while driving a motor vehicle on private property.
   By creating a new infraction, this bill would impose a
state-mandated local program.
  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 no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the
California Wireless Telephone Automobile Safety Act of 2006.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) There are significant safety benefits associated with the
availability of wireless communication technologies, including, but
not limited to, providing assistance that helps save lives and
minimizes property damage.
   (b) On a daily basis, California drivers make thousands of
wireless telephone emergency 911 calls.
   (c) The availability of wireless telephones in motor vehicles
allows motorists to report accidents, fires, naturally occurring
life-threatening situations, including, but not limited to, rock
slides and fallen trees, other dangerous road conditions, road rage,
dangerous driving, criminal behavior, including drunk driving, and
stranded motorist situations.
   (d) There is growing public concern regarding the safety
implications of the widespread practice of using hand-held wireless
telephones while operating motor vehicles.
   (e) It is in the best interests of the health and welfare of the
citizens of the state to enact one uniform motor vehicle wireless
telephone use law that establishes statewide safety guidelines for
use of wireless telephones while operating a motor vehicle.
  SEC. 3.  Section 12810.3 is added to the Vehicle Code, to read:
   12810.3.  (a) Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123.
   (b) The section shall become operative on July 1, 2008.
  SEC. 4.  Section 23123 is added to the Vehicle Code, to read:
   23123.  (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed
and configured to allow hands-free listening and talking, and is used
in that manner while driving.
   (b) Notwithstanding subdivision (a) of Section 42001 or any other
provision of law, a violation of this section is an infraction
punishable by a base fine of twenty dollars ($20) for a first offense
and fifty dollars ($50) for each subsequent offense.
   (c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
   (d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
   (e) This section does not apply to a person when using a digital
two-way radio that utilizes a wireless telephone that operates by
depressing a push-to-talk feature and does not require immediate
proximity to the ear of the user, and the person is driving one of
the following vehicles:
   (1) (A) A motor truck, as defined in Section 410, or a truck
tractor, as defined in Section 655, that requires either a commercial
class A or class B driver's license to operate.
   (B) The exemption under subparagraph (A) does not apply to a
person driving a pickup truck, as defined in Section 471.
   (2) An implement of husbandry that is listed or described in
Chapter 1 (commencing with Section 36000) of Division 16.
   (3) A farm vehicle that is exempt from registration and displays
an identification plate as specified in Section 5014 and is listed in
Section 36101.
   (4) A commercial vehicle, as defined in Section 260, that is
registered to a farmer and driven by the farmer or an employee of the
farmer, and is used in conducting commercial agricultural
operations, including, but not limited to, transporting agricultural
products, farm machinery, or farm supplies to, or from, a farm.
   (5) A tow truck, as defined in Section 615.
   (f) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
   (g) This section does not apply to a person while driving a motor
vehicle on private property.
   (h) This section shall become operative on July 1, 2008, and shall
remain in effect only until July 1, 2011, and, as of July 1, 2011,
is repealed.
  SEC. 5.  Section 23123 is added to the Vehicle Code, to read:
   23123.  (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed
and configured to allow hands-free listening and talking, and is used
in that manner while driving.
   (b) Notwithstanding subdivision (a) of Section 42001 or any other
provision of law, a violation of this sections is an infraction
punishable by a base fine of twenty dollars ($20) for a first offense
and fifty dollars ($50) for each subsequent offense.
   (c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
   (d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
   (e) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
   (f) This section does not apply to a person while driving a motor
vehicle on private property.
   (g) This section shall become operative on July 1, 2011.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.