Senate File 391 H-1192 Amend Senate File 391, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 321.276, subsection 1, Code 5 2015, is amended by striking the subsection and 6 inserting in lieu thereof the following: 7 1. For purposes of this section: 8 a. “Electronic communication device” means an 9 electronic device capable of being used to compose, 10 read, or send an electronic message. “Electronic 11 communication device” includes but is not limited to 12 telephones, personal digital assistants, and portable 13 or mobile computers. 14 b. “Electronic message” means a self-contained piece 15 of digital communication, whether verbal or written, 16 that is designed or intended to be transmitted between 17 physical devices. “Electronic message” includes but is 18 not limited to telephone calls, video calls, electronic 19 mail, text messages, instant messages, and commands or 20 requests to access an internet site. 21 Sec. 2. Section 321.276, subsections 2, 3, and 4, 22 Code 2015, are amended to read as follows: 23 2. A person shall not use a hand-held an electronic 24 communication device to write, send, or read a text 25 message while driving a motor vehicle unless the motor 26 vehicle is at a complete stop off the traveled portion 27 of the roadway. 28 a. A person does not violate this section by using 29 a global positioning system or navigation system or 30 when, for the purpose of engaging in a call, the person 31 selects or enters a telephone number or name in a 32 hand-held mobile telephone or activates, deactivates, 33 or initiates a function of a hand-held mobile telephone 34 by using an electronic communication device in a 35 hands-free or voice-activated mode . 36 b. The provisions of this subsection relating 37 to reading a text message the use of an electronic 38 communication device do not apply to the following 39 persons: 40 (1) A member of a public safety agency, as defined 41 in section 34.1 , performing official duties. 42 (2) A health care professional in the course of an 43 emergency situation. 44 (3) A person sending or receiving safety-related 45 information including emergency, traffic, or weather 46 alerts. 47 c. The exceptions provided in paragraph “a” and 48 paragraph “b” , subparagraph (3), shall not apply to any 49 of the following: 50 -1- SF391.1228 (3) 86 ns/nh 1/ 3 #1.

(1) A person operating a motor vehicle in a school 1 district. 2 (2) A person operating a motor vehicle in a road 3 work zone. 4 (3) A person issued a driver’s license under 5 section 321.178A, 321.180, 321.180A, 321.180B, 321.181, 6 or 321.194. 7 (4) A person issued a temporary restricted license 8 under section 321.215 or 321J.20. 9 3. Nothing in this section shall be construed to 10 authorize a peace officer to confiscate a portable an 11 electronic communication device from the driver or 12 occupant of a motor vehicle. 13 4. a. A person convicted of a violation of this 14 section occurring before July 1, 2017, shall be issued 15 a warning memorandum. 16 b. A person convicted of a violation of this 17 section occurring on or after July 1, 2017, is guilty 18 of a simple misdemeanor punishable as a scheduled 19 violation under section 805.8A, subsection 14 , 20 paragraph “l” . 21 b. c. A violation of this section shall not be 22 considered a moving violation for purposes of this 23 chapter or rules adopted pursuant to this chapter . 24 Sec. 3. Section 321.276, subsection 5, Code 2015, 25 is amended by striking the subsection. 26 Sec. 4. Section 805.8A, subsection 14, paragraph l, 27 Code 2015, is amended to read as follows: 28 l. Text-messaging Use of electronic communication 29 devices while driving violations. For violations under 30 section 321.276 , the scheduled fine is thirty dollars. 31 Sec. 5. PUBLIC EDUCATION AND AWARENESS. The 32 department of transportation, in cooperation with 33 the department of public safety and other interested 34 parties, shall develop and implement a public education 35 and awareness program to foster compliance with the 36 restrictions on the use of electronic communication 37 devices as established in this Act. The department 38 may incorporate the education initiative into existing 39 programs administered by the department and coordinate 40 efforts with other state or local agencies to reach the 41 widest population possible. > 42 2. Title page, line 2, by striking < driving as a 43 primary offense > and inserting < driving, and making 44 penalties applicable > 45 3. By renumbering as necessary. 46 ______________________________ COMMITTEE ON TRANSPORTATION -2- SF391.1228 (3) 86 ns/nh 2/ 3 #2. #3.