SB-0402, As Passed Senate, January 26, 2010

SUBSTITUTE FOR

SENATE BILL NO. 402

     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 provided in this section, a person

shall not read, write, 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

navigation system that is affixed to the motor vehicle.

     (2) Subsection (1) does not apply to prohibit an individual

from operating a cellular telephone or other communication device

using hands-free technology or from using a cellular telephone or

other communication device 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) Enforcement of this section by state or local law

enforcement agencies shall be accomplished only as a secondary

action when a driver of a motor vehicle has been detained for a

suspected violation of another section of this act.

     (4) This section supersedes all local ordinances regulating

the use of a communication 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 does not take effect

unless Senate Bill No. 468 of the 95th Legislature is enacted into

law.