H.F. 2074 Section 1. NEW SECTION . 321.276 Use of wireless 1 telecommunications devices. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Engage in a call” means talking or listening on a 5 wireless telecommunications device. 6 b. “Hands-free wireless telephone” means a wireless 7 telecommunications device that has an internal feature or 8 function, or that is equipped with an attachment or addition, 9 whether or not permanently part of the telephone, by which a 10 user engages in a conversation without the use of either hand, 11 provided that this definition does not preclude the use of 12 either hand to activate, deactivate, or initiate a function of 13 the hands-free wireless telephone. 14 c. “Wireless telecommunications device” means a cellular 15 telephone, a text-messaging device, a personal digital 16 assistant, a stand-alone computer, or any other substantially 17 similar wireless device that is readily removable from 18 a motor vehicle and is designed to receive and transmit 19 voice communication or is capable of being used to write, 20 send, or read text or data through manual input. “Wireless 21 telecommunications device” does not include a citizens band 22 radio, a citizens band radio hybrid, a commercial two-way 23 radio communication device, an electronic communication device 24 with a push-to-talk function, or a device or component that is 25 permanently affixed to a motor vehicle. 26 d. “Write, send, or read a text-based communication” 27 means using a wireless telecommunications device to manually 28 communicate with any person by using a text-based communication 29 referred to as a text message, an instant message, or 30 electronic mail. 31 2. Except as provided in subsection 4, a person shall not 32 operate a motor vehicle on a highway while using a wireless 33 telecommunications device to engage in a call unless the 34 wireless telecommunications device is a hands-free wireless 35 -1- LSB 5178HH (12) 83 dea/nh 1/ 5

H.F. 2074 telephone. 1 3. Except as provided in subsection 4, a person shall not 2 operate a motor vehicle on a highway while using a wireless 3 telecommunications device to write, send, or read a text-based 4 communication. For purposes of this subsection, a person is 5 not deemed to be writing, reading, or sending a text-based 6 communication if the person reads, selects, or enters a 7 telephone number or name in a hands-free wireless telephone for 8 the purpose of making a telephone call. 9 4. This section does not apply to the following: 10 a. A law enforcement officer, a firefighter, or the operator 11 of an authorized emergency vehicle while engaged in the 12 performance of the person’s official duties. 13 b. The operator of a motor vehicle using a wireless 14 telecommunications device for any of the following purposes: 15 (1) To contact a public safety agency to report a motor 16 vehicle accident, a medical emergency, illegal activity, or a 17 serious road hazard. 18 (2) To report a situation in which the person believes the 19 person’s safety is in jeopardy. 20 (3) To prevent injury to a person or property. 21 (4) To navigate using a global positioning system. 22 c. A physician or other health care provider using a 23 wireless telecommunications device to communicate with a 24 hospital, health clinic, or the office of the physician or 25 health care provider, or to otherwise provide for the health 26 care of an individual or respond to a medical emergency. 27 d. The operator of a motor vehicle using a wireless 28 telecommunications device when the motor vehicle is lawfully 29 parked. 30 5. a. A peace officer shall not stop a motor vehicle solely 31 for the purpose of enforcing this section. A peace officer 32 who detains a motor vehicle operator for an alleged violation 33 of another section of this chapter may issue a citation to 34 the motor vehicle operator for a violation of this section. 35 -2- LSB 5178HH (12) 83 dea/nh 2/ 5

