Committee pauses hands-free phone ban in school, construction zones after enforcement concerns

The Senate Transportation Committee took up Senate Bill 324, which would prohibit drivers from using a mobile telephone while driving in a school zone or a construction zone when workers are present or when a reduced school‑zone speed limit is in effect.

Adam, the committee staffer who briefed the bill, said exceptions would include law-enforcement and emergency personnel, instances where a vehicle is stopped, and hands‑free operation. The bill would make holding a device prima facie evidence of a violation in one section, and impose a $60 fine; the first year would carry a warning requirement until July 1, 2027.

Senator Klus moved to pass the bill out of committee. Senator Warren offered an amendment to remove the prima facie provision that would treat merely holding a phone as sufficient evidence of an offense. Supporters of the amendment warned the prima facie language could permit pretextual stops and shift burdens to drivers; opponents said prima facie provisions are common elsewhere in the criminal code and are useful to make the law enforceable.

Senators asked staff to research how other states handle prima facie language and whether similar laws include the holding-as-evidence provision; witnesses cited that 33 states have broad hands-free bans, but committee members asked the reviser and legislative research to check the specific statutory language used elsewhere.

The committee suspended working the bill to allow staff to research comparative statutes and adjourned without a final vote.