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Municipal police ask lawmakers to let cities mirror state hands‑free law for local enforcement
Summary
Representative Jeff Fornetti told the House Committee on Crime and Public Safety that House Bill 1489 would allow municipalities to adopt ordinances that mirror the state hands‑free driving law so local police can enforce the law through municipal electronic citation systems.
Representative Jeff Fornetti presented House Bill 1489 as a fix to section 304.822(10), which committee witnesses said the municipalities interpret as preempting local mirror ordinances and blocking municipal enforcement through existing electronic citation systems.
"It's the language itself limits the local municipalities from having a mirroring statute of their own," said Chief Scott Craig of the Sunrise Beach Police Department. "We love the law. The issue is with the enforcement of it." Chief Craig told the committee that officers are unable to upload electronic citations for the hands‑free offense to the state prosecutor portal without additional probable‑cause statements, adding that county prosecutors are overburdened.
Fornetti said the bill would allow municipalities that choose to adopt an identical ordinance — with no language differences from state law — to upload citations to municipal court and ease paperwork burdens on officers. Committee members asked whether the local mirroring would keep the hands‑free offense a secondary offense; witnesses confirmed the bill would maintain the secondary‑offense status at the local level.
No one testified in opposition during the public hearing. Committee questions focused on enforcement mechanics, whether the bill imposed statewide uniformity or local option, and how the change would affect traffic stops and prosecutorial workload. The chair closed the hearing after testimony and questions.
