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Senate advances hands‑free driving bill; sets Sept. 1 start for warning period to protect federal highway funding
Summary
The Senate adopted committee changes to H.3276, expanding exceptions and explicitly prohibiting seizure of phones for a violation. Senators also agreed to an amendment setting a Sept. 1 effective date to allow a warning period; the measure received a 40‑0 second‑reading vote.
The Senate moved H.3276 forward after voting to adopt committee language and an amendment that sets the start date for warnings and later enforcement. Transportation Committee chair Senator Hembry explained the revised bill as an update to the state’s distracted‑driving law that clarifies permitted uses and creates a phased enforcement schedule.
Under the version adopted on the floor, drivers may use voice‑based commands, hands‑free navigation, and certain OEM‑integrated vehicle systems. The bill prohibits a law enforcement officer from seizing, searching, viewing or requiring forfeiture of a mobile electronic device solely because of a violation of this law, and it expands enumerated allowable uses such as reporting emergencies and listening to audio.
Senators also added an amendment to make the act effective Sept. 1, 2025, with a 180‑day warning period before points or fines that carry license consequences are assessed. That change followed Department of Motor Vehicles staff briefings indicating the agency could implement the program and a note from federal officials that South Carolina risks losing roughly $54 million in federal highway funds if it does not meet certain distracted‑driving requirements.
The penalty structure reported from floor debate: first offense carries a fine (up to $100) with no license points; a second or subsequent offense carries a larger fine (up to $200) and two license points if within three years. A second reading of the bill passed on a roll call of 40 to 0.
Sponsors and committee members said the law focuses on roadway safety while preserving necessary tools for first responders and exempting certain educational and occupational uses. The bill will return to the calendar for third reading with the adopted changes.
