2023 House Bill 4251 / Public Act 39

Traffic control: driver license; penalties for operating a vehicle while sending or receiving a message on an electronic wireless device; enhance.

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 319b, 320a, and 320d (MCL 257.319b, 257.320a, and 257.320d), section 319b as amended by 2015 PA 11, section 320a as amended by 2018 PA 349, and section 320d as amended by 2012 PA 498.

House Fiscal Agency Analysis

House Bills 4250, 4251, and 4252 would amend the Michigan Vehicle Code to prohibit, with some exceptions, holding or using a cell phone or other mobile device while operating a motor vehicle. This prohibition would replace provisions that now prohibit texting while driving and, for specific types of drivers, making or taking phone calls in certain circumstances. The new prohibition would generally prohibit holding a device or using it for any reason, including among other things texts, calls, videos, and engaging with social network sites. The bills would provide exceptions for specific cases such as hands-free or emergency use. Violations could result in a civil fine, community service, a driver improvement course, or points on the driver’s driving record, depending in part on circumstances such as repeat violations. However, none of these prohibitions would apply five years after the date House Bill 4250 is enacted.

Introduced in the House

March 9, 2023

Introduced by Rep. Tyrone Carter (D-1) and 9 co-sponsors

Co-sponsored by Reps. Christine Morse (D-40), Regina Weiss (D-6), Carrie Rheingans (D-47), Helena Scott (D-7), Brenda Carter (D-53), Samantha Steckloff (D-19), Felicia Brabec (D-33), Matt Koleszar (D-22) and Karen Whitsett (D-4)

Referred to the Committee on Transportation, Mobility and Infrastructure

April 19, 2023

Reported with substitute H-2

April 25, 2023

Substitute H-2 concurred in by voice vote

May 2, 2023

Substitute H-4 offered by Rep. Tyrone Carter (D-1)

The substitute passed by voice vote

Passed in the House 66 to 41 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

May 3, 2023

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

May 4, 2023

Reported without amendment

May 9, 2023

Referred to the Committee of the Whole

Reported without amendment

May 10, 2023

Amendment offered by Sen. Aric Nesbitt (R-20)

1. Amend page 23, following line 8, by inserting:

“Enacting section 2. This amendatory act takes effect June 30, 2023.”.

The amendment passed by voice vote

Passed in the Senate 27 to 11 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Received in the House

May 10, 2023

May 11, 2023

Amendment concurred in 69 to 38 (details)

Signed by Gov. Gretchen Whitmer

June 7, 2023