House Study Bill 561 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST) A BILL FOR An Act prohibiting the use of a hand-held electronic 1 communication device while driving in a road work zone or 2 school zone, providing penalties, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5485YC (4) 89 th/ns

H.F. _____ Section 1. Section 321.210, subsection 2, paragraph e, Code 1 2022, is amended to read as follows: 2 e. Violations of section 321.276 , subsection 2 . 3 Sec. 2. Section 321.276, subsection 2, paragraph a, Code 4 2022, is amended to read as follows: 5 a. A person does not violate this section subsection by 6 using a global positioning system or navigation system or when, 7 for the purpose of engaging in a call, the person selects 8 or enters a telephone number or name in a hand-held mobile 9 telephone or activates, deactivates, or initiates a function of 10 a hand-held mobile telephone. 11 Sec. 3. Section 321.276, Code 2022, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 2A. A person shall not use a hand-held 14 electronic communication device for any purpose while driving 15 a motor vehicle in a road work zone or in a school zone 16 established pursuant to section 321.249. 17 Sec. 4. Section 321.276, subsection 4, paragraph b, Code 18 2022, is amended to read as follows: 19 b. A violation of this section subsection 2 shall not be 20 considered a moving violation for purposes of this chapter 21 or rules adopted pursuant to this chapter . A violation of 22 subsection 2A shall be considered a moving violation for 23 purposes of this chapter or rules adopted pursuant to this 24 chapter. 25 Sec. 5. Section 321.555, subsection 2, Code 2022, is amended 26 to read as follows: 27 2. Six or more of any separate and distinct offenses within 28 a two-year period in the operation of a motor vehicle, which 29 are required to be reported to the department by section 30 321.491 or chapter 321C , except equipment violations, parking 31 violations as defined in section 321.210 , violations of 32 registration laws, violations of sections 321.445 and 321.446 , 33 violations of section 321.276 , subsection 2, operating a 34 vehicle with an expired license or permit, failure to appear, 35 -1- LSB 5485YC (4) 89 th/ns 1/ 4

H.F. _____ weights and measures violations and speeding violations of less 1 than fifteen miles per hour over the legal speed limit. 2 Sec. 6. Section 707.6A, subsection 2, paragraph a, Code 3 2022, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (03) For the purposes of this paragraph 5 “a” , a person’s use of a hand-held electronic communication 6 device for any purpose while driving a motor vehicle in a 7 road work zone or in a school zone established pursuant to 8 section 321.249 shall be considered prima facie evidence that 9 the person was driving the motor vehicle in a reckless manner 10 with willful or wanton disregard for the safety of persons or 11 property, in violation of section 321.277. 12 Sec. 7. Section 805.8A, subsection 14, paragraph l, Code 13 2022, is amended to read as follows: 14 l. Writing, sending, or viewing an electronic message Use 15 of hand-held electronic communication device while driving 16 violations. 17 (1) For violations under section 321.276 , subsection 2, the 18 scheduled fine is forty-five dollars. 19 (2) For violations under section 321.276, subsection 2A, 20 the scheduled fine is one hundred dollars. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 Under current law, Code section 321.276 prohibits a person 25 from using a hand-held electronic communication device to 26 write, send, or view an electronic message while driving a 27 motor vehicle unless the motor vehicle is at a complete stop 28 off the traveled portion of the roadway. “Hand-held electronic 29 communication device” is defined as a mobile telephone or 30 other portable electronic communication device capable of 31 being used to write, send, or view an electronic message. 32 “Hand-held electronic communication device” does not include 33 a voice-operated or hands-free device which allows the user 34 to write, send, or view an electronic message without the use 35 -2- LSB 5485YC (4) 89 th/ns 2/ 4

H.F. _____ of either hand except to activate or deactivate a feature or 1 function. The prohibition does not apply to the use of a 2 global positioning system or navigation system or when, for the 3 purpose of engaging in a call, the person selects or enters a 4 telephone number or name in a hand-held mobile telephone or 5 activates, deactivates, or initiates a function of a hand-held 6 mobile telephone. Persons engaged in public safety and 7 health care professions or persons who receive safety-related 8 information are exempt from the prohibition under certain 9 circumstances. A violation of Code section 321.276 is not 10 considered a moving violation and is a simple misdemeanor 11 punishable by a scheduled fine of $45. 12 This bill prohibits the use of a hand-held electronic 13 communication device by any person while driving in a road work 14 zone or a school zone. The exceptions under current law for 15 global positioning or navigation systems, entering a telephone 16 number or name, public safety or health care professionals, 17 or persons receiving safety-related information do not apply 18 to this prohibition. A person convicted under the bill is 19 guilty of a simple misdemeanor punishable by a scheduled fine 20 of $100 and the violation is considered a moving violation. 21 Under current law, a moving violation can be considered for 22 purposes of administrative suspension of a driver’s license or 23 to establish habitual offender status. 24 By operation of law, under Code section 321.482A, if the 25 violation causes a serious injury, a court could impose an 26 additional fine of $500 or suspend the person’s driver’s 27 license for not more than 90 days, or both. If the violation 28 causes a death, a court could impose an additional fine of 29 $1,000 or suspend the person’s driver’s license for not more 30 than 180 days, or both. 31 Under current law, a person’s use of a hand-held electronic 32 communication device to write, send, or view an electronic 33 message while driving a motor vehicle is considered prima facie 34 evidence that the person was driving the motor vehicle in a 35 -3- LSB 5485YC (4) 89 th/ns 3/ 4

H.F. _____ reckless manner for purposes of Code section 707.6A (homicide 1 or serious injury by vehicle). The bill adds to this provision 2 a person’s use of a hand-held electronic communication 3 device for any purpose while driving in a road work zone or 4 school zone. A person commits a class “C” felony when the 5 person unintentionally causes the death of another in this 6 manner, and a class “D” felony when the person unintentionally 7 causes serious injury in this manner. A class “C” felony is 8 punishable by confinement for no more than 10 years and a fine 9 of at least $1,370 but not more than $13,660. A class “D” 10 felony is punishable by confinement for no more than five years 11 and a fine of at least $1,025 but not more than $10,245. 12 -4- LSB 5485YC (4) 89 th/ns 4/ 4