State Senate passes bills on restricting cellphone use and limiting pardon power of governor

A bill restricting cellphone use while driving and one limiting a governor’s pardon power for 60 days before a general election and until the next inauguration, passed the Kentucky Senate on Tuesday.

Senate Bill 28, known as the Phone Down Kentucky Act sponsored by Sen. Jimmy Higdon, Lebanon, has several provisions:

--Expanding Kentucky’s existing ban on texting while driving to prohibit nearly all hand-held mobile device use while operating a vehicle.

--Maintaining exemptions for GPS navigation, emergencies, and law enforcement.

--Allowing use of a device while the car is not in motion (e.g., at a red light or when pulled over).

Violators, who would have to be seen by a police officer using the phone, would face a $100 fine, which can be pre-paid, with no court costs or points on the violator’s license.

“This is about saving lives, plain and simple,” Higdon said. “It is an opportunity for us to honor her, and finally do the right thing by putting the Phone Down Kentucky Act into law.”

The bill passed on a 31-7 vote.

The Senate also approved a proposed constitutional amendment, sponsored by Sen. Christian McDaniel, R-Ryland Heights, that would pause a governor’s pardon powers in the final stretch of their term.

Designated as a priority bill by Senate leadership, SB 10 would prohibit pardons and commutations, beginning 60 days before a gubernatorial election through the next governor’s inauguration.

“This reform has passed the Senate in multiple sessions, and I’m optimistic this is the year it reaches the ballot,” McDaniel stated while presenting the measure. “I appreciate the encouraging words I’ve heard from House colleagues and the positive comments from Speaker David Osborne. It’s time to let the people decide.”

SB 10 received 36 “Yes” votes, and one “Pass” vote, well above the three-fifths margin required of a proposed Constitutional Amendment.

Both measures now head to the House.


 

Sen. Christian McDaniel wants to pause a governor's pardon powers in the final stretch of their term. He is proposing a constitutional amendment to that end. (LRC photo)

Hargis David Michael