House File 74 - Introduced HOUSE FILE 74 BY HUNTER A BILL FOR An Act relating to hands-free operation of electronic 1 communication devices while driving, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1568YH (2) 89 th/ns

H.F. 74 Section 1. Section 321.276, subsection 1, paragraph b, Code 1 2021, is amended by striking the paragraph and inserting in 2 lieu thereof the following: 3 b. “Fixed unit global positioning system or navigation 4 system” means an electronic device mounted inside of a motor 5 vehicle that is capable of providing navigation directions to a 6 driver based on data entered into the device. 7 Sec. 2. Section 321.276, subsection 1, paragraph c, Code 8 2021, is amended to read as follows: 9 c. “Hand-held electronic communication device” means a mobile 10 telephone or other portable electronic communication device 11 capable of being used to write, send, or view an electronic 12 message. “Hand-held electronic communication device” does not 13 include a voice-operated or hands-free device which allows the 14 user to write, send, or view an electronic message without the 15 use of either hand except to activate or deactivate a feature 16 or function. “Hand-held electronic communication device” does 17 not include a wireless communication device used to transmit or 18 receive data as part of a digital dispatch system. “Hand-held 19 electronic communication device” includes a device which is 20 temporarily mounted inside the motor vehicle , unless the device 21 is a voice-operated or hands-free device . 22 Sec. 3. Section 321.276, subsection 1, Code 2021, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . 0d. “Mobile telephone” means the same as 25 defined in 49 C.F.R. §383.5. 26 Sec. 4. Section 321.276, subsection 2, Code 2021, is amended 27 to read as follows: 28 2. A person shall not use a hand-held electronic 29 communication device to write, send, or view an electronic 30 message while driving a motor vehicle unless the motor vehicle 31 is at a complete stop off the traveled portion of the roadway , 32 or unless the hand-held electronic communication device is 33 specifically designed and configured to allow hands-free 34 operation and is used in that manner while driving . 35 -1- LSB 1568YH (2) 89 th/ns 1/ 3

H.F. 74 a. A person does not violate this section by using a fixed 1 unit global positioning system or navigation system or when, 2 for the purpose of engaging in a call, the person selects 3 or enters a telephone number or name in a hand-held mobile 4 telephone or activates, deactivates, or initiates a function of 5 a hand-held mobile telephone to receive navigation directions, 6 provided the person does not manually enter data into the fixed 7 unit global positioning system or navigation system while 8 operating the motor vehicle . 9 b. The provisions of this subsection relating to writing, 10 sending, or viewing an electronic message the use of a 11 hand-held electronic communication device do not apply to the 12 following persons: 13 (1) A member of a public safety agency, as defined in 14 section 34.1 , performing official duties. 15 (2) A health care professional in the course of an emergency 16 situation. 17 (3) A person receiving safety-related information including 18 emergency, traffic, or weather alerts. 19 Sec. 5. Section 707.6A, subsection 2, paragraph a, 20 unnumbered paragraph 1, Code 2021, is amended to read as 21 follows: 22 Driving a motor vehicle in a reckless manner with willful 23 or wanton disregard for the safety of persons or property, 24 in violation of section 321.277 . For the purposes of 25 this paragraph, a person’s use of a hand-held electronic 26 communication device while driving a motor vehicle in violation 27 of section 321.276 shall be considered prima facie evidence 28 that the person was driving the motor vehicle in a reckless 29 manner with willful or wanton disregard for the safety of 30 persons or property, in violation of section 321.277. 31 Sec. 6. Section 707.6A, subsection 2, paragraph a, 32 subparagraphs (1), (2), and (3), Code 2021, are amended by 33 striking the subparagraphs. 34 Sec. 7. Section 805.8A, subsection 14, paragraph l, Code 35 -2- LSB 1568YH (2) 89 th/ns 2/ 3

H.F. 74 2021, is amended to read as follows: 1 l. Writing, sending, or viewing an Use of hand-held 2 electronic message communication device while driving 3 violations. For violations under section 321.276 , the scheduled 4 fine is forty-five dollars. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill prohibits a person from using a hand-held 9 electronic communication device while driving a motor vehicle 10 unless the motor vehicle is at a complete stop off the traveled 11 portion of the roadway, or unless the hand-held electronic 12 communication device is specifically designed and configured 13 to allow hands-free operation and is used in that manner while 14 driving. 15 The bill provides that a person does not violate Code section 16 321.276 by using a fixed unit global positioning system or 17 navigation system to receive navigation directions, provided 18 the person does not manually enter data into the fixed unit 19 global positioning system or navigation system while operating 20 the vehicle. 21 A violation of Code section 321.276 is punishable by 22 a scheduled fine of $45. The offense is not a moving 23 violation, and therefore cannot be considered for purposes of 24 administrative suspension of a driver’s license or to establish 25 habitual offender status. However, if the violation causes a 26 serious injury, a court could impose an additional fine of $500 27 or suspend the person’s driver’s license for not more than 90 28 days, or both. If the violation causes a death, a court could 29 impose an additional fine of $1,000 or suspend the person’s 30 driver’s license for not more than 180 days, or both. 31 The bill aligns provisions in Code section 707.6A (homicide 32 or serious injury by vehicle) relating to the use of a 33 hand-held electronic communication device to the provisions of 34 Code section 321.276 as amended by the bill. 35 -3- LSB 1568YH (2) 89 th/ns 3/ 3