H.F. 2074 However, during the period beginning July 1, 2010, and ending 1 December 31, 2010, peace officers shall issue only warning 2 citations for violations of this section. 3 b. A peace officer investigating an accident as provided in 4 section 321.266 shall indicate on the accident report form if 5 a motor vehicle operator involved in the accident was using a 6 wireless telecommunications device at the time of the accident. 7 6. A person who is convicted of a violation of this section 8 is guilty of a simple misdemeanor punishable as a scheduled 9 violation under section 805.8A, subsection 6, paragraph “e” . 10 Sec. 2. Section 805.8A, subsection 6, Code Supplement 2009, 11 is amended by adding the following new paragraph: 12 NEW PARAGRAPH . e. For a violation of section 321.276 by a 13 motor vehicle operator, the scheduled fine is as follows: 14 (1) If the violation is a first offense, the scheduled fine 15 is one hundred seventy-five dollars. 16 (2) If the violation is a second or subsequent violation of 17 the same section, the scheduled fine is five hundred dollars. 18 (3) If the operator of the motor vehicle was involved in 19 a traffic accident at the time the violation occurred, the 20 scheduled fine is double the amount in subparagraph (1) or (2), 21 as applicable. 22 Sec. 3. ACCIDENT REPORTS —— STATISTICAL DATA. The 23 department of transportation shall collect and compile 24 ongoing statistical information on the number of motor vehicle 25 accidents which occur in this state involving the use of a 26 wireless telecommunications device to engage in a call or 27 write, send, or read a text message. 28 EXPLANATION 29 This bill addresses the use of a wireless telecommunications 30 device by a person operating a motor vehicle. 31 The bill prohibits a driver from using a wireless 32 telecommunications device to engage in a call unless the device 33 is a hands-free wireless telephone. The bill also prohibits a 34 person from operating a motor vehicle while using a wireless 35 -3- LSB 5178HH (12) 83 dea/nh 3/ 5

H.F. 2074 telecommunications device to write, send, or read a text-based 1 communication. The act of reading, selecting, or entering a 2 telephone number or name in a hands-free wireless telephone for 3 the purpose of making a telephone call does not constitute a 4 violation. 5 The bill defines “wireless communications device” as a 6 cellular telephone, text-messaging device, personal digital 7 assistant, stand-alone computer, or any other substantially 8 similar wireless device that is readily removable from 9 the vehicle and is designed to receive and transmit voice 10 communication or is capable of being used to write, send, 11 or read text or data through manual input. The definition 12 excludes a citizens band radio, a citizens band radio hybrid, 13 a commercial two-way radio, an electronic device with a 14 push-to-talk function, and any device or component that 15 is permanently affixed to a motor vehicle. “Write, send, 16 or read a text-based communication” means using a wireless 17 telecommunications device to manually communicate with any 18 person by using a text-based communication referred to as a 19 text message, an instant message, or electronic mail. 20 “Engage in a call” is defined to mean talking or listening 21 on a wireless telecommunications device. “Hands-free wireless 22 telephone” means a wireless telecommunications device that 23 has an internal feature or function, or that is equipped 24 with an attachment or addition, by which a user engages in a 25 conversation without the use of either hand. However, the bill 26 specifies that the use of either hand to activate, deactivate, 27 or initiate a function of the hands-free wireless telephone is 28 not a violation of the bill. 29 The bill does not apply to law enforcement officers, 30 firefighters, and authorized emergency vehicle operators 31 engaged in official duties; to a motor vehicle operator using a 32 wireless telecommunications device to contact a public safety 33 agency to report a motor vehicle accident, a medical emergency, 34 illegal activity, a serious road hazard, or a situation in 35 -4- LSB 5178HH (12) 83 dea/nh 4/ 5

H.F. 2074 which the person believes the person’s safety is in jeopardy 1 or to prevent injury to a person or property; or to health care 2 providers communicating with a hospital, clinic, or the health 3 care provider’s office. The bill does not apply to the use of 4 a global positioning system, and the bill does not apply to a 5 driver when the motor vehicle is lawfully parked. 6 The bill provides for secondary enforcement of the 7 text-messaging ban and the ban on the use of a hand-held 8 wireless telephone to engage in a call. A peace officer may 9 not stop a motor vehicle solely to enforce either provision, 10 but may issue a citation for a violation in conjunction with 11 a traffic stop for an alleged violation of another motor 12 vehicle law. However, during the six-month period from July 13 1, 2010, through December 31, 2010, only warning citations may 14 be issued for a violation. The bill requires a peace officer 15 investigating a traffic accident to indicate on the accident 16 report form if a driver involved in the accident was using a 17 wireless telecommunications device at the time of the accident. 18 A person who commits a violation of the bill commits a 19 simple misdemeanor punishable by a scheduled fine of $175 for 20 a first offense, and $500 for a second or subsequent offense. 21 If the violation occurred in conjunction with a motor vehicle 22 accident, the fine is doubled. 23 The bill requires the department of transportation to 24 collect and compile statistical data relating to motor vehicle 25 accidents involving the use of a cellular telephone or other 26 wireless telecommunications device. 27 -5- LSB 5178HH (12) 83 dea/nh 5/ 5