Senate Study Bill 3016 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to traffic violations and enforcement, 1 including the use of an electronic device in a 2 voice-activated or hands-free mode while driving and the use 3 of automated or remote systems for traffic law enforcement, 4 providing penalties, making penalties applicable, and 5 including effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5293XC (3) 90 th/ns

S.F. _____ DIVISION I 1 USE OF ELECTRONIC DEVICES WHILE DRIVING 2 Section 1. Section 321.178, subsection 2, paragraph 3 a, subparagraph (2), Code 2024, is amended by striking the 4 subparagraph. 5 Sec. 2. Section 321.178, subsection 2, paragraphs b and c, 6 Code 2024, are amended to read as follows: 7 b. The department may suspend a restricted driver’s license 8 issued under this section upon receiving satisfactory evidence 9 that the licensee has violated the restrictions imposed under 10 paragraph “a” , subparagraph (2), subparagraph division (a). 11 The department may also suspend a restricted license issued 12 under this section upon receiving a record of the person’s 13 conviction for one violation and shall revoke the license upon 14 receiving a record of conviction for two or more violations 15 of a law of this state or a city ordinance regulating the 16 operation of motor vehicles on highways, other than parking 17 violations as defined in section 321.210 . After revoking a 18 license under this section the department shall not grant an 19 application for a new license or permit until the expiration 20 of one year or until the person attains the age of eighteen, 21 whichever is the longer period. 22 c. A person who violates the restrictions imposed under 23 paragraph “a” , subparagraph (2), subparagraph division (a), 24 may be issued a citation under this section and shall not be 25 issued a citation under section 321.193 . A violation of the 26 restrictions imposed under paragraph “a” , subparagraph (2), 27 subparagraph division (a), shall not be considered a moving 28 violation. 29 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code 30 2024, is amended to read as follows: 31 b. The department may suspend an instruction permit, 32 intermediate license, or full license issued under this section 33 upon receiving satisfactory evidence that the person issued 34 the instruction permit, intermediate license, or full license 35 -1- LSB 5293XC (3) 90 th/ns 1/ 10

S.F. _____ violated the restrictions imposed under subsection 1 , or 2 , or 1 6 during the term of the instruction permit or intermediate 2 license. 3 Sec. 4. Section 321.180B, subsection 6, Code 2024, is 4 amended by striking the subsection. 5 Sec. 5. Section 321.180B, subsection 7, Code 2024, is 6 amended to read as follows: 7 7. Citations for violation of restrictions. A person who 8 violates the restrictions imposed under subsection 1 , or 2 , or 9 6 may be issued a citation under this section and shall not be 10 issued a citation under section 321.193 . A violation of the 11 restrictions imposed under subsection 1 , or 2 , or 6 shall not 12 be considered a moving violation. 13 Sec. 6. Section 321.194, subsection 2, paragraph b, 14 subparagraph (2), Code 2024, is amended by striking the 15 subparagraph. 16 Sec. 7. Section 321.210, subsection 2, paragraph e, Code 17 2024, is amended by striking the paragraph. 18 Sec. 8. Section 321.238, Code 2024, is amended to read as 19 follows: 20 321.238 Use of electronic devices while driving —— preemption 21 of local legislation. 22 The provisions of this chapter restricting the use of 23 electronic communication devices and electronic entertainment 24 devices by motor vehicle operators shall be implemented 25 uniformly throughout the state. Such provisions shall preempt 26 any county or municipal ordinance regarding the use of an 27 electronic communication device or electronic entertainment 28 device by a motor vehicle operator. In addition, a county or 29 municipality shall not adopt or continue in effect an ordinance 30 regarding the use of an electronic communication device or 31 electronic entertainment device by a motor vehicle operator. 32 Sec. 9. Section 321.276, subsection 1, Code 2024, is amended 33 by striking the subsection and inserting in lieu thereof the 34 following: 35 -2- LSB 5293XC (3) 90 th/ns 2/ 10

