Senate
File
22
-
Enrolled
Senate
File
22
AN
ACT
RELATING
TO
THE
USE
OF
AN
ELECTRONIC
DEVICE
IN
A
VOICE-ACTIVATED
OR
HANDS-FREE
MODE
WHILE
DRIVING,
PROVIDING
PENALTIES,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.178,
subsection
2,
paragraph
a,
subparagraph
(2),
Code
2025,
is
amended
by
striking
the
subparagraph.
Sec.
2.
Section
321.178,
subsection
2,
paragraphs
b
and
c,
Code
2025,
are
amended
to
read
as
follows:
b.
The
department
may
suspend
a
restricted
work
license
issued
under
this
subsection
upon
receiving
satisfactory
evidence
that
the
licensee
has
violated
the
restrictions
imposed
under
paragraph
“a”
,
subparagraph
(2),
subparagraph
division
(a).
The
department
may
also
suspend
a
restricted
work
license
issued
under
this
subsection
upon
receiving
a
record
of
the
person’s
conviction
for
one
violation
and
shall
revoke
the
license
upon
receiving
a
record
of
conviction
for
two
or
more
violations
of
a
law
of
this
state
or
a
city
ordinance
regulating
the
operation
of
motor
vehicles
on
highways,
other
than
parking
violations
as
described
in
section
321.210
.
After
revoking
a
restricted
work
license
under
this
paragraph,
the
department
shall
not
grant
an
application
for
a
new
driver’s
license
or
instruction
permit
until
the
expiration
Senate
File
22,
p.
2
of
one
year
or
until
the
person
attains
the
age
of
eighteen,
whichever
is
the
longer
period.
c.
A
person
who
violates
the
restrictions
imposed
under
paragraph
“a”
,
subparagraph
(2),
subparagraph
division
(a),
may
be
issued
a
citation
under
this
section
and
shall
not
be
issued
a
citation
under
section
321.193
.
A
violation
of
the
restrictions
imposed
under
paragraph
“a”
,
subparagraph
(2),
subparagraph
division
(a),
shall
not
be
considered
a
moving
violation.
Sec.
3.
Section
321.180B,
subsection
3,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
b.
The
department
may
suspend
an
instruction
permit,
intermediate
license,
or
full
license
issued
under
this
section
upon
receiving
satisfactory
evidence
that
the
person
issued
the
instruction
permit,
intermediate
license,
or
full
license
violated
the
restrictions
imposed
under
subsection
1
,
or
2
,
or
6
during
the
term
of
the
instruction
permit
or
intermediate
license.
Sec.
4.
Section
321.180B,
subsection
6,
Code
2025,
is
amended
by
striking
the
subsection.
Sec.
5.
Section
321.180B,
subsection
7,
Code
2025,
is
amended
to
read
as
follows:
7.
Citations
for
violation
of
restrictions.
A
person
who
violates
the
restrictions
imposed
under
subsection
1
,
or
2
,
or
6
may
be
issued
a
citation
under
this
section
and
shall
not
be
issued
a
citation
under
section
321.193
.
A
violation
of
the
restrictions
imposed
under
subsection
subsections
1
,
and
2
,
or
6
shall
not
be
considered
a
moving
violation.
Sec.
6.
Section
321.194,
subsection
5,
paragraph
d,
Code
2025,
is
amended
by
striking
the
paragraph.
Sec.
7.
Section
321.210,
subsection
2,
paragraph
e,
Code
2025,
is
amended
by
striking
the
paragraph.
Sec.
8.
Section
321.238,
Code
2025,
is
amended
to
read
as
follows:
321.238
Use
of
electronic
devices
while
driving
——
preemption
of
local
legislation.
The
provisions
of
this
chapter
restricting
the
use
of
electronic
communication
devices
and
electronic
entertainment
Senate
File
22,
p.
3
devices
by
motor
vehicle
operators
shall
be
implemented
uniformly
throughout
the
state.
Such
provisions
shall
preempt
any
county
or
municipal
ordinance
regarding
the
use
of
an
electronic
communication
device
or
electronic
entertainment
device
by
a
motor
vehicle
operator.
