CHARLESTON — A proposed ban on text-messaging while driving will have to wait until December interims after hitting a dead zone last week.

That's when the joint legislative committee working on the bill lacked a quorum to take any action. They talked about the bill, but made no progress, as not enough members of the Select Committee on Infrastructure showed up for the meeting.

One delegate, Daryl Cowles, R-Morgan, complained about the lack of progress. He referred to previous failed efforts to pass a ban on cell phone use and texting while driving, including one that died in committee on the last day of the regular session.

"We seem to get bogged down in minutiae," he said. "I'm a little frustrated. It's a slam-dunk issue."

The group had intended to vote on an amendment offered by Delegate Nancy Guthrie, D-Kanawha, that would have made texting a primary offense - meaning something a driver could get pulled over for.

As they were about to take up the issue, Delegate Jonathan Miller, R-Berkeley, called attention to the missing members, and a roll call confirmed the lack of a quorum. Exactly half of the committee's 20 members - 15 delegates and five senators - were there, but only one was a senator. They needed three.

As drafted, the bill:

n Prohibits writing, sending or receiving a text message with a "wireless communications device while operating a motor vehicle."

n Includes instant messages and e-mails as forms of texting.

n Makes texting a secondary offense, meaning a driver can't be pulled over by police for it but can be charged if pulled over for another matter.

n Makes conviction a misdemeanor with fines of $25, $50 and $75 respectively for first, second and third offenses.

n Prohibits additional court costs on top of the fines

n Exempts texting in certain emergency situations.
Guthrie proposed an amendment that would make texting a primary offense, a misdemeanor with fines of $50, $100, $150 for first, second and third offenses. There would be no court costs and no points on the driver's record.

The amendment would make cell phone use without a hands-free device, except for defined emergencies, a secondary offense with fines of $25, $50 and $75 for first, second and third offenses.

Dale Martin, D-Putnam, said before the meeting that the committee intends to make texting a primary offense. Delegate Dale Stephens, D-Cabell, wondered who would determine whether a driver's cell phone use was acceptable if that driver happened to get pulled over and who could prove that the driver had a real emergency, or was lying about it.

Committee counsel Betty Caplan said that it would be up to the police officer making the stop. Caplan also told members that the legislation, if it passes, could dovetail with federal legislation co-sponsored by U.S. Sen. Jay Rockefeller, D-W.Va. The federal "Distracted Driving Prevention Act of 2009" creates a grant program for states that enact laws to prohibit texting and hand-held cell phone use while driving.

To qualify, a state would have to enact an absolute ban on texting while driving, with significant penalties for any driver who caused an accident. States also would have to limit cell phone use to devices with hands-free capabilities.


 

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