Senate File 2289 S-5044 Amend Senate File 2289 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 321.210, subsection 2, 4 paragraph e, Code 2014, is amended by striking the 5 paragraph. 6 Sec. 2. Section 321.276, subsections 1 and 2, Code 7 2014, are amended to read as follows: 8 1. For purposes of this section: 9 a. “Engage in a call” means talking or listening 10 on a mobile telephone or other portable electronic 11 communication device. 12 b. “Hand-held electronic “Electronic communication 13 device” means a mobile telephone , portable or mobile 14 computer, or other portable electronic communication 15 device capable of being used to write compose , send, 16 or read a text an electronic message. “Hand-held 17 electronic “Electronic communication device” does not 18 include a voice-operated or hands-free device which 19 allows the user to write compose , send, or read a text 20 an electronic message without the use of either hand 21 except to activate or deactivate a feature or function. 22 “Hand-held electronic “Electronic communication device” 23 does not include a wireless communication device used 24 to transmit or receive data as part of a digital 25 dispatch system. “Hand-held electronic “Electronic 26 communication device” includes a device which is 27 temporarily mounted inside the motor vehicle, unless 28 the device is a voice-operated or hands-free device. 29 c. “Text “Electronic message” means a self-contained 30 piece of digital communication that is designed 31 or intended or be transmitted by electronic means. 32 “Electronic message” includes but is not limited to a 33 text-based message, an instant message, and electronic 34 mail an electronic mail message, and a communication 35 designed to initiate access to an internet site . 36 d. The terms “write” “compose” , “send” , and “read” , 37 with respect to a text an electronic message, mean the 38 manual entry, transmission, and retrieval of a text an 39 electronic message, respectively, to communicate with 40 any other person or device. 41 2. A person shall not use a hand-held an electronic 42 communication device to write compose , send, or read 43 a text an electronic message while driving a motor 44 vehicle unless the motor vehicle is at a complete stop 45 off the traveled portion of the roadway. 46 a. A person does not violate this section by using 47 a global positioning system or navigation system 48 or when, for the purpose of engaging in a call, 49 the person selects or enters a telephone number or 50 -1- SF2289.3123 (1) 85 dea/nh 1/ 3 #1.

name in a hand-held mobile telephone or activates, 1 deactivates, or initiates a function of a hand-held 2 mobile telephone. 3 b. The provisions of this subsection relating to 4 reading a text an electronic message do not apply to 5 the following persons: 6 (1) A member of a public safety agency, as defined 7 in section 34.1 , performing official duties. 8 (2) A health care professional in the course of an 9 emergency situation. 10 (3) A person receiving safety-related information 11 including emergency, traffic, or weather alerts. 12 Sec. 3. Section 321.276, subsection 4, Code 2014, 13 is amended to read as follows: 14 4. a. A person convicted of a violation of this 15 section is guilty of a simple misdemeanor punishable as 16 a scheduled violation under section 805.8A, subsection 17 14 6 , paragraph “l” “0c” . 18 b. A violation of this section shall not be 19 considered a moving violation for purposes of this 20 chapter or rules adopted pursuant to this chapter . 21 Sec. 4. Section 321.276, subsection 5, Code 2014, 22 is amended by striking the subsection. 23 Sec. 5. Section 321.555, subsection 2, Code 2014, 24 is amended to read as follows: 25 2. Six or more of any separate and distinct 26 offenses within a two-year period in the operation of a 27 motor vehicle, which are required to be reported to the 28 department by section 321.491 or chapter 321C , except 29 equipment violations, parking violations as defined 30 in section 321.210 , violations of registration laws, 31 violations of sections 321.445 and 321.446 , violations 32 of section 321.276 , operating a vehicle with an expired 33 license or permit, failure to appear, weights and 34 measures violations and speeding violations of less 35 than fifteen miles per hour over the legal speed limit. 36 Sec. 6. Section 805.8A, subsection 6, Code 2014, is 37 amended by adding the following new paragraph: 38 NEW PARAGRAPH . 0c. Section 321.276 . . . . . . . . . . . . . $30 39 Sec. 7. Section 805.8A, subsection 14, paragraph l, 40 Code 2014, is amended by striking the paragraph. > 41 2. Title page, line 1, by striking < texting while 42 driving as > and inserting < electronic messaging while 43 driving as a moving violation and > 44 3. Title page, line 2, after < enforcement > by 45 inserting < , and making penalties applicable > 46 4. By renumbering as necessary. 47 -2- SF2289.3123 (1) 85 dea/nh 2/ 3 #2. #3.