In
addition,
a
county
or
municipality
shall
not
adopt
or
continue
in
effect
an
ordinance
regarding
the
use
of
an
electronic
communication
device
or
electronic
entertainment
device
by
a
motor
vehicle
operator.
Sec.
9.
Section
321.276,
subsection
1,
Code
2025,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
1.
For
purposes
of
this
section:
a.
“Electronic
device”
means
a
device
that
is
powered
by
electricity,
including
by
a
battery,
and
that
is
capable
of
being
used
to
compose,
send,
receive,
or
read
an
electronic
message,
or
that
is
capable
of
storing,
retrieving
on-demand,
or
displaying
videos,
movies,
broadcast
television
images,
visual
images,
or
audio
or
video
data
files.
“Electronic
device”
includes
but
is
not
limited
to
a
telephone
including
a
cellular
telephone,
personal
digital
assistant,
portable
or
mobile
computer
including
a
tablet,
two-way
messaging
device,
electronic
gaming
device,
and
any
substantially
similar
portable
device
that
is
used
to
initiate,
store,
or
receive
electronic
communication,
information,
or
data.
“Electronic
device”
does
not
include
a
device
that
is
physically
or
electronically
integrated
into
a
motor
vehicle,
including
but
not
limited
to
an
integrated
global
positioning
system
or
navigation
system
when
the
destination
is
entered
into
such
system
before
the
vehicle
is
in
motion.
b.
“Use”
includes
but
is
not
limited
to
holding,
viewing,
or
manipulating
an
electronic
device.
c.
“Voice-activated
or
hands-free
mode”
means
an
attachment,
accessory,
application,
wireless
connection,
or
built-in
feature
of
an
electronic
device
or
motor
vehicle
that
allows
a
person
to
use
verbal
commands
or
a
single
touch
to
activate
or
deactivate
the
device
or
a
function
or
software
application
of
the
device.
“Voice-activated
or
hands-free
mode”
does
not
include
accessing
nonnavigation
video
content,
engaging
in
a
video
call,
accessing
or
engaging
in
video
streaming,
accessing
Senate
File
22,
p.
4
gaming
data,
or
reading
an
electronic
message
or
notification.
Sec.
10.
Section
321.276,
subsections
2,
3,
and
4,
Code
2025,
are
amended
to
read
as
follows:
2.
A
person
shall
not
use
a
hand-held
an
electronic
communication
device
to
write,
send,
or
view
an
electronic
message
while
driving
a
motor
vehicle
unless
the
motor
vehicle
is
at
a
complete
stop
off
the
traveled
portion
of
the
roadway
,
or
as
far
away
from
the
center
of
the
roadway
as
is
practicable
if
the
vehicle
cannot
be
entirely
removed
from
the
traveled
portion
of
the
roadway
.
a.
A
person
does
not
violate
this
section
by
using
a
global
positioning
system
or
navigation
system
or
when,
for
the
purpose
of
engaging
in
a
call,
the
person
selects
or
enters
a
telephone
number
or
name
in
a
hand-held
mobile
telephone
or
activates,
deactivates,
or
initiates
a
function
of
a
hand-held
mobile
telephone
an
electronic
device
in
a
voice-activated
or
hands-free
mode
.
b.
The
provisions
of
this
subsection
relating
to
writing,
sending,
or
viewing
an
electronic
message
the
use
of
an
electronic
device
do
not
apply
to
the
following
persons:
(1)
A
member
of
a
public
safety
agency,
as
defined
in
section
34.1
,
performing
official
duties.
(2)
A
health
care
professional
in
the
course
of
an
emergency
situation.
(3)
A
person
receiving
safety-related
information
including
emergency
,
traffic,
or
weather
alerts.
(4)
A
person
using
an
electronic
device
for
the
purpose
of
reporting
an
emergency
situation,
including
any
continued
communication
with
emergency
personnel
during
the
emergency
situation
or
public
transit
personnel
responding
to
a
transit-specific
situation.
(5)
A
person
operating
an
implement
of
husbandry.
(6)
A
person
using
a
two-way
radio
transmitter
or
receiver
who
is
licensed
with
the
federal
communications
commission
in
amateur
radio
service.
(7)
A
member
of
a
public
transit
system,
as
defined
in
section
324A.1,
performing
official
duties
while
in
a
vehicle
that
is
not
in
motion.
