Senate Amendment 5200
PAG LIN
1 1 Amend the amendment, H=8251, to House File 2456,
1 2 as amended, passed, and reprinted by the House, as
1 3 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
1 31 at a complete stop off the traveled portion of the
1 32 roadway. This subparagraph does not apply to the use
1 33 of electronic equipment which is permanently installed
1 34 in the motor vehicle or to a portable device which is
1 35 operated through permanently 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 traveled portion of the
1 44 roadway. This subsection does not apply to the use of
1 45 electronic equipment which is permanently installed
1 46 in the motor vehicle or to a portable device which is
1 47 operated through permanently 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 traveled portion
2 6 of the roadway. This paragraph does not apply to
2 7 the use of electronic equipment which is permanently
2 8 installed in the motor vehicle or to a portable
2 9 device which is operated through permanently installed
2 10 equipment.
2 11 Sec. 4. 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 ___. Title page, lines 2 and 3, by striking
2 27 <driving, including prohibiting a person from writing
2 28 or sending a text message while>
2 29 ___. Title page, line 4, by striking <providing
2 30 penalties> and inserting <making penalties applicable>
2 31 ___. By renumbering as necessary.>
H8251.1976 (2) 83
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