BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Title 21, Chapter 41, Delaware Code by inserting a new section to read as follows:

"§4182A Use of Mobile Telephones, Restrictions; Penalty.

(a) Definitions - For purposes of this section, the following terms shall mean:

(b)(1) Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion.

(2) An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call.

(3) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.

(c) Subsection (b) of this section shall not apply to:

(1) The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation:

(A) An emergency response operator;

(B) A hospital, physician's office or health clinic;

(C) An ambulance company or corps;

(D) A fire department, district or company; or

(E) A police department.

(2) Any of the following persons while in the performance of their official duties:

(A) A police officer or peace officer;

(B) A member of a fire department, district or company;

(C) The operator of an authorized emergency vehicle; or

(3) The use of a hands-free mobile telephone.

(d) A violation of subsection (b) of this section shall be subject to a fine of not more than $50.00.

(e) The Court shall waive any fine for which a person who violates subsection (b) of this section would be liable if such person supplies the Court with proof satisfactory to the Court that, between the date on which he or she is charged with having violated such subsection and the appearance date for such violation, he or she possesses a hands-free mobile telephone as defined in subsection (a) of this section; provided, however, that such waiver of fine shall not apply to a second or subsequent violation under such subsection."

Section 2. Except as otherwise provided in section 3 of this Act, no municipal corporation or county government shall enact any law, ordinance, or code relating to the operation of a motor vehicle while using a mobile telephone unless the terms of such law, ordinance or code are identical to Section 1 of this Act. The provisions of this Act shall invalidate and preempt any such local law, ordinance or code, unless the terms of such law, ordinance or code are identical to Section 1 of this Act.

Section 3. The provisions of this Act shall preempt any local law, ordinance, code, rule or regulation relating to the operation of a motor vehicle while using a mobile telephone, except that nothing in this Act shall preclude any state or local agency, which, by permit, license or registration regulates the business or professional activities of individuals from imposing more stringent restrictions than provided in this Act for the use of mobile telephones upon such individuals during the course of engaging in the business or professional activity that is the subject of such agency's permit, license or registration.

Section 4. The Secretary of Public Safety of the State of Delaware, in consultation with the Superintendent of the State Police, shall study the effects of the use of mobile telephones and similar equipment in conjunction with the operation of motor vehicles, and the effects of other forms of driver inattention and distraction, on highway and traffic safety, and shall submit a report of his or her findings to the Governor and the Members of the General Assembly, not later than 4 years from the effective date of this Act. Such report shall include, but not be limited to:

Section 5. The Department of Public Safety, in any future summary of motor vehicle accident statistics shall include information relative to the types of driver inattention by the operator of a motor vehicle which contributed to, or were a factor in, such accidents.

Section 6. The effective date for Sections 1 and 2 of this Act shall be January 1, 2004 provided that:

From July 1, 2003 through December 31, 2003 for the purpose of informing and educating persons who operate motor vehicles in this State, any law enforcement official authorized to issue citations for violations of this Act may stop motor vehicles and issue warnings, verbal or in writing to persons who such officer believes would have been in violation of this Act if it were in effect. Nothing contained herein shall be construed to prevent such officer on or after January 1, 2004, from issuing a warning of a possible violation if this Act to an operator of a motor vehicle if the officer believes such warning is in the public interest.

The effective date for Sections 3, 4 and 5 of this Act shall be the date of enactment into law.