House
File
2196
-
Enrolled
House
File
2196
AN
ACT
RELATING
TO
TEXTING
OR
USING
A
MOBILE
TELEPHONE
WHILE
OPERATING
A
COMMERCIAL
MOTOR
VEHICLE,
PROVIDING
PENALTIES,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.482A,
unnumbered
paragraph
1,
Code
2018,
is
amended
to
read
as
follows:
Notwithstanding
section
321.482
,
a
person
who
is
convicted
of
operating
a
motor
vehicle
in
violation
of
section
321.178,
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
section
321.180B,
subsection
6
,
section
321.194,
subsection
2
,
paragraph
“b”
,
subparagraph
(2),
section
321.256
,
321.257
,
section
321.275,
subsection
4
,
section
321.276,
321.297
,
321.298
,
321.299
,
321.302
,
321.303
,
321.304
,
321.305
,
321.306
,
321.307
,
321.308
,
section
321.309,
subsection
2
,
or
section
321.311
,
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
321.324
,
321.324A
,
321.327
,
321.329
,
321.333
,
or
section
321.372,
subsection
3
,
or
section
321.449B,
causing
serious
injury
to
or
the
death
of
another
person
may
be
subject
to
the
following
penalties
in
addition
to
the
penalty
provided
for
a
scheduled
violation
in
section
805.8A
or
any
other
penalty
provided
by
law:
Sec.
2.
NEW
SECTION
.
321.449B
Texting
or
using
a
mobile
telephone
while
operating
a
commercial
motor
vehicle.
1.
a.
A
person
subject
to
rules
adopted
by
the
department
pursuant
to
section
321.449
shall
not
operate
a
commercial
House
File
2196,
p.
2
motor
vehicle
while
engaged
in
texting
as
prohibited
by
49
C.F.R.
§392.80,
except
in
an
emergency
or
as
otherwise
permitted
under
49
C.F.R.
§392.80.
b.
A
person
subject
to
rules
adopted
by
the
department
pursuant
to
section
321.449
shall
not
operate
a
commercial
motor
vehicle
while
using
a
hand-held
mobile
telephone
as
prohibited
by
49
C.F.R.
§392.82,
except
in
an
emergency
or
as
otherwise
permitted
under
49
C.F.R.
§392.82.
2.
a.
A
person
convicted
of
a
violation
of
this
section
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
section
805.8A,
subsection
13,
paragraph
“b”
.
b.
A
violation
of
this
section
shall
be
considered
a
moving
violation
for
the
purposes
of
this
chapter
and
rules
adopted
pursuant
to
this
chapter.
c.
A
conviction
for
a
violation
of
this
section
shall
be
in
lieu
of
a
conviction
for
a
violation
of
section
321.276
if
the
violations
are
based
on
the
same
facts
and
circumstances.
Sec.
3.
Section
805.8A,
subsection
13,
paragraph
b,
Code
2018,
is
amended
to
read
as
follows:
b.
For
a
violation
under
section
321.449
,
or
321.449A
,
or
321.449B,
the
scheduled
fine
is
fifty
dollars.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2196,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2018
______________________________
KIM
REYNOLDS
Governor