Bill banning cell phone use, texting while driving advances

CARSON CITY -- People who get caught text messaging or talking on a cell phone while driving would be guilty of a misdemeanor under a bill approved Tuesday by a legislative committee.

The Assembly Committee on Transportation voted 12-3 in favor of Assembly Bill 151, which seeks to prohibit people from using cell phones while behind the wheel, although they would be able to talk on a mobile phone if they used a hands-free device.

The bill, sponsored by Assemblyman Kelvin Atkinson, D-North Las Vegas, would impose a $50 fine for the first offense, $100 for the second offense and $250 for the third offense.

Republican Assembly members Scott Hammond of Las Vegas, and Mark Sherwood and Melissa Woodbury, both of Henderson, voted against the bill.

Atkinson said the bill is important because the law on distracted driving leaves it up to police to determine whether text messaging or talking on a mobile phone is a distraction. Witnesses who testified in an earlier hearing on the bill said text messaging while driving was a greater impairment than alcohol use.

AB151 is one of several bills seeking to limit mobile phone use by drivers and most similar to Senate Bill 140 by Sen. Shirley Breeden, D-Henderson, which was approved March 17 by the Senate Transportation Committee.

Breeden's bill calls for a $250 fine for anyone who uses a cell phone or texts while driving. A second offense would be a $500 fine. A third offense would result in a $1,000 fine and suspension of driving privileges for at least six months.

Atkinson's original bill addressed only texting . He amended it at the request of Assemblyman Harvey Munford, D-Las Vegas, who had a bill to restrict talking on hand-held phones while driving.

Atkinson's bill would make exceptions for law enforcement, emergency responders, and for two-way radio use by people working for regulated utilities.

Both Atkinson's and Breeden's bills would need to pass floor votes and be reconciled with each other before going to Gov. Brian Sandoval.

Dale Erquiaga, the governor's senior policy adviser, said Sandoval would support a texting ban.