(8)
A
utility
maintenance
employee
or
contractor
using
Senate
File
22,
p.
5
an
electronic
device
while
in
a
utility
maintenance
vehicle,
for
the
purpose
of
providing
utility
services
including
but
not
limited
to
cable,
electric,
natural
gas,
telephone,
telecommunication,
water,
and
wastewater
treatment
services,
provided
the
employee
or
contractor
is
acting
within
the
scope
of
their
employment
or
agency.
(9)
A
transportation
network
company
driver,
as
defined
in
section
321N.1,
while
engaged
in
a
prearranged
ride,
as
defined
in
section
321N.1,
provided
the
vehicle
is
not
in
motion.
(10)
A
person
using
an
electronic
device
for
the
purpose
of
accessing
or
using
a
fleet
management
system.
3.
Nothing
in
this
section
shall
be
construed
to
authorize
a
peace
officer
to
confiscate
a
hand-held
an
electronic
communication
device
from
the
driver
or
occupant
of
a
motor
vehicle.
4.
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
14
,
paragraph
“l”
.
b.
A
violation
of
this
section
shall
not
be
considered
a
moving
violation
for
purposes
of
this
chapter
or
and
rules
adopted
pursuant
to
this
chapter
.
c.
Notwithstanding
paragraphs
“a”
and
“b”
,
a
peace
officer
shall
issue
a
warning
memorandum
in
lieu
of
a
citation
to
a
person
for
violating
this
section.
This
paragraph
is
repealed
January
1,
2026.
Sec.
11.
Section
321.482A,
unnumbered
paragraph
1,
Code
2025,
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
5
,
paragraph
“d”
,
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
,
321.311
,
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
321.324
,
321.324A
,
321.327
,
321.329
,
321.333
,
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
Senate
File
22,
p.
6
section
805.8A
or
any
other
penalty
provided
by
law:
Sec.
12.
Section
321.555,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
are
required
to
be
reported
to
the
department
by
section
321.491
or
chapter
321C
,
except
equipment
violations,
parking
violations
as
defined
in
section
321.210
,
violations
of
registration
laws,
violations
of
sections
321.445
and
321.446
,
violations
of
section
321.276
,
operating
a
vehicle
with
an
expired
license
or
permit,
failure
to
appear,
weights
and
measures
violations
and
speeding
violations
of
less
than
fifteen
miles
per
hour
over
the
legal
speed
limit.
Sec.
13.
Section
707.6A,
subsection
2,
paragraph
a,
subparagraphs
(1),
(2),
and
(3),
Code
2025,
are
amended
by
striking
the
subparagraphs
and
inserting
in
lieu
thereof
the
following:
(1)
For
purposes
of
this
paragraph
“a”
,
a
person’s
use
of
an
electronic
device
while
driving
a
motor
vehicle
shall
be
considered
prima
facie
evidence
that
the
person
was
driving
the
motor
vehicle
in
a
reckless
manner
with
willful
or
wanton
disregard
for
the
safety
of
persons
or
property,
in
violation
of
section
321.277.
(2)
Subparagraph
(1)
does
not
apply
to
any
of
the
following:
(a)
A
person
using
an
electronic
device
in
a
voice-activated
or
hands-free
mode.
(b)
A
person
listed
in
section
321.276,
subsection
2,
paragraph
“b”
.
(3)
For
purposes
of
this
paragraph
“a”
,
the
following
definitions
apply:
(a)
“Electronic
device”
means
the
same
as
defined
in
section
321.276.
(b)
“Use”
means
the
same
as
defined
in
section
321.276.
(c)
“Voice-activated
or
hands-free
mode”
means
the
same
as
defined
in
section
321.276.
Sec.
14.
Section
805.8A,
subsection
4,
paragraph
c,
Code
2025,
is
amended
by
striking
the
paragraph.
Sec.
15.
Section
805.8A,
subsection
14,
paragraph
l,
Code
2025,
is
amended
to
read
as
follows:
Senate
File
22,
p.
7
l.
Writing,
sending,
or
viewing
an
Use
of
electronic
message
device
while
driving
violations.
For
violations
under
section
321.276
,
the
scheduled
fine
is
forty-five
one
hundred
dollars.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
22,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor