HF 2456 (LSB 5292HV (6) 83)

HOUSE FILE 2456

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HF 2021)

(COMPANION TO LSB 5533SV BY COMMITTEE ON TRANSPORTATION)

A BILL FOR

An Act prohibiting a person from writing or sending a text message while driving a motor vehicle and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.210, subsection 2, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Violations of section 321.276.
    Sec. 2.  NEW SECTION.  321.276  Text-messaging while driving.
   1.  For purposes of this section:
   a.  “Engage in a call” means talking or listening on a mobile telephone or other portable electronic communication device.
   b.  “Hand-held electronic communication device” means a mobile telephone or other portable electronic communication device capable of being used to write, send, or read a text message. “Hand-held electronic communication device” does not include a voice-operated or hands-free device which allows the user to write, send, or read a text message without the use of either hand except to activate or deactivate a feature or function. “Hand-held electronic communication device” includes a device which is temporarily mounted inside the motor vehicle, unless the device is a voice-operated or hands-free device.
   c.  “Text message” includes a text-based message, an instant message, and electronic mail.
   d.  The terms “write”, “send”, and “read”, with respect to a text message, mean the manual entry, transmission, and retrieval of a text message, respectively, to communicate with any other person or device.
   2.  A person shall not use a hand-held electronic communication device to write or send a text message while driving a motor vehicle unless the motor vehicle is at a complete stop off the roadway. A person is not writing or sending a text message when using a global positioning system or navigation system or when, for the purpose of engaging in a call, the person selects or enters a telephone number or name in a hand-held mobile telephone or activates, deactivates, or initiates a function of a hand-held mobile telephone.
   3.  The provisions of this section shall be implemented uniformly throughout the state. The provisions of this section shall preempt any local county or municipal ordinance regarding the use of an electronic communication device by a motor vehicle operator to write, send, or read a text message. In addition, a county or municipality shall not adopt or continue in effect an ordinance regarding the use of an electronic communication device by a motor vehicle operator to write, send, or read a text message.
   4.  Nothing in this section shall be construed to authorize a peace officer to confiscate a portable electronic communication device from the driver or occupant of a motor vehicle.
   5.  a.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “k”.
   b.  A violation of this section shall not be considered a moving violation for purposes of this chapter or rules adopted pursuant to this chapter.
   6.  For the period beginning July 1, 2010, through June 30, 2011, peace officers shall issue only warning citations for violations of this section. The department, in cooperation with the department of public safety, shall establish educational programs to foster compliance with the requirements of this section.
    Sec. 3.  Section 321.482A, unnumbered paragraph 1, Code 2009, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.275, subsection 4, section 321.276, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307, 321.308, section 321.309, subsection 2, or section 321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324, 321.324A, 321.327, 321.329, or 321.333 causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
    Sec. 4.  Section 321.555, subsection 2, Code 2009, is amended to read as follows:
   2.  Six or more of any separate and distinct offenses within a two-year period in the operation of a motor vehicle, which are required to be reported to the department by section 321.491 or chapter 321C, except equipment violations, parking violations as defined in section 321.210, violations of registration laws, violations of sections 321.445 and 321.446, violations of section 321.276, operating a vehicle with an expired license or permit, failure to appear, weights and measures violations and speeding violations of less than fifteen miles per hour over the legal speed limit.
    Sec. 5.  Section 805.8A, subsection 14, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  k.  Text-messaging while driving violations.  For violations under section 321.276, the scheduled fine is thirty dollars.
EXPLANATION
   This bill prohibits a person from using a hand-held electronic communication device to write or send a text message while driving a motor vehicle, unless the motor vehicle is at a complete stop off the roadway.
   The bill defines “text message” to include a text-based message, an instant message, and electronic mail. “Hand-held electronic communication device” means a mobile telephone or other portable electronic communication device capable of being used to write, send, or read a text message. The definition excludes a voice-operated or hands-free device.
   The use of a hand-held mobile telephone to engage in a call is not considered text messaging, nor is the use of a global positioning system or navigation system.
   The provisions of the bill are to be implemented uniformly throughout the state and shall preempt any local county or municipal ordinance relating to the use of an electronic communication device to write, send, or read a text message. The bill prohibits a county or municipality from adopting such an ordinance or continuing such an ordinance currently in effect.
   The bill does not authorize a peace officer to confiscate a portable electronic communication device from a driver or occupant of a motor vehicle.
   A person who violates the bill commits a simple misdemeanor punishable by a scheduled fine of $30. The offense is not a moving violation, and therefore cannot be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status. However, if the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.
   The bill takes effect July 1, 2010, but for the first year, peace officers are only allowed to issue warning citations. The department of transportation and the department of public safety will engage in a public education effort to foster compliance with the text-messaging ban.