S.F. _____ 1. For purposes of this section: 1 a. “Electronic device” means a device that is powered by 2 electricity, including by a battery, and that is capable of 3 being used to compose, send, receive, or read an electronic 4 message, or that is capable of storing, retrieving on-demand, 5 or displaying videos, movies, broadcast television images, 6 visual images, or audio or video data files. “Electronic 7 device” includes but is not limited to a telephone including 8 a cellular telephone, personal digital assistant, portable 9 or mobile computer including a tablet, two-way messaging 10 device, electronic gaming device, and any substantially similar 11 portable device that is used to initiate, store, or receive 12 electronic communication, information, or data. “Electronic 13 device” does not include a device that is physically or 14 electronically integrated into a motor vehicle, including but 15 not limited to an integrated global positioning system or 16 navigation system when the destination is entered into such 17 system before the vehicle is in motion. 18 b. “Use” includes but is not limited to holding, viewing, or 19 manipulating an electronic device. 20 c. “Voice-activated or hands-free mode” means an attachment, 21 accessory, application, wireless connection, or built-in 22 feature of an electronic device or motor vehicle that allows 23 a person to use verbal commands or a single touch to activate 24 or deactivate the device or a function or software application 25 of the device. “Voice-activated or hands-free mode” does not 26 include accessing nonnavigation video content, engaging in a 27 video call, accessing or engaging in video streaming, accessing 28 gaming data, or reading an electronic message or notification. 29 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code 30 2024, are amended to read as follows: 31 2. A person shall not use a hand-held an electronic 32 communication device to write, send, or view an electronic 33 message while driving a motor vehicle unless the motor vehicle 34 is at a complete stop off the traveled portion of the roadway , 35 -3- LSB 5293XC (3) 90 th/ns 3/ 10

S.F. _____ or as far away from the center of the roadway as is practicable 1 if the vehicle cannot be entirely removed from the traveled 2 portion of the roadway . 3 a. A person does not violate this section by using a global 4 positioning system or navigation system or when, for the 5 purpose of engaging in a call, the person selects or enters a 6 telephone number or name in a hand-held mobile telephone or 7 activates, deactivates, or initiates a function of a hand-held 8 mobile telephone an electronic device in a voice-activated or 9 hands-free mode . 10 b. The provisions of this subsection relating to writing, 11 sending, or viewing an electronic message the use of an 12 electronic device do not apply to the following persons: 13 (1) A member of a public safety agency, as defined in 14 section 34.1 , performing official duties. 15 (2) A health care professional in the course of an emergency 16 situation. 17 (3) A person receiving safety-related information including 18 emergency , traffic, or weather alerts. 19 (4) A person using an electronic device for the purpose 20 of reporting an emergency situation, including any continued 21 communication with emergency personnel during the emergency 22 situation, or public transit personnel responding to a 23 transit-specific situation. 24 (5) A person operating an implement of husbandry. 25 (6) A person using a two-way radio transmitter or receiver 26 who is licensed with the federal communications commission in 27 amateur radio service. 28 (7) A member of a public transit system, as defined in 29 section 324A.1, performing official duties while in a vehicle 30 that is not in motion. 31 (8) A utility maintenance employee or contractor using 32 an electronic device while in a utility maintenance vehicle, 33 for the purpose of providing utility services including 34 but not limited to cable, electric, natural gas, telephone, 35 -4- LSB 5293XC (3) 90 th/ns 4/ 10

S.F. _____ telecommunication, water, and wastewater treatment services, 1 provided the employee or contractor is acting within the scope 2 of their employment or agency. 3 (9) A transportation network company driver, as defined in 4 section 321N.1, while engaged in a prearranged ride, as defined 5 in section 321N.1, provided the vehicle is not in motion. 6 (10) A person using an electronic device for the purpose of 7 accessing or using a fleet management system. 8 3. Nothing in this section shall be construed to authorize 9 a peace officer to confiscate a hand-held an electronic 10 communication device from the driver or occupant of a motor 11 vehicle. 12 4. a. A person convicted of a violation of this section 13 is guilty of a simple misdemeanor punishable as a scheduled 14 violation under section 805.8A, subsection 14 , paragraph “l” . 15 b. A violation of this section shall not be considered a 16 moving violation for purposes of this chapter or and rules 17 adopted pursuant to this chapter . 18 c. Notwithstanding paragraphs “a” and “b” , a peace officer 19 shall issue a warning memorandum in lieu of a citation to a 20 person for violating this section. This paragraph is repealed 21 January 1, 2025. 22 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code 23 2024, is amended to read as follows: 24 Notwithstanding section 321.482 , a person who is convicted 25 of operating a motor vehicle in violation of section 321.178, 26 subsection 2 , paragraph “a” , subparagraph (2), section 27 321.180B, subsection 6 , section 321.194, subsection 2 , 28 paragraph “b” , subparagraph (2), section 321.256 , 321.257 , 29 section 321.275, subsection 4 , section 321.276 , 321.297 , 30 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 31 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 32 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 33 subsection 3 , or section 321.449B , causing serious injury to 34 or the death of another person may be subject to the following 35 -5- LSB 5293XC (3) 90 th/ns 5/ 10

