S.F. 100 Section 1. Section 321.1, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 39. “Mobile telephone” means mobile 3 telephone as defined in 49 C.F.R. §383.5. 4 Sec. 2. Section 321.210, subsection 2, paragraph e, Code 5 2017, is amended to read as follows: 6 e. Violations of section sections 321.276 and 321.276A . 7 Sec. 3. Section 321.276, subsection 1, paragraph a, Code 8 2017, is amended by striking the paragraph and inserting in 9 lieu thereof the following: 10 a. “Fixed unit global positioning system or navigation 11 system” means an electronic device that is mounted inside a 12 motor vehicle and is capable of providing navigation directions 13 to a driver based on data entered into the device. 14 Sec. 4. Section 321.276, subsection 2, paragraph a, Code 15 2017, is amended to read as follows: 16 a. A person does not violate this section by using a fixed 17 unit global positioning system or navigation system or when, 18 for the purpose of engaging in a call, the person selects 19 or enters a telephone number or name in a hand-held mobile 20 telephone or activates, deactivates, or initiates a function of 21 a hand-held mobile telephone to receive navigation directions, 22 provided that the person does not manually enter data into the 23 fixed unit global positioning system or navigation system while 24 operating the motor vehicle . 25 Sec. 5. NEW SECTION . 321.276A Use of mobile telephone while 26 operating a motor vehicle. 27 1. A person shall not operate a motor vehicle while using a 28 mobile telephone unless the mobile telephone is specifically 29 designed and configured to allow hands-free listening and 30 talking and is used in that manner while operating the vehicle. 31 2. This section does not apply to the following persons: 32 a. A member of a public safety agency, as defined in section 33 34.1, performing official duties. 34 b. A health care professional in the course of an emergency 35 -1- LSB 1530SS (4) 87 ns/nh 1/ 4

S.F. 100 situation. 1 c. A person receiving safety-related information including 2 emergency, traffic, or weather alerts. 3 d. The operator of a motor vehicle when the motor vehicle is 4 at a complete stop off the traveled portion of the roadway. 5 3. Nothing in this section shall be construed to authorize 6 a peace officer to confiscate a mobile telephone from the 7 operator or occupant of a motor vehicle. 8 4. a. A person convicted of a violation of this section 9 is guilty of a simple misdemeanor punishable as a scheduled 10 violation under section 805.8A, subsection 14, paragraph “m” . 11 b. A violation of this section shall not be considered a 12 moving violation for purposes of this chapter or rules adopted 13 pursuant to this chapter. 14 5. A person who is convicted of operating a motor vehicle 15 in violation of this section causing serious injury to or 16 the death of another person may be subject to the following 17 penalties in addition to the penalty provided for a scheduled 18 violation in section 805.8A or any other penalty provided by 19 law: 20 a. For a violation causing serious injury, a fine of two 21 thousand dollars and suspension of the violator’s driver’s 22 license or operating privileges for not more than one hundred 23 eighty days. For purposes of this subsection, “serious injury” 24 means the same as defined in section 702.18. 25 b. For a violation causing death, a fine of ten thousand 26 dollars and suspension of the violator’s driver’s license or 27 operating privileges for not more than two years. 28 Sec. 6. Section 321.555, subsection 2, Code 2017, is amended 29 to read as follows: 30 2. Six or more of any separate and distinct offenses within 31 a two-year period in the operation of a motor vehicle, which 32 are required to be reported to the department by section 33 321.491 or chapter 321C , except equipment violations, parking 34 violations as defined in section 321.210 , violations of 35 -2- LSB 1530SS (4) 87 ns/nh 2/ 4

S.F. 100 registration laws, violations of sections 321.445 and 321.446 , 1 violations of section sections 321.276 and 321.276A , operating 2 a vehicle with an expired license or permit, failure to appear, 3 weights and measures violations and speeding violations of less 4 than fifteen miles per hour over the legal speed limit. 5 Sec. 7. Section 805.8A, subsection 14, Code 2017, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . m. Mobile telephone violations. For 8 violations under section 321.276A, the scheduled fine is one 9 hundred dollars. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill prohibits a person from operating a motor vehicle 14 while using a mobile telephone unless the mobile telephone 15 is specifically designed and configured to allow hands-free 16 listening and talking and is used in that manner. The bill 17 does not apply to the operator of a motor vehicle when the 18 motor vehicle is at a complete stop off the roadway. In 19 addition, the bill exempts the following persons from the 20 prohibition: a member of a public safety agency performing 21 official duties; a health care professional in the course of 22 an emergency situation; and a person receiving safety-related 23 information including emergency, traffic, or weather alerts. 24 These are the same exemptions that apply under current law for 25 text-messaging while driving. 26 The bill defines “mobile telephone” to mean the same 27 as defined in federal motor carrier safety administration 28 regulations. Under that definition, “mobile telephone” means 29 a mobile communication device that falls under or uses any 30 commercial mobile radio service, as defined in regulations of 31 the federal communications commission. The federal definition 32 explicitly excludes two-way or citizens band radio services. 33 The bill amends current provisions prohibiting 34 text-messaging while driving to specify that a person does not 35 -3- LSB 1530SS (4) 87 ns/nh 3/ 4

S.F. 100 violate the text-messaging provisions by using a fixed unit 1 global positioning system or navigation system, provided the 2 person does not enter data into the system while operating 3 the motor vehicle. “Fixed unit global positioning system or 4 navigation system” is defined as an electronic device mounted 5 inside a motor vehicle and capable of providing navigation 6 directions to a driver based on data entered into the device. 7 The bill also strikes a current exception to the prohibition 8 on text-messaging while driving which applies to a person 9 selecting or entering a telephone number or name in a hand-held 10 mobile telephone or activating, deactivating, or initiating a 11 function of a hand-held mobile telephone. 12 A person who uses a mobile telephone while operating a motor 13 vehicle in violation of the bill commits a simple misdemeanor 14 punishable by a scheduled fine of $100. The offense is not 15 a moving violation, and therefore cannot be considered for 16 purposes of administrative suspension of a driver’s license 17 or to establish habitual offender status. However, if the 18 violation causes a serious injury, a court could impose an 19 additional fine of $2,000 and suspend the person’s driver’s 20 license for not more than 180 days. If the violation causes a 21 death, a court could impose an additional fine of $10,000 and 22 suspend the person’s driver’s license for not more than two 23 years. 24 The bill does not authorize a peace officer to confiscate 25 a mobile telephone from an operator or occupant of a motor 26 vehicle. However, a peace officer may stop or detain an 27 operator solely for using a mobile telephone while operating a 28 motor vehicle. 29 -4- LSB 1530SS (4) 87 ns/nh 4/ 4