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Bills Proposing Ban on Cellphone Texting Gaining Support

Support is growing in Congress to pass legislation to ban texting while driving. Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., is said to be planning a bill to that effect, possibly to be released Wednesday, according to sources familiar with the effort. The committee has rescheduled a hearing that was planned Wednesday on the matter to Oct. 28, the committee said Tuesday. Transportation Secretary Ray LaHood and FCC Chairman Julius Genachowski are scheduled to testify.

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Rep. Carolyn McCarthy, D-N.Y., introduced a bill (HR-3535) that would withhold federal highway funds from states that don’t enact laws prohibiting texting while driving. It’s similar to S-1536, introduced in July by Sen. Chuck Schumer, D-N.Y. Both bills have a handful of co-sponsors, none Republicans. Schumer plugged his bill at a Transportation Department summit on the topic last month (CD Oct 1 p1). He told the summit that states probably won’t act without a push from Congress.

Both bills would require DOT to withhold 25 percent of highway money from states that don’t pass anti-texting laws within a year after a federal law ordering the ban is enacted. State laws could provide exemptions for emergencies, the congressional bills say. But to comply with the bills, a state law would need to set a “minimum” penalty for a first offense and increased penalties for multiple convictions.

Verizon Wireless said it supports state and federal legislation to ban texting and e-mailing while driving, Senior Vice President Howard Woolley said on Tuesday. The carrier said it “broke from the rest of its competitors” in 2000 by supporting laws requiring use of only hands-free communications devices while driving. Verizon said it requires its employees to use hands-free devices in vehicles while on company business. Sprint supports state and federal legislation, said a statement from Senior Vice President Vonya McCann.

The CTIA didn’t comment Tuesday on the proposed congressional legislation. But the group said at the DOT summit it supports state but not federal legislation on texting while driving. Motor vehicle laws are traditionally handled at the state level, President Steve Largent said. An industry lobbyist familiar with the issue said wireless companies may grumble privately about congressional involvement but won’t oppose legislation because it is a “no win” for them.