S.F. _____ penalties in addition to the penalty provided for a scheduled 1 violation in section 805.8A or any other penalty provided by 2 law: 3 Sec. 12. Section 321.555, subsection 2, Code 2024, is 4 amended to read as follows: 5 2. Six or more of any separate and distinct offenses within 6 a two-year period in the operation of a motor vehicle, which 7 are required to be reported to the department by section 8 321.491 or chapter 321C , except equipment violations, parking 9 violations as defined in section 321.210 , violations of 10 registration laws, violations of sections 321.445 and 321.446 , 11 violations of section 321.276 , operating a vehicle with an 12 expired license or permit, failure to appear, weights and 13 measures violations and speeding violations of less than 14 fifteen miles per hour over the legal speed limit. 15 Sec. 13. Section 707.6A, subsection 2, paragraph a, 16 subparagraphs (1), (2), and (3), Code 2024, are amended by 17 striking the subparagraphs and inserting in lieu thereof the 18 following: 19 (1) For purposes of this paragraph “a” , a person’s use of 20 an electronic device while driving a motor vehicle shall be 21 considered prima facie evidence that the person was driving 22 the motor vehicle in a reckless manner with willful or wanton 23 disregard for the safety of persons or property, in violation 24 of section 321.277. 25 (2) Subparagraph (1) does not apply to any of the following: 26 (a) A person using an electronic device in a voice-activated 27 or hands-free mode. 28 (b) A person listed in section 321.276, subsection 2, 29 paragraph “b” . 30 (3) For purposes of this paragraph “a” , the following 31 definitions apply: 32 (a) “Electronic device” means the same as defined in section 33 321.276. 34 (b) “Use” means the same as defined in section 321.276. 35 -6- LSB 5293XC (3) 90 th/ns 6/ 10

S.F. _____ (c) “Voice-activated or hands-free mode” means the same as 1 defined in section 321.276. 2 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code 3 2024, is amended by striking the paragraph. 4 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code 5 2024, is amended to read as follows: 6 l. Writing, sending, or viewing an Use of electronic message 7 device while driving violations. For violations under section 8 321.276 , the scheduled fine is forty-five one hundred dollars. 9 DIVISION II 10 AUTOMATIC TRAFFIC ENFORCEMENT PROHIBITED 11 Sec. 16. NEW SECTION . 321.492C Use of automated or remote 12 systems for traffic law enforcement prohibited —— sharing related 13 information prohibited. 14 1. The state or a local authority shall not place or cause 15 to be placed on or adjacent to a highway, or maintain or employ 16 the use of, any automated or remote system for traffic law 17 enforcement. 18 2. The department of transportation and the department of 19 public safety shall not share or provide information used to 20 impose or collect a civil penalty that results from a violation 21 captured by an automated or remote system for traffic law 22 enforcement through any existing interstate compact that does 23 not specifically allow or require information to be shared or 24 provided for that explicit purpose. 25 3. For purposes of this section, “automated or remote system 26 for traffic law enforcement” means a camera or other optical 27 device designed to work in conjunction with an official traffic 28 control signal or speed measuring device to identify motor 29 vehicles operating in violation of traffic laws, the use of 30 which results in the issuance of citations sent through the 31 mail or by electronic means. 32 Sec. 17. REMOVAL OF AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC 33 LAW ENFORCEMENT —— VALIDITY OF PRIOR CITATIONS. Prior to July 34 1, 2025, a local authority using an automated or remote system 35 -7- LSB 5293XC (3) 90 th/ns 7/ 10

