Bill Text For SB0017 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 17                          By: Dossett of the Senate         |
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  |                                         Loring of the House           |
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 9|       An Act relating to usage of handheld electronic                 |
  |       devices while driving; creating the Bobbi White Act             |
10|       of 2019; amending Section 2, Chapter 248, O.S.L.                |
  |       2015, as amended by Section 1, Chapter 186, O.S.L.              |
11|       2016 (47 O.S. Supp. 2018, Section 11-901d), which               |
  |       relates to text messaging; specifying prohibited                |
12|       acts; prescribing certain fines; modifying                      |
  |       definitions; providing for noncodification; and                 |
13|       declaring an emergency.                                         |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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17|    SECTION 1.     NEW LAW     A new section of law not to be          |
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18|codified in the Oklahoma Statutes reads as follows:                    |
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19|    This act shall be known and may be cited as the "The Bobbi White   |
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20|Act of 2019".                                                          |
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21|    SECTION 2.     AMENDATORY     Section 2, Chapter 248, O.S.L.       |
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22|2015, as amended by Section 1, Chapter 186, O.S.L. 2016 (47 O.S.       |
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23|Supp. 2018, Section 11-901d), is amended to read as follows:           |
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arsid14819454 SB17 HFLR                                            Page 1
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 1|    Section 11-901d.  A.  It shall be unlawful for any person to       |
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 2|operate a motor vehicle on any street or highway within this state     |
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 3|while using a hand-held electronic communication device to manually    |
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 4|compose, send or read an electronic text message while the motor       |
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 5|vehicle is in motion.                                                  |
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 6|    B.  Any person who violates the provisions of subsection           |
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 7|subsections A and C of this section shall, upon conviction, be         |
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 8|punished by a fine of not more than One Hundred Dollars ($100.00).     |
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 9|    C.  It shall be unlawful for any person operating a motor          |
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10|vehicle on any street or highway in this state to use a handheld       |
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11|electronic communications device, while the vehicle is in motion, in   |
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12|a school zone, during normal school hours, unless the device is used   |
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13|with an accessory which allows the person to communicate without the   |
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14|use of his or her hands, other than to activate, deactivate or         |
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15|initiate a feature or function of the device.                          |
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16|    D.  The Department of Public Safety shall not record or assess     |
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17|points for violations of this section on any license holder's          |
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18|traffic record maintained by the Department.                           |
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19|    D. E.  The provisions of subsection subsections A and C of this    |
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20|section shall not apply if the person is using the cellular            |
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21|telephone or electronic communication device for the sole purpose of   |
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22|communicating with any of the following regarding an imminent          |
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23|emergency situation:                                                   |
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24|    1.  An emergency response operator;                                |
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arsid14819454 SB17 HFLR                                            Page 2
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 1|    2.  A hospital, physician's office or health clinic;               |
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 2|    3.  A provider of ambulance services;                              |
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 3|    4.  A provider of firefighting services; or                        |
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 4|    5.  A law enforcement agency.                                      |
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 5|    E. F.  Municipalities may enact and municipal police officers      |
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 6|may enforce ordinances prohibiting and penalizing conduct under the    |
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 7|provisions of this section.  The provisions of such ordinances shall   |
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 8|be the same as provided for in this section; the enforcement           |
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 9|provisions of those ordinances shall not be more stringent than        |
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10|those of this section; and the fine and court costs for municipal      |
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11|ordinance violations shall be the same or a lesser amount as           |
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12|provided for in this section.                                          |
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13|    F. G.  For the purpose of this section:                            |
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14|    1.  "Cellular telephone" means an analog or digital wireless       |
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15|telephone authorized by the Federal Communications Commission to       |
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16|operate in the frequency bandwidth reserved for cellular telephones;   |
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17|    2.  "Compose", "send" or "read" with respect to a text message     |
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18|means the manual entry, sending or retrieval of a text message to      |
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19|communicate with any person or device;                                 |
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20|    3.  "Electronic communication device" means an electronic device   |
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21|that permits the user to manually search the Internet or transmit a    |
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22|communication of written text by means other than through an oral      |
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23|transfer or wire communication.  This term does not include:           |
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arsid14819454 SB17 HFLR                                            Page 3
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 1|         a.    a device that is physically or electronically           |
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 2|              integrated into a motor vehicle,                         |
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 3|         b.    a voice-operated global positioning or navigation       |
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 4|              system that is affixed to a motor vehicle,               |
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 5|         c.    a hands-free device that allows the user to write,      |
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 6|              send or read a text message without the use of either    |
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 7|              hand except to activate, deactivate or initiate a        |
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 8|              feature or function, or                                  |
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 9|         d.    an ignition interlock device that has been installed    |
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10|              on a motor vehicle; and                                  |
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11|    4.  "Text message" includes a text-based message, instant          |
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12|message, electronic message, photo, video or electronic mail.          |
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13|    SECTION 3.  It being immediately necessary for the preservation    |
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14|of the public peace, health or safety, an emergency is hereby          |
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15|declared to exist, by reason whereof this act shall take effect and    |
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16|be in full force from and after its passage and approval.              |
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18|COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/04/2019 -    |
  |DO PASS.                                                               |
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arsid14819454 SB17 HFLR                                            Page 4
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