HF 2437 (LSB 6749YH (3) 91)

HOUSE FILE 2437

BY  KNIFF McCULLA

A BILL FOR

An Act relating to the use of an electronic device by deaf or hard-of-hearing persons to communicate in American sign language while driving, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.276, subsection 2, paragraph b, Code 2026, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (11)  A deaf or hard-of-hearing person using an electronic device to communicate in American sign language if the person is at least twenty-five years old and holds a driver’s license marked to reflect the person’s deaf or hard-of-hearing status on the face of the license, including as provided in section 321.189, subsection 9, or a similar provision for the jurisdiction that issued the license. A person using an electronic device pursuant to this subparagraph shall not touch the device while driving the vehicle unless the vehicle is at a complete stop. The electronic device must remain fixed to the vehicle in a manner and location that does not obstruct the person’s view or operation of the vehicle.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person is prohibited from using an electronic device while driving a motor vehicle unless the motor vehicle is at a complete stop 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 person may use an electronic device in a voice-activated or hands-free mode. Exceptions to the general prohibition are provided, and this bill adds to the exceptions by authorizing a deaf or hard-of-hearing person to use an electronic device to communicate in American sign language while driving. The person must be at least 25 years old and hold a driver’s license that is marked to reflect the person’s deaf or hard-of-hearing status on the face of the license.
   A person using an electronic device pursuant to the bill is prohibited from touching the device while driving the vehicle unless the vehicle is at a complete stop. In addition, the electronic device must remain fixed to the vehicle in an unobstructive manner and location.
   A person who violates Code section 321.276 commits a simple misdemeanor punishable by a $100 scheduled fine and the violation is considered a moving violation for purposes of administrative driver’s license sanctions.