Senate File 33 - Introduced SENATE FILE 33 BY JOHNSON A BILL FOR An Act relating to driving while engaged in a distracting 1 activity and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1495XS (3) 85 dea/nh

S.F. 33 Section 1. Section 321.210, subsection 2, paragraph e, Code 1 2013, is amended to read as follows: 2 e. Violations of section 321.276 321.276A . 3 Sec. 2. NEW SECTION . 321.276A Driving while distracted —— 4 penalty. 5 1. a. A person shall not engage in a distracting activity 6 while operating a motor vehicle unless the motor vehicle is at 7 a complete stop off the traveled portion of the roadway. 8 b. For purposes of this section, “distracting activity” 9 means any activity that is not immediately necessary to the 10 operation of the motor vehicle and that impairs, or could 11 reasonably be expected to impair, the person’s ability to drive 12 safely. “Distracting activity” includes but is not limited to 13 the use of a wireless telephone. 14 2. This section does not apply to a member of a public 15 safety agency, as defined in section 34.1, while engaged in the 16 performance of the member’s official duties. 17 3. A person convicted of a violation of this section commits 18 a simple misdemeanor punishable as a scheduled violation under 19 section 805.8A, subsection 6, paragraph “0c” . 20 Sec. 3. Section 321.482A, unnumbered paragraph 1, Code 21 2013, is amended to read as follows: 22 Notwithstanding section 321.482 , a person who is convicted 23 of operating a motor vehicle in violation of section 321.178, 24 subsection 2 , paragraph “a” , subparagraph (2), section 25 321.180B, subsection 6 , section 321.194, subsection 1 , 26 paragraph “c” , section 321.256 , section 321.257 , section 27 321.275, subsection 4 , section 321.276 321.276A , 321.297 , 28 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 29 321.307 , 321.308 , section 321.309, subsection 2 , or section 30 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 321.324 , 31 321.324A , 321.327 , 321.329 , 321.333 , or 321.372, subsection 3 , 32 causing serious injury to or the death of another person may be 33 subject to the following penalties in addition to the penalty 34 provided for a scheduled violation in section 805.8A or any 35 -1- LSB 1495XS (3) 85 dea/nh 1/ 4

S.F. 33 other penalty provided by law: 1 Sec. 4. Section 321.555, subsection 2, Code 2013, is amended 2 to read as follows: 3 2. Six or more of any separate and distinct offenses within 4 a two-year period in the operation of a motor vehicle, which 5 are required to be reported to the department by section 6 321.491 or chapter 321C , except equipment violations, parking 7 violations as defined in section 321.210 , violations of 8 registration laws, violations of sections 321.445 and 321.446 , 9 violations of section 321.276 321.276A , operating a vehicle 10 with an expired license or permit, failure to appear, weights 11 and measures violations and speeding violations of less than 12 fifteen miles per hour over the legal speed limit. 13 Sec. 5. Section 805.8A, subsection 6, Code 2013, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . 0c. Section 321.276A ............... $30. 16 Sec. 6. Section 805.8A, subsection 14, paragraph l, Code 17 2013, is amended by striking the paragraph. 18 Sec. 7. REPEAL. Section 321.276, Code 2013, is repealed. 19 EXPLANATION 20 This bill prohibits a person from engaging in a distracting 21 activity while operating a motor vehicle. 22 The bill repeals Code section 321.276, which prohibits a 23 person from using a hand-held electronic communication device 24 to write, send, or read a text message while driving a motor 25 vehicle. The Code section is only enforceable as a secondary 26 action when a peace officer stops or detains a driver for a 27 suspected violation of another motor vehicle law. A violation 28 is punishable by a scheduled fine of $30, with higher penalties 29 applicable if the violation causes serious injury to or the 30 death of another person. A violation may not be considered by 31 the department of transportation for purposes of suspending 32 a person’s driver’s license or determining a person to be a 33 habitual offender. 34 The bill establishes the broader offense of driving while 35 -2- LSB 1495XS (3) 85 dea/nh 2/ 4

S.F. 33 engaged in a distracting activity, which is defined to mean any 1 activity that is not immediately necessary to the operation 2 of the motor vehicle and that impairs, or could reasonably 3 be expected to impair, the person’s ability to drive safely. 4 The bill specifies that the use of a wireless telephone is a 5 distracting activity. The bill does not apply to a driver 6 when the motor vehicle is at a complete stop off the traveled 7 portion of the roadway, and the bill does not apply to members 8 of public safety agencies while engaged in the performance of 9 official duties. 10 Under the bill, driving while distracted is enforceable as a 11 primary offense, but may not be considered by the department 12 of transportation for purposes of driver’s license suspensions 13 or habitual offender determinations. A person convicted 14 of driving while distracted commits a simple misdemeanor 15 punishable by a scheduled fine of $30. If the violation causes 16 serious injury to another person, the court may impose an 17 additional fine of $500 or suspension of the person’s driver’s 18 license for not more than 90 days, or both. If the violation 19 causes the death of another person, the court may impose an 20 additional fine of $1,000 or suspend the person’s driver’s 21 license for not more than 180 days, or both. 22 Under current law, young drivers who have an instruction 23 permit, an intermediate license, a special minor’s license 24 (school license), or a restricted license to travel to and from 25 work are prohibited from using an electronic communication 26 device or an electronic entertainment device while driving. 27 A violation is not considered a moving violation, but is 28 considered to be a violation of the restrictions of the 29 driver’s license, punishable by license sanctions in addition 30 to a scheduled fine of $50. The bill does not affect this 31 current law relating specifically to the use of electronic 32 devices by young drivers. The new provisions under the bill 33 prohibiting distracted driving would also apply to young 34 drivers. 35 -3- LSB 1495XS (3) 85 dea/nh 3/ 4

S.F. 33 Currently under Code section 321.238, the provisions of Iowa 1 law restricting the use of electronic communication devices or 2 electronic entertainment devices by a motor vehicle operator 3 preempt any county or municipal ordinance relating to such use. 4 The bill does not affect that preemption provision. 5 -4- LSB 1495XS (3) 85 dea/nh 4/ 4