LINCOLN — Several state lawmakers signaled Tuesday that they're ready to get tough on texting while driving, informally rejecting a proposal to soften up a proposed bill banning the activity.
Six senators on the eight-member Transportation and Telecommunications Committee voiced opposition to a suggestion that texting while driving be made a “secondary” offense — like Nebraska's seat-belt law — rather than a “primary” offense.
You can be ticketed for a secondary offense only if you're pulled over for another offense, such as speeding. A primary offense, meanwhile, is grounds by itself for a traffic stop.
Kearney Sen. Galen Hadley said that while a seat-belt law is a self-protection measure, preventing someone from texting while behind the wheel can save another motorist's life.
“I think it's important enough that it should be a primary offense,” Hadley said. “I don't want a texter to hit me head-on because they're not paying attention.”
Sen. Deb Fischer of Valentine, chairwoman of the Transportation Committee, had suggested that the texting measure, Legislative Bill 945, be amended to be a secondary offense, like the seat-belt law.
Fischer cited testimony by law enforcment officials who said an anti-texting law would be difficult to enforce. Another committee member, Sen. Tim Gay of Papillion, questioned whether he would get pulled over for dialing a number on his cell phone.
But even Gay was among six senators who said texting while driving needs to carry the more serious status of a primary offense, citing studies that suggest it is as dangerous as driving while drunk.
The senators also voiced support for maintaining the proposed penalties. Under LB 945, a first offense would mean a $200 fine and the loss of three points on a driver's license. The fine would be $300 for a second offense and $500 for a third or subsequent offense.
Nineteen states ban texting by all drivers, while nine — including Nebraska — ban it only for young drivers. The Iowa Legislature is considering a bill that would ban texting while driving.
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