H0037B0356A01752 BIL:EJH 06/07/19 #90 A01752
AMENDMENTS TO HOUSE BILL NO. 37
Sponsor: REPRESENTATIVE HENNESSEY
Printer's No. 356
Amend Bill, page 1, line 4, by inserting after "general,"
repealing provisions relating to prohibiting text-based
communications,
Amend Bill, page 3, by inserting between lines 17 and 18
Section 3. Section 3316 of Title 75 is repealed:
[§ 3316. Prohibiting text-based communications.
(a) Prohibition.--No driver shall operate a motor vehicle on
a highway or trafficway in this Commonwealth while using an
interactive wireless communications device to send, read or
write a text-based communication while the vehicle is in motion.
A person does not send, read or write a text-based communication
when the person reads, selects or enters a telephone number or
name in an interactive wireless communications device for the
purpose of activating or deactivating a voice communication or a
telephone call.
(b) (Reserved).
(c) Seizure.--The provisions of this section shall not be
construed as authorizing the seizure or forfeiture of an
interactive wireless communications device, unless otherwise
provided by law.
(d) Penalty.--A person who violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of $50.
(e) Preemption of local ordinances.--In accordance with
section 6101 (relating to applicability and uniformity of
title), this section supersedes and preempts all ordinances of
any municipality with regard to the use of an interactive
wireless communications device by the driver of a motor vehicle.
(f) Definition.--As used in this section, the term "text-
based communication" means a text message, instant message,
electronic mail or other written communication composed or
received on an interactive wireless communications device.]
Amend Bill, page 3, line 18, by striking out "3" and
inserting
4
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Amend Bill, page 4, line 1, by striking out the period after
"off" and inserting
or to enable the function of a hands-free interactive
wireless communications device that allows the user to engage
in a call without the use of either hand.
Amend Bill, page 4, line 4, by inserting after "accessory,"
or operate a hands-free wireless communications device
Amend Bill, page 4, line 20, by inserting after "(a)(2)"
and (3)
Amend Bill, page 4, line 22, by inserting after "device"
, including by a person under 18 years of age,
Amend Bill, page 5, lines 18 and 19, by striking out "into
the Distracted Driver" in line 18 and all of line 19 and
inserting
as follows:
(A) The first $5,000,000 collected within any
fiscal year shall be deposited into the Distracted
Driver Awareness Fund.
(B) After the deposit in clause (A) is made, the
remaining amount shall be deposited into the
Multimodal Transportation Fund to be used exclusively
for the purposes of 74 Pa.C.S. § 2104(a)(4) (relating
to use of money in fund).
Amend Bill, page 5, by inserting between lines 28 and 29
(e) Seizure.--The provisions of this section shall not be
construed as authorizing the seizure or forfeiture of an
interactive wireless communications device or hands-free
interactive wireless communications device, unless otherwise
provided by law.
(f) Preemption of local ordinances.--In accordance with
section 6101 (relating to applicability and uniformity of
title), this section supersedes and preempts all ordinances of
any municipality with regard to the use of an interactive
wireless communications device or hands-free interactive
wireless communications device by the driver of a motor vehicle.
Amend Bill, page 5, line 29, by striking out "(e)" and
inserting
(g)
Amend Bill, page 6, line 14, by striking out "telephone" and
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inserting
interactive wireless communications device
Amend Bill, page 7, by inserting between lines 13 and 14
(d) Unused money.--Any money in the fund which is
unexpended, uncommitted and unencumbered at the end of a fiscal
year shall be transferred to the Multimodal Transportation Fund
for the purposes of 74 Pa.C.S. § 2104(a)(4) (relating to use of
money in fund).
Amend Bill, page 7, line 14, by striking out "(d)" and
inserting
(e)
Amend Bill, page 7, line 18, by striking out "(e)" and
inserting
(f)
Amend Bill, page 7, line 20, by striking out "4" and
inserting
5
Amend Bill, page 8, line 1, by inserting a bracket before
"3316"
Amend Bill, page 8, line 2, by inserting a bracket after
"communications),"
Amend Bill, page 8, line 14, by inserting a bracket before
"3316,"
Amend Bill, page 8, line 14, by inserting a bracket after
"3316,"
Amend Bill, page 8, line 23, by inserting a bracket before
"3316"
Amend Bill, page 8, line 24, by inserting a bracket after
"communications),"
Amend Bill, page 9, line 6, by inserting a bracket before
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"3316,"
Amend Bill, page 9, line 6, by inserting a bracket after
"3316,"
Amend Bill, page 9, line 7, by striking out "5" and inserting
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