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Panel adopts amendment to distracted-driving bill to conform with federal guidance; debate centers on what 'device' covers
Summary
The committee adopted an amendment to clarify distracted-driving language so the state remains eligible for federal funding; testimony from Arkansas State Police said federal guidance bars any handheld or hands-free device use for drivers 18 and under, and senators debated whether the word 'device' needed clearer definition to avoid unintended consequences for GPS and medical tablets.
Senator Johnson presented an amendment amending language in the distracted-driving statute and deleting two sections: one that would have changed a seat-belt offense to secondary and an emergency clause. The amendment, Johnson said, was prepared with input from the state police and deletes section 8 (seat-belt change) and section 9 (emergency clause).
Committee members raised drafting concerns about a standalone use of the word "device" in the amended text and whether that wording would unintentionally prohibit GPS units or tablets used in professional contexts. Senator Desnay asked whether a GPS would be captured; others said the draft contained a drafting error that could be clarified by punctuation or rephrasing.
Mary Claire McLaren of the Arkansas State Police told the committee: "The federal guidelines do require that that there is no, hands free or handheld usage of any device for 18 and under." She said the change was necessary to ensure the state complies with National Highway Traffic Safety Administration guidance and does not lose federal grant eligibility.
Committee members asked whether any exemption for GPS use would still preserve federal compliance; staff answered that "there is no latitude to make such an exemption and be in compliance" and warned noncompliance could disqualify the state from grants. After clarifying that the drafter's intent was to link "device" to "hands-free wireless telephone or device" rather than leave "device" as a standalone, the committee adopted the amendment by voice vote and recorded the bill as passed.
The committee did not provide a roll-call tally on the amendment or final passage during this hearing.
