S.F. 60 Section 1. Section 321.178, subsection 2, paragraph 1 a, subparagraph (2), Code 2023, is amended by striking the 2 subparagraph. 3 Sec. 2. Section 321.178, subsection 2, paragraphs b and c, 4 Code 2023, are amended to read as follows: 5 b. The department may suspend a restricted driver’s license 6 issued under this section upon receiving satisfactory evidence 7 that the licensee has violated the restrictions imposed under 8 paragraph “a” , subparagraph (2), subparagraph division (a). 9 The department may also suspend a restricted license issued 10 under this section upon receiving a record of the person’s 11 conviction for one violation and shall revoke the license upon 12 receiving a record of conviction for two or more violations 13 of a law of this state or a city ordinance regulating the 14 operation of motor vehicles on highways, other than parking 15 violations as defined in section 321.210 . After revoking a 16 license under this section the department shall not grant an 17 application for a new license or permit until the expiration 18 of one year or until the person attains the age of eighteen, 19 whichever is the longer period. 20 c. A person who violates the restrictions imposed under 21 paragraph “a” , subparagraph (2), subparagraph division (a), 22 may be issued a citation under this section and shall not be 23 issued a citation under section 321.193 . A violation of the 24 restrictions imposed under paragraph “a” , subparagraph (2), 25 subparagraph division (a), shall not be considered a moving 26 violation. 27 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code 28 2023, is amended to read as follows: 29 b. The department may suspend an instruction permit, 30 intermediate license, or full license issued under this section 31 upon receiving satisfactory evidence that the person issued 32 the instruction permit, intermediate license, or full license 33 violated the restrictions imposed under subsection 1 , or 2 , or 34 6 during the term of the instruction permit or intermediate 35 -1- LSB 1071XS (2) 90 th/ns 1/ 8

S.F. 60 license. 1 Sec. 4. Section 321.180B, subsection 6, Code 2023, is 2 amended by striking the subsection. 3 Sec. 5. Section 321.180B, subsection 7, Code 2023, is 4 amended to read as follows: 5 7. Citations for violation of restrictions. A person who 6 violates the restrictions imposed under subsection 1 , or 2 , or 7 6 may be issued a citation under this section and shall not be 8 issued a citation under section 321.193 . A violation of the 9 restrictions imposed under subsection 1 , or 2 , or 6 shall not 10 be considered a moving violation. 11 Sec. 6. Section 321.194, subsection 2, paragraph b, 12 subparagraph (2), Code 2023, is amended by striking the 13 subparagraph. 14 Sec. 7. Section 321.210, subsection 2, paragraph e, Code 15 2023, is amended by striking the paragraph. 16 Sec. 8. Section 321.238, Code 2023, is amended to read as 17 follows: 18 321.238 Use of electronic devices while driving —— preemption 19 of local legislation. 20 The provisions of this chapter restricting the use of 21 electronic communication devices and electronic entertainment 22 devices by motor vehicle operators shall be implemented 23 uniformly throughout the state. Such provisions shall preempt 24 any county or municipal ordinance regarding the use of an 25 electronic communication device or electronic entertainment 26 device by a motor vehicle operator. In addition, a county or 27 municipality shall not adopt or continue in effect an ordinance 28 regarding the use of an electronic communication device or 29 electronic entertainment device by a motor vehicle operator. 30 Sec. 9. Section 321.276, subsection 1, Code 2023, is amended 31 by striking the subsection and inserting in lieu thereof the 32 following: 33 1. For purposes of this section: 34 a. “Electronic device” means a device that is powered by 35 -2- LSB 1071XS (2) 90 th/ns 2/ 8

S.F. 60 electricity, including by a battery, and that is capable of 1 being used to compose, send, receive, or read an electronic 2 message, or that is capable of storing, retrieving on-demand, 3 or displaying videos, movies, broadcast television images, 4 visual images, or audio or video data files. “Electronic 5 device” includes but is not limited to a telephone including 6 a cellular telephone, personal digital assistant, portable 7 or mobile computer including a tablet, two-way messaging 8 device, electronic gaming device, and any substantially similar 9 portable device that is used to initiate, store, or receive 10 electronic communication, information, or data. “Electronic 11 device” does not include a device that is physically or 12 electronically integrated into a motor vehicle, including but 13 not limited to an integrated global positioning system or 14 navigation system when the destination is entered into such 15 system before the vehicle is in motion. 16 b. “Use” includes but is not limited to holding, viewing, or 17 manipulating an electronic device. 18 c. “Voice-activated or hands-free mode” means an attachment, 19 accessory, application, wireless connection, or built-in 20 feature of an electronic device or motor vehicle that allows 21 a person to use verbal commands or a single touch to activate 22 or deactivate the device or a function or software application 23 of the device. “Voice-activated or hands-free mode” does not 24 include accessing nonnavigation video content, engaging in a 25 video call, accessing or engaging in video streaming, accessing 26 gaming data, or reading an electronic message or notification. 27 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code 28 2023, are amended to read as follows: 29 2. A person shall not use a hand-held and electronic 30 communication device to write, send, or view an electronic 31 message while driving a motor vehicle unless the motor vehicle 32 is at a complete stop off the traveled portion of the roadway , 33 or as far away from the center of the roadway as is practicable 34 if the vehicle cannot be entirely removed from the traveled 35 -3- LSB 1071XS (2) 90 th/ns 3/ 8

