SF 100 (LSB 1530SS (4) 87)

SENATE FILE 100

BY  BOLKCOM, MATHIS, PETERSEN, TAYLOR, BISIGNANO, DOTZLER, DVORSKY, KINNEY, ALLEN, JOCHUM, and McCOY

A BILL FOR

An Act concerning the use of mobile telephones while driving, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  39.  “Mobile telephone” means mobile telephone as defined in 49 C.F.R. §383.5.
    Sec. 2.  Section 321.210, subsection 2, paragraph e, Code 2017, is amended to read as follows:
   e.  Violations of section sections 321.276 and 321.276A.
    Sec. 3.  Section 321.276, subsection 1, paragraph a, Code 2017, is amended by striking the paragraph and inserting in lieu thereof the following:
   a.  “Fixed unit global positioning system or navigation system” means an electronic device that is mounted inside a motor vehicle and is capable of providing navigation directions to a driver based on data entered into the device.
    Sec. 4.  Section 321.276, subsection 2, paragraph a, Code 2017, is amended to read as follows:
   a.  A person does not violate this section by using a fixed unit global positioning system or navigation system or when, for the purpose of engaging in a call, the person selects or enters a telephone number or name in a hand-held mobile telephone or activates, deactivates, or initiates a function of a hand-held mobile telephone to receive navigation directions, provided that the person does not manually enter data into the fixed unit global positioning system or navigation system while operating the motor vehicle.
    Sec. 5.  NEW SECTION.  321.276A  Use of mobile telephone while operating a motor vehicle.
   1.  A person shall not operate a motor vehicle while using a mobile telephone unless the mobile telephone is specifically designed and configured to allow hands-free listening and talking and is used in that manner while operating the vehicle.
   2.  This section does not apply to the following persons:
   a.  A member of a public safety agency, as defined in section 34.1, performing official duties.
   b.  A health care professional in the course of an emergency situation.
   c.  A person receiving safety-related information including emergency, traffic, or weather alerts.
   d.  The operator of a motor vehicle when the motor vehicle is at a complete stop off the traveled portion of the roadway.
   3.  Nothing in this section shall be construed to authorize a peace officer to confiscate a mobile telephone from the operator or occupant of a motor vehicle.
   4.  a.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “m”.
   b.  A violation of this section shall not be considered a moving violation for purposes of this chapter or rules adopted pursuant to this chapter.
   5.  A person who is convicted of operating a motor vehicle in violation of this section causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
   a.  For a violation causing serious injury, a fine of two thousand dollars and suspension of the violator’s driver’s license or operating privileges for not more than one hundred eighty days. For purposes of this subsection, “serious injury” means the same as defined in section 702.18.
   b.  For a violation causing death, a fine of ten thousand dollars and suspension of the violator’s driver’s license or operating privileges for not more than two years.
    Sec. 6.  Section 321.555, subsection 2, Code 2017, is amended to read as follows:
   2.  Six or more of any separate and distinct offenses within a two-year period in the operation of a motor vehicle, which are required to be reported to the department by section 321.491 or chapter 321C, except equipment violations, parking violations as defined in section 321.210, violations of registration laws, violations of sections 321.445 and 321.446, violations of section sections 321.276 and 321.276A, operating a vehicle with an expired license or permit, failure to appear, weights and measures violations and speeding violations of less than fifteen miles per hour over the legal speed limit.
    Sec. 7.  Section 805.8A, subsection 14, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  m.  Mobile telephone violations.  For violations under section 321.276A, the scheduled fine is one hundred dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from operating a motor vehicle while using a mobile telephone unless the mobile telephone is specifically designed and configured to allow hands-free listening and talking and is used in that manner. The bill does not apply to the operator of a motor vehicle when the motor vehicle is at a complete stop off the roadway. In addition, the bill exempts the following persons from the prohibition: a member of a public safety agency performing official duties; a health care professional in the course of an emergency situation; and a person receiving safety-related information including emergency, traffic, or weather alerts. These are the same exemptions that apply under current law for text-messaging while driving.
   The bill defines “mobile telephone” to mean the same as defined in federal motor carrier safety administration regulations. Under that definition, “mobile telephone” means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the federal communications commission. The federal definition explicitly excludes two-way or citizens band radio services.
   The bill amends current provisions prohibiting text-messaging while driving to specify that a person does not violate the text-messaging provisions by using a fixed unit global positioning system or navigation system, provided the person does not enter data into the system while operating the motor vehicle. “Fixed unit global positioning system or navigation system” is defined as an electronic device mounted inside a motor vehicle and capable of providing navigation directions to a driver based on data entered into the device. The bill also strikes a current exception to the prohibition on text-messaging while driving which applies to a person selecting or entering a telephone number or name in a hand-held mobile telephone or activating, deactivating, or initiating a function of a hand-held mobile telephone.
   A person who uses a mobile telephone while operating a motor vehicle in violation of the bill commits a simple misdemeanor punishable by a scheduled fine of $100. The offense is not a moving violation, and therefore cannot be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status. However, if the violation causes a serious injury, a court could impose an additional fine of $2,000 and suspend the person’s driver’s license for not more than 180 days. If the violation causes a death, a court could impose an additional fine of $10,000 and suspend the person’s driver’s license for not more than two years.
   The bill does not authorize a peace officer to confiscate a mobile telephone from an operator or occupant of a motor vehicle. However, a peace officer may stop or detain an operator solely for using a mobile telephone while operating a motor vehicle.