HSB 707 (LSB 6321YC (3) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST)

A BILL FOR

An Act relating to traffic violations and enforcement, including the use of an electronic device while driving and the use of automated or remote systems for traffic law enforcement, providing penalties, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
USE OF ELECTRONIC DEVICES WHILE DRIVING

    Section 1.  Section 321.178, subsection 2, paragraph a, subparagraph (2), Code 2024, is amended by striking the subparagraph.
    Sec. 2.  Section 321.178, subsection 2, paragraphs b and c, Code 2024, are amended to read as follows:
   b.  The department may suspend a restricted driver’s license issued under this section upon receiving satisfactory evidence that the licensee has violated the restrictions imposed under paragraph “a”, subparagraph (2), subparagraph division (a). The department may also suspend a restricted license issued under this section upon receiving a record of the person’s conviction for one violation and shall revoke the license upon receiving a record of conviction for two or more violations of a law of this state or a city ordinance regulating the operation of motor vehicles on highways, other than parking violations as defined in section 321.210. After revoking a license under this section the department shall not grant an application for a new license or permit until the expiration of one year or until the person attains the age of eighteen, whichever is the longer period.
   c.  A person who violates the restrictions imposed under paragraph “a”, subparagraph (2), subparagraph division (a), may be issued a citation under this section and shall not be issued a citation under section 321.193. A violation of the restrictions imposed under paragraph “a”, subparagraph (2), subparagraph division (a), shall not be considered a moving violation.
    Sec. 3.  Section 321.180B, subsection 3, paragraph b, Code 2024, is amended to read as follows:
   b.  The department may suspend an instruction permit, intermediate license, or full license issued under this section upon receiving satisfactory evidence that the person issued the instruction permit, intermediate license, or full license violated the restrictions imposed under subsection 1, or 2, or 6 during the term of the instruction permit or intermediate license.
    Sec. 4.  Section 321.180B, subsection 6, Code 2024, is amended by striking the subsection.
    Sec. 5.  Section 321.180B, subsection 7, Code 2024, is amended to read as follows:
   7.  Citations for violation of restrictions.  A person who violates the restrictions imposed under subsection 1, or 2, or 6 may be issued a citation under this section and shall not be issued a citation under section 321.193. A violation of the restrictions imposed under subsection 1, or 2, or 6 shall not be considered a moving violation.
    Sec. 6.  Section 321.194, subsection 2, paragraph b, subparagraph (2), Code 2024, is amended by striking the subparagraph.
    Sec. 7.  Section 321.210, subsection 2, paragraph e, Code 2024, is amended by striking the paragraph.
    Sec. 8.  Section 321.238, Code 2024, is amended to read as follows:
   321.238  Use of electronic devices while driving —— preemption of local legislation.
   The provisions of this chapter restricting the use of electronic communication devices and electronic entertainment devices by motor vehicle operators shall be implemented uniformly throughout the state. Such provisions shall preempt any county or municipal ordinance regarding the use of an electronic communication device or electronic entertainment device by a motor vehicle operator. In addition, a county or municipality shall not adopt or continue in effect an ordinance regarding the use of an electronic communication device or electronic entertainment device by a motor vehicle operator.
    Sec. 9.  Section 321.276, subsection 1, Code 2024, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  For purposes of this section:
   a.  “Electronic device” means a device that is powered by electricity, including by a battery, and that is capable of being used to compose, send, receive, or read an electronic message, or that is capable of storing, retrieving on-demand, or displaying videos, movies, broadcast television images, visual images, or audio or video data files. “Electronic device” includes but is not limited to a telephone including a cellular telephone, personal digital assistant, portable or mobile computer including a tablet, two-way messaging device, electronic gaming device, and any substantially similar portable device that is used to initiate, store, or receive electronic communication, information, or data. “Electronic device” does not include a device that is physically or electronically integrated into a motor vehicle, including but not limited to an integrated global positioning system or navigation system when the destination is entered into such system before the vehicle is in motion.
   b.  “Use” includes but is not limited to holding, physically supporting with any part of a person’s body, viewing, or manually entering letters, numbers, or symbols on an electronic device. “Use” does not include any of the following, so long as a person does not manually enter letters, numbers, or symbols while holding the device:
   (1)  Holding an electronic device directly near a person’s ear or with the speaker phone function activated for the purpose of making, receiving, or conducting a telephone call.
