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HB 2055

Modifies provisions relating to enforcement of laws relating the use of electronic communication devices

2026 Regular Session Introduced by Jeff Vernetti

Missouri HB 2055 bans holding or manually interacting with electronic devices while driving and sets hands-free requirements, with local governments allowed to adopt compatible ord

Action Postponed (H)
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Bill Summary · HB 2055

Summary of HB 2055 (Missouri, 2026)

Main purpose and intent

  • Repeals the current law on electronic device use while driving and enacts a new section titled the "Siddens Bening Hands Free Law" governing use of electronic communication devices by vehicle operators.
  • The bill also changes the state’s preemption framework, allowing local governments to enact ordinances on this topic so long as they do not conflict with state law.

Key provisions and changes

  • Definitions (Section 304.822, new language):

    • Defines terms such as “electronic communication device,” “operator,” “highway,” “noncommercial/commercial motor vehicle,” and “voice-operated or hands-free feature” (hands-free requires a single touch/swipe to activate/deactivate the feature).
    • Broadly lists devices included (cell phones, tablets, laptops, video devices, etc.) and excludes certain devices (radios, CB, specialized emergency systems permanently affixed to the vehicle, etc.).

  • Prohibitions while driving (noncommercial and commercial vehicles):

    • No holding or supporting an electronic device with any part of the body.
    • Prohibits writing, sending, or reading text-based communications (with limited exception for hands-free voice-to-text that results in a written message without diverting attention).
    • Prohibits making calls or voice communications, unless using a hands-free/voice-operated feature.
    • Prohibits data retrieval/communication on the device.
    • Prohibits manual entry into websites, search engines, or apps.
    • Prohibits watching videos (except navigation-related data).
    • Prohibits recording or broadcasting video (with an exception for devices used to monitor operator behavior).

  • School buses (Section 4):

    • School bus operators cannot use a device while in motion unless used like a two-way radio for live communication with officials or safety personnel.
    • Operators may not use devices while loading/unloading passengers.

  • Exceptions (Section 5):

    • Law enforcement or emergency vehicle duties in performance of official duties.
    • Emergency reporting and ongoing communication with emergency personnel.
    • Noncommercial vehicle operators with voice-operated hands-free use.
    • Commercial vehicle operators with hands-free use if seated and belted.
    • Reading messages on permanently installed commercial vehicle screens under certain dimensions.
    • Use while lawfully stopped/parked.
    • Roadside assistance responses by certain service providers.
    • Relaying information between transit/for-hire vehicle operator and dispatcher if device is mounted.
    • Navigational map access, audio broadcasts, or audio recordings.
    • Relaying information to a transportation network company driver via mounted device.

  • Penalties and enforcement (Section 6):

    • Violations generally infractions, with escalating fines:
    • No prior violations in 24 months: up to $150.
    • 1 prior in 24 months: up to $250.
    • 2+ prior in 24 months: up to $500.
    • Higher fines (up to $500) in work zones or school zones.
    • Proximate causes: property damage over $5,000 (Class D misdemeanor); serious injury (Class B misdemeanor); death (Class D felony).
    • For commercial motor vehicles, violation is a serious traffic violation for CDL disqualification purposes.
    • Stop procedure: law enforcement must inform the driver of the right to decline a search of the device; no warrant to seize or access the device solely for a violation unless serious injury or death results.
    • A violation cannot be used to establish probable cause for other violations.
    • Reporting requirements: adherence to state reporting requirements.

  • Preemption and local control (Section 10):

    • The bill modifies preemption, allowing local governments to enact ordinances or regulations on electronic device use as long as they do not conflict with state law. This is a shift from stricter statewide preemption to a more cooperative framework.

  • Stop and enforcement policy (Section 11-12):

    • Before January 1, 2025, officers were to issue warnings rather than citations for violations.
    • Generally, a person cannot be stopped, inspected, or detained solely for a violation of this section.

Who would be affected

  • Drivers of both commercial and noncommercial motor vehicles in Missouri.
  • School bus operators, with stricter rules when the bus is in motion.
  • Local governments and municipal courts, which could enact ordinances aligned with state law but not conflicting with it.
  • Law enforcement agencies, which would handle enforcement, searches, and warnings under the new framework.
  • CDL holders, due to the “serious traffic violation” designation for CDL disqualifications in the event of violations.

Procedural and timeline aspects

  • The bill is currently under committee consideration (Crime and Public Safety) with past actions including a Do Pass vote in committee and multiple readings in the House.
  • Some prior enforcement elements referenced existing preemption language; the bill intends to supersede or modify those controls to allow local input.
  • Fiscal note indicates no net impact on state or local funds in the near term and no anticipated costs or savings to agencies listed, with no expected impact on small businesses.
  • A notable policy nuance: the bill’s changes to enforcement and stop procedures imply potential changes to due process considerations and warrant practices, though officers’ ability to stop would remain discretionary rather than automatic.

Notable considerations

  • The bill’s broad definition of electronic communication devices could encompass more in-vehicle interactions than typical hands-free regulations.
  • Critics argue it creates a strict-liability framework based on device presence rather than demonstrated unsafe driving, potentially raising due process concerns.
  • Supporters emphasize local flexibility and improved roadway safety by allowing municipalities to tailor enforcement in line with state statute, reducing case backlogs in county courts.

This summary covers the bill’s core provisions, affected parties, enforcement framework, and the policy shift regarding local preemption.

Compiled from official sources — confirm details with the bill’s official record.

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