Senate File 2009 - Introduced
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the use of handheld two=way communication
2 devices by motor vehicle operators under age eighteen and
3 making penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5258XS 81
6 dea/cf/24
PAG LIN
1 1 Section 1. Section 321.178, Code Supplement 2005, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 2A. CELL PHONE USE RESTRICTED. A person
1 4 under eighteen years of age who has been issued a restricted
1 5 license under subsection 2 shall not operate or utilize a
1 6 handheld cellular telephone, or other handheld device used for
1 7 remote two=way communication, while operating a motor vehicle
1 8 on a highway. This subsection does not apply when the motor
1 9 vehicle is at a complete stop off the roadway or when a
1 10 cellular telephone or other handheld communication device is
1 11 used to call 9=1=1 or to contact law enforcement authorities
1 12 or an emergency response agency in an emergency situation.
1 13 Sec. 2. Section 321.180B, Code 2005, is amended by adding
1 14 the following new subsection:
1 15 NEW SUBSECTION. 2A. CELL PHONE USE RESTRICTED. A person
1 16 under eighteen years of age who has been issued an instruction
1 17 permit or an intermediate driver's license under this section
1 18 shall not operate or utilize a handheld cellular telephone, or
1 19 other handheld device used for remote two=way communication,
1 20 while operating a motor vehicle on a highway. This subsection
1 21 does not apply when the motor vehicle is at a complete stop
1 22 off the roadway or when a cellular telephone or other handheld
1 23 communication device is used to call 9=1=1 or to contact law
1 24 enforcement authorities or an emergency response agency in an
1 25 emergency situation.
1 26 Sec. 3. Section 321.194, Code Supplement 2005, is amended
1 27 by adding the following new subsection:
1 28 NEW SUBSECTION. 1A. CELL PHONE USE RESTRICTED. A person
1 29 under eighteen years of age who has been issued a driver's
1 30 license under this section shall not operate or utilize a
1 31 handheld cellular telephone, or other handheld device used for
1 32 remote two=way communication, while operating a motor vehicle
1 33 on a highway. This subsection does not apply when the motor
1 34 vehicle is at a complete stop off the roadway or when a
1 35 cellular telephone or other handheld communication device is
2 1 used to call 9=1=1 or to contact law enforcement authorities
2 2 or an emergency response agency in an emergency situation.
2 3 Sec. 4. Section 805.8A, subsection 4, paragraph a, Code
2 4 Supplement 2005, is amended to read as follows:
2 5 a. For violations under sections 321.174A, 321.178,
2 6 subsection 2A, sections 321.180, 321.180B, 321.193, and
2 7 321.194, the scheduled fine is thirty dollars.
2 8 EXPLANATION
2 9 This bill prohibits a motor vehicle operator under 18 years
2 10 of age with an instruction permit, an intermediate license, a
2 11 minor's restricted license, or a minor's school license from
2 12 using a handheld cellular telephone or other handheld two=way
2 13 communication device while driving. Exceptions are allowed
2 14 for 911 calls and calls to law enforcement authorities or
2 15 emergency response agencies in an emergency situation. In
2 16 addition, the bill does not prohibit the use of a cell phone
2 17 when the motor vehicle is at a complete stop off the roadway.
2 18 Under graduated driver licensing provisions or minors'
2 19 school licensing provisions, the penalty for a violation is a
2 20 simple misdemeanor, punishable by a scheduled fine of $30.
2 21 The bill provides the same penalty for a violation by a person
2 22 with a minor's restricted license.
2 23 LSB 5258XS 81
2 24 dea:rj/cf/24