DRIVING & USING ELECTRONIC DEVICE S.B. 402:
COMMITTEE SUMMARY
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Senate Bill 402 (as introduced 3-24-09)
Sponsor: Senator Buzz Thomas
Committee: Transportation
Date Completed: 12-7-09
CONTENT
The bill would amend the Michigan Vehicle Code to prohibit a person from using certain electronic devices while operating a motor vehicle, with certain exceptions.
Specifically, an individual could not use a cellular telephone device, personal digital assistant, electronic gaming device, or other electronic device that was unrelated to the operation of the vehicle and that had a keyboard or screen, to do any of the following while operating a motor vehicle in motion on a street or highway:
-- Engage in nonverbal communication with another person.
-- Play a game.
-- Enter data.
Those provisions would not prohibit an individual from using a cellular phone or other communication device to do any of the following:
-- Report a traffic accident, medical emergency, or serious road hazard.
-- Report a situation in which the person believed his or her personal safety was in jeopardy.
-- Report or avert the perpetration or potential perpetration of a criminal act against the individual or another person.
-- Carry out official duties as a police officer, law enforcement official, member of a paid or volunteer fire department, or emergency vehicle operator.
State or local law enforcement agencies could enforce the bill only as a secondary action when a driver of a motor vehicle had been detained for a suspected violation of another section of the Code.
An individual who violated the bill would be responsible for a civil infraction and could be fined up to $100.
Points could not be entered on an individual's driving record for a violation of the bill.
MCL 257.320a et al. Legislative Analyst: Curtis Walker
FISCAL IMPACT
The bill would have no fiscal impact on State government.
Depending on the number of infractions, $100 for each infraction would go to the local libraries of the jurisdiction in which the infraction occurred. The number of potential infractions is unknown.
Fiscal Analyst: Joe Carrasco
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb402/0910