House Amendment 8290


PAG LIN

     1  1    Amend the amendment, H=8283, to Senate File 2150, as
     1  2 passed by the Senate, as follows:
     1  3 #1.  By striking page 1, line 3, through page 2, line
     1  4 22, and inserting:
     1  5 #<1.  Page 1, before line 1 by inserting:
     1  6    <Section 1.  Section 321.178, subsection 2,
     1  7 paragraph a, Code 2009, is amended to read as follows:
     1  8    a.  (1)  A person between sixteen and eighteen
     1  9 years of age who has completed an approved driver's
     1 10 education course and is not in attendance at school
     1 11 and has not met the requirements described in section
     1 12 299.2, subsection 1, may be issued a restricted license
     1 13 only for travel to and from work or to transport
     1 14 dependents to and from temporary care facilities,
     1 15 if necessary for the person to maintain the person's
     1 16 present employment. The restricted license shall be
     1 17 issued by the department only upon confirmation of the
     1 18 person's employment and need for a restricted license
     1 19 to travel to and from work or to transport dependents
     1 20 to and from temporary care facilities if necessary to
     1 21 maintain the person's employment. The employer shall
     1 22 notify the department if the employment of the person
     1 23 is terminated before the person attains the age of
     1 24 eighteen.
     1 25    (2)  A person issued a restricted license under
     1 26 this section shall not use an electronic communication
     1 27 device or an electronic entertainment device while
     1 28 driving a motor vehicle unless the motor vehicle is at
     1 29 a complete stop off the roadway. This subparagraph
     1 30 does not apply to the use of electronic equipment which
     1 31 is permanently installed in the motor vehicle or to a
     1 32 portable device which is operated through permanently
     1 33 installed equipment.>
     1 34 #2.  Page 3, after line 9 by inserting:
     1 35    <Sec. ___.  Section 321.180B, Code Supplement 2009,
     1 36 is amended by adding the following new subsection:
     1 37    NEW SUBSECTION.  6A.  A person issued an instruction
     1 38 permit or intermediate driver's license under this
     1 39 section shall not use an electronic communication
     1 40 device or an electronic entertainment device while
     1 41 driving a motor vehicle unless the motor vehicle is
     1 42 at a complete stop off the roadway. This subsection
     1 43 does not apply to the use of electronic equipment which
     1 44 is permanently installed in the motor vehicle or to a
     1 45 portable device which is operated through permanently
     1 46 installed equipment.>
     1 47 #3.  Page 3, line 11, by striking <paragraph:> and
     1 48 inserting <paragraphs:>
     1 49 #4.  Page 3, line 12, by striking <Ob.> and inserting
     1 50 c.>
     2  1 #5.  Page 3, after line 20 by inserting:
     2  2    <NEW PARAGRAPH.  d.  A person issued a driver's
     2  3 license under this section shall not use an electronic
     2  4 communication device or an electronic entertainment
     2  5 device while driving a motor vehicle unless the motor
     2  6 vehicle is at a complete stop off the roadway. This
     2  7 paragraph does not apply to the use of electronic
     2  8 equipment which is permanently installed in the motor
     2  9 vehicle or to a portable device which is operated
     2 10 through permanently installed equipment.
     2 11    Sec. ___.  NEW SECTION.  321.238  Use of electronic
     2 12 devices while driving == preemption of local
     2 13 legislation.
     2 14    The provisions of sections 321.178, 321.180B, and
     2 15 321.194 restricting the use of electronic communication
     2 16 devices and electronic entertainment devices by certain
     2 17 motor vehicle operators shall be implemented uniformly
     2 18 throughout the state.  Such provisions shall preempt
     2 19 any county or municipal ordinance regarding the use
     2 20 of an electronic communication device or electronic
     2 21 entertainment device by a motor vehicle operator.  In
     2 22 addition, a county or municipality shall not adopt
     2 23 or continue in effect an ordinance regarding the use
     2 24 of an electronic communication device or electronic
     2 25 entertainment device by a motor vehicle operator.>
     2 26 #6.  Title page, lines 1 and 2, by striking
     2 27 <licenses> and inserting <licenses, minor's restricted
     2 28 licenses,>
     2 29 #7.  Title page, line 2, by striking <licenses,
     2 30 making a penalty> and inserting <licenses and to the
     2 31 use of certain electronic devices by motor vehicle
     2 32 operators, making penalties>
     2 33 #8.  By renumbering as necessary.>


                                        
          RAECKER of Polk
          SF2150.1728 (3) 83
          dea/nh

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