House File 2158

                                       HOUSE FILE       
                                       BY  MASCHER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the use of a handheld cellular telephone while
  2    operating a motor vehicle and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5029HH 80
  5 dea/cf/24

PAG LIN

  1  1    Section 1.  NEW SECTION.  321.363A  USE OF HANDHELD
  1  2 CELLULAR TELEPHONE == PENALTY.
  1  3    1.  For purposes of this section, the following definitions
  1  4 apply:
  1  5    a.  "Cellular telephone" means a radio=link telephone that
  1  6 provides dial tone access to a portable, mobile, or fixed
  1  7 location for which a charge is levied.
  1  8    b.  "Engage in a call" means to speak into or listen to the
  1  9 cellular telephone, but does not include activating,
  1 10 deactivating, or initiating a function of the cellular
  1 11 telephone.
  1 12    c.  "Handheld cellular telephone" means a cellular
  1 13 telephone that requires the use of either hand for the user to
  1 14 engage in a call.
  1 15    2.  Except as otherwise provided in this section, the
  1 16 operator of a motor vehicle shall not engage in a call on a
  1 17 handheld cellular telephone unless the motor vehicle is
  1 18 completely stopped off the traveled portion of the highway.
  1 19    3.  Subsection 2 does not apply to any of the following:
  1 20    a.  A person using a cellular telephone that is mounted or
  1 21 otherwise attached to the vehicle so that the use of the hand
  1 22 is not required for the person to engage in a call.
  1 23    b.  A person using a handheld cellular telephone to call
  1 24 911 or another public emergency telephone number for police,
  1 25 fire, or rescue service.
  1 26    c.  A member of a public safety agency, as defined in
  1 27 section 34.1, while performing official duties.
  1 28    4.  A violation of this section is a simple misdemeanor
  1 29 punishable as a scheduled violation under section 805.8A,
  1 30 subsection 6, paragraph "b".
  1 31    Sec. 2.  Section 805.8A, subsection 6, paragraph b, Code
  1 32 Supplement 2003, is amended to read as follows:
  1 33    b.  For violations under section 321.275, subsections 1
  1 34 through 7, sections 321.277A, 321.315, 321.316, 321.318,
  1 35 321.363, 321.363A, and 321.365, the scheduled fine is twenty=
  2  1 five dollars.
  2  2                           EXPLANATION
  2  3    This bill prohibits a person from operating a motor vehicle
  2  4 on a highway while engaging in a call on a handheld cellular
  2  5 telephone.  The prohibition does not apply if the motor
  2  6 vehicle is completely stopped off the traveled portion of the
  2  7 highway when the operator is engaged in a call.  Activating,
  2  8 deactivating, or initiating a function of the cellular
  2  9 telephone by use of the hand is permissible, as is the use of
  2 10 a mounted cellular telephone.  The terms "cellular telephone",
  2 11 "engage in a call", and "handheld cellular telephone" are
  2 12 defined in the bill.  A person calling 911 or another
  2 13 emergency number and members of public safety agencies
  2 14 performing official duties are exempt from the prohibition.
  2 15    A violation is punishable by a scheduled fine of $25.
  2 16 LSB 5029HH 80
  2 17 dea/cf/24