Will this be the year? Here's the latest on the push to ban cellphone use while driving in Arizona

The scene was familiar for the families who sat in a Senate committee room at the Arizona state Capitol on Wednesday.

Just as they do every year, they held up photos of their smiling loved ones and told stories of how their grandfather, or father, or daughter, or sister, died at the hands of a driver distracted by their cellphone. And, just as they do every year, they left thinking maybe this year could be different.

This year really could be different, though.

The Senate Transportation and Public Safety Committee on Wednesday nearly unanimously passed a bill the families are supporting, which would enact a statewide ban on hand-held cellphone use while driving.

Supporters say the bill, introduced by Republican state Sen. Kate Brophy McGee, of Phoenix, has momentum they haven't seen before. The bill now goes to the full Senate.

Currently, texting and driving is banned for new, teen drivers in Arizona, but there's no statewide prohibition on overall hand-held cellphone use.

Many cities in the state, including several in the Phoenix area, prohibit hand-held phone use while driving.

Two Senate proposals move along

McGee's bill would prohibit holding a phone while driving, including to make a phone call. It would also prohibit writing, sending or reading anything on a phone while driving, and watching or creating videos on any portable electronic device while driving.

It doesn't prohibit using talk-to-text functions or GPS hands-free, and it generally makes exceptions for emergencies and emergency personnel and law enforcement.

There would be a warning period through Dec. 31, 2020. The ticket on first offense after that date would be between $75 and $149; second and subsequent offenses would be between $150 and $250.

The long warning period is new to the bill, as part of a bill amendment the committee passed.

The Senate committee also approved another related bill, sponsored by State Sen. J.D. Mesnard, R-Chandler.

His bill would prohibit any kind of distracted driving, but only if an officer finds the driver has created an immediate hazard to someone or something, or has failed to have "reasonable control" of the vehicle.

There is no indication in the bill language what the fines would be for breaking this law.

Proponents representing local insurance, police and municipal organizations told the committee members they support both bills, and think the bills complement one another.

But families spoke only in support of McGee's bill, which is much more direct in its approach: if the phone is in your hand, you're breaking the law.

Momentum could propel bill

McGee has said she feels there is momentum to pass a full ban on hand-held phone use for drivers this year, and supporters say they have a good feeling, too.

"I feel like this is the year," Jonathon Hall said to Barry Aarons, a Prescott city lobbyist, in the hallway after the committee hearing.

"We're going to do it this year," Aarons said back.

Hall's father, Tom Hall, was killed by a distracted driver in Prescott Valley in 2016. 

The Arizona Legislature has considered, but failed to enact, bans on texting while driving every year for more than a decade.

Arizona is one of just three states without a texting ban for all drivers, according to the National Conference of State Legislatures. Sixteen states and D.C. ban all hand-held cellphone use while driving.

McGee said at a news conference in January that lawmakers may be more likely to enact a ban this year, for a few reasons.

There have been leadership changes in the Legislature, law enforcement have come out in support of a ban, and there is momentum because of the death of Salt River tribal police Officer Clayton Townsend. Townsend was hit and killed last month by a driver who was looking at his phone.

"Mr. Chairman, members, you've heard this story," McGee said after the families had spoken.

People getting distracted by their phones behind the wheel is a public health crisis, McGee told them, and it's only getting worse.

"It's time to do this," she said.

Families tell their stories

Townsend's family was one of many in the audience on Wednesday.

Every year, there are more families in the audience, Hall pointed out to the lawmakers in an emotional plea. 

He introduced his son, Aiden, 8, and told them exactly how Aiden's grandfather died. Tom Hall was riding his motorcycle in Prescott Valley when he was struck from behind by a driver who reached for her cellphone.

"She never saw the motorcycle," he said.

It's the third time Hall has spoken at the Capitol for related bans. Other families have been coming even longer.

Brendan Lyons, executive director of non-profit organization Look! Save a Life, rattled off victims' names, including Hall, Townsend and Arizona Department of Public Safety Officer Tim Huffman.

Lyons has been advocating for local laws, and a state law, for years.

Opponents want freedom, less specifics

Opponents to the full hand-held cellphone ban for drivers say it is too specific — that there are many different ways that drivers can be distracted, and cellphone use shouldn't be singled out.

Republican state Sen. Eddie Farnsworth, of Gilbert, said he stands by that. He was the only senator in the committee to vote against McGee's bill on Wednesday. He voted for Mesnard's bill.

"When we start ... delineating specific actions, it's not the right way to go," Farnsworth said.

Along with that argument, McGee said that many of the bill's opponents are uncomfortable with the perceived over-regulation of drivers.

The Arizona Citizens Defense League, a civil liberties group that often advocates for gun rights, opposes McGee's bill.

In the House, Sen. John Kavanagh, R-Fountain Hills, has proposed a bill that would ban just texting while driving, but not overall cellphone use.

At a House Transportation committee earlier this month, he told lawmakers that he wanted his bill to get through committee as a backup, in case McGee's bill fails. The committee passed his bill.

The House Transportation Committee also approved a bill similar to McGee's on Wednesday.

Survey by proponents shows support

Two groups that support McGee's bill commissioned a survey this month to gauge public support for the bill.

Four-hundred Arizonans responded to the survey, which AAA Arizona and the American Property Casualty Insurance Association paid Phoenix-based lobbying firm HighGround Inc. to conduct.

Most, or about 86 percent, said they would probably or definitely support McGee's bill, after receiving a short description. About 12 percent said they probably or definitely oppose it, and about 2 percent said they didn't know, or didn't answer the question.

There wasn't much partisan split on the support shown in the survey; about 84 percent of Republicans, 89 percent of Democrats, and 91 percent of Independents indicated support.

In response to other questions, most respondents said they frequently see others texting or otherwise distracted by their phones while driving, but about half said they never glance at their phone while driving.

The vast majority also agreed that texting and driving should be banned, but only 38.5 percent said they would support a ban on talking on a cellphone and driving.

Along with AAA Arizona and APCIA, multiple other insurance companies, the state police union and firefighter union, medical and public health associations, and the League of Arizona Cities and Towns are supporting McGee's bill.

Reach the reporter Jen Fifield at jen.fifield@azcentral.com or 602-444-8763. Follow her on Twitter @JenAFifield.

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