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10/07/2024 02:37 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=22066
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: January 12, 2017 11:52 AM
From: Representative Anthony M. DeLuca
To: All House members
Subject: Allow Municipalities to Adopt Local Ordinances Prohibiting the Use of Cell Phones for Texting While Driving (HB 244 of 2015)
 

In the near future, I will reintroduce legislation that will allow municipalities to enact local ordinances banning the use of cell phones while driving (former House Bill 244 of 2015).

Several years ago the General Assembly overwhelmingly passed Act 98, which prohibited texting while driving. Act 98 also contained language preempting municipal ordinances which prohibited texting while driving. However, this preemption language voided all municipal ordinances that prohibited “talking” or “texting” on a cell phone while driving.

During the House’s debate on Act 98, the Majority Leader stated that he intended to bring up legislation dealing with the issue of talking on a cell phone while driving. However, no such bill was ever brought to floor for debate last session. I believe we should turn the issue back over to the control of local officials who best know the needs of their communities.

My legislation will allow municipalities to enact local ordinances prohibiting people from talking on a cell phone while driving by clarifying the preemption clause in Act 98. Municipalities would still be prohibited from adopting or enforcing any local ordinance that deals with the texting while driving issue. I believe this legislation will provide municipalities with a valuable public safety tool, especially in light of the General Assembly’s inability to enact legislation banning the use of cell phones while driving.

I invite you to add your name as a co-sponsor of this legislation. Thank you.




Introduced as HB461