Senate File 407 - Introduced SENATE FILE 407 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1079) A BILL FOR An Act relating to the use of electronic communication devices 1 while driving, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1212SV (2) 87 ns/nh

S.F. 407 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 8 mobile telephone or other portable electronic communication 9 device. “Electronic communication device” means an electronic 10 device capable of being used to compose, send, receive, 11 or read an electronic message. “ Electronic communication 12 device” includes but is not limited to telephones, personal 13 digital assistants, and portable or mobile computers, but does 14 not include devices that are physically or electronically 15 integrated into a motor vehicle, including but not limited to 16 integrated global 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 1212SV (2) 87 ns/nh 1/ 5

S.F. 407 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 1212SV (2) 87 ns/nh 2/ 5

S.F. 407 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 “l” . 5 b. A violation of this section shall not be considered a 6 moving violation for purposes of this chapter or rules adopted 7 pursuant to this chapter . 8 5. A peace officer shall not stop or detain a person solely 9 for a suspected violation of this section . This section is 10 enforceable by a peace officer only as a secondary action when 11 the driver of a motor vehicle has been stopped or detained for 12 a suspected violation of another provision of this chapter , a 13 local ordinance equivalent to a provision of this chapter , or 14 other law. 15 6. 5. The department, in cooperation with the department of 16 public safety, shall establish educational programs to foster 17 compliance with the requirements of this section . 18 Sec. 3. Section 321.555, subsection 2, Code 2017, is amended 19 to read as follows: 20 2. Six or more of any separate and distinct offenses within 21 a two-year period in the operation of a motor vehicle, which 22 are required to be reported to the department by section 23 321.491 or chapter 321C , except equipment violations, parking 24 violations as defined in section 321.210 , violations of 25 registration laws, violations of sections 321.445 and 321.446 , 26 violations of section 321.276 , operating a vehicle with an 27 expired license or permit, failure to appear, weights and 28 measures violations and speeding violations of less than 29 fifteen miles per hour over the legal speed limit. 30 Sec. 4. Section 805.8A, subsection 14, paragraph l, Code 31 2017, is amended to read as follows: 32 l. Text-messaging Use of electronic communication device 33 while driving violations. For violations under section 321.276 , 34 the scheduled fine is thirty dollars. 35 -3- LSB 1212SV (2) 87 ns/nh 3/ 5

S.F. 407 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 Under current law, Code section 321.276 prohibits the 4 use of hand-held electronic communication devices to write, 5 send, or read text messages while driving a motor vehicle. 6 This bill expands that provision to prohibit any use of an 7 electronic communication device while driving. An electronic 8 communication device is a device capable of being used to 9 compose, send, receive, or read an electronic message, and 10 includes telephones, personal digital assistants, and portable 11 or mobile computers, but does not include devices that are 12 integrated into the vehicle. An electronic message is a 13 self-contained piece of digital communication, whether verbal 14 or written, that is designed or intended to be transmitted 15 between electronic communication devices, and includes 16 telephone calls, video calls, electronic mail, text messages, 17 instant messages, and commands or requests to access an 18 internet site. 19 The bill includes in the prohibition the use of a global 20 positioning system or navigation system on an electronic 21 communication device, and exempts the use of an electronic 22 communication device for the purpose of reporting an emergency 23 situation, or by pressing a single button to initiate or 24 terminate a voice communication. 25 The bill eliminates the provision prohibiting a peace 26 officer from stopping or detaining a person solely for a 27 suspected violation of Code section 321.276, and makes a 28 violation of Code section 321.276 a moving violation. Under 29 current law, a moving violation can be considered for purposes 30 of administrative suspension of a driver’s license or to 31 establish habitual offender status. 32 The bill rewords the applicable scheduled fine provision to 33 comply with the bill. The scheduled fine for a violation of 34 Code section 321.276 remains $30. Under Code section 321.482A, 35 -4- LSB 1212SV (2) 87 ns/nh 4/ 5

S.F. 407 if the violation causes a serious injury, a court could impose 1 an additional fine of $500 or suspend the person’s driver’s 2 license for not more than 90 days, or both. If the violation 3 causes a death, a court could impose an additional fine of 4 $1,000 or suspend the person’s driver’s license for not more 5 than 180 days, or both. 6 -5- LSB 1212SV (2) 87 ns/nh 5/ 5