   (2)  Receiving a wireless message on an electronic device regarding the operation or navigation of a motor vehicle, safety-related information including emergency, traffic, or weather alerts, or data used primarily by the motor vehicle.
   (3)  Using an electronic device for navigation purposes.
   c.  “Voice-activated or hands-free mode” means an attachment, accessory, application, wireless connection, or built-in feature of an electronic device or motor vehicle that allows a person to use verbal commands or a single touch to activate or deactivate the device or a function or software application of the device. “Voice-activated or hands-free mode” does not include accessing nonnavigation video content, engaging in a video call, accessing or engaging in video streaming, accessing gaming data, or reading an electronic message or notification. 
    Sec. 10.  Section 321.276, subsections 2, 3, and 4, Code 2024, are amended to read as follows:
   2.  A person shall not use a hand-held an electronic communication device to write, send, or view an electronic message while driving a motor vehicle unless. For purposes of this subsection, a person is not driving a motor vehicle if the motor vehicle is at a complete stop at a traffic control signal or device that is directing the person to stop, on a roadway due to an emergency or road closure, or off the traveled portion of the roadway, or as far away from the center of the roadway as is practicable if the vehicle cannot be entirely removed from the traveled portion of the roadway.
   a.  A person does not violate this section by using a global positioning system or navigation system or when, for the purpose of engaging in a call, the person selects or enters a telephone number or name in a hand-held mobile telephone or activates, deactivates, or initiates a function of a hand-held mobile telephone an electronic device in a voice-activated or hands-free mode.
   b.  The provisions of this subsection relating to writing, sending, or viewing an electronic message the use of an electronic device do not apply to the following persons:
   (1)  A member of a public safety agency, as defined in section 34.1, performing official duties.
   (2)  A health care professional in the course of an emergency situation.
   (3)  A person receiving safety-related information including emergency, traffic, or weather alerts using an electronic device for the purpose of reporting an emergency situation, including any continued communication with emergency personnel during the emergency situation, or public transit personnel responding to a transit-specific situation.
   (4)  A utility maintenance employee or contractor using an electronic device while in a utility maintenance vehicle, and responding to an emergency, power outage, or circumstance that affects the health or safety of individuals, provided the employee or contractor is acting within the scope of their employment or agency.
   (5)  A person operating a commercial motor vehicle while using a mobile data terminal that transmits and receives data.
   (6)  A person storing an electronic device in a holster, harness, or article of clothing on the person’s body.
   3.  Nothing in this section shall be construed to authorize a peace officer to confiscate a hand-held an electronic communication device from the driver or occupant of a motor vehicle.
   4.  a.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “l”.
   b.  A violation of this section shall not be considered a moving violation for purposes of this chapter or and rules adopted pursuant to this chapter.
   c.  Notwithstanding section 321.210 or any provision of this chapter to the contrary, but subject to subsection 6, the department may suspend the driver’s license of a person convicted of a violation of this section for a period not to exceed ninety days.
   d.  Notwithstanding paragraphs “a” and “b”, a peace officer shall issue a warning memorandum in lieu of a citation to a person for violating this section. This paragraph is repealed January 1, 2025.
    Sec. 11.  Section 321.276, Code 2024, is amended by adding the following new subsections:
   NEW SUBSECTION.  6.  a.  In lieu of the penalties provided under subsection 4, a person may attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department. To be eligible, the person shall notify the clerk of court prior to the date of the person’s court appearance as indicated on the citation that the person intends to attend and successfully complete a driver improvement program, and shall submit to the clerk of court written verification that the person completed the driver improvement program, signed by the instructor of the program, within ninety days of the violation.
   b.  A person who notifies the clerk of court that the person intends to successfully complete a driver improvement program pursuant to paragraph “a”, but who does not submit the required written verification that the person successfully completed the driver improvement program to the clerk of court within ninety days of the violation, shall be subject to the penalties described in subsection 4 on the ninety-first day after the violation.
