Senate File 190 - Introduced





                                       SENATE FILE       
                                       BY  BOLKCOM


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

                                      A BILL FOR

  1 An Act prohibiting the use of handheld cellular telephones and
  2    other wireless communication devices by motor vehicle
  3    operators and providing a penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2340SS 83
  6 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 street or highway unless the person uses a
  1  6 headset or hands=free adapter to operate or use the telephone
  1  7 or communication device.
  1  8    a.  This subsection 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    b.  This subsection does not apply when the motor vehicle
  1 13 is at a complete stop off the roadway.
  1 14    c.  This subsection does not apply to the use of an amateur
  1 15 radio by a federally licensed amateur radio operator.
  1 16    2.  A person who violates subsection 1 commits a simple
  1 17 misdemeanor, punishable as a scheduled violation under section
  1 18 805.8A, subsection 6, paragraph "e".
  1 19    Sec. 2.  Section 805.8A, subsection 6, Code 2009, is
  1 20 amended by adding the following new paragraph:
  1 21    NEW PARAGRAPH.  e.  For violations under section 321.363A,
  1 22 the scheduled fine is thirty dollars.
  1 23                           EXPLANATION
  1 24    This bill prohibits the driver of a motor vehicle from
  1 25 operating or using a cellular telephone or other wireless
  1 26 communication device without using a headset or hands=free
  1 27 adapter while operating a motor vehicle on a street or
  1 28 highway.  An exception is allowed for emergency situations
  1 29 when the use of a handheld phone or device is to call 911 or
  1 30 contact law enforcement authorities or an emergency response
  1 31 agency.  In addition, federally licensed amateur radio
  1 32 operators are exempt when operating an amateur radio.  The
  1 33 bill does not prohibit a driver from using any cellular
  1 34 telephone or other wireless communication device when the
  1 35 motor vehicle is at a complete stop off the roadway.
  2  1    The bill establishes a scheduled fine of $30 as the penalty
  2  2 for a violation.
  2  3 LSB 2340SS 83
  2  4 dea/nh/5