House File 2099 - Introduced HOUSE FILE 2099 BY HANSON A BILL FOR An Act concerning text messaging and the use of cellular 1 telephones by motor vehicle operators who are minors and 2 providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5482HH (2) 83 dea/nh

H.F. 2099 Section 1. NEW SECTION . 321.363A Use of cellular telephones 1 and other devices restricted —— young drivers. 2 1. For purposes of this section, the following definitions 3 apply: 4 a. “Hands-free mode” means the use of a cellular telephone 5 by way of an internal feature or function, or an attachment 6 or addition, whether or not permanently part of the cellular 7 telephone, by which the user engages in a conversation or 8 communication without the use of either hand. 9 b. “Text message” means a text-based electronic 10 communication transmitted using the short message service 11 (SMS), a wireless telephone service, or an electronic 12 communication network. 13 c. “Wireless handset” means a handheld portable electronic 14 or computing device capable of transmitting data in the form of 15 a text message. “Wireless handset” includes but is not limited 16 to a cellular telephone or personal digital assistant. 17 2. A person under eighteen years of age shall not operate 18 or use a cellular telephone while operating a motor vehicle on 19 a street or highway unless the cellular telephone is used in 20 a hands-free mode. 21 3. A person under eighteen years of age shall not use a 22 wireless handset to write, read, or send a text message while 23 operating a motor vehicle. 24 4. This section does not apply to any of the following: 25 a. A person under eighteen years of age who possesses a full 26 driver’s license issued under section 321.180B, subsection 4. 27 b. The use of a cellular telephone or wireless handset 28 to call 911 or to contact law enforcement authorities or an 29 emergency response agency in an emergency situation. 30 c. The use of a cellular telephone or wireless handset when 31 the motor vehicle is at a complete stop off the roadway. 32 5. A person who violates this section commits a simple 33 misdemeanor, punishable as a scheduled violation under section 34 805.8A, subsection 6, paragraph “e” . 35 -1- LSB 5482HH (2) 83 dea/nh 1/ 3

H.F. 2099 Sec. 2. Section 805.8A, subsection 6, Code Supplement 2009, 1 is amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. For violations under section 321.363A, 3 the scheduled fine is thirty dollars. 4 EXPLANATION 5 This bill prohibits a person under 18 years of age from 6 operating or using a cellular telephone while operating a motor 7 vehicle on a street or highway unless the cellular telephone 8 is used in a hands-free mode. 9 The bill also prohibits a person under 18 years of age from 10 using a wireless handset to write, read, or send a text message 11 while operating a motor vehicle. 12 The bill defines “hands-free mode” as the use of a cellular 13 telephone by way of an internal feature or function, or 14 an attachment or addition, by which the user engages in 15 a conversation or communication without the use of either 16 hand. “Text message” is defined as a text-based electronic 17 communication transmitted using the short message service 18 (SMS), a wireless telephone service, or an electronic 19 communication network. “Wireless handset” is defined as a 20 handheld portable electronic or computing device capable of 21 transmitting data in the form of a text message. The term 22 includes a cellular telephone or personal digital assistant. 23 The prohibitions do not apply to a person under 18 years 24 of age who has a full driver’s license obtained under the 25 graduated driver licensing program. In addition, an exception 26 is allowed for emergency situations when a cellular telephone 27 or wireless handset is used by a driver to call 911 or to 28 contact law enforcement authorities or an emergency response 29 agency. The bill does not prohibit a driver from using any 30 cellular telephone or wireless handset when the motor vehicle 31 is at a complete stop off the roadway. 32 A violation of the bill is a simple misdemeanor punishable by 33 a scheduled fine of $30. 34 Pursuant to current law, a young driver with a restricted 35 -2- LSB 5482HH (2) 83 dea/nh 2/ 3

H.F. 2099 license, an instruction permit, an intermediate license, or 1 a special minor’s license may be subject to remedial driver 2 improvement actions or license sanctions upon conviction for a 3 moving violation. 4 -3- LSB 5482HH (2) 83 dea/nh 3/ 3