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An Act To Improve Public Safety by Restricting the Use of Distracting Electronic Devices While Operating a Motor Vehicle
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 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 or using a distracting electronic device while operating motor vehicle; prohibition
 
1. Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A. "Cellular telephone" means a device used to access wireless telephone service.
 
B. "Portable electronic device" means any portable electronic device that is not part of the operating equipment of a motor vehicle, including but not limited to an electronic game, device for sending or receiving e-mail, text messaging device, cellular telephone, video device, global positioning system device and computer.
 
C. "Text messaging" means reading or manually composing electronic communications, including text messages, instant messages and e-mails, using a portable electronic device. "Text messaging" does not include using a global positioning or navigation system.
 
D. "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.
 
2. Prohibition.   A person may not operate a motor vehicle while engaging in text messaging or using a portable electronic device.
 
3. Penalties.   The following penalties apply to a violation of this section.
 
A. A person who violates this section commits a traffic infraction for which a fine of not less than $250 may be adjudged.
 
B. A person who violates this section after previously having been adjudicated as violating this section within a 3-year period commits a traffic infraction for which a fine of not less than $500 may be adjudged, and the Secretary of State shall suspend the license of that person without right to hearing. The minimum periods of license suspension are:
 
(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.
 
SUMMARY
This bill adds a prohibition on the use of a portable electronic device such as a video device or a global positioning system device to the prohibition on text messaging while operating a motor vehicle.