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Amend the bill by striking out the title and substituting the following:
‘An Act To Specifically Prohibit Texting That Constitutes Distracted Driving’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 29-A MRSA §2118, sub-§1, as reallocated by RR 2009, c. 1, §18, is amended to read:
 
1. Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A. "Operation of a motor vehicle while distracted" means the operation of a motor vehicle by a person who, while operating the vehicle, is engaged in an activity, including but not limited to text messaging, that:
 
(1) That isIs not necessary to the operation of the vehicle; and
 
(2) That actuallyActually impairs, or would reasonably be expected to impair, the ability of the person to safely operate the vehicle.
 
B.  "Portable electronic device" means any portable electronic device that is not part of the operating equipment of a motor vehicle, including but not limited to an electronic game, device for sending or receiving e-mail, text messaging device, cellular telephone and computer.
 
C. "Text messaging" means reading or manually composing or sending electronic communications, including text messages, instant messages and e-mails, using a portable electronic device. "Text messaging" does not include using a global positioning or navigation system.’
 
SUMMARY
This amendment, which is identical to Committee Amendment "A," specifically prohibits text messaging while driving but only if that text messaging actually impairs, or would reasonably be expected to impair, a person's ability to safely operate a motor vehicle.