H.F. 25 Section 1. Section 321.1, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 39. “Mobile telephone” means mobile 3 telephone as defined in 49 C.F.R. §383.5. 4 Sec. 2. Section 321.210, subsection 2, paragraph e, Code 5 2015, is amended to read as follows: 6 e. Violations of section sections 321.276 and 321.276A . 7 Sec. 3. Section 321.276, subsection 1, paragraph a, Code 8 2015, is amended by striking the paragraph and inserting in 9 lieu thereof the following: 10 a. “Fixed unit global positioning system or navigation 11 system” means an electronic device that is mounted inside a 12 motor vehicle and is capable of providing navigation directions 13 to a driver based on data entered into the device. 14 Sec. 4. Section 321.276, subsection 2, paragraph a, Code 15 2015, is amended to read as follows: 16 a. A person does not violate this section by using a fixed 17 unit global positioning system or navigation system or when, 18 for the purpose of engaging in a call, the person selects 19 or enters a telephone number or name in a hand-held mobile 20 telephone or activates, deactivates, or initiates a function of 21 a hand-held mobile telephone to receive navigation directions, 22 provided that the person does not manually enter data into the 23 fixed unit global positioning system or navigation system while 24 operating the motor vehicle . 25 Sec. 5. NEW SECTION . 321.276A Use of mobile telephone while 26 driving. 27 1. A person shall not drive a motor vehicle while using a 28 mobile telephone unless the mobile telephone is specifically 29 designed and configured to allow hands-free listening and 30 talking and is used in that manner while driving. 31 2. This section does not apply to the following persons: 32 a. A member of a public safety agency, as defined in section 33 34.1, performing official duties. 34 b. A health care professional in the course of an emergency 35 -1- LSB 1233YH (3) 86 ns/nh 1/ 4

H.F. 25 situation. 1 c. A person receiving safety-related information including 2 emergency, traffic, or weather alerts. 3 d. The driver of a motor vehicle when the motor vehicle is 4 at a complete stop off the traveled portion of the roadway. 5 3. Nothing in this section shall be construed to authorize a 6 peace officer to confiscate a mobile telephone from the driver 7 or occupant of a motor vehicle. 8 4. a. A person convicted of a violation of this section 9 is guilty of a simple misdemeanor punishable as a scheduled 10 violation under section 805.8A, subsection 14, paragraph “m” . 11 b. A violation of this section shall not be considered a 12 moving violation for purposes of this chapter or rules adopted 13 pursuant to this chapter. 14 Sec. 6. Section 321.482A, unnumbered paragraph 1, Code 15 2015, is amended to read as follows: 16 Notwithstanding section 321.482 , a person who is convicted 17 of operating a motor vehicle in violation of section 321.178, 18 subsection 2 , paragraph “a” , subparagraph (2), section 19 321.180B, subsection 6 , section 321.194, subsection 1 , 20 paragraph “d” , section 321.256 , section 321.257 , section 21 321.275, subsection 4 , section 321.276, 321.276A, 321.297 , 22 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 23 321.307 , 321.308 , section 321.309, subsection 2 , or section 24 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 321.324 , 25 321.324A , 321.327 , 321.329 , 321.333 , or 321.372, subsection 3 , 26 causing serious injury to or the death of another person may be 27 subject to the following penalties in addition to the penalty 28 provided for a scheduled violation in section 805.8A or any 29 other penalty provided by law: 30 Sec. 7. Section 321.555, subsection 2, Code 2015, is amended 31 to read as follows: 32 2. Six or more of any separate and distinct offenses within 33 a two-year period in the operation of a motor vehicle, which 34 are required to be reported to the department by section 35 -2- LSB 1233YH (3) 86 ns/nh 2/ 4

H.F. 25 321.491 or chapter 321C , except equipment violations, parking 1 violations as defined in section 321.210 , violations of 2 registration laws, violations of sections 321.445 and 321.446 , 3 violations of section sections 321.276 and 321.276A , operating 4 a vehicle with an expired license or permit, failure to appear, 5 weights and measures violations and speeding violations of less 6 than fifteen miles per hour over the legal speed limit. 7 Sec. 8. Section 805.8A, subsection 14, Code 2015, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . m. Mobile telephone violations. For 10 violations under section 321.276A, the scheduled fine is thirty 11 dollars. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill prohibits a person from driving a motor vehicle 16 while using a mobile telephone unless the mobile telephone 17 is specifically designed and configured to allow hands-free 18 listening and talking and is used in that manner. The bill 19 does not apply to the driver of a motor vehicle when the motor 20 vehicle is at a complete stop off the roadway. In addition, 21 the bill exempts the following persons from the prohibition: a 22 member of a public safety agency performing official duties; 23 a health care professional in the course of an emergency 24 situation; and a person receiving safety-related information 25 including emergency, traffic, or weather alerts. These are the 26 same exemptions that currently apply under Iowa law prohibiting 27 text-messaging while driving. 28 The bill defines “mobile telephone” to mean the same 29 as defined in federal motor carrier safety administration 30 regulations. Under that definition, “mobile telephone” means 31 a mobile communication device that falls under or uses any 32 commercial mobile radio service, as defined in regulations of 33 the federal communications commission. The federal definition 34 explicitly excludes two-way or citizens band radio services. 35 -3- LSB 1233YH (3) 86 ns/nh 3/ 4

H.F. 25 The bill amends current provisions prohibiting 1 text-messaging while driving to specify that a person does 2 not violate the text-messaging provisions by using a fixed 3 unit global positioning system or navigation system, provided 4 the person did not enter data into the system while operating 5 the motor vehicle. “Fixed unit global positioning system or 6 navigation system” is defined as an electronic device mounted 7 inside a motor vehicle and capable of providing navigation 8 directions to a driver based on data entered into the device. 9 The bill also strikes a current exception to the prohibition 10 on text-messaging while driving which applies to a person 11 selecting or entering a telephone number or name in a hand-held 12 mobile telephone or activating, deactivating, or initiating a 13 function of a hand-held mobile telephone. 14 The penalties established in the bill mirror the penalties 15 currently applicable for text-messaging while driving. A 16 person who uses a mobile telephone while driving in violation 17 of the bill commits a simple misdemeanor punishable by 18 a scheduled fine of $30. The offense is not a moving 19 violation, and therefore cannot be considered for purposes of 20 administrative suspension of a driver’s license or to establish 21 habitual offender status. However, if the violation causes a 22 serious injury, a court could impose an additional fine of $500 23 or suspend the person’s driver’s license for not more than 90 24 days, or both. If the violation causes a death, a court could 25 impose an additional fine of $1,000 or suspend the person’s 26 driver’s license for not more than 180 days, or both. 27 The bill does not authorize a peace officer to confiscate a 28 mobile telephone from a driver or occupant of a motor vehicle. 29 However, a peace officer may stop or detain a driver solely for 30 using a hand-held mobile telephone while driving. 31 -4- LSB 1233YH (3) 86 ns/nh 4/ 4