(1) Except as provided in this section, an individual issued a level 1 or level 2 graduated license under section 310e shall not use a cellular telephone while operating a motor vehicle upon a highway or street. For purposes of this subsection, “use” means to initiate a call; answer a call; or listen to or engage in verbal communication through the cellular telephone.

  (2) Subsection (1) does not apply to an individual who is using a cellular telephone to do any of the following:

  (a) Report a traffic accident, medical emergency, or serious road hazard.

  (b) Report a situation in which the person believes his or her personal safety is in jeopardy.

  (c) Report or avert the perpetration or potential perpetration of a criminal act against the individual or another person.

  (3) Subsection (1) does not apply to an individual using a voice-operated system that is integrated into the motor vehicle.

  (4) An individual who violates this section is responsible for a civil infraction.

  (5) This section supersedes all local ordinances regulating the use of a cellular telephone by an individual issued a level 1 or level 2 graduated license while operating a motor vehicle in motion on a highway or street, except that a unit of local government may adopt an ordinance or enforce an existing ordinance substantially corresponding to this section.

  (6) This section shall be known and may be cited as “Kelsey’s Law”.