Columbia S.C. (WSPA) – South Carolina lawmakers are once again discussing a bill that could change driving laws.

Though it’s been debated for years — the legislation has never passed.

If passed, the South Carolina Hands Free Act would penalize drivers caught holding mobile devices while behind the wheel.

“We all are common sense people. We know what we’re talking about,” explained Rep. Case Brittain. “We have a handheld phone here, as long as this isn’t here, and you’re doing this, this isn’t here, but this is here. You should be okay.”

Lawmakers said each offense would be punishable, starting with fines.

If a driver injured or killed someone while holding a phone, they would be charged with a felony, facing up to five years in prison as well as a fine of up to $5,000.

Ralph Bell is the legislative coordinator for the South Carolina Motorcycle Rights Organization. He said the bill should be a top priority for lawmakers.

“The problem is that cell phones aren’t a right when you’re hurting somebody, if you don’t have your seat belt on or not, that’s not going to kill me,” Bell explained. “But if you’re literally on your cell phone going 60 miles an hour next to me, and you run me off the road, I probably won’t survive.”

Rick Todd, CEO of the South Carolina Trucking Association, said lawmakers are concerned the state is at risk to lose federal highway funding if they do not pass the bill for commercial vehicles.

“We do need to get into the act. Most states have done this,” Todd said. “Truck drivers will tell you that that’s their biggest concern. This is their biggest concern is distracted car drivers.”

Rep. Joe White said lawmakers need to focus on other things like enforcing current public safety laws, education and infrastructure.

“[We’ve] got the worst roads in the nation, and we hadn’t done anything about it for the last 20 years,” said Rep. White. “I think we should be concentrating on the things that are really bad for South Carolina. Our roads are bad, our schools are bad, and like I say, the judicial system that we currently have in place does not seem to be as effective as I think it should be. “

A provision in the bill would allow motorists to wear earpieces, use smartwatches or voice-based communication while driving.