House Amendment 8328
PAG LIN
1 1 Amend the Senate amendment, H=8251, to House File
1 2 2456, as amended, passed, and reprinted by the House,
1 3 as follows:
1 4 #1. Page 1, by striking lines 3 through 10 and
1 5 inserting:
1 6 <___. By striking everything after the enacting
1 7 clause and inserting:
1 8 <Section 1. Section 321.178, subsection 2,
1 9 paragraph a, Code 2009, is amended to read as follows:
1 10 a. (1) A person between sixteen and eighteen
1 11 years of age who has completed an approved driver's
1 12 education course and is not in attendance at school
1 13 and has not met the requirements described in section
1 14 299.2, subsection 1, may be issued a restricted license
1 15 only for travel to and from work or to transport
1 16 dependents to and from temporary care facilities,
1 17 if necessary for the person to maintain the person's
1 18 present employment. The restricted license shall be
1 19 issued by the department only upon confirmation of the
1 20 person's employment and need for a restricted license
1 21 to travel to and from work or to transport dependents
1 22 to and from temporary care facilities if necessary to
1 23 maintain the person's employment. The employer shall
1 24 notify the department if the employment of the person
1 25 is terminated before the person attains the age of
1 26 eighteen.
1 27 (2) A person issued a restricted license under
1 28 this section shall not use an electronic communication
1 29 device or an electronic entertainment device while
1 30 driving a motor vehicle unless the motor vehicle is at
1 31 a complete stop off the roadway. This subparagraph
1 32 does not apply to the use of electronic equipment which
1 33 is permanently installed in the motor vehicle or to a
1 34 portable device which is operated through permanently
1 35 installed equipment.
1 36 Sec. 2. Section 321.180B, Code Supplement 2009, is
1 37 amended by adding the following new subsection:
1 38 NEW SUBSECTION. 6A. A person issued an instruction
1 39 permit or intermediate driver's license under this
1 40 section shall not use an electronic communication
1 41 device or an electronic entertainment device while
1 42 driving a motor vehicle unless the motor vehicle is
1 43 at a complete stop off the roadway. This subsection
1 44 does not apply to the use of electronic equipment which
1 45 is permanently installed in the motor vehicle or to a
1 46 portable device which is operated through permanently
1 47 installed equipment.
1 48 Sec. 3. Section 321.194, subsection 1, Code
1 49 Supplement 2009, is amended by adding the following new
1 50 paragraph:
2 1 NEW PARAGRAPH. c. A person issued a driver's
2 2 license under this section shall not use an electronic
2 3 communication device or an electronic entertainment
2 4 device while driving a motor vehicle unless the motor
2 5 vehicle is at a complete stop off the roadway. This
2 6 paragraph does not apply to the use of electronic
2 7 equipment which is permanently installed in the motor
2 8 vehicle or to a portable device which is operated
2 9 through permanently installed equipment.
2 10 Sec. 4. NEW SECTION. 321.238 Use of electronic
2 11 devices while driving == preemption of local
2 12 legislation.
2 13 The provisions of sections 321.178, 321.180B, and
2 14 321.194 restricting the use of electronic communication
2 15 devices and electronic entertainment devices by certain
2 16 motor vehicle operators shall be implemented uniformly
2 17 throughout the state. Such provisions shall preempt
2 18 any county or municipal ordinance regarding the use
2 19 of an electronic communication device or electronic
2 20 entertainment device by a motor vehicle operator. In
2 21 addition, a county or municipality shall not adopt
2 22 or continue in effect an ordinance regarding the use
2 23 of an electronic communication device or electronic
2 24 entertainment device by a motor vehicle operator.>
2 25 #2. Title page, lines 2 and 3, by striking <driving,
2 26 including prohibiting a person from writing or sending
2 27 a text message while>
2 28 #3. Title page, line 4, by striking <providing
2 29 penalties> and inserting <making penalties applicable>
2 30 #4. By renumbering as necessary.
RAECKER of Polk
HF2456.1803 (5) 83
dea/nh/mb
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