Kentucky SB 28: AN ACT proposing to amend Sections 30 and 31 of the Constitution of Kentucky relating to elections of members of the General Assembly.

Bill Text

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AN ACT relating to operating a motor vehicle. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. KRS 189.292 IS REPEALED AND REENACTED TO READ 3
AS FOLLOWS: 4
(1) As used in this section, "mobile electronic device": 5
(a) Means a cellular telephone, portable computer, global positioning system 6
receiver, electronic game, or any substantially similar stand-alone 7
electronic device used to communicate, display, or record digital content; 8
and 9
(b) Does not include a citizens band radio, amateur radio, ham radio, 10
commercial two (2) way radio or its functional equivalent, subscription-11
based emergency communication device, or prescribed medical device. 12
(2) While operating a motor vehicle on any public highway in this Commonwealth, a 13
person shall not: 14
(a) Hold or support, with any part of the body, a mobile electronic device, 15
except that this paragraph shall not prohibit the use of an earpiece or device 16
worn on a wrist to conduct voice-based communication; 17
(b) Read, compose, or transmit any text, including but not limited to a text 18
message, email, application interaction, or website information, on a mobile 19
electronic device; or 20
(c) Watch moving images, including but not limited to a video, movie, game, or 21
video call, on a mobile electronic device. 22
(3) This section shall not apply to a motor vehicle operator who is: 23
(a) In a motor vehicle that is lawfully parked or stopped; 24
(b) Initiating a voice-based communication that is automatically converted by 25
the device and sent as text, if the device is not held by the operator or 26
supported with any part of the body by the operator; 27

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(c) Reporting an accident, emergency, or safety hazard to a public safety 1
official; 2
(d) Transmitting or receiving data as part of a digital dispatch system while: 3
1. Performing occupational duties; or 4
2. Conducting commercial testing or testing required by the Federal 5
Communications Commission; 6
(e) A first responder while performing official duties; 7
(f) Using a mobile electronic device for the purpose of: 8
1. Navigation, by listening to audio-based content or obtaining traffic 9
and road condition information in a manner that does not require the 10
operator to type, if the device is not held by the operator or supported 11
with any part of the body by the operator; 12
2. Initializing or ending a cellular call in a manner that does not require 13
the operator to type, if the device is not held by the operator or 14
supported with any part of the body by the operator; or 15
3. Unlocking the device for a purpose listed in subparagraph 1. or 2. of 16
this paragraph, if the device is not held by the operator or supported 17
with any part of the body by the operator; or 18
(g) Using equipment or services installed by the original manufacturer of the 19
vehicle. 20
(4) A peace officer shall not: 21
(a) Stop a person for a violation of this section unless the officer has visually 22
observed that a violation has occurred based on the officer's clear and 23
unobstructed view of a person who is unlawfully using a mobile electronic 24
device while operating a motor vehicle on the public highways of the 25
Commonwealth; 26
(b) Seize, search, view, or require the forfeiture of a mobile electronic device 27

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because of a violation of this section; 1
(c) Search or request to search a motor vehicle, operator, or passenger in a 2
motor vehicle solely because of a violation of this section; or 3
(d) Make a custodial arrest solely because of a violation of this section. 4
(5) The Transportation Cabinet shall install signage advising drivers of this section 5
at every point where a state highway enters the Commonwealth, and at various 6
points on state highways as determined by the cabinet. 7
Section 2. KRS 189.294 is amended to read as follows: 8
(1) As used in this section, "mobile electronic device[personal communication device]" 9
has[shall have] the same meaning as [defined ]in KRS 189.292. 10
(2) Any person under the age of eighteen (18) who has been issued an instruction 11
permit, intermediate license, or operator's license shall not operate a motor vehicle, 12
motorcycle, or moped that is in motion on the traveled portion of a roadway while 13
using a mobile electronic device[personal communication device], except to 14
summon medical help or a law enforcement or public safety agency in an 15
emergency situation. 16
(3) Use of a mobile electronic device[personal communication device] does not include 17
a stand-alone global positioning system, a global positioning or navigation system 18
that is physically or electronically integrated into the motor vehicle, or an in-vehicle