LANSING – Motorists would be banned from sending and reading text messages while driving under a bill passed Tuesday by the Senate after a passionate debate on whether to make the violation a primary or secondary offense.

Senators narrowly rejected an amendment proposed by Sen. Bruce Patterson (R-Canton Twp.) to make the violation a primary offense, allowing police to pull over a motorist solely for texting while driving. Instead, the bills (SB 402 , SB 468 ) allow police to issue a ticket for texting while driving only if the officer pulls the motorist over for another offense like speeding or careless driving.

Prior to the Senate passing the bills on 31-6 votes, Patterson and Senate Minority Floor Leader Buzz Thomas (D-Detroit) had a strong exchange about whether the legislation should make the violation a primary or secondary offense.

“We must make this a real law, not just perfume on a pig,” Patterson said, calling the secondary offense plan a “great insult” to police.

But Thomas called that assessment offensive to state residents who he said would obey the new law even if it was a secondary offense.

“The intent of the amendment suggests as I see it is that the citizens of Michigan want to break the law and the only way they will obey the law is if they have the threat of police action against them,” he said. “They will put down the phone while they are driving. They will stop the text messaging. They will stop the gaming.”

Thomas referred to the amendment as a “poison pill” designed to cause its defeat on final passage, a characterization heatedly denounced by Patterson.

The House passed a similar ban on texting while driving (HB 4370 , HB 4394 ) in December, leaving the two chambers only to reconcile which bills to send to the governor.

The Senate rejected the amendment to make it a primary offense on an 18-18 vote, two short of a majority. Eight Republicans – Sen. Nancy Cassis of Novi, Senate Majority Floor Alan Cropsey of DeWitt, Sen. Tom George of Kalamazoo, Sen. Ron Jelinek of Three Oaks, Sen. Mike Nofs of Battle Creek, Sen. John Pappageorge of Troy, Patterson and Sen. Tony Stamas of Midland – joined 10 Democrats in support of making the offense a primary one.

Five Democrats – Sen. Deborah Cherry of Burton, Sen. Gilda Jacobs of Huntington Woods, Sen. Martha Scott of Detroit, Sen. Michael Switalski of Roseville and Mr. Thomas – joined 13 Republicans against the amendment.

Sen. Irma Clark-Coleman (D-Detroit) abstained and Sen. Valde Garcia (R-Howell) was absent. Garcia’s office said he was absent due to his commitments with the military.

The six Republicans opposing the bill on final passage were Sen. Cameron Brown of Fawn River Twp., Sen. Mark Jansen of Gaines Twp., Sen. Wayne Kuipers of Holland, Sen. Michelle McManus of Lake Leelanau, Nofs and Stamas.

This story was provided by Gongwer News Service. To subscribe, click on Gongwer.Com

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