House Study Bill 707 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST) A BILL FOR An Act relating to traffic violations and enforcement, 1 including the use of an electronic device while driving 2 and the use of automated or remote systems for traffic 3 law enforcement, providing penalties, making penalties 4 applicable, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6321YC (3) 90 th/ns

H.F. _____ DIVISION I 1 USE OF ELECTRONIC DEVICES WHILE DRIVING 2 Section 1. Section 321.178, subsection 2, paragraph 3 a, subparagraph (2), Code 2024, is amended by striking the 4 subparagraph. 5 Sec. 2. Section 321.178, subsection 2, paragraphs b and c, 6 Code 2024, are amended to read as follows: 7 b. The department may suspend a restricted driver’s license 8 issued under this section upon receiving satisfactory evidence 9 that the licensee has violated the restrictions imposed under 10 paragraph “a” , subparagraph (2), subparagraph division (a). 11 The department may also suspend a restricted license issued 12 under this section upon receiving a record of the person’s 13 conviction for one violation and shall revoke the license upon 14 receiving a record of conviction for two or more violations 15 of a law of this state or a city ordinance regulating the 16 operation of motor vehicles on highways, other than parking 17 violations as defined in section 321.210 . After revoking a 18 license under this section the department shall not grant an 19 application for a new license or permit until the expiration 20 of one year or until the person attains the age of eighteen, 21 whichever is the longer period. 22 c. A person who violates the restrictions imposed under 23 paragraph “a” , subparagraph (2), subparagraph division (a), 24 may be issued a citation under this section and shall not be 25 issued a citation under section 321.193 . A violation of the 26 restrictions imposed under paragraph “a” , subparagraph (2), 27 subparagraph division (a), shall not be considered a moving 28 violation. 29 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code 30 2024, is amended to read as follows: 31 b. The department may suspend an instruction permit, 32 intermediate license, or full license issued under this section 33 upon receiving satisfactory evidence that the person issued 34 the instruction permit, intermediate license, or full license 35 -1- LSB 6321YC (3) 90 th/ns 1/ 12

H.F. _____ violated the restrictions imposed under subsection 1 , or 2 , or 1 6 during the term of the instruction permit or intermediate 2 license. 3 Sec. 4. Section 321.180B, subsection 6, Code 2024, is 4 amended by striking the subsection. 5 Sec. 5. Section 321.180B, subsection 7, Code 2024, is 6 amended to read as follows: 7 7. Citations for violation of restrictions. A person who 8 violates the restrictions imposed under subsection 1 , or 2 , or 9 6 may be issued a citation under this section and shall not be 10 issued a citation under section 321.193 . A violation of the 11 restrictions imposed under subsection 1 , or 2 , or 6 shall not 12 be considered a moving violation. 13 Sec. 6. Section 321.194, subsection 2, paragraph b, 14 subparagraph (2), Code 2024, is amended by striking the 15 subparagraph. 16 Sec. 7. Section 321.210, subsection 2, paragraph e, Code 17 2024, is amended by striking the paragraph. 18 Sec. 8. Section 321.238, Code 2024, is amended to read as 19 follows: 20 321.238 Use of electronic devices while driving —— preemption 21 of local legislation. 22 The provisions of this chapter restricting the use of 23 electronic communication devices and electronic entertainment 24 devices by motor vehicle operators shall be implemented 25 uniformly throughout the state. Such provisions shall preempt 26 any county or municipal ordinance regarding the use of an 27 electronic communication device or electronic entertainment 28 device by a motor vehicle operator. In addition, a county or 29 municipality shall not adopt or continue in effect an ordinance 30 regarding the use of an electronic communication device or 31 electronic entertainment device by a motor vehicle operator. 32 Sec. 9. Section 321.276, subsection 1, Code 2024, is amended 33 by striking the subsection and inserting in lieu thereof the 34 following: 35 -2- LSB 6321YC (3) 90 th/ns 2/ 12

