House Amendment 8203
PAG LIN
1 1 Amend the amendment, H=8193, to House File 2456 as
1 2 follows:
1 3 #1. Page 1, by striking lines 2 through 11 and
1 4 inserting:
1 5 #___. By striking everything after the enacting
1 6 clause and inserting:
1 7 <Section 1. Section 321.210, subsection 2, Code
1 8 2009, is amended by adding the following new paragraph:
1 9 NEW PARAGRAPH. e. Violations of section 321.276.
1 10 Sec. 2. NEW SECTION. 321.276 Use of electronic
1 11 communications device == persons under age eighteen.
1 12 1. For purposes of this section:
1 13 a. "Electronic communication device" means a mobile
1 14 telephone or other electronic communication device
1 15 capable of being used to engage in a call or to write,
1 16 send, or read a text message.
1 17 b. "Engage in a call" means talking or listening on
1 18 a mobile telephone or other electronic communication
1 19 device.
1 20 c. "Text message" includes a text=based message, an
1 21 instant message, and electronic mail.
1 22 d. The terms "write", "send", and "read", with
1 23 respect to a text message, mean the manual entry,
1 24 transmission, and retrieval of a text message,
1 25 respectively, to communicate with any other person or
1 26 device.
1 27 2. A person under eighteen year of age shall not
1 28 use an electronic communication device to engage in
1 29 a call, to write, send, or read a text message, or
1 30 for any other purpose while driving a motor vehicle
1 31 unless the motor vehicle is at a complete stop off the
1 32 roadway. A person does not violate this section by
1 33 using a global positioning system or navigation system.
1 34 3. The provisions of this section shall be
1 35 implemented uniformly throughout the state. The
1 36 provisions of this section shall preempt any local
1 37 county or municipal ordinance regarding the use of an
1 38 electronic communication device by a motor vehicle
1 39 operator. In addition, a county or municipality shall
1 40 not adopt or continue in effect an ordinance regarding
1 41 the use of an electronic communication device by a
1 42 motor vehicle operator.
1 43 4. Nothing in this section shall be construed to
1 44 authorize a peace officer to confiscate an electronic
1 45 communication device from the driver or occupant of a
1 46 motor vehicle.
1 47 5. a. A person convicted of a violation of this
1 48 section is guilty of a simple misdemeanor punishable as
1 49 a scheduled violation under section 805.8A, subsection
1 50 14, paragraph "k".
2 1 b. A violation of this section shall not be
2 2 considered a moving violation for purposes of this
2 3 chapter or rules adopted pursuant to this chapter.
2 4 6. For the period beginning July 1, 2010, through
2 5 June 30, 2011, peace officers shall issue only
2 6 warning citations for violations of this section. The
2 7 department, in cooperation with the department of
2 8 public safety, shall establish educational programs
2 9 to foster compliance with the requirements of this
2 10 section.
2 11 Sec. 3. Section 321.482A, unnumbered paragraph 1,
2 12 Code 2009, is amended to read as follows:
2 13 Notwithstanding section 321.482, a person who
2 14 is convicted of operating a motor vehicle in
2 15 violation of section 321.275, subsection 4, section
2 16 321.276, 321.297, 321.298, 321.299, 321.302, 321.303,
2 17 321.304, 321.305, 321.306, 321.307, 321.308, section
2 18 321.309, subsection 2, or section 321.311, 321.319,
2 19 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324,
2 20 321.324A, 321.327, 321.329, or 321.333 causing serious
2 21 injury to or the death of another person may be subject
2 22 to the following penalties in addition to the penalty
2 23 provided for a scheduled violation in section 805.8A or
2 24 any other penalty provided by law:
2 25 Sec. 4. Section 321.555, subsection 2, Code 2009,
2 26 is amended to read as follows:
2 27 2. Six or more of any separate and distinct
2 28 offenses within a two=year period in the operation of a
2 29 motor vehicle, which are required to be reported to the
2 30 department by section 321.491 or chapter 321C, except
2 31 equipment violations, parking violations as defined
2 32 in section 321.210, violations of registration laws,
2 33 violations of sections 321.445 and 321.446, violations
2 34 of section 321.276, operating a vehicle with an expired
2 35 license or permit, failure to appear, weights and
2 36 measures violations and speeding violations of less
2 37 than fifteen miles per hour over the legal speed limit.
2 38 Sec. 5. Section 805.8A, subsection 14, Code
2 39 Supplement 2009, is amended by adding the following new
2 40 paragraph:
2 41 NEW PARAGRAPH. k. Electronic communication device
2 42 violations. For violations under section 321.276, the
2 43 scheduled fine is thirty dollars.>
2 44 #___. Title page, lines 1 and 2, by striking <from
2 45 writing or sending a text message> and inserting
2 46 <under eighteen years of age from using an electronic
2 47 communication device>
2 48 #___. By renumbering as necessary.>
RANTS of Woodbury
HF2456.1416 (3) 83
dea/nh
-1-