CERTIFICATION OF ENROLLMENT

ENGROSSED HOUSE BILL 1214

Chapter 416, Laws of 2007

60th Legislature
2007 Regular Session



TEXT MESSAGING



EFFECTIVE DATE: 01/01/08

Passed by the House April 17, 2007
  Yeas 90   Nays 8

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 13, 2007
  Yeas 32   Nays 15


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1214 as passed by the House of Representatives and the Senate on the dates hereon set forth.


RICHARD NAFZIGER
________________________________________    
Chief Clerk
Approved May 11, 2007, 10:12 a.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 11, 2007







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED HOUSE BILL 1214
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2007 Regular Session
State of Washington60th Legislature2007 Regular Session

By Representatives McDonald and Morrell

Read first time 01/15/2007.   Referred to Committee on Transportation.



     AN ACT Relating to operating a motor vehicle while reading, writing, or sending electronic messages; adding a new section to chapter 46.61 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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.


         Passed by the House April 17, 2007.
         Passed by the Senate April 13, 2007.
         Approved by the Governor May 11, 2007.
         Filed in Office of Secretary of State May 11, 2007.