An Act To Prohibit the Use of Handheld Phones and Devices While Driving
Sec. 1. 4 MRSA §20, as amended by PL 2011, c. 131, §1, is further amended to read:
§ 20. Provide for collection of fines and fees from money collected
The Chief Justice of the Supreme Judicial Court shall plan and implement arrangements for the collection of overdue fines and fees due the state courts, the costs of which may be paid from money collected. These arrangements may include but are not limited to: Employing special project clerks, assistants and other staff; contracting with state agencies; contracting for special or private debt collection services; purchasing necessary equipment; and compensating state, county and municipal law enforcement agencies for services provided.
The Chief Justice of the Supreme Judicial Court may implement arrangements for the use of fines and fees collected under Title 29-A, section 2121 to pay the costs of processing traffic violations under that section and handling the fines or fees. These arrangements may include employing an assistant clerk.
Sec. 2. 23 MRSA §4210-G is enacted to read:
§ 4210-G. Supplemental Transportation Fund
Sec. 3. 29-A MRSA §101, sub-§§26-C, 35-B and 80-B are enacted to read:
Sec. 4. 29-A MRSA §1304, sub-§1, ¶I, as amended by PL 2015, c. 113, §1, is further amended to read:
A person who has been issued a learner's permit may use, manipulate, talk into or otherwise interact with a handheld electronic device or mobile telephone while in the operator's seat of a motor vehicle if the person has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary.
(1) "Handheld electronic device" means any handheld electronic device that is not part of the operating equipment of the motor vehicle, including but not limited to an electronic game, device for sending or receiving electronic mail, text messaging device or computer.
(2) "Mobile telephone" means a device used to access a wireless telephone service.
(3) "Operate" means driving a motor vehicle on a public way with the motor running, including while temporarily stationary because of traffic, a traffic light or a stop sign or otherwise stationary. "Operate" does not include operating a motor vehicle with or without the motor running when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary.
(4) "Using" means manipulating, talking into or otherwise interacting with a mobile telephone or handheld electronic device.
A person who violates this paragraph commits a traffic infraction.
Sec. 5. 29-A MRSA §1311, sub-§1, ¶C, as amended by PL 2015, c. 113, §2, is further amended to read:
A person under 18 years of age who has been issued a driver's license may use, manipulate, talk into or otherwise interact with a handheld electronic device or mobile telephone while in the operator's seat of a motor vehicle if the person has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary.
For the purpose of this paragraph, the following terms have the following meanings.
(1) "Handheld electronic device" means any handheld electronic device that is not part of the operating equipment of the motor vehicle, including but not limited to an electronic game, device for sending or receiving electronic mail, text messaging device or computer.
(2) "Mobile telephone" means a device used to access a wireless telephone service.
(3) "Operate" means driving a motor vehicle on a public way with the motor running, including while temporarily stationary because of traffic, a traffic light or a stop sign or otherwise stationary. "Operate" does not include operating a motor vehicle with or without the motor running when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary.
(4) "Using" means manipulating, talking into or otherwise interacting with a mobile telephone or handheld electronic device.
Sec. 6. 29-A MRSA §1311, sub-§2, as amended by PL 2011, c. 654, §3, is further amended to read:
Sec. 7. 29-A MRSA §1551, sub-§11-A, as enacted by PL 2013, c. 72, §4, is amended to read:
Sec. 8. 29-A MRSA §2116, as amended by PL 2015, c. 113, §§4 and 5, is repealed.
Sec. 9. 29-A MRSA §2119, as amended by PL 2013, c. 188, §1 and c. 381, Pt. B, §28, is further amended to read:
§ 2119. Text messaging while operating motor vehicle; prohibition
A person may engage in text messaging while in the operator's seat of a motor vehicle if the person has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary.
Nothing in this section prohibits a person employed as a commercial driver or a school bus driver from using a handheld electronic device or mobile telephone within the scope of the person's employment as permitted under Federal Motor Carrier Safety Administration regulations.
(1) Thirty days, if the person has 2 adjudications for a violation of this section within a 3-year period;
(2) Sixty days, if the person has 3 adjudications for a violation of this section within a 3-year period; and
(3) Ninety days, if the person has 4 or more adjudications for a violation of this section within a 3-year period.
For the purposes of this paragraph, an adjudication has occurred within a 3-year period if the date of the new conduct is within 3 years of the date of a docket entry of adjudication of a violation of this section.
Sec. 10. 29-A MRSA §2121 is enacted to read:
§ 2121. Use of mobile telephones and handheld electronic devices while operating motor vehicles prohibited
A person who has pulled a motor vehicle to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary may use, manipulate, talk into or otherwise interact with a handheld electronic device or mobile telephone.
The operator of a motor vehicle may use a hand to activate or deactivate a feature or function of a mobile telephone or handheld electronic device that is in hands-free mode and mounted or affixed to the vehicle in a location that does not interfere with the operator's view of the road if the feature or function activated requires only a single swipe, tap or push of the operator's finger.
For the purposes of this section, "hands-free mode" means the manner of use of a mobile telephone or handheld electronic device without use of either hand by employing an internal feature of, or an attachment to, the telephone or device.
Nothing in this section requires the deposit into the Supplemental Transportation Fund of any penalty or surcharge imposed by a court, including but not limited to a surcharge imposed pursuant to Title 4, section 18-A or 1057.
Sec. 11. Appropriations and allocations. The following appropriations and allocations are made.
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Provides allocations for one limited-period Assistant Clerk position through June 19, 2021.
| OTHER SPECIAL REVENUE FUNDS | 2019-20 | 2020-21 |
|
Personal Services
|
$19,285 | $77,138 |
|
All Other
|
$5,500 | $0 |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $24,785 | $77,138 |
| JUDICIAL DEPARTMENT | ||
| DEPARTMENT TOTALS | 2019-20 | 2020-21 |
|
OTHER SPECIAL REVENUE FUNDS
|
$24,785 | $77,138 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $24,785 | $77,138 |
TRANSPORTATION, DEPARTMENT OF
Supplemental Transportation Fund N336
Initiative: Establishes the Supplemental Transportation Fund with a base allocation.
| OTHER SPECIAL REVENUE FUNDS | 2019-20 | 2020-21 |
|
All Other
|
$500 | $500 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $500 | $500 |
| TRANSPORTATION, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2019-20 | 2020-21 |
|
OTHER SPECIAL REVENUE FUNDS
|
$500 | $500 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $500 | $500 |
| SECTION TOTALS | 2019-20 | 2020-21 |
|
OTHER SPECIAL REVENUE FUNDS
|
$25,285 | $77,638 |
|
|
|
| SECTION TOTAL - ALL FUNDS | $25,285 | $77,638 |