In the House's debate on HB 141a, the bill from Rep. Marv Hagedorn, R-Meridian, to ban use of a hand-held electronic device while driving if that use distracts the driver, but not if it doesn't, there've been lots of questions about the bill from other lawmakers. Rep. Lynn Luker, R-Boise, asked if it affects use of a CB radio; Hagedorn said no, based on the definition of hand-held device, but Luker, a lawyer, disagreed.

Hagedorn told the House, "There are a number of states now that are finding out that their texting statutes have no teeth, because they can't get the data from the service providers." He said, "We have more issues than just texting. People are updating their Facebook on their smartphones now... People are using their MP3 players and scrolling for different music... So this issue of distracted driving has become more than just texting."

Rep. Wendy Jaquet, D-Ketchum, said the bill doesn't appear to ban texting while driving. "The folks who talk to me, my constituents, really want to have something done about this," she said.

Hagedorn said, "The issue is the behavior of the driver changes by using an electronic device. If they can use that electronic device safely and are not distracted by it, say you're using a hands-free telephone ... that's OK. You are not distracted, and you can still use it. ... The officer has to make a judgment call."

Rep. Steven Thayn, R-Emmett, asked Hagedorn if there's a legal definition of "distracted driving" as used in the bill. Hagedorn said he thought distracted driving was "readily apparent when an officer recognizes someone is not actually watching the road."