H.F. 590 Section 1. Section 321.210, subsection 2, paragraph e, Code 1 2017, is amended by striking the paragraph. 2 Sec. 2. Section 321.276, Code 2017, is amended to read as 3 follows: 4 321.276 Use of electronic communication device while driving 5 —— text-messaging . 6 1. For purposes of this section: 7 a. “Engage in a call” means talking or listening on a mobile 8 telephone or other portable electronic communication device. 9 “Electronic communication device” means an electronic device 10 capable of being used to compose, send, receive, or read an 11 electronic message. “ Electronic communication device” includes 12 but is not limited to telephones, personal digital assistants, 13 and portable or mobile computers, but does not include devices 14 that are physically or electronically integrated into a 15 motor vehicle, including but not limited to integrated global 16 positioning systems and navigation systems. 17 b. “Hand-held electronic communication device” means a mobile 18 telephone or other portable electronic communication device 19 capable of being used to write, send, or read a text message. 20 “Hand-held electronic communication device” does not include a 21 voice-operated or hands-free device which allows the user to 22 write, send, or read a text message without the use of either 23 hand except to activate or deactivate a feature or function. 24 “Hand-held electronic communication device” does not include a 25 wireless communication device used to transmit or receive data 26 as part of a digital dispatch system. “Hand-held electronic 27 communication device” includes a device which is temporarily 28 mounted inside the motor vehicle, unless the device is a 29 voice-operated or hands-free device. “Electronic message” means 30 a self-contained piece of digital communication, whether verbal 31 or written, that is designed or intended to be transmitted 32 between electronic communication devices. “Electronic message” 33 includes but is not limited to telephone calls, video calls, 34 electronic mail, text messages, instant messages, and commands 35 -1- LSB 2062HV (4) 87 ns/nh 1/ 5

H.F. 590 or requests to access an internet site. 1 c. “Text message” includes a text-based message, an instant 2 message, and electronic mail. 3 d. The terms “write” , “send” , and “read” , with respect 4 to a text message, mean the manual entry, transmission, and 5 retrieval of a text message, respectively, to communicate with 6 any other person or device. 7 2. A person shall not use a hand-held an electronic 8 communication device to write, send, or read a text message 9 while driving a motor vehicle unless the motor vehicle is at a 10 complete stop off the traveled portion of the roadway. 11 a. A person does not violate this section by using a global 12 positioning system or navigation system or when, for the 13 purpose of engaging in a call, the person selects or enters a 14 telephone number or name in a hand-held mobile telephone or 15 activates, deactivates, or initiates a function of a hand-held 16 mobile telephone an electronic communication device in a 17 hands-free mode . 18 b. The provisions of this subsection relating to reading a 19 text message the use of an electronic communication device do 20 not apply to the following persons: 21 (1) A member of a public safety agency, as defined in 22 section 34.1 , performing official duties. 23 (2) A health care professional in the course of an emergency 24 situation. 25 (3) A person receiving safety-related information including 26 emergency, traffic, or weather alerts using an electronic 27 communication device for the purpose of reporting an emergency 28 situation, including any continued communication with emergency 29 personnel during the emergency situation . 30 (4) A person using an electronic communication device 31 by pressing a single button to initiate or terminate a voice 32 communication. 33 3. Nothing in this section shall be construed to authorize 34 a peace officer to confiscate a portable an electronic 35 -2- LSB 2062HV (4) 87 ns/nh 2/ 5

H.F. 590 communication device from the driver or occupant of a motor 1 vehicle. 2 4. a. A person convicted of a violation of this section 3 is guilty of a simple misdemeanor punishable as a scheduled 4 violation under section 805.8A, subsection 14 , paragraph 5 “l” . However, a person driving a motor vehicle in violation 6 of this section before July 1, 2018, shall not be convicted 7 of a violation of this section and shall be issued a warning 8 memorandum. 9 b. A violation of this section shall not be considered a 10 moving violation for purposes of this chapter or rules adopted 11 pursuant to this chapter . 12 5. A peace officer shall not stop or detain a person solely 13 for a suspected violation of this section . This section is 14 enforceable by a peace officer only as a secondary action when 15 the driver of a motor vehicle has been stopped or detained for 16 a suspected violation of another provision of this chapter , a 17 local ordinance equivalent to a provision of this chapter , or 18 other law. 19 6. 5. The department, in cooperation with the department of 20 public safety, shall establish educational programs to foster 21 compliance with the requirements of this section . 22 Sec. 3. Section 321.555, subsection 2, Code 2017, is amended 23 to read as follows: 24 2. Six or more of any separate and distinct offenses within 25 a two-year period in the operation of a motor vehicle, which 26 are required to be reported to the department by section 27 321.491 or chapter 321C , except equipment violations, parking 28 violations as defined in section 321.210 , violations of 29 registration laws, violations of sections 321.445 and 321.446 , 30 violations of section 321.276 , operating a vehicle with an 31 expired license or permit, failure to appear, weights and 32 measures violations and speeding violations of less than 33 fifteen miles per hour over the legal speed limit. 34 Sec. 4. Section 805.8A, subsection 14, paragraph l, Code 35 -3- LSB 2062HV (4) 87 ns/nh 3/ 5

H.F. 590 2017, 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 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 Under current law, Code section 321.276 prohibits the 8 use of hand-held electronic communication devices to write, 9 send, or read text messages while driving a motor vehicle. 10 This bill expands that provision to prohibit any use of an 11 electronic communication device while driving. An electronic 12 communication device is a device capable of being used to 13 compose, send, receive, or read an electronic message, and 14 includes telephones, personal digital assistants, and portable 15 or mobile computers, but does not include devices physically 16 or electronically integrated into a vehicle. An electronic 17 message is a self-contained piece of digital communication, 18 whether verbal or written, that is designed or intended to 19 be transmitted between electronic communication devices, and 20 includes telephone calls, video calls, electronic mail, text 21 messages, instant messages, and commands or requests to access 22 an internet site. 23 The bill includes in the prohibition the use of a global 24 positioning system or navigation system on an electronic 25 communication device, and exempts the use of an electronic 26 communication device for the purpose of reporting an emergency 27 situation, or by pressing a single button to initiate or 28 terminate a voice communication. 29 The bill eliminates the provision prohibiting a peace 30 officer from stopping or detaining a person solely for a 31 suspected violation of Code section 321.276, and makes a 32 violation of Code section 321.276 a moving violation. Under 33 current law, a moving violation can be considered for purposes 34 of administrative suspension of a driver’s license or to 35 -4- LSB 2062HV (4) 87 ns/nh 4/ 5

H.F. 590 establish habitual offender status. 1 The bill rewords the applicable scheduled fine provision 2 to comply with the bill. The scheduled fine for a violation 3 of Code section 321.276 remains $30. Under Code section 4 321.482A, if the violation causes a serious injury, a court 5 could impose an additional fine of $500 or suspend the person’s 6 driver’s license for not more than 90 days, or both. If the 7 violation causes a death, a court could impose an additional 8 fine of $1,000 or suspend the person’s driver’s license for not 9 more than 180 days, or both. The bill provides that a person 10 driving a vehicle in violation of the bill before July 1, 2018, 11 shall not be convicted of the violation and shall be issued a 12 warning memorandum. 13 -5- LSB 2062HV (4) 87 ns/nh 5/ 5