Bill Text: OR SB9 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to mobile communication devices.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-08-21 - Effective date, January 1, 2014. [SB9 Detail]

Download: Oregon-2013-SB9-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1165

                           B-Engrossed

                          Senate Bill 9
                  Ordered by the Senate July 6
      Including Senate Amendments dated March 11 and July 6

Sponsored by Senator COURTNEY (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Provides that violation of offense of operating motor vehicle
while using mobile communication device is Class   { - B - }
 { + C + } traffic violation instead of Class D traffic violation
 { - when person texts without using hands-free accessory - } .
Directs Department of Transportation to place signs on highways
of this state notifying drivers that violation is subject to
maximum fine of   { - $1,000 - }  { +  $500 + }.
   { +  Limits biennial expenditures from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by department for
administrative and operating expenses incurred in carrying out
provisions of Act. + }

                        A BILL FOR AN ACT
Relating to mobile communication devices; creating new
  provisions; amending ORS 811.507; and limiting expenditures.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 811.507 is amended to read:
  811.507. (1) As used in this section:
  (a) 'Hands-free accessory' means an attachment or built-in
feature for or an addition to a mobile communication device,
whether or not permanently installed in a motor vehicle, that
when used allows a person to maintain both hands on the steering
wheel.
  (b) 'Mobile communication device' means a text messaging device
or a wireless, two-way communication device designed to receive
and transmit voice or text communication.
  (2) A person commits the offense of operating a motor vehicle
while using a mobile communication device if the person, while
operating a motor vehicle on a highway, uses a mobile
communication device.
  (3) This section does not apply to a person who activates or
deactivates a mobile communication device or a function of the
device or who uses the device for voice communication if the
person:
  (a) Is summoning medical or other emergency help if no other
person in the vehicle is capable of summoning help;

  (b) Is using a mobile communication device for the purpose of
farming or agricultural operations;
  (c) Is operating an ambulance or emergency vehicle;
  (d) Is 18 years of age or older and is using a hands-free
accessory;
  (e) Is operating a motor vehicle while providing public safety
services or emergency services;
  (f) Is operating a motor vehicle while acting in the scope of
the person's employment as a public safety officer, as defined in
ORS 348.270;
  (g) Is operating a tow vehicle or roadside assistance vehicle
while acting in the scope of the person's employment;
  (h) Holds a valid amateur radio operator license issued or any
other license issued by the Federal Communications Commission and
is operating an amateur radio;
  (i) Is operating a two-way radio device that transmits radio
communication transmitted by a station operating on an authorized
frequency within the citizens' or family radio service bands in
accordance with rules of the Federal Communications Commission;
  (j) Is operating a vehicle owned or contracted by a utility for
the purpose of installing, repairing, maintaining, operating or
upgrading utility service, including but not limited to natural
gas, electricity, water or telecommunications, while acting in
the scope of the person's employment; or
  (k) Is using a function of the mobile communication device that
allows for only one-way voice communication while the person is:
  (A) Operating a motor vehicle in the scope of the person's
employment;
  (B) Providing transit services; or
  (C) Participating in public safety or emergency service
activities.
  (4) The offense described in this section, operating a motor
vehicle while using a mobile communication device, is a Class
 { - D - }  { +  C + } traffic violation.
   { +  (5) The Department of Transportation shall place signs on
state highways to notify drivers that violation of this section
is subject to a maximum fine of $500. + }
  SECTION 2.  { + Notwithstanding any other law limiting
expenditures, the amount of $130,350 is established for the
biennium beginning July 1, 2013, as the maximum limit for payment
of expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the Department of Transportation
for administrative and operating expenses incurred in carrying
out the provisions of this 2013 Act. + }
  SECTION 3.  { + The amendments to ORS 811.507 by section 1 of
this 2013 Act apply only to violations of ORS 811.507 that occur
on or after the effective date of this 2013 Act. + }
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