The following was released by Kyle Cheney of the STATE HOUSE NEWS SERVICE on January 28, 2010.

STATE HOUSE, BOSTON, JAN. 28. 2010…..Texting while driving would be banned for all Massachusetts motorists and junior operators would also be banned from talking on cell phones while driving, under legislation backed by the Legislature’s Transportation Committee Thursday.

“It is impossible to drive a vehicle and text and do it safely,” said Sen. Steven Baddour, co-chair of the Transportation Committee, who joined co-chairman Rep. Joseph Wagner to support the bill, saying it would help stem an increasing number of accidents caused by texting motorists.

The issue immediately unleashed a slew of concerns among lawmakers who appeared to overwhelmingly back the texting ban but questioned whether penalties on junior operators – which include a temporary loss of license on a first offense – were too harsh, wondered about privacy concerns and, in some cases, said the bill should go farther and ban cell phone use for all drivers. Others wondered whether it is proper for the government to legislate “common sense.”

Although he said the proposed measure would be “one of the toughest laws on texting in the nation,” Wagner said he’d prefer a ban to block all drivers from using cell phones unless they attach hands-free devices, such as Bluetooth headsets. He fears, however, that such a measure wouldn’t pass the Senate, although he said he’d support an amendment to that effect if it were offered in the House.

Wagner and Baddour announced the measure at a press conference and minutes later the committee approved the bill on a unanimous voice vote.

The bill would punish drivers who text with a $100 fine on the first offense, a $250 fine on the second offense and $500 for any subsequent violations. Drivers found at fault for causing an accident as a result of texting would be punished under reckless driving laws, which call for punishments of up to two years in prison or a $200 fine.

For junior operators – 16- and 17-year-olds – texting or using a cell phone would result in a $100 fine and 180-day loss of license. A second offense would result in a $250 fine and yearlong loss of license, and subsequent offenses would result in a $500 fine and yearlong loss of license.

Emergency response officials would be exempt from the ban, as would emergency calls made by other public officials in the course of their jobs. Any public employees responsible for transporting the public would be barred from texting or using phones.

Some lawmakers on the committee wondered why, if it is considered dangerous to tap a text message, dialing a number wouldn’t also be made illegal. Others wondered how a police officer would determine whether a driver had been texting or placing a phone call – some noted that it could be considered an illegal search and seizure for officers to look through a driver’s cell phone for texting evidence. But on the whole, committee members described the bill as a “good first step.”

“It’s like bumper cars out there sometimes, and you see people weaving all over the roads, and you think, ‘Are they drunk in the middle of the day?’” said Rep. Lori Ehrlich (D-Marblehead), a member of the committee, who added, “I may be interested in some of the amendments people are speaking about.”

Rep. Don Humason (R-Westfield) said he’s “always a little wary whenever legislatures try to legislate common sense,” but he threw his support behind the measure anyway.

“My wife, for Christmas, purchased me a Blackberry. But it takes me so much time to learn how to use it that I couldn’t conceive of operating it while driving,” he said, joking that Rep. Wagner should give members “lessons” in how to use a hands-free headset.