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An Act To Prohibit Texting while Driving
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2119  is enacted to read:
§ 2119. Text messaging while operating motor vehicle; prohibition
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Cellular telephone" means a device used to access wireless telephone service.
 
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 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.
 
2.  Prohibition.     A person may not operate a motor vehicle while engaging in text messaging.
 
3.  Penalty.     A person who violates this section commits a traffic infraction for which a fine of not less than $100 may be adjudged.
 
Effective 90 days following adjournment of the 125th Legislature, First Regular Session, unless otherwise indicated.