   NEW SUBSECTION.  7.  The department of public safety shall submit a report to the general assembly on or before January 31 each year detailing the number of citations issued for violations under this section during the previous calendar year. The report must include statistics detailing the race of each person cited.
    Sec. 12.  Section 321.482A, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.178, subsection 2, paragraph “a”, subparagraph (2), section 321.180B, subsection 6, section 321.194, subsection 2, paragraph “b”, subparagraph (2), section 321.256, 321.257, section 321.275, subsection 4, section 321.276, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307,  321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324, 321.324A, 321.327, 321.329, 321.333,  section 321.372, subsection 3, or section 321.449B, causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
    Sec. 13.  Section 321.555, subsection 2, Code 2024, is amended to read as follows:
   2.  Six or more of any separate and distinct offenses within a two-year period in the operation of a motor vehicle, which are required to be reported to the department by section 321.491 or chapter 321C, except equipment violations, parking violations as defined in section 321.210, violations of registration laws, violations of sections 321.445 and 321.446, violations of section 321.276, operating a vehicle with an expired license or permit, failure to appear, weights and measures violations and speeding violations of less than fifteen miles per hour over the legal speed limit.
    Sec. 14.  Section 707.6A, subsection 2, paragraph a, subparagraphs (1), (2), and (3), Code 2024, are amended by striking the subparagraphs and inserting in lieu thereof the following:
   (1)  For purposes of this paragraph “a”, a person’s use of an electronic device while driving a motor vehicle shall be considered prima facie evidence that the person was driving the motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons or property, in violation of section 321.277.
   (2)  Subparagraph (1) does not apply to any of the following:
   (a)  A person using an electronic device in a voice-activated or hands-free mode.
   (b)  A person listed in section 321.276, subsection 2, paragraph “b”.
   (3)  For purposes of this paragraph “a”, the following definitions apply:
   (a)  “Electronic device” means the same as defined in section 321.276.
   (b)  “Use” means the same as defined in section 321.276.
   (c)  “Voice-activated or hands-free mode” means the same as defined in section 321.276.
    Sec. 15.  Section 805.8A, subsection 4, paragraph c, Code 2024, is amended by striking the paragraph.
    Sec. 16.  Section 805.8A, subsection 14, paragraph l, Code 2024, is amended to read as follows:
   l.  Writing, sending, or viewing an Use of electronic message device while driving violations.  For violations under section 321.276, the scheduled fine is forty-five dollars. as follows:
   (1)  One hundred fifty dollars for a first violation.
   (2)  Two hundred fifty dollars if the violation is within two years of a prior violation.
   (3)  Five hundred dollars if the violation is a third or subsequent violation within two years.
DIVISION II
AUTOMATIC TRAFFIC ENFORCEMENT PROHIBITED

    Sec. 17.  NEW SECTION.  321.492C  Use of automated or remote systems for traffic law enforcement prohibited —— sharing related information prohibited.
   1.  The state or a local authority shall not place or cause to be placed on or adjacent to a highway, or maintain or employ the use of, any automated or remote system for traffic law enforcement. 
   2.  The department of transportation and the department of public safety shall not share or provide information used to impose or collect a civil penalty that results from a violation captured by an automated or remote system for traffic law enforcement through any existing interstate compact that does not specifically allow or require information to be shared or provided for that explicit purpose.
   3.  For purposes of this section, “automated or remote system for traffic law enforcement” means a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to identify motor vehicles operating in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.
    Sec. 18.  REMOVAL OF AUTOMATED OR REMOTE SYSTEMS FOR TRAFFIC LAW ENFORCEMENT —— VALIDITY OF PRIOR CITATIONS.  Prior to July 1, 2025, a local authority using an automated or remote system for traffic law enforcement shall discontinue using the system and remove the system equipment. On and after July 1, 2025, all local ordinances authorizing the use of automated or remote systems for traffic law enforcement are void. However, any citation issued or mailed pursuant to such an ordinance prior to July 1, 2025, shall not be invalidated by the enactment of this division of this Act and shall be processed according to the provisions of law under which the citation was authorized.
