House File 2349 - Introduced HOUSE FILE BY ABDUL=SAMAD Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the use of certain wireless communication 2 devices by motor vehicle operators and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6038HH 82 5 dea/nh/5 PAG LIN 1 1 Section 1. NEW SECTION. 321.363A USE OF WIRELESS 1 2 COMMUNICATION DEVICES RESTRICTED. 1 3 1. A person shall not operate or use a cellular telephone 1 4 or other wireless communication device while operating a motor 1 5 vehicle on a highway unless the person uses a headset or 1 6 hands=free adapter to operate or use the telephone or 1 7 communication device. 1 8 2. This section does not apply to the use of a handheld 1 9 cellular telephone or other handheld wireless communication 1 10 device to call 911 or to contact law enforcement authorities 1 11 or an emergency response agency in an emergency situation. 1 12 3. This section does not apply when the motor vehicle is 1 13 at a complete stop off the roadway. 1 14 4. A person who violates this section commits a simple 1 15 misdemeanor, punishable as a scheduled violation under section 1 16 805.8A, subsection 6, paragraph "e". 1 17 Sec. 2. Section 805.8A, subsection 6, Code 2007, is 1 18 amended by adding the following new paragraph: 1 19 NEW PARAGRAPH. e. For violations under section 321.363A, 1 20 the scheduled fines are as follows: 1 21 (1) If the violation is a first offense, the scheduled 1 22 fine is twenty=five dollars. 1 23 (2) If the violation is a second or subsequent offense 1 24 committed within one year of the first offense, the scheduled 1 25 fine is fifty dollars. 1 26 EXPLANATION 1 27 This bill prohibits the driver of a motor vehicle from 1 28 operating or using a cellular telephone or other wireless 1 29 communication device without using a headset or hands=free 1 30 adapter while operating a motor vehicle on a highway. An 1 31 exception is allowed for emergency situations when the use of 1 32 a handheld phone or device is to call 911 or contact law 1 33 enforcement authorities or an emergency response agency. In 1 34 addition, the bill does not prohibit a driver from using any 1 35 cellular telephone or other wireless communication device when 2 1 the motor vehicle is at a complete stop off the roadway. 2 2 The bill establishes a scheduled fine of $25 as the penalty 2 3 for a violation. However, if the person commits a second or 2 4 subsequent violation within one year, the scheduled fine is 2 5 $50. 2 6 LSB 6038HH 82 2 7 dea/nh/5.1