115368-1:n:11/23/2009:FC/tan LRS2009-4920
| SYNOPSIS: | Currently, there is no specific prohibition against operating a motor vehicle while electronic text messaging. |
| This bill would prohibit a person from operating a motor vehicle while text messaging or operating a handheld global positioning system (GPS); would provide penalties; and would provide exceptions. | |
| Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. | |
| The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment. |
Relating to the operation of motor vehicles; to prohibit any person from operating a motor vehicle on a public street, road, or highway while also text messaging on a handheld cell phone or other handheld wireless telecommunication device or while manually operating a handheld global positioning system (GPS) device or similar navigation device; to provide penalties; to provide exceptions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this act, the following words have the following meanings:
(1) WIRELESS TELECOMMUNICATION DEVICE. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input.
(2) WRITE, SEND, OR READ A TEXT-BASED COMMUNICATION. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.
(b) A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication or while manually operating a handheld global positioning system (GPS) device or similar handheld navigation device.
(c) A person who violates subsection (b) is subject to fines as follows:
(1) Twenty-five dollars ($25) for a first violation.
(2) Fifty dollars ($50) for a second violation.
(3) Seventy-five dollars ($75) for a third or subsequent violation.
(d) A person shall not be assessed court costs upon a conviction pursuant to this section.
(e) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver or may enforce this section as a secondary violation of the driver.
Section 2. A violation of this act shall not result, in and of itself, in an increase or cancellation in the automobile insurance of the person convicted of the violation, and a violation of this act shall not be reported to the automobile insurance provider of a violator.
Section 3. A conviction of this act shall be entered on the driving record of any individual charged under this act as a one-point violation.
Section 4. (a) In any case brought by a law enforcement officer employed by the Department of Public Safety, 60 percent of the funds generated shall be allocated to the Department of Public Safety, Law Enforcement Division. The remaining 40 percent of the funds shall be allocated to the State General Fund.
(b) A violation of this act shall not constitute probable cause for a search of the vehicle involved. A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this act.
(c) Each state, county, and municipal law enforcement agency shall maintain statistical information on traffic stops made pursuant to this act on minority groups and report that information monthly to the Department of Public Safety and the Attorney General.
Section 5. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 6. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.