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Health & Fitness

Gov. McDonnell Takes Action on Del. Anderson's Texting Bill

Gov. Bob McDonnell will recommend several amendments to HB 1907, Virginia's texting-while-driving bill patroned by Del. Rich Anderson of Woodbridge.

RICHMOND – This morning, Gov. Robert F. McDonnell announced that he has made minor amendments to HB (House Bill) 1907, which was patroned by Del. Richard L. Anderson (R-Prince William) to strengthen Virginia’s existing texting-while-driving laws. He made the announcement after completing his Constitutionally-required actions on Monday night on bills that were passed by the 2013 General Assembly session.

During the 2013 legislative session that ran from January 9th to February 23rd, Del. Anderson was the Chief Patron of HB 1907, a bill to strengthen Virginia state code that deals with texting while driving. Seven texting bills were submitted this year by delegates from around the state, and they were all “rolled into” Del. Anderson’s bill, a legislative term meaning that all other texting proposals were combined with Anderson’s bill and he assumed leadership responsibility for successfully navigating the bill through the Virginia House and Senate.

Anderson’s HB 1907 originally contained two key elements:  First, that the offense be elevated from a secondary to a primary offense to further empower law enforcement officials to ensure safety on Virginia’s roads. Currently, 35 other states carry texting while driving as a primary offense. Second, that the fine for an initial offense be elevated from $20 to $250 and each subsequent offense be elevated from $50 to $500 and stand as a normal traffic offense.

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The governor’s two amendments include a reduction in the proposed fines to align them with penalty levels for driving-while-intoxicated and reckless driving ($125 for first offenses and $250 for subsequent offenses), as well as a requirement that the Virginia Department of Criminal Justice Services make training available to state and local law enforcement agencies for enforcing this new law. In releasing his statement about these amendment, Gov. McDonnell stated that “texting…can cause crashes, injuries and deaths on Virginia highways. Drivers should concentrate on their responsibility of operating a motor vehicle safely and…should avoid texting and other distractions the can take their attention away from the roadway.”

During last year’s 2012 General Assembly legislative session, Anderson had patroned a bill that simply elevated the law from a secondary to a primary offense, but the bill failed in subcommittee.  Soon after returning to Woodbridge after the 2012 session, two Lake Ridge sisters approached Anderson and asked him to patron a bill during the 2013 session in the wake of the April 2012 death of their brother as the result of a texting driver.

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After months of research and discussion with other Virginia legislators and lawmakers from other states, Anderson crafted and submitted his bill. He also consulted with organizations such as DRIVE SMART Virginia and the Virginia Coalition for Distraction Free Driving. He also worked with the National Conference of State Legislatures (NCSL), where he serves on the NCSL Executive Committee that governs the affairs of this national legislative organization.

In late February, Anderson’s HB 1907 passed the House with a wide vote margin of 92-4 and the Senate with a large margin of 28-12.  In the House, 42 of Anderson’s colleagues on both sides of the aisle signed onto the bill as Co-Patrons, which stamped the bill with wide bipartisan support.

Janet Brookings, executive director of Richmond-based DRIVE SMART Virginia and a spokesperson for the Virginia Coalition for Distraction Free Driving, stated that “by making texting and driving a primary law, millions of Virginia citizens would take the issue seriously and obey the law.” She further said that “when this new law takes effect, the impact on traffic safety in Virginia will be monumental.”

Anderson responded by saying that “I’m pleased with the result because I received hundreds of communiqués from our Prince William neighbors supporting the bill, and only one email not supporting it. This is validated by recent polls that indicate that Virginians support measures to deter texting while driving by a 5-1 margin. I was also pleased to work in a bipartisan way with Sen. George L. Barker (D-39th), who has done good work on this issue in previous years and carried a companion texting bill in the Senate.”

Dan Schrad, executive director of the Virginia Association of Chiefs of Police, observed that “law enforcement [officials] are pleased to have additional tools at their disposal that help increase traffic safety on Virginia’s roadways. We’ll now work collectively to ensure officers understand the new law and apply it evenly across the Commonwealth.”

When the General Assembly returns to Richmond on April 3rd to consider vetoes and amendments made by Gov. McDonnell to bills sent to him by the legislature, both bodies will consider the governor’s amendments to Anderson’s HB 1907. Both Anderson and DRIVE SMART Virginia’s Janet Brooking are pleased with the governor’s amendments, and Anderson plans to stand on the House Floor and ask his colleagues to vote to accept Gov. McDonnell’s adjustments.

Said Anderson, “through the eyes of others who have lost family members to texting drivers, and my own observations while driving on a frequent and regular basis between my Prince William home and the Virginia State Capitol, I’ve seen firsthand the statewide threat posed by texters behind the wheel. I’ve seen the pain in the eyes of my Woodbridge neighbors who lost their brother to a texting driver, and my real focus has been to protect Virginia families and prevent the needless loss of life and personal injury that has resulted in the Commonwealth.”

Anderson concluded by saying that “I can’t wait to stand behind Gov. McDonnell with families who have lost loved ones and watch him put pen to paper in making HB 1907 the law of the Commonwealth.”

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