An Act To Prohibit Certain Uses of Cellular Telephones and Handheld Electronic Devices while Operating a Motor Vehicle
Maine Legislature, Session 124, LD 0040
Committee Amendment CA_A_H31 (House)

COMMITTEE AMENDMENT" A "to H.P. 35, L.D. 40, Bill, "An Act To Prohibit 
Certain Uses of Cellular Telephones and Handheld Electronic Devices while Operating a 
Motor Vehicle" 
Amend the bill in section 1 in §2117 in subsection 1 by striking out all of paragraph 
C (page 1, lines 10 and 11 in L.D.) and inserting the following: 
'C. "Handheld electronic device" means any handheld electronic device that is not 
part of the operating equipment of the motor vehicle, including but not limited to an 
electronic game, device for sending or receiving electronic mail, text messaging 
device or computer, but does not include a radio licensed by the Federal 
Communications Commission, including but not limited to a citizen band or amateur 
radio.' 
Amend the bill in section 1 in §2117 by striking out all of subsection 2 (page 1, lines 
to 22 in L.D.) and inserting the following: 
'2. Prohibition. The following provisions apply to the use of cellular telephones or 
other handheld electronic devices while operating a motor vehicle. 
A. 
A person may not operate a motor vehicle while using a handheld cellular 
telephone or a handheld electronic device. A person may not operate a motor vehicle 
while using a hands-free cellular telephone unless the features of the cellular 
telephone that allow hands-free operation are being used. 
B. A person may not operate a motor vehicle while using a radio licensed by the 
Federal Communications Commission, including but not limited to a citizen band or 
amateur radio, in an area in which the Commissioner of Transportation or the 
Executive Director of the Maine Turnpike Authority has restricted the speed limit for 
construction or maintenance activity pursuant to section 2075, subsection 2 when 
workers are present.' 
Amend the bill in section 1 in §2117 by striking out all of subsection 4 (page 1, lines 
to 35 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
~.~ce. 
COMMITIEE AMENDMENT" A 
"to H.P. 35, L.D. 40 
'4. Exception. The following persons are exempt from subsection 2 while operating 
a motor vehicle within the scope of their employment: 
A. Drivers of authorized emergency vehicles as defined in section 2054, subsection 
1, paragraph B; 
B. Physicians; 
C. Holders of commercial driver's licenses while operating a commercial vehicle; 
D. Municipal public works personnel, Maine Turnpike Authority personnel and state 
transportation personnel, including all employees and contractors of the department; 
and 
E. Personnel ofa public utility as defined in Title 35-A. section 102, subsection 13, 
including all employees and contractors of the public utility.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
.JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides funds for one Assistant Clerk position and one part-time Assistant 
Clerk position to handle a substantial increase in traffic violations as a result of 
prohibiting using a handheld cellular telephone or a handheld electronic device while 
operating a motor vehicle. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
2009-10 
1.500 
$63,015 
$63,015 
2010-11 
1.500 
$82,923 
$82,923 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the Joint Standing Committee on 
Transportation, expands the list of those exempt from the prohibition against using a 
handheld cellular telephone and a handheld electronic device while operating a motor 
vehicle to include personnel of a public utility within the scope of their employment. 
The amendment also provides that the definition qf "handheld electronic device" does 
not include a radio licensed by the Federal Communications Commission, including, but 
not limited to, a citizen band or amateur radio, a change that has the effect of allowing 
persons to use radios while driving. The amendment prohibits the use of a radio while 
driving in an area designated by the Department of Transportation or the Maine Turnpike 
COMMITTEE AMENDMENT 
'\ 
) 
. ./ 
") 
') 
.. -" 
') 
,r 
'" 
~. G\ ce· 
,..--" " 
COMMITTEE AMENDMENT" A "to H.P. 35, L.D. 40 
Authority as a construction zone but allows workers within construction zones to 
continue to use handheld cellular telephones, handheld electronic devices or radios 
licensed by the Federal Communications Commission if it is within the scope of their 
employment. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
I' 
I.:, 
, '1 
Approved: 03/10/09 ;:::!;Yac 
'J 
'.,Ii 
'124th MAINE LEGISLATURE 
LD40 
LR 2(02) 
An Act To Prohibit Certain Uses of Cellular Telephones and Handheld ElectroniC Devices while 
Operating a Motor Vehicle' 
Fiscal Note for Bill as A~ended by Committee Amendment "A" 
Committee: Transpoirtation 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projectio~s 
2012-13 
) 
Net Cost (Savings) 
General Fund 
($184,440) 
($297,777) 
($293,630) 
($289,276) , 
, 
) 
Appropriations/Allocations 
General Fund 
Revenue 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$63,015 
$247,455 
$59,670 
$82,923 
$380,700 
$91,800 
$87,070 
$380,700 
$91,800 
$91,424 
$380,700 
$91,800 
The Judicial Branch will experience an increase in General Fund fine revenue due to an increase in traffic violations 
as a result of the prohibition against using handheld electronic devices, including telephones, while operating a motor 
.vehicle. The General Fund gain is estimated to be $247,455 in fiscal year 2009-10 and $380,700 in fiscal year 2010-
11. The corresponding increase in Other Special Revenue Funds revenue from fine surcharges is estimated to be 
$59,670 in fiscal year 2009-10 and $91,800 in fiscal year 2010-11. This bill also includes a General Fund 
appropriation of $63 01.5 in fiscal year 2009-10 and $82,923 in fiscal year 2010-11. for, one full-time and one part-time 
, Assistant Clerk positions to handle the increase in the number of traffic violations. 
' 
The State Police within the Department ofPubIic Safety will see increases in violations due to this legislation, 
potentially resulting in additional court time for State Police troopers. If the court time falls on a scheduled day off, 
the trooper would be paid overtime for at least fOllr hOllrs. It is not known how much additional overtime costs may be 
incurred since it is difficult to estimate the amount of increased violations. 
LR0002(02) - Fiscal Note - Page 1 of 1 
)