H.F. _____ 1. For purposes of this section: 1 a. “Electronic device” means a device that is powered by 2 electricity, including by a battery, and that is capable of 3 being used to compose, send, receive, or read an electronic 4 message, or that is capable of storing, retrieving on-demand, 5 or displaying videos, movies, broadcast television images, 6 visual images, or audio or video data files. “Electronic 7 device” includes but is not limited to a telephone including 8 a cellular telephone, personal digital assistant, portable 9 or mobile computer including a tablet, two-way messaging 10 device, electronic gaming device, and any substantially similar 11 portable device that is used to initiate, store, or receive 12 electronic communication, information, or data. “Electronic 13 device” does not include a device that is physically or 14 electronically integrated into a motor vehicle, including but 15 not limited to an integrated global positioning system or 16 navigation system when the destination is entered into such 17 system before the vehicle is in motion. 18 b. “Use” includes but is not limited to holding, physically 19 supporting with any part of a person’s body, viewing, or 20 manually entering letters, numbers, or symbols on an electronic 21 device. “Use” does not include any of the following, so long as 22 a person does not manually enter letters, numbers, or symbols 23 while holding the device: 24 (1) Holding an electronic device directly near a person’s 25 ear or with the speaker phone function activated for the 26 purpose of making, receiving, or conducting a telephone call. 27 (2) Receiving a wireless message on an electronic device 28 regarding the operation or navigation of a motor vehicle, 29 safety-related information including emergency, traffic, or 30 weather alerts, or data used primarily by the motor vehicle. 31 (3) Using an electronic device for navigation purposes. 32 c. “Voice-activated or hands-free mode” means an attachment, 33 accessory, application, wireless connection, or built-in 34 feature of an electronic device or motor vehicle that allows 35 -3- LSB 6321YC (3) 90 th/ns 3/ 12

H.F. _____ a person to use verbal commands or a single touch to activate 1 or deactivate the device or a function or software application 2 of the device. “Voice-activated or hands-free mode” does not 3 include accessing nonnavigation video content, engaging in a 4 video call, accessing or engaging in video streaming, accessing 5 gaming data, or reading an electronic message or notification. 6 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code 7 2024, are amended to read as follows: 8 2. A person shall not use a hand-held an electronic 9 communication device to write, send, or view an electronic 10 message while driving a motor vehicle unless . For purposes of 11 this subsection, a person is not driving a motor vehicle if the 12 motor vehicle is at a complete stop at a traffic control signal 13 or device that is directing the person to stop, on a roadway 14 due to an emergency or road closure, or off the traveled 15 portion of the roadway , or as far away from the center of the 16 roadway as is practicable if the vehicle cannot be entirely 17 removed from the traveled portion of the roadway . 18 a. A person does not violate this section by using a global 19 positioning system or navigation system or when, for the 20 purpose of engaging in a call, the person selects or enters a 21 telephone number or name in a hand-held mobile telephone or 22 activates, deactivates, or initiates a function of a hand-held 23 mobile telephone an electronic device in a voice-activated or 24 hands-free mode . 25 b. The provisions of this subsection relating to writing, 26 sending, or viewing an electronic message the use of an 27 electronic device do not apply to the following persons: 28 (1) A member of a public safety agency, as defined in 29 section 34.1 , performing official duties. 30 (2) A health care professional in the course of an emergency 31 situation. 32 (3) A person receiving safety-related information including 33 emergency , traffic, or weather alerts using an electronic 34 device for the purpose of reporting an emergency situation, 35 -4- LSB 6321YC (3) 90 th/ns 4/ 12

