"NEW SECTION.  Sec. 1   A new section is added to chapter 46.61 RCW to read as follows:
     (1) Except as provided in subsection (2) of this section, a person operating a moving motor vehicle who, by means of an electronic wireless communications device, other than a voice-activated global positioning or navigation system that is permanently affixed to the vehicle, sends, reads, or writes a text message, is guilty of a traffic infraction. A person does not send, read, or write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call.
     (2) Subsection (1) of this section does not apply to a person operating:
     (a) An authorized emergency vehicle; or
     (b) A moving motor vehicle while using an electronic wireless communications device to:
     (i) Report illegal activity;
     (ii) Summon medical or other emergency help;
     (iii) Prevent injury to a person or property; or
     (iv) Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.
     (3) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.
     (4) Infractions under this act shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers.

NEW SECTION.  Sec. 2   This act takes effect January 1, 2008."