DRIVING WHILE TEXTING H.B. 4370 (H-2) & 4394 (H-5):
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House Bill 4370 (Substitute H-2 as passed by the House)
House Bill 4394 (Substitute H-5 as passed by the House)
Sponsor: Representative Gino Polidori (H.B. 4370)
Representative Lee Gonzales (H.B. 4394)
House Committee: Transportation
Senate Committee: Transportation
Date Completed: 2-5-10
House Bill 4394 (H-5) would amend the Michigan Vehicle Code to prohibit a person from reading, writing, or sending text messages while operating a moving motor vehicle on a street or highway in the State.
House Bill 4370 (H-2) would amend the Michigan Vehicle Code to prohibit points from being entered on a person's driving record for a violation of the provisions in House Bill 4394 (H-5).
House Bill 4370 (H-2) is tie-barred to House Bill 4394, which is described in detail below.
Under the bill, a person could not read, write, or send a text message on a wireless two-way communication device, including a wireless phone, that was located in the person's hand or lap, while operating a moving motor vehicle on a street or highway in the State.
("Wireless two-way communication device" would not include a global positioning or navigation system.)
The prohibition would not apply to an individual using a device described above 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.
-- Determine a location or route by using the device's global positioning or navigation system or service.
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.
MCL 257.320a (H.B. 4370) Legislative Analyst: Curtis Walker
Proposed MCL 257.602b (H.B. 4394)
House Bill 4394 (H-5)
The bill would have an indeterminate impact on State and local units of government. Enforcement costs, and revenue from fines and costs, would depend on the number of infractions.
A person found responsible for a civil infraction under the Michigan Vehicle Code typically is liable for a maximum civil fine of $100, plus costs and a justice system assessment. Civil fine revenue collected under the Code benefits public libraries.
House Bill 4370 (H-2)
The bill would have no fiscal impact on State or local government.
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. hb4370&4394/0910