1177ja

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    No person may operate a motor vehicle on a highway while using a handheld electronic wireless communication device to write, send, or read a text-based communication. This section does not apply to a person who is using a handheld electronic wireless communication device:

            (1)    While the vehicle is lawfully parked;

            (2)    To contact any emergency public safety answering point or dispatch center;

            (3)    To write, read, select, or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or

            (4)    When using voice operated or hands free technology.

    State or local law enforcement agencies shall enforce this section as a secondary action. A violation of this section is a petty offense.

    Section 2. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in this Act mean:

            (1)    "Electronic wireless communication device," a mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;

            (2)    "Voice operated or hands free technology," technology that allows a user to write, send, or listen to a text-based communication without the use of either hand except to activate, deactivate, or initiate a feature or function; and

            (3)    "Write, send, or read a text-based communication," using an electronic wireless communications device to manually communicate with any person using text-based communication including communications referred to as a text message, instant message, or electronic mail.

    Section 3. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    The Department of Public Safety shall expend lawfully appropriated funds to develop and communicate a distracted drivers public awareness campaign.

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    Section 4. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:
        For the purposes of equitable and uniform regulation and implementation, the Legislature is the exclusive regulator of all matters relating to distracted driving and use of electronic wireless communication devices in motor vehicles.

    Section 5. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:
    No electronic wireless communication device used in a violation of the provisions of this Act may be seized by a law enforcement officer."