H.F. _____ including any continued communication with emergency personnel 1 during the emergency situation, or public transit personnel 2 responding to a transit-specific situation . 3 (4) A utility maintenance employee or contractor using 4 an electronic device while in a utility maintenance vehicle, 5 and responding to an emergency, power outage, or circumstance 6 that affects the health or safety of individuals, provided the 7 employee or contractor is acting within the scope of their 8 employment or agency. 9 (5) A person operating a commercial motor vehicle while 10 using a mobile data terminal that transmits and receives data. 11 (6) A person storing an electronic device in a holster, 12 harness, or article of clothing on the person’s body. 13 3. Nothing in this section shall be construed to authorize 14 a peace officer to confiscate a hand-held an electronic 15 communication device from the driver or occupant of a motor 16 vehicle. 17 4. a. A person convicted of a violation of this section 18 is guilty of a simple misdemeanor punishable as a scheduled 19 violation under section 805.8A, subsection 14 , paragraph “l” . 20 b. A violation of this section shall not be considered a 21 moving violation for purposes of this chapter or and rules 22 adopted pursuant to this chapter . 23 c. Notwithstanding section 321.210 or any provision of 24 this chapter to the contrary, but subject to subsection 6, 25 the department may suspend the driver’s license of a person 26 convicted of a violation of this section for a period not to 27 exceed ninety days. 28 d. Notwithstanding paragraphs “a” and “b” , a peace officer 29 shall issue a warning memorandum in lieu of a citation to a 30 person for violating this section. This paragraph is repealed 31 January 1, 2025. 32 Sec. 11. Section 321.276, Code 2024, is amended by adding 33 the following new subsections: 34 NEW SUBSECTION . 6. a. In lieu of the penalties provided 35 -5- LSB 6321YC (3) 90 th/ns 5/ 12

H.F. _____ under subsection 4, a person may attend and successfully 1 complete, at the person’s own expense, a driver improvement 2 program approved by the department. To be eligible, the 3 person shall notify the clerk of court prior to the date of 4 the person’s court appearance as indicated on the citation 5 that the person intends to attend and successfully complete a 6 driver improvement program, and shall submit to the clerk of 7 court written verification that the person completed the driver 8 improvement program, signed by the instructor of the program, 9 within ninety days of the violation. 10 b. A person who notifies the clerk of court that the person 11 intends to successfully complete a driver improvement program 12 pursuant to paragraph “a” , but who does not submit the required 13 written verification that the person successfully completed 14 the driver improvement program to the clerk of court within 15 ninety days of the violation, shall be subject to the penalties 16 described in subsection 4 on the ninety-first day after the 17 violation. 18 NEW SUBSECTION . 7. The department of public safety shall 19 submit a report to the general assembly on or before January 20 31 each year detailing the number of citations issued for 21 violations under this section during the previous calendar 22 year. The report must include statistics detailing the race of 23 each person cited. 24 Sec. 12. Section 321.482A, unnumbered paragraph 1, Code 25 2024, is amended to read as follows: 26 Notwithstanding section 321.482 , a person who is convicted 27 of operating a motor vehicle in violation of section 321.178, 28 subsection 2 , paragraph “a” , subparagraph (2), section 29 321.180B, subsection 6 , section 321.194, subsection 2 , 30 paragraph “b” , subparagraph (2), section 321.256 , 321.257 , 31 section 321.275, subsection 4 , section 321.276 , 321.297 , 32 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 33 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 34 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 35 -6- LSB 6321YC (3) 90 th/ns 6/ 12

H.F. _____ subsection 3 , or section 321.449B , causing serious injury to 1 or the death of another person may be subject to the following 2 penalties in addition to the penalty provided for a scheduled 3 violation in section 805.8A or any other penalty provided by 4 law: 5 Sec. 13. Section 321.555, subsection 2, Code 2024, is 6 amended to read as follows: 7 2. Six or more of any separate and distinct offenses within 8 a two-year period in the operation of a motor vehicle, which 9 are required to be reported to the department by section 10 321.491 or chapter 321C , except equipment violations, parking 11 violations as defined in section 321.210 , violations of 12 registration laws, violations of sections 321.445 and 321.446 , 13 violations of section 321.276 , operating a vehicle with an 14 expired license or permit, failure to appear, weights and 15 measures violations and speeding violations of less than 16 fifteen miles per hour over the legal speed limit. 17 Sec. 14. Section 707.6A, subsection 2, paragraph a, 18 subparagraphs (1), (2), and (3), Code 2024, are amended by 19 striking the subparagraphs and inserting in lieu thereof the 20 following: 21 (1) For purposes of this paragraph “a” , a person’s use of 22 an electronic device while driving a motor vehicle shall be 23 considered prima facie evidence that the person was driving 24 the motor vehicle in a reckless manner with willful or wanton 25 disregard for the safety of persons or property, in violation 26 of section 321.277. 27 (2) Subparagraph (1) does not apply to any of the following: 28 (a) A person using an electronic device in a voice-activated 29 or hands-free mode. 30 (b) A person listed in section 321.276, subsection 2, 31 paragraph “b” . 32 (3) For purposes of this paragraph “a” , the following 33 definitions apply: 34 (a) “Electronic device” means the same as defined in section 35 -7- LSB 6321YC (3) 90 th/ns 7/ 12

