2009 Senate Bill 468 / 2010 Public Act 59

Ban texting while driving (as passed, originally hand-held phones)

Introduced in the Senate

April 23, 2009

Introduced by Sen. Roger Kahn (R-32)

To prohibit the use of hand-held cell phones while driving, subject to a $100 fine.

Referred to the Committee on Transportation

Dec. 9, 2009

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dec. 17, 2009

Substitute offered

To replace the previous version of the bill with one that establishes fines for the "driving while texting" offense proposed by Senate Bill 402.

The substitute passed by voice vote

Jan. 26, 2010

Amendment offered by Sen. Bruce Patterson (R-7)

To make the proposed "driving-while-texting" offense a "primary" one, meaning that police could stop a motorist for just this. As substituted, the bill makes this a "secondary" offense only.

The amendment failed 17 to 20 (details)

Passed in the Senate 31 to 6 (details)

To impose a mandatory fine of $200 for a first offense and $500 for a subsequent offense for the "driving while texting" offense proposed by Senate Bill 402. No "points" would be entered on a person's driving record for a violation.

Received in the House

Jan. 26, 2010

Referred to the Committee on Transportation

March 18, 2010

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

April 20, 2010

Substitute offered

The substitute passed by voice vote

April 21, 2010

Amendment offered by Rep. Alma Smith (D-54)

To place fine revenue from "texting while driving" violations into the state general fund rather than to local governments and libraries, but only if two of the (many) penalties imposed by the <a href="http://www.michiganvotes.org/2003-SB-509">”driver responsibility fees</a> or “bad driver tax” law are repealed, the ones for having more than seven drivers license points and for driving without a valid license or endorsement. The $1,000 surtax for driving with a suspended license and the $400 or $1,000 one for driving without insurance would not be repealed, and reportedly these levies are much more common and/or account for much more of the revenue.

The amendment passed by voice vote

Passed in the House 89 to 19 (details)

To impose a mandatory fine of $100 for a first offense and $200 for a subsequent offense for the "texting while driving" offense proposed by Senate Bill 4394. No "points" would be entered on a person's driving record for a violation, and driver could be stopped for just this.

Received in the Senate

April 27, 2010

Amendment offered by Sen. Roger Kahn (R-32)

To strip out the House provision earmarking the expected fine revenue to the state general fund rather than to libraries, which is where other traffic ticket goes. Note: Traffic fine revenue goes to libraries in part to reduce the incentive for law enforcement to issue tickets for revenue purposes rather than public safety. The House earmark was intended to allow limited repeal of some parts of that tax to allow limited repeal of some parts of the "bad driver" tax, revenue from which goes to the general fund.

The amendment passed by voice vote

Passed in the Senate 26 to 10 (details)

To send the bill back to the House without the House-passed earmark of texting-while-driving revenue to the general fund, which was intended to allow limited repeal of some parts of the "bad driver" tax.

Received in the House

April 27, 2010

April 28, 2010

Passed in the House 82 to 22 (details)

To concur with the Senate-passed version of the bill, which does not contain the House-passed earmarking of "texting-while-driving" fines toward repealing some of the "bad driver" taxes.

Signed by Gov. Jennifer Granholm

April 30, 2010