2NFXII-1 05/23/2023 CMH (L)bm 2023-2269 SUB SB301 ENROLLEDGIVHAN NGEM8T-3SUBSTITUTE ByTO SenatorSB301 WaggonerOFFERED RFD:BY SENATOR GIVHAN 2 4 SYNOPSIS:

JudiciaryUnder Firstexisting Read:law, a person is prohibited from using a wireless telecommunications device to write, send, or read a text-based communication while operating a motor vehicle, with exceptions.

09-May-23This 2023bill Regularwould Sessionfurther Pageprovide 0prohibitions SB301against Enrolledthe Enrolled,use Anof Act,a 3wireless 5telecommunications Relatingdevice towhile operating a motor vehicles;vehicle and would provide various exceptions on the prohibition.

This bill would further provide for the criminal penalties associated with a violation.

Under existing law, a conviction for using a wireless telecommunications device to write, send, or read a text-based communication is a two-point violation on the individual's driving record.

This bill would revise the points received for a violation.

Section 111.05 of the Constitution of Alabama of 2022, 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 Page 1 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.

A BILL TO BE ENTITLED AN ACT Relating to motor vehicles;

Page 2 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

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

The term shall not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its Page 3 functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, safety, or remote diagnostics system.

(c) AWhile personoperating operates a motor vehicle inon aany distractedhighway manner in violation of this sectionstate, ifno the person isshall observeddo 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 holdinghold a wireless telecommunications device.device 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 4 (4) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of the 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 a.

For a second conviction within the previous 24-month period of time, as measured from the dates any previous Page 5 convictions were obtained to the date the current conviction is obtained, a fine of not more than one hundred dollars ($100).

(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.

(2) The use of a wireless telecommunications device while the motor vehicle is parked on the shoulder of the Page 6 highway, road, or street.

(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.

Page 7 (9) For an individual 18 years of age or older, the use of a wireless telecommunications device in a manner that requires the physical use of the person's hand while operating a motor vehicle if both of the following occur:

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.

"§32-5A-351 (a) A first conviction of this article shall be entered Page 8 on the driving record of any individual charged under this article as a one-point violation.

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 89 SB301 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB301 Senate 24-May-23 I hereby certify that the within Act originated in and passed the Senate, as amended.

Patrick Harris, Secretary.

House of Representatives Amended and passed:

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

Senator Waggoner Page 9