Senate kills hands-free cell phone bill on 13-22 vote
The Idaho Senate has killed SB 1283a, the bill to allow only hands-free use of cell phones or other electronic devices while driving, on a 13-22 vote after a long debate; you can read my full story here at spokesman.com. The bill, which would have replaced the state’s current ban on texting while driving, was aimed at saving lives, said Sen. Marv Hagedorn, R-Meridian, the bill’s lead sponsor. “We’ve got to be smarter and we’ve got to do something better,” he told the Senate, noting that 64 Idahoans died in crashes caused by misuse of electronic devices in 2016, according to ITD. “And this particular bill is smarter and better.”
Sen. Dan Foreman, D-Moscow, spoke out against the bill, saying Idahoans wouldn’t obey it. “We could pass laws on this topic ‘til the cows come home and they will continue to do it,” he said. “The people of the state of Idaho do not want to lose their ability to legally use their electronic devices, whether that’s safe or not by any technical definition is a moot point in my mind. The people have spoken on this issue. If you don’t believe me, the next time you pull up to an intersection and stop for a red light, look around. … I don’t think we should go against … the people’s will on this. … I think the people really through their actions have spoken.”
Sen. Grant Burgoyne, D-Boise, said, “You know, we have laws against murder and we still have murders. We have laws against bank robbery and we still have bank robberies. That isn’t why we have laws. We don’t have laws to extinguish crime. We’re all smart enough to know we’re not going to extinguish crime. ... We know it’s not going to make everybody a perfect driver, and we know there are people that are going to break the law. That’s a given. We’re talking about rate of incidence – we’re talking about whether we can make the roads safer.” He said, “I love Idaho and I love the freedom we have here. And I’m not for over-reaching regulation. But I want to live to enjoy it. So I’m going to vote for this bill.”
Sen. Mark Harris, R-Soda Springs, said, “Texting is already against the law and it’s been stated that it’s hard to enforce. I guess my question is why are we going to add other things besides texting for law enforcement to try to enforce. There’s a lot of reasons for distracted driving. Eating in your car. I know of a crash in Montpelier happened because a pretty girl was walking down the street. There’s already laws and fines for inattentive driving. This bill is not needed. I think the issue may be better addressed through education, not regulation. The intention is good but this bill goes too far.”
Sen. Steve Vick, R-Dalton Gardens, called the bill “another example of overreach.” He said, “I think we have better things to do than look for people whether they’re wearing one earbud or two earbuds when they’re driving down the road.”
Senate Transportation Chairman Bert Brackett, R-Rogerson, spoke in favor of the bill. “I do a lot of business on the phone,” he said “I do have hands-free capability in my vehicle. … This will change my behavior if this bill passes.” He compared it to the seatbelt law. “The seatbelt is to protect yourself,” he said. “What we’re talking about is protecting others. … My rights stop at the point that I endanger others.”
Hagedorn, in his closing debate, said, “All of us know that it is a problem. All of us know that people are getting killed. … It’s our duty to set sideboards on the privilege of driving down the highway.”
Here's how the vote broke down:
Voting in favor: Sens. Agenbroad, Brackett, Buckner-Webb, Burgoyne, Hagedorn, Hill, Jordan, Keough, Lodge, Martin, Nye, Stennett and Ward-Engelking.
Voting against: Sens. Anthon, Bair, Bayer, Crabtree, DenHartog, Foreman, Guthrie, Harris, Heider, Johnson, Lakey, Lee, Mortimer, Nonini, Patrick, Potts, Rice, Siddoway, Souza, Thayn, Vick and Winder.
