S.F. 2321 Section 1. Section 321.210, subsection 2, Code 2009, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. Violations of section 321.276. 3 Sec. 2. NEW SECTION . 321.276 Text-messaging while driving. 4 1. For purposes of this section: 5 a. “Engage in a call” means talking or listening on a mobile 6 telephone or other portable electronic communication device. 7 b. “Hand-held electronic communication device” means a mobile 8 telephone or other portable electronic communication device 9 capable of being used to write, send, or read a text message. 10 “Hand-held electronic communication device” does not include a 11 voice-operated or hands-free device which allows the user to 12 write, send, or read a text message without the use of either 13 hand except to activate or deactivate a feature or function. 14 “Hand-held electronic communication device” includes a device 15 which is temporarily mounted inside the motor vehicle, unless 16 the device is a voice-operated or hands-free device. 17 c. “Text message” includes a text-based message, an instant 18 message, and electronic mail. 19 d. The terms “write” , “send” , and “read” , with respect 20 to a text message, mean the manual entry, transmission, and 21 retrieval of a text message, respectively, to communicate with 22 any other person or device. 23 2. A person shall not use a hand-held electronic 24 communication device to write or send a text message while 25 driving a motor vehicle unless the motor vehicle is at a 26 complete stop off the roadway. A person is not writing or 27 sending a text message when using a global positioning system 28 or navigation system or when, for the purpose of engaging in a 29 call, the person selects or enters a telephone number or name 30 in a hand-held mobile telephone or activates, deactivates, or 31 initiates a function of a hand-held mobile telephone. 32 3. The provisions of this section shall be implemented 33 uniformly throughout the state. The provisions of this section 34 shall preempt any local county or municipal ordinance regarding 35 -1- LSB 5533SV (2) 83 dea/nh 1/ 4

S.F. 2321 the use of an electronic communication device by a motor 1 vehicle operator to write, send, or read a text message. In 2 addition, a county or municipality shall not adopt or continue 3 in effect an ordinance regarding the use of an electronic 4 communication device by a motor vehicle operator to write, 5 send, or read a text message. 6 4. Nothing in this section shall be construed to authorize a 7 peace officer to confiscate a portable electronic communication 8 device from the driver or occupant of a motor vehicle. 9 5. a. A person convicted of a violation of this section 10 is guilty of a simple misdemeanor punishable as a scheduled 11 violation under section 805.8A, subsection 14, paragraph “k” . 12 b. A violation of this section shall not be considered a 13 moving violation for purposes of this chapter or rules adopted 14 pursuant to this chapter. 15 6. For the period beginning July 1, 2010, through June 30, 16 2011, peace officers shall issue only warning citations for 17 violations of this section. The department, in cooperation 18 with the department of public safety, shall establish 19 educational programs to foster compliance with the requirements 20 of this section. 21 Sec. 3. Section 321.482A, unnumbered paragraph 1, Code 22 2009, is amended to read as follows: 23 Notwithstanding section 321.482, a person who is convicted 24 of operating a motor vehicle in violation of section 321.275, 25 subsection 4, section 321.276, 321.297, 321.298, 321.299, 26 321.302, 321.303, 321.304, 321.305, 321.306, 321.307, 321.308, 27 section 321.309, subsection 2, or section 321.311, 321.319, 28 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324, 29 321.324A, 321.327, 321.329, or 321.333 causing serious injury 30 to or the death of another person may be subject to the 31 following penalties in addition to the penalty provided for 32 a scheduled violation in section 805.8A or any other penalty 33 provided by law: 34 Sec. 4. Section 321.555, subsection 2, Code 2009, is amended 35 -2- LSB 5533SV (2) 83 dea/nh 2/ 4

S.F. 2321 to read as follows: 1 2. Six or more of any separate and distinct offenses within 2 a two-year period in the operation of a motor vehicle, which 3 are required to be reported to the department by section 4 321.491 or chapter 321C, except equipment violations, parking 5 violations as defined in section 321.210, violations of 6 registration laws, violations of sections 321.445 and 321.446, 7 violations of section 321.276, operating a vehicle with an 8 expired license or permit, failure to appear, weights and 9 measures violations and speeding violations of less than 10 fifteen miles per hour over the legal speed limit. 11 Sec. 5. Section 805.8A, subsection 14, Code Supplement 12 2009, is amended by adding the following new paragraph: 13 NEW PARAGRAPH . k. Text-messaging while driving 14 violations. For violations under section 321.276, the scheduled 15 fine is thirty dollars. 16 EXPLANATION 17 This bill prohibits a person from using a hand-held 18 electronic communication device to write or send a text message 19 while driving a motor vehicle, unless the motor vehicle is at a 20 complete stop off the roadway. 21 The bill defines “text message” to include a text-based 22 message, an instant message, and electronic mail. “Hand-held 23 electronic communication device” means a mobile telephone or 24 other portable electronic communication device capable of being 25 used to write, send, or read a text message. The definition 26 excludes a voice-operated or hands-free device. 27 The use of a hand-held mobile telephone to engage in a call 28 is not considered text messaging, nor is the use of a global 29 positioning system or navigation system. 30 The provisions of the bill are to be implemented uniformly 31 throughout the state and shall preempt any local county or 32 municipal ordinance relating to the use of an electronic 33 communication device to write, send, or read a text message. 34 The bill prohibits a county or municipality from adopting such 35 -3- LSB 5533SV (2) 83 dea/nh 3/ 4

S.F. 2321 an ordinance or continuing such an ordinance currently in 1 effect. 2 The bill does not authorize a peace officer to confiscate 3 a portable electronic communication device from a driver or 4 occupant of a motor vehicle. 5 A person who violates the bill commits a simple misdemeanor 6 punishable by a scheduled fine of $30. The offense is not 7 a moving violation, and therefore cannot be considered for 8 purposes of administrative suspension of a driver’s license 9 or to establish habitual offender status. However, if the 10 violation causes a serious injury, a court could impose an 11 additional fine of $500 or suspend the person’s driver’s 12 license for not more than 90 days, or both. If the violation 13 causes a death, a court could impose an additional fine of 14 $1,000 or suspend the person’s driver’s license for not more 15 than 180 days, or both. 16 The bill takes effect July 1, 2010, but for the first year, 17 peace officers are only allowed to issue warning citations. 18 The department of transportation and the department of public 19 safety will engage in a public education effort to foster 20 compliance with the text-messaging ban. 21 -4- LSB 5533SV (2) 83 dea/nh 4/ 4