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H 3137

Texting while driving

2025-2026 Regular Session Introduced by Todd Rutherford

Massachusetts H 3137 raises Title 5 septic tax-credit caps and separately drafts texting-while-driving rules with fines and enforcement details.

Referred to Committee on Judiciary
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Bill Summary · H 3137

Summary — H 3137 (as filed Jan–Feb 2025)

Note up front: the document provided contains mixed and duplicated material from two different statutes (a Massachusetts amendment concerning a Title 5 income tax credit for septic system repairs and a South Carolina-style statutory draft on texting while driving). This summary describes both distinct components and highlights inconsistencies in the supplied text. Verify the chamber’s official bill text for the final, authoritative language.

Purpose / Intent

  • Two different policy goals appear in the provided materials:
    1. Massachusetts: Increase certain dollar limits in the Title 5 income tax credit that assists homeowners who repair or replace failed septic systems.
    2. Texting-while-driving (South Carolina model language included): Define terms related to wireless devices and texting, prohibit composing/sending/reading text-based communications while driving, set exceptions, establish enforcement rules, and create tiered fines for violations.

Key provisions — Massachusetts (Title 5 income tax credit)

  • Amends Section 6(i) of Chapter 62 (Mass. Gen. Laws) to raise dollar amounts in the existing tax-credit provision for homeowners who incur costs repairing or replacing failed septic systems:
    • Changes “$15,000” to “$25,000”
    • Changes “$1,500” to “$4,000”
    • Changes “$6,000” to “$10,000”
  • Effect: increases one or more statutory monetary caps related to the tax credit (exact allocation depends on the full statutory context of Section 6(i)).

Key provisions — Texting while driving (wireless device statute)

  • Definitions: “hands-free wireless electronic communication device,” “text-based communication,” “wireless electronic communication device,” and “great bodily injury” (defined as injury creating substantial risk of death, serious permanent disfigurement, or protracted loss/impairment of a bodily member or organ).
  • Prohibition: It is unlawful to use a wireless device to compose, send, or read text-based communications while operating a motor vehicle on public streets/highways.
  • Exceptions: lawfully parked/stopped drivers; use of hands-free devices; summoning emergency assistance; digital dispatch systems; public safety officials on duty; GPS/navigation use.
  • Enforcement and limits on police powers:
    • Officer must have probable cause based on a clear, unobstructed view to stop a driver for violation.
    • Prohibits seizure/search/forfeiture of devices or custodial arrest except on warrant for failure to appear or pay.
    • Violations are treated as noncriminal (not reported to DMV or insurers) and not included in certain records.
    • First 180 days after effective date: officers issue warnings only.
    • Department of Public Safety must maintain citation statistics.
    • State preempts local ordinances on the same subject.
  • Penalties (text contains inconsistent/drafted language; intended tiers appear to be):
    • A tiered fine schedule is shown: ~$50 if no injury/death/property damage; ~$250 if property damage or bodily injury (but not great bodily injury/death); ~$1,000 if great bodily injury or death results. The draft also contains contradictory phrasing capping fines at $25 or $50 in other lines; these inconsistencies require resolution in the official text.
  • Effective date: upon governor’s approval (per draft).

Who is affected

  • Massachusetts provision: homeowners who repair/replace failed septic systems; taxpayers claiming the Title 5 related income tax credit; state revenue/administration.
  • Texting-while-driving provision: all drivers in the jurisdiction covered by the statute, law enforcement agencies, courts, motor vehicle record/insurance reporting systems, and local governments (preemption).

Procedural / timeline notes (from provided actions)

  • Prefiled: 12/05/2024
  • Introduced/read first time: 01/14/2025
  • Referred to Committee on Judiciary (dates repeated in the record) and also shows referral to Revenue (2/27/2025) — the materials show multiple, possibly conflicting referrals.
  • Hearing(s) scheduled/rescheduled for 11/18/2025 (various times/locations listed).
  • Some entries note “Senate concurred” on 02/27/2025 (this may reflect parallel or predecessor action, but conflicts with other procedural entries).
  • Related bill: HD 1187 (listed as replaced).

Notes and recommendations

  • The file appears to combine at least two separate legislative texts and contains duplicate and internally inconsistent penalty language. For advocacy, compliance, or legal analysis, consult the official bill text posted by the chamber (House Clerk or legislative database) to determine which provisions belong to H 3137 as officially introduced and to confirm final committee assignment, exact dollar-cap changes, and final penalty language.

Compiled from official sources — confirm details with the bill’s official record.

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