H.F. _____ 321.276. 1 (b) “Use” means the same as defined in section 321.276. 2 (c) “Voice-activated or hands-free mode” means the same as 3 defined in section 321.276. 4 Sec. 15. Section 805.8A, subsection 4, paragraph c, Code 5 2024, is amended by striking the paragraph. 6 Sec. 16. Section 805.8A, subsection 14, paragraph l, Code 7 2024, is amended to read as follows: 8 l. Writing, sending, or viewing an Use of electronic message 9 device while driving violations. For violations under section 10 321.276 , the scheduled fine is forty-five dollars. as follows: 11 (1) One hundred fifty dollars for a first violation. 12 (2) Two hundred fifty dollars if the violation is within two 13 years of a prior violation. 14 (3) Five hundred dollars if the violation is a third or 15 subsequent violation within two years. 16 DIVISION II 17 AUTOMATIC TRAFFIC ENFORCEMENT PROHIBITED 18 Sec. 17. NEW SECTION . 321.492C Use of automated or remote 19 systems for traffic law enforcement prohibited —— sharing related 20 information prohibited. 21 1. The state or a local authority shall not place or cause 22 to be placed on or adjacent to a highway, or maintain or employ 23 the use of, any automated or remote system for traffic law 24 enforcement. 25 2. The department of transportation and the department of 26 public safety shall not share or provide information used to 27 impose or collect a civil penalty that results from a violation 28 captured by an automated or remote system for traffic law 29 enforcement through any existing interstate compact that does 30 not specifically allow or require information to be shared or 31 provided for that explicit purpose. 32 3. For purposes of this section, “automated or remote system 33 for traffic law enforcement” means a camera or other optical 34 device designed to work in conjunction with an official traffic 35 -8- LSB 6321YC (3) 90 th/ns 8/ 12

H.F. _____ control signal or speed measuring device to identify motor 1 vehicles operating in violation of traffic laws, the use of 2 which results in the issuance of citations sent through the 3 mail or by electronic means. 4 Sec. 18. REMOVAL OF AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC 5 LAW ENFORCEMENT —— VALIDITY OF PRIOR CITATIONS. Prior to July 6 1, 2025, a local authority using an automated or remote system 7 for traffic law enforcement shall discontinue using the system 8 and remove the system equipment. On and after July 1, 2025, 9 all local ordinances authorizing the use of automated or remote 10 systems for traffic law enforcement are void. However, any 11 citation issued or mailed pursuant to such an ordinance prior 12 to July 1, 2025, shall not be invalidated by the enactment of 13 this division of this Act and shall be processed according to 14 the provisions of law under which the citation was authorized. 15 Sec. 19. EFFECTIVE DATE. The section of this division of 16 this Act enacting section 321.492C takes effect July 1, 2025. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 USE OF ELECTRONIC DEVICES WHILE DRIVING. Under current law, 21 Code section 321.276 prohibits the use of hand-held electronic 22 communication devices to write, send, or view electronic 23 messages while driving a motor vehicle. This bill expands Code 24 section 321.276 to prohibit any use of an electronic device 25 while driving. The bill defines the terms “electronic device”, 26 “use”, and “voice-activated or hands-free mode”. The bill 27 excludes certain actions while behind the wheel of a motor 28 vehicle from being considered “driving” for purposes of the 29 bill, such as being stopped at a stop light. 30 The bill authorizes persons to use an electronic device in 31 a voice-activated or hands-free mode, with the speaker phone 32 function engaged, while holding the phone in close proximity 33 to the person’s ear, or for navigation purposes. The bill 34 excludes certain persons from the prohibition, including a 35 -9- LSB 6321YC (3) 90 th/ns 9/ 12