S.F. 60 portion of the roadway . 1 a. A person does not violate this section by using a global 2 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 an electronic device in a voice-activated or 7 hands-free mode . 8 b. The provisions of this subsection relating to writing, 9 sending, or viewing an electronic message the use of an 10 electronic device do not apply to the following persons: 11 (1) A member of a public safety agency, as defined in 12 section 34.1 , performing official duties. 13 (2) A health care professional in the course of an emergency 14 situation. 15 (3) A person receiving safety-related information including 16 emergency , traffic, or weather alerts. 17 (4) A person using an electronic device for the purpose 18 of reporting an emergency situation, including any continued 19 communication with emergency personnel during the emergency 20 situation, or public transit personnel responding to a 21 transit-specific situation. 22 (5) A person operating an implement of husbandry. 23 (6) A person using a two-way radio transmitter or receiver, 24 including a citizens band radio or amateur radio equipment. 25 (7) A member of a public transit system, as defined in 26 section 324A.1, performing official duties while in a vehicle 27 that is not in motion. 28 (8) A utility maintenance employee or contractor using 29 an electronic device while in a utility maintenance vehicle, 30 for the purpose of providing utility services including 31 but not limited to cable, electric, natural gas, telephone, 32 telecommunication, water, and wastewater treatment services, 33 provided the employee or contractor is acting within the scope 34 of their employment or agency. 35 -4- LSB 1071XS (2) 90 th/ns 4/ 8

S.F. 60 (9) A transportation network company driver, as defined in 1 section 321N.1, while engaged in a prearranged ride, as defined 2 in section 321N.1, provided the vehicle is not in motion. 3 (10) A person using an electronic device for the purpose of 4 accessing or using a fleet management system. 5 3. Nothing in this section shall be construed to authorize 6 a peace officer to confiscate a hand-held an electronic 7 communication device from the driver or occupant of a motor 8 vehicle. 9 4. a. A person convicted of a violation of this section 10 is guilty of a simple misdemeanor punishable as a scheduled 11 violation under section 805.8A, subsection 14 , paragraph “l” . 12 b. A violation of this section shall not be considered a 13 moving violation for purposes of this chapter or and rules 14 adopted pursuant to this chapter . 15 c. Notwithstanding paragraphs “a” and “b” , a peace officer 16 shall issue a warning memorandum in lieu of a citation to a 17 person for violating this section. This paragraph is repealed 18 January 1, 2024. 19 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code 20 2023, is amended to read as follows: 21 Notwithstanding section 321.482 , a person who is convicted 22 of operating a motor vehicle in violation of section 321.178, 23 subsection 2 , paragraph “a” , subparagraph (2), section 24 321.180B, subsection 6 , section 321.194, subsection 2 , 25 paragraph “b” , subparagraph (2), section 321.256 , 321.257 , 26 section 321.275, subsection 4 , section 321.276 , 321.297 , 27 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 28 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 29 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 30 subsection 3 , or section 321.449B , causing serious injury to 31 or the death of another person may be subject to the following 32 penalties in addition to the penalty provided for a scheduled 33 violation in section 805.8A or any other penalty provided by 34 law: 35 -5- LSB 1071XS (2) 90 th/ns 5/ 8

