STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1633	By:	Brown

AS INTRODUCED

An Act relating to motor vehicles; prohibiting use of certain devices in school zones; providing penalty; providing exceptions; defining terms; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 901d of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  An operator of a motor vehicle shall not use an electronic communication device while operating a motor vehicle within a school zone, unless:
1.  The vehicle is stopped; or
2.  The electronic communication device is used with a hands-free device.
B.  Any person who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed thirty (30) days, or by both such fine and imprisonment.
C.  The provisions of the section shall not apply to:
1.  An operator of an authorized emergency vehicle using an electronic communication device while acting in an official capacity; or
2.  An operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than an electronic communication device.
D.  As used in this section:
1.  "Electronic communication device" means an electronic device including, but not limited to, a wireless cellular telephone, personal digital assistant, or a portable or mobile computer while being used for the purpose of making or receiving telephone calls, composing, reading, or sending an electronic message, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle;
2.  "Electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices and includes, but is not limited to, electronic mail, a text message, an instant message, or a command or request to access an Internet site;
3.  “Hands-free device" means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the electronic communication device without use of either of the hands of the operator; and
4.  “School zone” means any portion of a road, street, or highway that is a properly marked school zone, as indicated with appropriate warning signs placed in accordance with the latest edition of the Manual on Uniform Traffic Control Devices, and properly posted signage that provides for a reduced speed limit.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-6132	GRS	01/12/11