H.F. _____ person reporting an emergency situation, a utility maintenance 1 employee or contractor responding to an emergency, power 2 outage, or circumstance that affects the health or safety of 3 individuals, a person operating a commercial motor vehicle 4 while using a mobile data terminal that transmits and receives 5 data, and a person storing an electronic device in a holster, 6 harness, or article of clothing on the person’s body. 7 The bill makes a violation of Code section 321.276 a moving 8 violation. Under current law, a moving violation can be 9 considered for purposes of administrative suspension of a 10 driver’s license (Code section 321.210; 761 IAC 615.12) or to 11 establish habitual offender status (Code section 321.555). 12 However, a peace officer is required to issue a warning 13 memorandum in lieu of a citation for violations that occur 14 during the period between the effective date of the bill and 15 January 1, 2025. 16 The bill increases the scheduled fine for a violation of Code 17 section 321.276 from $45 to $150, and further increases the 18 penalty for a second ($250) and a third or subsequent ($500) 19 violation within two years. In addition, the department of 20 transportation (DOT) may suspend a person’s driver’s license 21 for up to 90 days. However, the bill allows a person to attend 22 and successfully complete, at the person’s own expense, a 23 driver improvement program approved by the DOT in lieu of the 24 penalties. To be eligible, the person must notify the clerk of 25 court prior to the date of the person’s court appearance that 26 the person intends to attend and successfully complete a driver 27 improvement program, and must submit to the clerk of court 28 written verification that the person completed the program, 29 signed by the instructor of the program, within 90 days of the 30 violation. If a person notifies the clerk of court of the 31 person’s intent to complete the program but fails to submit the 32 required verification of completion within 90 days, the person 33 is subject to the penalties. 34 Under Code section 321.482A, if a person is convicted for a 35 -10- LSB 6321YC (3) 90 th/ns 10/ 12

H.F. _____ violation and the violation causes a serious injury, a court 1 could impose an additional fine of $500 or suspend the person’s 2 driver’s license for not more than 90 days, or both. If a 3 person is convicted for a violation and the violation causes 4 a death, a court could impose an additional fine of $1,000 or 5 suspend the person’s driver’s license for not more than 180 6 days, or both. By operation of law, a person issued a warning 7 memorandum under the bill is not subject to the enhanced 8 penalties under Code section 321.482A. 9 The bill makes corresponding changes to Code sections 10 321.238 (preemption of local legislation) and 707.6A (homicide 11 or serious injury by vehicle) to align those provisions to the 12 provisions of Code section 321.276 as amended by the bill. 13 The bill also makes corresponding changes to Code sections 14 321.178, 321.180B, and 321.194, by striking provisions relating 15 to the use of electronic communication devices while driving 16 by persons under the age of 18 who are issued certain types 17 of driver’s licenses, thereby making Code section 321.276 as 18 amended by the bill applicable to such persons. 19 AUTOMATED TRAFFIC ENFORCEMENT PROHIBITED. On and after July 20 1, 2025, the bill prohibits the state or a local authority from 21 placing or causing to be placed on or adjacent to a highway, or 22 maintaining or employing the use of, any automated or remote 23 system for traffic law enforcement (ATE system). The bill also 24 prohibits the department of transportation and the department 25 of public safety from providing information used to impose or 26 collect a civil penalty that results from a violation captured 27 by an ATE system through an existing interstate compact 28 agreement unless the agreement specifically allows or requires 29 that information to be shared or provided for that specific 30 purpose. 31 The bill defines “automated or remote system for traffic law 32 enforcement” to mean a camera or other optical device designed 33 to work in conjunction with an official traffic control signal 34 or speed measuring device to identify motor vehicles operating 35 -11- LSB 6321YC (3) 90 th/ns 11/ 12

H.F. _____ in violation of traffic laws, the use of which results in the 1 issuance of citations sent through the mail or by electronic 2 means. 3 The bill requires that prior to July 1, 2025, a local 4 authority using an ATE system must discontinue using the system 5 and remove the system equipment. On and after July 1, 2025, 6 all local ordinances authorizing the use of ATE systems are 7 void. However, the bill provides that any citation issued or 8 mailed pursuant to such an ordinance prior to July 1, 2025, is 9 not invalidated by the bill and must be processed according to 10 the provisions of law under which the citation was authorized. 11 -12- LSB 6321YC (3) 90 th/ns 12/ 12