SECTION 1. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is hereby amended by adding thereto the following section:

31-22-11.8. Unauthorized use of cell phones on school bus. -- (a) The use of a cell phone by a school bus driver shall be prohibited, while the bus is transporting children except in the case of an emergency.

(b) Any person who violates any of the provisions of subsection (a) shall, upon conviction, be punished by a fine of fifty dollars ($50.00).

(c) For a subsequent conviction under this section a person shall be punished by a fine of fifty dollars ($50.00).

(d) If any civil action is brought as a result of a violation of this section, said violation shall be evidence of negligence.

SECTION 2. This act shall take effect upon passage.