HB2355 HD1.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	2355
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MOTOR VEHICLES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291C- Mobile electronic devices; prohibitions. (a) No person shall operate a motor vehicle while using a mobile electronic device.

(b) The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this section.

(1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties;

(2) Drivers using two-way radios while in the performance and scope of their work-related duties and who are operating fleet vehicles; and

(3) Drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio.

(d) Every person who violates this section shall be subject to the following:

(1) For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of at least $100 but less than $200;

(2) For an infraction that occurs within one year of a prior violation of this section, a fine of at least $200 but less than $300 and the suspension of the person's driver's license and privilege to operate a vehicle for a period of thirty days; and

(3) For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional violation of this section, regardless of when the violation occurred, a fine of at least $300 but less than or equal to $500 and the suspension of the person's driver's license and privilege to operate a vehicle for a period of ninety days.

(e) As used in this section:

"Emergency responders" means any firefighters, emergency medical technicians, mobile intensive care technicians, civil defense workers, police officers, and federal and state law enforcement officers.

"Fleet Vehicle" means any vehicle validly registered pursuant to section 286-53.5.

"Mobile electronic device" means any handheld or other portable electronic equipment recognized by the citing officer or other witness to be capable of providing:

(1) Wireless audio, video, or data communication between two or more persons; or

(2) Amusement, including a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device;

provided that "mobile electronic device" does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing audio, navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle. A "two-way radio" or Private Land Mobile Radio System as defined by title 47 of the Code of Federal Regulations, part 90, when used for business purposes, shall not be considered to be a "mobile electronic device".

"Operate" means to drive or assume actual physical control of a motor vehicle upon a public way, street, road, or highway in the State.

"Use or using" means holding a mobile electronic device while operating a motor vehicle."

SECTION 2. Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Every person convicted under or found in violation of section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C-15, 291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 291C-104, [or] 291C-105, or 291C- shall be sentenced or fined in accordance with those sections."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.