LANSING – The Michigan Senate made a major change Thursday to legislation that would ban motorists from texting while driving as they made the violation a primary offense, allowing police to ticket drivers for texting without having to first pull them over for committing another infraction.

What made the move so surprising is that the Senate had previously rejected attempts to convert the legislation (HB 4394 ) from a secondary offense to a primary offense. However, the lead senator on the issue, Senate Minority Floor Leader Buzz Thomas (D-Detroit), who had resisted making the bill a primary offense, cited national studies recommending primary enforcement in explaining his shift.

However, Thomas pushed for phasing in primary enforcement over a period of years. But before that amendment came up, the amendment making the infraction a primary offense as soon as the law takes effect July 1 came up for consideration and it was easily adopted on an unrecorded 24-8 vote.

Then the bill cleared the Senate comfortably on a 28-10 vote as 12 Republicans voted with all 16 Democrats in favor of passage. Republicans backing the bill: Sen. Patricia Birkholz of Saugatuck, Sen. Nancy Cassis of Novi, Senate Majority Floor Leader Alan Cropsey of DeWitt, Sen. Tom George of Kalamazoo, Sen. Jud Gilbert of Algonac, Sen. Bill Hardiman of Kentwood, Sen. Ron Jelinek of Three Oaks, Sen. Roger Kahn of Saginaw Twp., Sen. Mike Nofs of Battle Creek, Sen. John Pappageorge of Troy, Sen. Bruce Patterson of Canton Twp. and Sen. Gerald Van Woerkom of Norton Shores.

The legislation, which also includes HB 4370 , returns to the House where its prospects are uncertain. Rep. Lee Gonzales (D-Flint), leading the issue in the chamber, said he could support primary enforcement, but was unsure whether it could pass the House. He said the change would certainly mean fewer votes than when the bill first passed the chamber.

Gilbert, who proposed the primary enforcement amendment, said the continuing reports of accidents caused by texting while driving motivated his change of position – and probably other senators.

“Between December and now, I think I’ve read at least two stories where texting is suspected in fatal accidents,” he said. “I think those kinds of things increased the likelihood of people going to primary.”

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

a>>