S.F. 60 Sec. 12. Section 321.555, subsection 2, Code 2023, is 1 amended to read as follows: 2 2. Six or more of any separate and distinct offenses within 3 a two-year period in the operation of a motor vehicle, which 4 are required to be reported to the department by section 5 321.491 or chapter 321C , except equipment violations, parking 6 violations as defined in section 321.210 , violations of 7 registration laws, violations of sections 321.445 and 321.446 , 8 violations of section 321.276 , operating a vehicle with an 9 expired license or permit, failure to appear, weights and 10 measures violations and speeding violations of less than 11 fifteen miles per hour over the legal speed limit. 12 Sec. 13. Section 707.6A, subsection 2, paragraph a, 13 subparagraphs (1), (2), and (3), Code 2023, are amended by 14 striking the subparagraphs and inserting in lieu thereof the 15 following: 16 (1) For purposes of this paragraph “a” , a person’s use of 17 an electronic device while driving a motor vehicle shall be 18 considered prima facie evidence that the person was driving 19 the motor vehicle in a reckless manner with willful or wanton 20 disregard for the safety of persons or property, in violation 21 of section 321.277. 22 (2) Subparagraph (1) does not apply to any of the following: 23 (a) A person using an electronic device in a voice-activated 24 or hands-free mode. 25 (b) A person listed in section 321.276, subsection 2, 26 paragraph “b” . 27 (3) For purposes of this paragraph “a” , the following 28 definitions apply: 29 (a) “Electronic device” means the same as defined in section 30 321.276. 31 (b) “Use” means the same as defined in section 321.276. 32 (c) “Voice-activated or hands-free mode” means the same as 33 defined in section 321.276. 34 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code 35 -6- LSB 1071XS (2) 90 th/ns 6/ 8

S.F. 60 2023, is amended by striking the paragraph. 1 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code 2 2023, is amended to read as follows: 3 l. Writing, sending, or viewing an Use of electronic message 4 device while driving violations. For violations under section 5 321.276 , the scheduled fine is forty-five one hundred dollars. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 Under current law, Code section 321.276 prohibits the use of 10 hand-held electronic communication devices to write, send, or 11 view electronic messages while driving a motor vehicle. This 12 bill expands Code section 321.276 to prohibit any use of an 13 electronic device while driving. The bill defines the terms 14 “electronic device”, “use”, and “voice-activated or hands-free 15 mode”. The bill allows the use of an electronic device if the 16 vehicle is at a complete stop off the traveled portion of the 17 roadway, or as far away from the center of the roadway as is 18 practicable if the vehicle cannot be entirely removed. 19 The bill provides exceptions for the use of an electronic 20 device in a voice-activated or hands-free mode, for members of 21 a public safety agency performing official duties, for health 22 care professionals in the course of emergency situations, 23 for the purpose of receiving safety-related information, 24 for the purpose of reporting an emergency situation, for 25 persons operating an implement of husbandry, for certain radio 26 operators, for members of a public transit system performing 27 official duties while in a vehicle that is not in motion, for 28 utility maintenance employees or contractors for the purpose of 29 providing utility services, for transportation network company 30 drivers engaged in a prearranged ride while the vehicle is 31 not in motion, and for persons using an electronic device for 32 the purpose of accessing or using a fleet management system. 33 Under current law, to be considered an implement of husbandry, 34 a vehicle must be manufactured, designed, or reconstructed 35 -7- LSB 1071XS (2) 90 th/ns 7/ 8

S.F. 60 for agricultural purposes, exclusively used in the conduct 1 of agricultural operations except for incidental uses, and 2 operated at speeds of 35 miles per hour or less. 3 The bill makes a violation of Code section 321.276 a moving 4 violation. Under current law, a moving violation can be 5 considered for purposes of administrative suspension of a 6 driver’s license or to establish habitual offender status. 7 However, a peace officer is required to issue a warning 8 memorandum in lieu of a citation for violations that occur 9 during the period between the effective date of the bill and 10 January 1, 2024. 11 The bill increases the scheduled fine for a violation of Code 12 section 321.276 from $45 to $100. Under Code section 321.482A, 13 if a person is convicted for a violation and the violation 14 causes a serious injury, a court could impose an additional 15 fine of $500 or suspend the person’s driver’s license for not 16 more than 90 days, or both. If a person is convicted for a 17 violation and the violation causes a death, a court could 18 impose an additional fine of $1,000 or suspend the person’s 19 driver’s license for not more than 180 days, or both. By 20 operation of law, a person issued a warning memorandum under 21 the bill is not subject to the enhanced penalties under Code 22 section 321.482A. 23 The bill makes corresponding changes to Code sections 24 321.238 (preemption of local legislation) and 707.6A (homicide 25 or serious injury by vehicle) to align those provisions to the 26 provisions of Code section 321.276 as amended by the bill. 27 The bill also makes corresponding changes to Code sections 28 321.178, 321.180B, and 321.194, by striking provisions relating 29 to the use of electronic communication devices while driving 30 by persons under the age of 18 who are issued certain types 31 of driver’s licenses, thereby making Code section 321.276 as 32 amended by the bill applicable to such persons. 33 -8- LSB 1071XS (2) 90 th/ns 8/ 8