House File 2059 - Introduced



                                       HOUSE FILE       
                                       BY  BAILEY



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

                                      A BILL FOR

  1 An Act relating to text messaging and the use of cellular
  2    telephones by certain minor motor vehicle operators and making
  3    penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5656HH 82
  6 dea/nh/5

PAG LIN



  1  1    Section 1.  Section 321.180B, Code 2007, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  2A.  TEXT MESSAGING AND CELL PHONE USE
  1  4 RESTRICTED.  A person who has been issued an instruction
  1  5 permit or an intermediate driver's license under this section
  1  6 shall not read, write, or send a text message or operate or
  1  7 utilize a handheld cellular telephone or other handheld device
  1  8 used for remote two=way communication while operating a motor
  1  9 vehicle on a highway.  This subsection does not apply when the
  1 10 motor vehicle is at a complete stop off the roadway or when a
  1 11 handheld cellular telephone or other handheld communication
  1 12 device is used to call 9=1=1 or to contact law enforcement
  1 13 authorities or an emergency response agency in an emergency
  1 14 situation.
  1 15    Sec. 2.  Section 321.194, subsection 1, Code 2007, is
  1 16 amended by adding the following new paragraph:
  1 17    NEW PARAGRAPH.  c.  A person who has been issued a driver's
  1 18 license under this section shall not read, write, or send a
  1 19 text message or operate or utilize a handheld cellular
  1 20 telephone or other handheld device used for remote two=way
  1 21 communication while operating a motor vehicle on a highway.
  1 22 This paragraph does not apply when the motor vehicle is at a
  1 23 complete stop off the roadway or when a handheld cellular
  1 24 telephone or other handheld communication device is used to
  1 25 call 9=1=1 or to contact law enforcement authorities or an
  1 26 emergency response agency in an emergency situation.
  1 27                           EXPLANATION
  1 28    This bill prohibits a motor vehicle operator with an
  1 29 instruction permit or intermediate license issued under the
  1 30 graduated driver licensing program or a special minor's
  1 31 license issued for driving to and from school from reading,
  1 32 writing, or sending a text message or using a handheld
  1 33 cellular telephone or other handheld two=way communication
  1 34 device while driving.  Exceptions are allowed for the use of a
  1 35 cell phone to make 911 calls and calls to law enforcement
  2  1 authorities or emergency response agencies in an emergency
  2  2 situation.  In addition, the bill does not prohibit text
  2  3 messaging or using a handheld cell phone when the motor
  2  4 vehicle is at a complete stop off the roadway.
  2  5    A violation of graduated driver licensing provisions is a
  2  6 simple misdemeanor, punishable by a scheduled fine of $30.  In
  2  7 addition, a person 17 years of age must be violation=free for
  2  8 12 months to qualify for a full driver's license.
  2  9    A violation of special minor's license provisions is a
  2 10 simple misdemeanor punishable by a scheduled fine of $30.  In
  2 11 addition, a violation of the restrictions of the license can
  2 12 result in suspension of the license.
  2 13 LSB 5656HH 82
  2 14 dea/nh/5