SB 301 — Relating to motor vehicles; to add Section 32-5A-350.1 to the Code of Alabama 1975, to further provide for the prohibition against using a wireless telecommunications device while operating a motor vehicle; to further provide for the prohibition; to further provide exceptions; to further provide criminal penalties for a violation; to provide a warning period for a violation; to amend Section 32-5A-351, Code of Alabama 1975, to further provide for the assessment of administrative penalties; to repeal Section 32-5A-350, Code of Alabama 1975; 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 Section 111.05 of the Constitution of Alabama of 2022.

SB301 ENGROSSEDENROLLED NGEM8T-2NGEM8T-3 By Senator Waggoner RFD:

09-May-23 2023 Regular Session Page 0 SB301 EngrossedEnrolled 2Enrolled, 4An 6Act, A3 BILL5 TO BE ENTITLED AN ACT Relating to motor vehicles;

Section 32-5A-350.1 is added to Article 16 Page 1 SB301 Engrossed of Chapter 5A of Title 32, Code of Alabama 1975, to read as follows:

Page 1 SB301 Enrolled (1) STAND-ALONE ELECTRONIC DEVICE.

(b) A person shall exercise due care in operating a motor vehicle on the highways of this state and shall not Page 2 SB301 Engrossed engage in any actions prohibited by law which shall distract the person from the safe operation of the vehicle.

(c) WhileA operatingperson operates a motor vehicle onin anya highwaydistracted manner in violation of this state,section noif the person shallis doobserved crossing in and out of a traffic lane without using a turn Page 2 SB301 Enrolled signal, swerving, or otherwise operating the vehicle in an impaired manner while doing any of the following:

(1) Physically holdholding a wireless telecommunications devicedevice. if any of the following also occur:

The motor vehicle crosses in or out of a traffic lane without using a turn signal, the vehicle swerves, or the vehicle is otherwise operated in an impaired manner.

Page 3 SB301 Engrossed provided that the prohibition shall not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.

(6) Use more than a single button or swipe of a finger on a wireless telecommunications device to initiate or Page 3 SB301 Enrolled terminate a voice-communication.

95 (d) Each violation of this section shall constitute a separate offense.

95 a.

For a third or subsequent conviction within the previous 24-month period of time, as measured from the dates any previous convictions were obtained to the date the current Page 4 SB301 Engrossed conviction is obtained, a fine of not more than one hundred fifty dollars ($150).

(2) Any person appearing before a court for a first charge of violating subdivision (c)(1) who produces in court a device or proof of purchase of a device that would allow the Page 4 SB301 Enrolled person to comply with the subdivision in the future shall not be guilty of the offense.

Page 5 SB301 Engrossed (4) The use of an earpiece, a headphone device, steering wheel controls, speaker phone or any voice-activated technology, or other device worn on the person or mounted onto the dashboard, center console, windshield, or other part of the vehicle to conduct substantially hands-free voice-based Page 5 SB301 Enrolled wireless communications.

The device is mounted to the vehicle, including the windshield, dashboard, or center console of the vehicle, and Page 6 SB301 Engrossed the device does not create an unsafe obstruction of the person's view of the road.

The person's hand is used to activate or deactivate a feature or function of the device with the motion of one swipe or tap of the person's finger, and the swipe or tap does Page 6 SB301 Enrolled not activate the camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than functions or features related to the transportation of persons or property for compensation or payment of a fee.

(c) A third or subsequent conviction of this article Page 7 SB301 Engrossed shall be entered on the driving record of any individual charged under this article as a three-point violation." Section 4.

Although this bill would have as its purpose Page 7 SB301 Enrolled or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.

Page 8 SB301 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................09-May-23________________________________________________ toSpeaker of the House of Representatives SB301 Senate committee24-May-23 onI Judiciaryhereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................17-May-23and onpassed the calendar:Senate, as amended.

3 amendments Read for the third time and passed ................24-May-23 as amended Yeas 30 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 9of Representatives Amended and passed:

06-Jun-23 Senate concurred in House amendment 06-Jun-23 By:

Senator Waggoner Page 9