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BEST BILL FROM THE 2008 PROGRAM

 

Bill# LD 2008  - 905  

Bill Sponsor: Chris Plaisted                                

Co-Bill Sponsor(s):  Kameron Hanson, Robert Harvey, and Paul Jans
School / Club / YMCA:  Washington Academy
Fiscal Impact:
$304,000,000.00                                                    

Endorsed By:  Laurie Esposito-Hain

Referred to the Committee on: Transportation


AN ACT RELATING TO:

Establishment of a Law Prohibiting the Use of Any Mobile Communications Device While Operating a Motorized Vehicle


Be it enacted by the State YMCA of Maine’s 2007 Youth in Government Program as follows:
1. SECTION 1: The State of Maine will create a law prohibiting the use of any mobile communications

2. device while operating a motorized vehicle that is in motion.
3. SECTION 2:
Mobile communications device defined – any device that can be used to communicate

4. with another party that is not present within the motorized vehicle described in the above law.
5. SECTION 3: Motorized vehicle defined – any device that has a motor attached to it and is capable of      

6. transporting one or more people.
7. SECTION 4: The above law will be enforced by any law enforcement officers that witness a violation of

8. this law. The law enforcement officer will only charge a person of a violation of the above law if he or      

9. she deems it appropriate to the circumstances.
10. SECTION 5: The penalties for violating the above law will be similar to the penalties for Operating      

11. Under the Influence of alcohol (OUI) as follows.
12. a.    SUB-SECTION 5A: Any violator of the above law will be fined no less than $175 on their first

13. offense within a 7-year period of any previous offenses.
14. b.   SUB-SECTION 5B: In the instance of a second offense within a 7-year period of the previous

15. offense, the violator of the above law will be fined no less than $300.
16. c.    SUB-SECTION 5C: In the instance of a third offense within a 7-year period of a previous offense,

17. the violator of the above law will be fined no less than $500 and will have a court-ordered suspension

18. of their driver's license for a period of no less than 7 days (if violating the above law in an automobile).
19. d.    SUB-SECTION 5D: If any additional instances occur within a 7-year period of a previous offense,

20. the violator will be fined no less than $1,000 and will have a court ordered suspension of their driver's

21. license for a period of at least 30 days (if violating the above law in an automobile).
22. SECTION 6: Law enforcement officers, rescue personal operators of air-borne motorized vehicles,

23. and on duty military personnel will be the only parties exempt from the above law on the basis that

24. mobile communications devices are necessary for them to do their jobs correctly.
25. SECTION 7: The above law will become effective on
May 24, 2009.
26. STATEMENT OF FACT: Motorized vehicle accidents cost the state of
Maine an average of $912

27. million each year with about a third (1/3) of these accidents being caused by distractions involving

28. mobile communications devices while driving. Therefore, the above law could reduce this amount by

29. a third (1/3) saving the state up to $304 million each year.
30. STATEMENT OF FACT: The following facts were concluded by a study operated under
Montana

31. State University that tested 36 drivers aged 18 to 63 in a simulated vehicle. The tests consisted of the

32. drivers being asked a series of questions through a mobile phone. A British study and another study

33. operated by the popular TV show Mythbusters confirmed these facts. Drivers are 3.8 times more likely 34. to get in a motorized vehicle accident when distracted by a mobile communications device. Driving

35. while using a mobile communications device is equal to being at .08 blood-alcohol content limit, the

36. legal limit for Maine. Anything equal to or above this limit is considered illegal. Drivers are as equally

37. distracted with hands-free mobile communications devices as they are with hand-held mobile

38. communications devices.
39. FISCAL IMPACT: Up to $304 million would be supplemented to the state of
Maine’s annual budget

40. as a result of this law. The $304 million are already in the State’s budget but is spent concerning

41. motorized vehicle accidents that are caused by mobile communications devices. This money could be 42. used to increase the education fund(s) or the road repair fund(s). It can also help the State to become

43. more financially secure.
44. REFERENCES:
Montana State University’s website

45. (http://www.montana.edu/news/1119554284.html), Weitz and Luxenburg’s website

46. (http://www.weitzlux.com/maine/maine/carcollision/2003_3046.html), Wikipedia’s website

47. (http://en.wikipedia.org/wiki/Mobile_phone#Safety_Concerns), Find Law for the Public’s website

48. (http://janus.state.me.us/legis/statutes/29-A/title29-Asec2411.html), Virginia Best Practices in School-49. based Violence Protection Program’s website

50. (http://www.pubinfo.vcu.edu/VaBP/program_details.asp?id=445), and Annotated Mythbusters’ website 51. (http://kwc.org/mythbusters/2005/06/mythbusters_killer_brace_posit.html).

.

Criteria for being selected Best Bill:

.

  1. Proper Submission emailed in prior to deadline
  2. Content, bill has all required parts, Statement of Fact, References, Fiscal Statement,
    and is a relevant issue to State Legislature.
  3. Clarity, bill passes straight face test, and is easy to understand
  4. Debatable, bill is an issue that creates debate
  5. 5. Originality/Uniqueness, bill is a new idea
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