S.F. _____ for traffic law enforcement shall discontinue using the system 1 and remove the system equipment. On and after July 1, 2025, 2 all local ordinances authorizing the use of automated or remote 3 systems for traffic law enforcement are void. However, any 4 citation issued or mailed pursuant to such an ordinance prior 5 to July 1, 2025, shall not be invalidated by the enactment of 6 this division of this Act and shall be processed according to 7 the provisions of law under which the citation was authorized. 8 Sec. 18. EFFECTIVE DATE. The section of this division of 9 this Act enacting section 321.492C takes effect July 1, 2025. 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 USE OF ELECTRONIC DEVICES WHILE DRIVING. Under current law, 14 Code section 321.276 prohibits the use of hand-held electronic 15 communication devices to write, send, or view electronic 16 messages while driving a motor vehicle. This bill expands Code 17 section 321.276 to prohibit any use of an electronic device 18 while driving. The bill defines the terms “electronic device”, 19 “use”, and “voice-activated or hands-free mode”. The bill 20 allows the use of an electronic device if the vehicle is at a 21 complete stop off the traveled portion of the roadway, or as 22 far away from the center of the roadway as is practicable if 23 the vehicle cannot be entirely removed. 24 The bill provides exceptions for the use of an electronic 25 device in a voice-activated or hands-free mode, for members of 26 a public safety agency performing official duties, for health 27 care professionals in the course of emergency situations, 28 for the purpose of receiving safety-related information, 29 for the purpose of reporting an emergency situation, for 30 persons operating an implement of husbandry, for certain radio 31 operators, for members of a public transit system performing 32 official duties while in a vehicle that is not in motion, for 33 utility maintenance employees or contractors for the purpose of 34 providing utility services, for transportation network company 35 -8- LSB 5293XC (3) 90 th/ns 8/ 10

S.F. _____ drivers engaged in a prearranged ride while the vehicle is 1 not in motion, and for persons using an electronic device for 2 the purpose of accessing or using a fleet management system. 3 Under current law, to be considered an implement of husbandry, 4 a vehicle must be manufactured, designed, or reconstructed 5 for agricultural purposes, exclusively used in the conduct 6 of agricultural operations except for incidental uses, and 7 operated at speeds of 35 miles per hour or less. 8 The bill makes a violation of Code section 321.276 a moving 9 violation. Under current law, a moving violation can be 10 considered for purposes of administrative suspension of a 11 driver’s license (Code section 321.210; 761 IAC 615.12) or to 12 establish habitual offender status (Code section 321.555). 13 However, a peace officer is required to issue a warning 14 memorandum in lieu of a citation for violations that occur 15 during the period between the effective date of the bill and 16 January 1, 2025. 17 The bill increases the scheduled fine for a violation of Code 18 section 321.276 from $45 to $100. Under Code section 321.482A, 19 if a person is convicted for a violation and the violation 20 causes a serious injury, a court could impose an additional 21 fine of $500 or suspend the person’s driver’s license for not 22 more than 90 days, or both. If a person is convicted for a 23 violation and the violation causes a death, a court could 24 impose an additional fine of $1,000 or suspend the person’s 25 driver’s license for not more than 180 days, or both. By 26 operation of law, a person issued a warning memorandum under 27 the bill is not subject to the enhanced penalties under Code 28 section 321.482A. 29 The bill makes corresponding changes to Code sections 30 321.238 (preemption of local legislation) and 707.6A (homicide 31 or serious injury by vehicle) to align those provisions to the 32 provisions of Code section 321.276 as amended by the bill. 33 The bill also makes corresponding changes to Code sections 34 321.178, 321.180B, and 321.194, by striking provisions relating 35 -9- LSB 5293XC (3) 90 th/ns 9/ 10

S.F. _____ to the use of electronic communication devices while driving 1 by persons under the age of 18 who are issued certain types 2 of driver’s licenses, thereby making Code section 321.276 as 3 amended by the bill applicable to such persons. 4 AUTOMATED TRAFFIC ENFORCEMENT PROHIBITED. On and after July 5 1, 2025, the bill prohibits the state or a local authority from 6 placing or causing to be placed on or adjacent to a highway, or 7 maintaining or employing the use of, any automated or remote 8 system for traffic law enforcement (ATE system). The bill also 9 prohibits the department of transportation and the department 10 of public safety from providing information used to impose or 11 collect a civil penalty that results from a violation captured 12 by an ATE system through an existing interstate compact 13 agreement unless the agreement specifically allows or requires 14 that information to be shared or provided for that specific 15 purpose. 16 The bill defines “automated or remote system for traffic law 17 enforcement” to mean a camera or other optical device designed 18 to work in conjunction with an official traffic control signal 19 or speed measuring device to identify motor vehicles operating 20 in violation of traffic laws, the use of which results in the 21 issuance of citations sent through the mail or by electronic 22 means. 23 The bill requires that prior to July 1, 2025, a local 24 authority using an ATE system must discontinue using the system 25 and remove the system equipment. On and after July 1, 2025, 26 all local ordinances authorizing the use of ATE systems are 27 void. However, the bill provides that any citation issued or 28 mailed pursuant to such an ordinance prior to July 1, 2025, is 29 not invalidated by the bill and must be processed according to 30 the provisions of law under which the citation was authorized. 31 -10- LSB 5293XC (3) 90 th/ns 10/ 10