Senator YOUNG proposed the following amendment (248R008.SP.TRY):

Amend the bill, as and if amended, by striking Section 59-5-3890(C) and inserting:

/ (C)This section does not apply to a person motor vehicle operator who is:

(1) lawfully parked or stopped;

(2) using a hands free wireless electronic communication device initiating a voice-based communication that is automatically converted by the device and sent as text, provided that the device is not held by the operator or supported with any part of the body by the operator;

(3) summoning emergency assistance reporting an accident, emergency, or safety hazard to a public safety official;

(4) transmitting or receiving data as part of a digital dispatch system while performing occupational duties;

(5) a public safety official while in the performance of the person's a first responder while performing official duties; or

(6) using a global positioning system device or an internal global positioning system feature or function of a wireless electronic communication mobile electronic device for the purpose of

(a) navigation, listening to audio-based content, or obtaining related traffic and road condition information in a manner that does not require the operator to type, provided that the device is not held by the operator or supported with any part of the body by the operator;

(b) using a mobile electronic device to initiate or end a cellular call in a manner that does not require the operator to type, provided that the device is not held by the operator or supported with any part of the body by the operator; or

(c) unlocking the device for a purpose listed in subitems (a) or (b), provided that the device in not held by the operator or supported with any part of the body by the operator; or

(7) using equipment or services installed by the original manufacturer of the vehicle. /

Amend the bill further, as and if amended, by striking Section 59-5-3890(D)(1) and inserting:

/ (D)(1) A person who is adjudicated to be in violation of the provisions of this section is guilty of distracted driving and, upon conviction:

(a) for a first offense, must be fined not more than twenty-five one hundred dollars, no part of which may be suspended; and

(b) for a second or subsequent offense, must be fined two hundred dollars, no part of which may be suspended, and must have two points assessed against his motor vehicle operating record. /

Amend the bill further, as and if amended, by striking SECTION 5 and inserting:

/SECTION5. During the first ninety days after the effective date of this act, law enforcement officers shall only issue warnings for violations of Section 56-5-3890, as amended by this act. /

Amend the bill further, as and if amended, after SECTION 5, by adding an appropriately numbered new SECTION to read:

/SECTION __. At the end of each fiscal year, the Department of Public Safety shall report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Transportation Committee, and the Chairman of the House Education and Public Works Committee the age, gender, and race of every driver issued a citation, as well as every instance that a citation is not issued following a traffic stop made pursuant to this Act. The data must be reported at least by statewide totals for local law enforcement agencies, state law enforcement agencies, and state university law enforcement agencies. The statewide total for local law enforcement agencies shall combine the data collected by county and the municipal law enforcement agencies. /