How politics killed no-texting bill in Mississippi

JACKSON, Miss. — "Nooooo!" an obvious majority of the Mississippi House — Republican, Democrat, black, white — yelled in unison loud enough to rattle the stained glass. And like that, in one of the more baffling legislative moves in recent years, Mississippi remains one of the few states without a law against adults texting while driving.

"The No's appear to have it," House Speaker Philip Gunn announced as only three or four members stood, far shy of the 13 required to demand a recorded vote on the electronic board. "The motion fails."

In its last, late-night major action before adjourning for the year, the Mississippi House killed House Bill 484, a day after passing it overwhelmingly. Its passage April 1 by both House and Senate after years of similar, failed efforts had been heralded statewide.

Gov. Phil Bryant said he looked forward to signing the bill, "in hopes of protecting lives on Mississippi roadways." A recent poll showed that 93% of Mississippians favored joining 43 other states in banning texting and driving.

It looked like a done deal. Until it wasn't.

The bill died a sudden and unexpected death in the last moments of the legislative session from a strange confluence of politics, parliamentary procedure, late-session brinksmanship, confusion and an odd collection of political bedfellows.

Slow in changing

Of course, the passage of a texting ban by both chambers of the Mississippi Legislature had been nearly as surprising as its death.

There's been pressure for years for Mississippi to ban texting while driving as most other states did so.

But the issue has pitted individual rights — highly valued in this conservative state — against safety. Similarly, Mississippi was slow in passing a seat-belt law, in 1994, after most surrounding states had passed them in the late 1980s or by 1991.

A texting ban push in Mississippi had only netted a prohibition against school bus drivers and teens using beginner's licenses doing it. More robust efforts usually died in committee.

Opposition has mostly come from more conservative-leaning Republicans. Their argument: What's next, laws against eating, listening to music or other activities while driving?

But a renewed effort was announced late last year, months before the 2014 session. House and Senate Transportation Chairmen Robert Johnson III and Willie Simmons vowed to push legislation this year, and held off-season hearings.

And the movement picked up a little bipartisan steam.

Republican Sen. Billy Hudson, of Hattiesburg, Miss., had been pushing the legislation, for personal reasons. A cousin was nearly killed in a crash from her boyfriend texting, and a constituent's teen daughter was killed after hitting someone head-on while texting. Other Republicans had joined Hudson in pushing for texting legislation. Their argument: It isn't about personal freedom, it's about endangering others.

And while not openly pushing a texting ban, the Republican legislative leadership this year obviously wasn't blocking it.

Last-minute crush

By early in the session, two bills were moving, one in the House and one in the Senate. The original House version banned texting while driving for anyone 18 or younger, and carried a $100 fine. Senate Bill 2434 added texting or accessing social media — by drivers of any age — to the current careless driving law, with a fine up to $250.

The Senate passed its bill 45-6 in early February. The House passed its bill less than two weeks later, voting 99-15, after lowering the fine to $25. Over the next couple of weeks, the bills were swapped back and forth.

The House in late February, after much debate, approved an amended version of the Senate bill that would cover texting for all motorists, not just those under 18, by a vote of 91-27.

The House bill was chosen as the vehicle for final negotiations in the conference committee. The conferees agreed to a ban on all drivers texting, with a $25 fine for its first year, increasing to $100 the next.

This final version of House Bill 484 went to the full chambers and was one of the last general bills pending as the session drew to a close.

In the last-minute crush of passing final legislation on what would wind up being the second-to-last day of the session, the Senate passed the measure 47-3 and the House 102-18. It appeared to be on its way to Bryant and destined to become law. It made news nationwide — Mississippi had approved a ban on texting while driving.

Regretting votes

But for many House Republicans, the news reports of the texting ban apparently brought the first realization that it applied to all drivers, not just 18 and younger.

Rep. Bill Denny, R-Jackson, was one of these.

"We didn't get a copy of the conference report," Denny said, noting the "short title" of the bill, which appears on the electronic screen as lawmakers vote on legislation, hadn't changed from the original House version. It still said it would prohibit those 18 and younger from texting.

Denny said including all drivers wasn't explained or realized in the flurry of voting on April 1. The next day, he and others streamed into the House Speaker's office, regretting their votes and pondering what to do, how to change the bill back to cover only teen drivers.

Reconsider

As the House prepared to reconvene, Denny huddled with the leadership near the speaker's well. "I'm going to hold it on a motion," Denny could be heard saying as he walked near the press table, but this was barely noticed with all the hustle and bustle on the floor.

As the House wrapped things up, Gunn recognized Denny for a motion. He moved to reconsider the vote by which House Bill 484 had passed the day before — a right any lawmaker has. Many others had to ask or consult their computers as to what bill he was referring.

Normally, a motion to reconsider must hold over for at least a day. But on the final day of a session, such a motion can be immediately taken up. Johnson moved to table Denny's motion.

Rep. John Moore, R-Brandon, spoke briefly against tabling the motion and against the texting ban. No surprise there — he has opposed such measures, and he made the argument about "eating a hamburger or putting on makeup" while driving.

But Rep. Ed Blackmon, D-Canton, also spoke passionately against tabling and against the ban, and appeared to be primarily addressing the Black Caucus. He said law enforcement statewide might use such a law to profile and pull over African-American drivers.

This appeared to help join against the bill two groups usually polar opposite, the most conservative Republicans and the Black Caucus. This strange wedding was coupled with the late hour and lawmakers' desire to go home after three months of legislating. Gunn called for the voice vote to table Denny's motion. The Yays were muted. The No's resounded. Supporters didn't rally to force a formal vote. The motion failed. The bill died with the House's adjournment.

Denny appeared as stunned as anyone that the texting ban died that night. Later, he confirmed, "I was shocked." He said he didn't intend to kill the bill, and did not know the Senate had already left for the year. He said he was trying to buy more time to change it back to cover teen drivers.

Denny caught flak from supporters of the bill. But if Denny hadn't made the motion, House leaders said, someone else would have.

Johnson said he finds it hard to believe that many House members didn't realize they were voting on a texting ban for all drivers when the final version was passed.

The texting ban making it so far, nearly to the governor's desk, this year might normally give proponents high hopes of its passage next year. But that does not appear to be the case.

Next year is a statewide election year, and lawmakers typically refrain from tackling such difficult issues unless forced.

Gunn, in an interview the day after the session ended, called the texting ban's chances next year "doubtful," unless there's a sea change of lawmaker's opinion.