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Leaders, locals react to statewide texting ban; Arizona bill won’t take full effect until 2021

Posted 4/23/19

By Matt Roy, Independent Newsmedia

A day after lawmakers adopted a long-debated statewide texting ban, leaders and citizens are discussing the potential impact of the measure.

Gov. Doug Ducey …

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Leaders, locals react to statewide texting ban; Arizona bill won’t take full effect until 2021

Posted

By Matt Roy, Independent Newsmedia

A day after lawmakers adopted a long-debated statewide texting ban, leaders and citizens are discussing the potential impact of the measure.

Gov. Doug Ducey Monday signed into law House Bill 2318, a measure which criminalizes the use of hand-held electronic devices while driving.

Democrat Steve Farley — the former Tucson representative and senator who fell short last year in challenging incumbent Mr. Ducey for the state’s highest office — introduced a similar measure in each of his twelve years in the legislature.

But the law took 13 tries and 13 years to pass.

The partisan bill, sponsored this year by Rep. Noel Campbell (R-Dist. 1) and Rep. David Stringer (R-Dist.1), passed last Thursday on a bipartisan 44-16 vote in the House and a 20-9 approval in the Senate.

Mr. Farley said the bill’s eventual passage is good for the state, though he regrets it took so long.

“When I introduced the bill in January 2007, I was the first legislator in the country to do so. It was new. Nobody had the law,” Mr. Farley said. “We had the chance to be number one. We ended up being number 48.”

With Gov. Ducey’s signature on the ban in Arizona, only two states are yet to adopt a similar measure, Missouri and Montana. Mr. Farley asserted the delay in passing the bill has taken a real toll on Arizonans.

“It’s actually really upsetting because there are a lot of people who lost their lives between that maybe wouldn’t have if we’d made if very clear that this is a practice that is not tolerated in any way, shape or form. It’s sad that it’s taken this long, but I’m glad we finally got there,” Mr. Farley said.

“It’s too bad it took yet another law enforcement official to give his life so this could happen,” he added, referring to Clayton Townsend, an officer from the Salt River Police Department, who was struck and killed by a distracted driver near Scottsdale in January.

Mr. Ducey during his Monday signing credited Officer Townsend’s mother, Toni Townsend, and her passionate testimony for inspiring the bill’s passage. Mr. Farley also praised the families of victims for continuing to push the issue.

“I’ve got to say that the real heroes here are the victim’s families, because to have the courage to year-after-year lay bare the darkest, most-horrible moment of your life in front of legislators to help them connect the dots, not everyone would be willing to do that,” Mr. Farley said. “They were determined that they didn’t want anybody else in the future to have to suffer the pain that they have suffered.”

While Arizona drivers have long awaited the texting ban, lives have been lost daily, according to one federal agency.

In one report, the National Highway National Highway Traffic Safety Administration estimated distracted drivers were responsible for 3,166 deaths in 2017 alone, while another of their surveys identified phone-distracted driving as a pervasive problem nationwide.

The agency in 2015 published its National Survey on Distracted Driving Attitudes and Behavior, the third in a series of phone surveys conducted to gauge drivers’ self-reported behaviors and attitudes.

Their findings revealed 94% of every-day drivers reported owning a cell phone, while 42% reported answering their phones and 9% admitted to occasionally sending text messages or emails while driving.

Respondents also supported laws to ban using handheld devices while driving, with 74% of respondents favoring a ban on cell phone use and 92% percent supporting a texting ban.

But despite broad popular support, some local drivers have raised concerns about the new law. Surprise resident Rick Brown took to social media Monday to voice his opposition.

“This just further grows the already out of control police state and that means less freedom in general. We already have reckless driving laws on the books. This is nothing more than a revenue generation tool for the state just like red light cameras were. How quickly Arizona decides to move in the direction of states like California is seriously disheartening in every way possible,” Mr. Brown stated.

Some in the online community, however, defended the measure.

“I think your arguments elevate personal freedom over personal responsibility. It’s like shooting into the sky. A simple act of self-satisfaction can bring devastation onto an innocent party. The intention means nothing since the risk is well known. It’s dangerous and criminal to choose to be distracted while driving,” stated Lorna Elaine.

Others, like Lainie Antolik, echoed the call for responsible and safe driving practices.

“Driving is not a Constitutional right. You get your drivers’ license based on the skills you have and the rules you agree to follow. After you get your driving license, you must continue to demonstrate your ability to drive safely on the road,” Ms. Antolik stated.

The bill Monday was adopted as an emergency measure an took effect immediately. However, while law enforcement officials may begin pulling over distracted motorists to issue warnings, drivers won’t see citations and fines until January 2021 — 20 months from now.

And when the law takes full effect, anti-texting ordinances already on the books in municipalities around the state  — such as those adopted in Surprise and elsewhere — will be undone, according to Marc Lamber, a personal injury litigation attorney with the Arizona law firm Fennemore Craig.

“Local police can still issue citations enforcing existing use of cell phone restrictions in their municipalities. Once the state law becomes enforceable in January 2021, it will supersede all local ordinances and render them void,” Mr. Lamber stated in a commentary about HB 2318.