House File 2228 - Introduced
HOUSE FILE
BY HUNTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning young motor vehicle operators and passengers,
2 including cell phone restrictions, passenger restraint
3 requirements, and "alive at 25" education requirements for
4 operating while intoxicated and providing penalties and an
5 effective date.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 5948HH 82
8 dea/nh/5
PAG LIN
1 1 Section 1. NEW SECTION. 321.363A CELL PHONE USE BY
1 2 DRIVER UNDER EIGHTEEN PROHIBITED.
1 3 A person under eighteen years of age shall not operate or
1 4 utilize a mobile telephone, two=way radio, wireless electronic
1 5 mail device, two=way pager, or any other device used for
1 6 remote two=way communication while operating a motor vehicle
1 7 on the roadway.
1 8 Sec. 2. Section 321.445, subsection 2, unnumbered
1 9 paragraph 1, Code 2007, is amended to read as follows:
1 10 The driver and front seat occupants of a type of motor
1 11 vehicle that is subject to registration in Iowa, except a
1 12 motorcycle or a motorized bicycle, shall each wear a properly
1 13 adjusted and fastened safety belt or safety harness any time
1 14 the vehicle is in forward motion on a street or highway in
1 15 this state except that a child under eleven eighteen years of
1 16 age shall be secured as required under section 321.446.
1 17 Sec. 3. Section 321.446, subsection 2, Code 2007, is
1 18 amended to read as follows:
1 19 2. A child at least six years of age but under eleven
1 20 eighteen years of age who is being transported in a motor
1 21 vehicle subject to registration, except a school bus or
1 22 motorcycle, shall be secured during transit by a child
1 23 restraint system that is used in accordance with the
1 24 manufacturer's instructions or by a safety belt or safety
1 25 harness of a type approved under section 321.445.
1 26 Sec. 4. NEW SECTION. 321J.2C EDUCATION FOR PERSONS UNDER
1 27 AGE TWENTY=ONE.
1 28 Notwithstanding any other provision, a person under twenty=
1 29 one years of age who operates a motor vehicle in violation of
1 30 section 321J.2 or 321J.2A shall complete a classroom course
1 31 approved by the department consisting of behavior=based
1 32 training designed to promote positive and safe decision
1 33 making. The classroom course required under this section
1 34 shall be the "alive at 25" course developed by the national
1 35 safety council, or a course that contains equivalent
2 1 curriculum and meets the goals of the "alive at 25" course.
2 2 The requirement imposed under this section is in addition to
2 3 any other penalty, sanction, or educational requirement
2 4 provided for a violation of this chapter.
2 5 Sec. 5. Section 805.8A, subsection 14, Code 2007, is
2 6 amended by adding the following new paragraph:
2 7 NEW PARAGRAPH. j. CELL PHONE VIOLATIONS. For violations
2 8 under section 321.363A, the scheduled fine is thirty dollars.
2 9 Sec. 6. EFFECTIVE DATE. The section of this Act enacting
2 10 section 321J.2C takes effect July 1, 2009.
2 11 EXPLANATION
2 12 This bill prohibits a person under 18 years of age from
2 13 using a mobile telephone or other two=way communication device
2 14 while operating a motor vehicle on the roadway. The
2 15 prohibition would not apply when the vehicle is stopped on the
2 16 shoulder of the highway or is otherwise off the highway. A
2 17 violation is a simple misdemeanor punishable by a scheduled
2 18 fine of $30.
2 19 The bill requires that passengers who are at least six but
2 20 less than 18 years of age be secured by a child restraint
2 21 system or by a safety belt or safety harness regardless of
2 22 seating position in any motor vehicle, other than a school bus
2 23 or motorcycle. Under current law, the restraint requirement
2 24 applies to front seat occupants of any age, and to rear seat
2 25 occupants under 11 years of age. In addition, the bill
2 26 requires that all passengers 18 years of age or older use
2 27 safety belts or safety harnesses regardless of seating
2 28 position when riding in a vehicle operated by an intermediate
2 29 licensee. A violation of the seat belt or child restraint law
2 30 is a simple misdemeanor punishable by a scheduled fine of $25.
2 31 The bill provides new remedial education requirements for
2 32 persons under 21 years of age who operate a motor vehicle
2 33 while under the influence of alcohol or drugs. The bill
2 34 requires that such persons complete the "alive at 25" course
2 35 developed by the national safety council or an equivalent
3 1 course approved by the state department of transportation.
3 2 This provision takes effect July 1, 2009.
3 3 LSB 5948HH 82
3 4 dea/nh/5.1