H.F. 630 Section 1. Section 321.276, Code 2011, is amended to read 1 as follows: 2 321.276 Use of electronic communication device while driving 3 —— text-messaging . 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 or engage in a call . “Hand-held electronic communication 11 device” does not include a voice-operated or hands-free device 12 which allows the user to write, send, or read a text message 13 or engage in a call without the use of either hand except 14 to activate or deactivate a feature or function. “Hand-held 15 electronic communication device” does not include a wireless 16 communication device used to transmit or receive data as 17 part of a digital dispatch system. “Hand-held electronic 18 communication device” includes a device which is temporarily 19 mounted inside the motor vehicle, unless the device is a 20 voice-operated or hands-free device. 21 c. “Text message” includes a text-based message, an instant 22 message, and electronic mail. 23 d. The terms “write” , “send” , and “read” , with respect 24 to a text message, mean the manual entry, transmission, and 25 retrieval of a text message, respectively, to communicate with 26 any other person or device. 27 2. A person shall not use a hand-held electronic 28 communication device to write, send, or read a text message or 29 engage in a call while driving a motor vehicle unless the motor 30 vehicle is at a complete stop off the traveled portion of the 31 roadway. 32 a. A person does not violate this section by using a global 33 positioning system or navigation system or when, for the 34 purpose of engaging in a call, the person selects or enters a 35 -1- LSB 2642YH (3) 84 dea/nh 1/ 4

H.F. 630 telephone number or name in a hand-held mobile telephone or 1 activates, deactivates, or initiates a function of a hand-held 2 mobile telephone . 3 b. The provisions of this subsection relating to reading 4 a text message or engaging in a call do not apply to the 5 following persons: 6 (1) A member of a public safety agency, as defined in 7 section 34.1 , performing official duties. 8 (2) A health care professional in the course of an emergency 9 situation. 10 (3) A person receiving safety-related information including 11 emergency, traffic, or weather alerts. 12 3. Nothing in this section shall be construed to authorize a 13 peace officer to confiscate a portable electronic communication 14 device from the driver or occupant of a motor vehicle. 15 4. a. A person convicted of a violation of this section 16 is guilty of a simple misdemeanor punishable as a scheduled 17 violation under section 805.8A, subsection 14 , paragraph “l” . 18 b. A violation of this section shall not be considered a 19 moving violation for purposes of this chapter or rules adopted 20 pursuant to this chapter . 21 5. a. A peace officer shall not stop or detain a person 22 solely for a suspected violation of this section . This section 23 is enforceable by a peace officer only as a secondary action 24 when the driver of a motor vehicle has been stopped or detained 25 for a suspected violation of another provision of this chapter , 26 a local ordinance equivalent to a provision of this chapter , 27 or other law. 28 b. For the period beginning July 1, 2010, through June 30, 29 2011, peace officers shall issue only warning citations for 30 violations of this section . The department, in cooperation 31 with the department of public safety, shall establish 32 educational programs to foster compliance with the requirements 33 of this section . 34 Sec. 2. Section 805.8A, subsection 14, paragraph l, Code 35 -2- LSB 2642YH (3) 84 dea/nh 2/ 4

H.F. 630 2011, is amended to read as follows: 1 l. Text-messaging Use of electronic communication device 2 while driving violations. For violations under section 321.276, 3 the scheduled fine is thirty dollars. 4 EXPLANATION 5 This bill prohibits a person from using a hand-held 6 electronic device to engage in a call while operating a motor 7 vehicle unless the motor vehicle is at a complete stop off the 8 traveled portion of the roadway. Pursuant to current law, 9 “engage in a call” is defined as talking or listening on a 10 mobile telephone or other portable electronic communication 11 device. “Hand-held electronic communication device” is defined 12 by the bill as a mobile telephone or other portable electronic 13 communication device capable of being used to write, send, 14 or read a text message or engage in a call. The definition 15 excludes voice-operated and hands-free devices and devices 16 used as part of a digital dispatch system. A device which is 17 temporarily mounted inside a vehicle is considered to be a 18 hand-held device unless it is a voice-operated or hands-free 19 device. 20 The bill exempts the following persons from the prohibition 21 on engaging in a call on a hand-held electronic device while 22 driving: a member of a public safety agency performing 23 official duties; a health care professional in the course of 24 an emergency situation; and a person receiving safety-related 25 information including emergency, traffic, or weather alerts. 26 Like the existing prohibition on texting while driving, the 27 prohibition on engaging in a call on a hand-held electronic 28 device is enforceable only as a secondary action when a driver 29 has been stopped or detained for a suspected violation of 30 another law. The bill does not authorize a peace officer to 31 confiscate a portable electronic communication device from a 32 driver or occupant of a motor vehicle. 33 The penalties for engaging in a call on a hand-held 34 electronic device while driving are the same penalties 35 -3- LSB 2642YH (3) 84 dea/nh 3/ 4

H.F. 630 currently applicable for texting while driving. A violation 1 is a simple misdemeanor punishable by a scheduled fine of $30. 2 The offense is not a moving violation, and therefore cannot 3 be considered for purposes of administrative suspension of a 4 driver’s license or to establish habitual offender status. 5 In addition, if a violation causes a serious injury, a court 6 could impose an additional fine of $500 or suspend the person’s 7 driver’s license for not more than 90 days, or both. If the 8 violation causes a death, a court could impose an additional 9 fine of $1,000 or suspend the person’s driver’s license for not 10 more than 180 days, or both. 11 The bill affects motor vehicle operators who are 18 years of 12 age or older and operators who are 17 years of age with a full 13 driver’s license. Under current law, all other motor vehicle 14 operators under 18 years of age are prohibited from using an 15 electronic communication device or an electronic entertainment 16 device while driving. 17 -4- LSB 2642YH (3) 84 dea/nh 4/ 4