HF 2243 (LSB 5714YH (3) 83)

HOUSE FILE 2243

BY  MASCHER

A BILL FOR

An Act restricting the use of wireless communication devices while operating a motor vehicle on a highway and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.276  Use of wireless communication devices.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Engage in a call” means talking or listening on a wireless communication device.
   b.  “Text message” means a text-based message, instant message, electronic message, or electronic mail message.
   c.  “Wireless communication device” means a mobile telephone or other telecommunications device capable of being used to engage in a call or write, send, or read a text message.
   d.  The terms “write”, “send”, and “read”, with respect to a text message, mean the manual entry, sending, and retrieval of a text message, respectively, to communicate with any person or device.
   2.  a.  A person shall not use a wireless communication device to engage in a call while operating a motor vehicle on a highway unless the motor vehicle is at a complete stop off the roadway.
   b.  This subsection does not apply to a member of a public safety agency, as defined in section 34.1, using a wireless communication device to engage in a call in the performance of official duties.
   c.  This subsection does not apply to the use of a wireless communication device to call 911.
   3.  A person shall not write, send, or read a text message while operating a motor vehicle on a highway unless the motor vehicle is at a complete stop off the roadway.
   4.  A person convicted of a violation of this section commits a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 6, paragraph “e”.
    Sec. 2.  Section 805.8A, subsection 6, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  For violations under section 321.276, the scheduled fine is thirty dollars.
EXPLANATION
   This bill addresses the use of wireless communication devices by motor vehicle operators.
   The bill defines “wireless communication device” to include a mobile telephone or other telecommunications device capable of being used to engage in a call or write, send, or read a text message. “Text message” is defined to include a text-based message, instant message, electronic message, and electronic mail message.
   The bill prohibits a person from using a wireless communication device to engage in a call while operating a motor vehicle on a highway, unless the motor vehicle is at a complete stop off the roadway. The bill makes an exception for a member of a public safety agency using a wireless communication device to engage in a call in the performance of official duties. The bill also allows the use of a wireless communication device to call 911.
   The bill prohibits a person from using a wireless communication device to write, send, or read a text message while operating a motor vehicle on a highway, unless the motor vehicle is at a complete stop off the roadway.
   A violation under the bill is a simple misdemeanor punishable by a scheduled fine of $30.