HB-4394, As Passed Senate, March 25, 2010

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4394

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

(MCL 257.1 to 257.923) by adding section 602b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 602b. (1) Except as otherwise provided in this section, a

person shall not read, manually type, or send a text message on a

wireless 2-way communication device that is located in the person's

hand or in the person's lap, including a wireless telephone used in

cellular telephone service or personal communication service, while

operating a motor vehicle that is moving on a highway or street in

this state. As used in this subsection, a wireless 2-way

communication device does not include a global positioning or

House Bill No. 4394 as amended March 25, 2010

navigation system that is affixed to the motor vehicle.

     (2) Subsection (1) does not apply to an individual who is

using a device described in subsection (1) to do any of the

following:

     (a) Report a traffic accident, medical emergency, or serious

road hazard.

     (b) Report a situation in which the person believes his or her

personal safety is in jeopardy.

     (c) Report or avert the perpetration or potential perpetration

of a criminal act against the individual or another person.

     (d) Carry out official duties as a police officer, law

enforcement official, member of a paid or volunteer fire

department, or operator of an emergency vehicle.

<<

(3)>> An individual who violates this section is responsible

for

a civil infraction and shall be ordered to pay a civil fine as

follows:

     (a) For a first violation, $100.00.

     (b) For a second or subsequent violation, $200.00.

<<(4)>> This section supersedes all local ordinances regulating

the use of a communications device while operating a motor vehicle

in motion on a highway or street, except that a unit of local

government may adopt an ordinance or enforce an existing ordinance

substantially corresponding to this section.

     Enacting section 1. This amendatory act takes effect July 1,

2010.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 95th Legislature are

enacted into law:

     (a) Senate Bill No. 468.

     (b) House Bill No. 4370.