    Sec. 19.  EFFECTIVE DATE.  The section of this division of this Act enacting section 321.492C takes effect July 1, 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   USE OF ELECTRONIC DEVICES WHILE DRIVING. Under current law, Code section 321.276 prohibits the use of hand-held electronic communication devices to write, send, or view electronic messages while driving a motor vehicle. This bill expands Code section 321.276 to prohibit any use of an electronic device while driving. The bill defines the terms “electronic device”, “use”, and “voice-activated or hands-free mode”. The bill excludes certain actions while behind the wheel of a motor vehicle from being considered “driving” for purposes of the bill, such as being stopped at a stop light.
   The bill authorizes persons to use an electronic device in a voice-activated or hands-free mode, with the speaker phone function engaged, while holding the phone in close proximity to the person’s ear, or for navigation purposes. The bill excludes certain persons from the prohibition, including a person reporting an emergency situation, a utility maintenance employee or contractor responding to an emergency, power outage, or circumstance that affects the health or safety of individuals, a person operating a commercial motor vehicle while using a mobile data terminal that transmits and receives data, and a person storing an electronic device in a holster, harness, or article of clothing on the person’s body.
   The bill makes a violation of Code section 321.276 a moving violation. Under current law, a moving violation can be considered for purposes of administrative suspension of a driver’s license (Code section 321.210; 761 IAC 615.12) or to establish habitual offender status (Code section 321.555). However, a peace officer is required to issue a warning memorandum in lieu of a citation for violations that occur during the period between the effective date of the bill and January 1, 2025.
   The bill increases the scheduled fine for a violation of Code section 321.276 from $45 to $150, and further increases the penalty for a second ($250) and a third or subsequent ($500) violation within two years. In addition, the department of transportation (DOT) may suspend a person’s driver’s license for up to 90 days. However, the bill allows a person to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the DOT in lieu of the penalties. To be eligible, the person must notify the clerk of court prior to the date of the person’s court appearance that the person intends to attend and successfully complete a driver improvement program, and must submit to the clerk of court written verification that the person completed the program, signed by the instructor of the program, within 90 days of the violation. If a person notifies the clerk of court of the person’s intent to complete the program but fails to submit the required verification of completion within 90 days, the person is subject to the penalties.
   Under Code section 321.482A, if a person is convicted for a violation and the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than 90 days, or both. If a person is convicted for a violation and the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both. By operation of law, a person issued a warning memorandum under the bill is not subject to the enhanced penalties under Code section 321.482A.
   The bill makes corresponding changes to Code sections 321.238 (preemption of local legislation) and 707.6A (homicide or serious injury by vehicle) to align those provisions to the provisions of Code section 321.276 as amended by the bill. The bill also makes corresponding changes to Code sections 321.178, 321.180B, and 321.194, by striking provisions relating to the use of electronic communication devices while driving by persons under the age of 18 who are issued certain types of driver’s licenses, thereby making Code section 321.276 as amended by the bill applicable to such persons.
   AUTOMATED TRAFFIC ENFORCEMENT PROHIBITED. On and after July 1, 2025, the bill prohibits the state or a local authority from placing or causing to be placed on or adjacent to a highway, or maintaining or employing the use of, any automated or remote system for traffic law enforcement (ATE system). The bill also prohibits the department of transportation and the department of public safety from providing information used to impose or collect a civil penalty that results from a violation captured by an ATE system through an existing interstate compact agreement unless the agreement specifically allows or requires that information to be shared or provided for that specific purpose.
   The bill defines “automated or remote system for traffic law enforcement” to mean a camera or other optical device designed to work in conjunction with an official traffic control signal or speed measuring device to identify motor vehicles operating in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.
   The bill requires that prior to July 1, 2025, a local authority using an ATE system must discontinue using the system and remove the system equipment. On and after July 1, 2025, all local ordinances authorizing the use of ATE systems are void. However, the bill provides that any citation issued or mailed pursuant to such an ordinance prior to July 1, 2025, is not invalidated by the bill and must be processed according to the provisions of law under which the citation was authorized.