HB74 Alabama 2020 Session

Updated Feb 12, 2020

House Bill

Expired

Current Status

Regular Session 2020

Session

1

Sponsor

Summary

Primary Sponsor: K.L. Brown
Republican
Session: Regular Session 2020
Title: Motor vehicles, distracted driving, use of cell phone while operating a motor vehicle prohibited, exceptions, Secs. 32-5A-353 to 32-5A-358, inclusive, added; Sec. 32-5A-350 repealed; Secs. 32-5A-351, 32-5A-352, am'd and renumbered, 32-10-8 am'd.
Description: Under existing 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.
This bill would prohibit a person from using a wireless telecommunications device to watch, record, or capture a photograph or video while operating a motor vehicle, physically holding a wireless telecommunications device while operating a motor vehicle, and engaging in a voice-based communication while operating a motor vehicle.
Under existing law, certain uses of a wireless telecommunications device are exempted from the restrictions that apply while operating a motor vehicle.
This bill would further provide for those exemptions.
This bill would also increase the fine authorized for a violation.
This bill would also require the Secretary of the Alabama State Law Enforcement Agency to include on the uniform accident report whether a TNC driver was involved in the accident and require the secretary to report certain information regarding traffic accidents involving a TNC driver to the Public Service Commission and the Legislature.
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 provide that on a third or subsequent conviction the individual would receive a three-point violation on the individual's driving record.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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 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.
Subjects: Motor Vehicles