Arizona is one of just three states in the country that allows motorists to text while driving. But that may soon change. 

Senate Bill 1165, which is currently before the Arizona Legislature, has gained quite a bit of support as pressure mounts to push the state to enact a statewide ban on both texting and talking while driving. As the bill stands now, it would prohibit “Holding a telephonic device and talking or texting if your car is in motion.”
Currently, Arizona is joined by Montana and Missouri as the only states that allow texting while driving. However, Arizona and Missouri do ban texting by drivers under the age of 21. According to the Insurance Institute of Highway Safety, talking on one’s cellphone is banned in 16 states — but Arizona is not one of them.
“Many localities have enacted their own bans on cellphones or text messaging,” the Insurance
Institute of Highway Safety’s website states. “In some but not all states, local jurisdictions need specific statutory authority to do so. In addition, most school bus drivers are banned from texting and using hand-held cellphones by state code, regulation or school district policy.”
At the Sedona City Council’s Tuesday, Feb. 12, meeting, City Attorney Robert Pickels discussed the bill during an update on bills that may impact Sedona. He reminded everyone that Sedona currently has an ordinance banning texting or talking on any non-hands-free device within the city limits.
He said the bill had been assigned to a committee but had yet to be heard. 
“There’s been public and private discussions as to what should and shouldn’t be in this bill,” Pickels said. “The governor supports it and obviously there is a lot of public support after the incident involving the Salt River Tribal policeman. So something will pass, we just don’t know what it will look like when it gets to the finish line.”
The incident he referred to involved officer Clayton Townsend, who was fatally struck during a traffic stop in early January near Scottsdale. The driver was reportedly texting while driving when he struck Townsend.
SB 1165 states, “An operator may not operate a motor vehicle while holding in the operator’s hand, typing on or otherwise manually operating a portable wireless communication device unless the vehicle is parked or stopped.”
It goes on to state that a driver may use a portable wireless communication device in a manner requiring the use of the operator’s hand while operating the motor vehicle only if both of the following conditions are met:

• The portable wireless communication device must be mounted on a vehicle windshield or affixed to a motor vehicle dashboard or center console in a manner that does not hinder the operator’s view of the road.
• The operator’s hand is used to activate or deactivate a feature or function of the portable wireless communication device with the motion of a single swipe or tap of the operator’s finger.

However, a driver may use their mobile device when reporting illegal activity or summoning emergency help.
If the bill passes, those stopped by law enforcement could face a ticket of at least $75 and no more than $149. A second offense carries a fine of at least $150 and no more than $250.
During his update, Pickels told council that any state bill that passes would preempt Sedona’s law. 
“We would have to adapt our ordinance to conform with the state law,” he said.