House Amendment 8342
PAG LIN
1 1 Amend the amendment, H=8328, to the Senate
1 2 amendment, H=8251, to House File 2456, as amended,
1 3 passed, and reprinted by the House, as follows:
1 4 #1. By striking page 1, line 4, through page 2, line
1 5 30, and inserting:
1 6 <___. Page 1, by striking lines 3 through 10 and
1 7 inserting:
1 8 <___. By striking everything after the enacting
1 9 clause and inserting:
1 10 <Section 1. Section 321.178, subsection 2,
1 11 paragraph a, Code 2009, is amended to read as follows:
1 12 a. (1) A person between sixteen and eighteen
1 13 years of age who has completed an approved driver's
1 14 education course and is not in attendance at school
1 15 and has not met the requirements described in section
1 16 299.2, subsection 1, may be issued a restricted license
1 17 only for travel to and from work or to transport
1 18 dependents to and from temporary care facilities,
1 19 if necessary for the person to maintain the person's
1 20 present employment. The restricted license shall be
1 21 issued by the department only upon confirmation of the
1 22 person's employment and need for a restricted license
1 23 to travel to and from work or to transport dependents
1 24 to and from temporary care facilities if necessary to
1 25 maintain the person's employment. The employer shall
1 26 notify the department if the employment of the person
1 27 is terminated before the person attains the age of
1 28 eighteen.
1 29 (2) A person issued a restricted license under
1 30 this section shall not use an electronic communication
1 31 device or an electronic entertainment device while
1 32 driving a motor vehicle unless the motor vehicle is
1 33 at a complete stop off the traveled portion of the
1 34 roadway. This subparagraph does not apply to the use
1 35 of electronic equipment which is permanently installed
1 36 in the motor vehicle or to a portable device which is
1 37 operated through permanently installed equipment.
1 38 Sec. 2. Section 321.180B, Code Supplement 2009, is
1 39 amended by adding the following new subsection:
1 40 NEW SUBSECTION. 6A. A person issued an instruction
1 41 permit or intermediate driver's license under this
1 42 section shall not use an electronic communication
1 43 device or an electronic entertainment device while
1 44 driving a motor vehicle unless the motor vehicle is
1 45 at a complete stop off the traveled portion of the
1 46 roadway. This subsection does not apply to the use of
1 47 electronic equipment which is permanently installed
1 48 in the motor vehicle or to a portable device which is
1 49 operated through permanently installed equipment.
1 50 Sec. 3. Section 321.194, subsection 1, Code
2 1 Supplement 2009, is amended by adding the following new
2 2 paragraph:
2 3 NEW PARAGRAPH. c. A person issued a driver's
2 4 license under this section shall not use an electronic
2 5 communication device or an electronic entertainment
2 6 device while driving a motor vehicle unless the motor
2 7 vehicle is at a complete stop off the traveled portion
2 8 of the roadway. This paragraph does not apply to
2 9 the use of electronic equipment which is permanently
2 10 installed in the motor vehicle or to a portable
2 11 device which is operated through permanently installed
2 12 equipment.
2 13 Sec. 4. NEW SECTION. 321.238 Use of electronic
2 14 devices while driving == preemption of local
2 15 legislation.
2 16 The provisions of sections 321.178, 321.180B, and
2 17 321.194 restricting the use of electronic communication
2 18 devices and electronic entertainment devices by certain
2 19 motor vehicle operators shall be implemented uniformly
2 20 throughout the state. Such provisions shall preempt
2 21 any county or municipal ordinance regarding the use
2 22 of an electronic communication device or electronic
2 23 entertainment device by a motor vehicle operator. In
2 24 addition, a county or municipality shall not adopt
2 25 or continue in effect an ordinance regarding the use
2 26 of an electronic communication device or electronic
2 27 entertainment device by a motor vehicle operator.>
2 28 ___. Title page, lines 2 and 3, by striking
2 29 <driving, including prohibiting a person from writing
2 30 or sending a text message while>
2 31 ___. Title page, line 4, by striking <providing
2 32 penalties> and inserting <making penalties applicable>
2 33 ___. By renumbering as necessary.>
R. OLSON of Polk
RAECKER of Polk
WILLEMS of Linn
ZIRKELBACH of Jones
FORD of Polk
KEARNS of Lee
BERRY of Black Hawk
STRUYK of Pottawattamie
RANTS of Woodbury
COWNIE of Polk
SORENSON of Warren
PETTENGILL of Benton
SWEENEY of Hardin
HF2456.1875 (4) 83
dea/nh
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