A BILL TO BE ENTITLED
AN ACT to make it unlawful to use ADDITIONAL TECHNOLOGY OR a mobile telephone to engage in a call while operating a public or private school bus, while operating a SCHOOL ACTIVITY bus, OR WHILE PROVIDING CONTRACTED TRANSPORTATION SERVICES FOR A PUBLIC OR PRIVATE SCHOOL IN ANY VEHICLE.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑140.6.  Unlawful use of a mobile phone. 
(a)	Definitions. – For purposes of this section, the following terms shall mean:
(1)	Additional technology. – Any technology that provides access to digital media such as a handheld camera, electronic mail, music, the Internet, or games.
(2)	Mobile telephone. – A device used by subscribers and other users of wireless telephone service to access such service. The term includes: (i)  a device with which a user engages in a call using at least one hand, and (ii) a device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of such telephone.
(3)	Wireless telephone service. – A service that is a two‑way real‑time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 C.F.R. § 20.3.
(4)	Use. – Hold a mobile telephone to, or in the immediate proximity of, the user's ear or use a hands‑free mobile telephone device to engage in a call.
(5)	Engage in a call. – Talking into or listening on a mobile telephone but shall not include holding a mobile telephone to activate, deactivate, or initiate a function of such telephone.
(6)	Immediate proximity. – That distance as permits the user of a mobile telephone to hear telecommunications transmitted over such mobile telephone but shall not require physical contact with such user's ear.
(7)	Emergency situation. – A situation in which medical concerns, unsafe road conditions, public safety concerns, or mechanical failures create a risk of harm for the operator or passengers of a public or private school bus or a school activity bus or a vehicle providing contracted transportation services for a public or private school.(b)	Offense. – Except as otherwise provided in this section, no person shall use additional technology or a mobile telephone to engage in a call while operating a public or private school bus or a school activity bus or while providing contracted transportation services for a public or private school in any vehicle. An operator of a public or private school bus or school activity bus or other contracted vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is being operated is presumed to be engaging in a call within the meaning of this section. The presumption established by this subsection is rebuttable by evidence tending to show that the operator was not engaged in a call. 
(c)	Seizure. – The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone or additional technology, unless otherwise provided by law.
(d)	Exceptions. – The provisions of subsection (b) of this section shall not apply to the use of a mobile telephone or additional technology for the sole purpose of communicating in an emergency situation.
(e)	Local Ordinances. – No local government may pass any ordinance regulating the use of mobile telephones or additional technology by operators of the vehicles specified in subsection (b) of this section.
(f)	A violation of this section shall be a Class 2 misdemeanor and shall be punishable by a fine of not less than one hundred dollars ($100.00)."
SECTION 2.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.