HSB 64 (LSB 1610YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON YOUNG)

A BILL FOR

An Act relating to the use of an electronic device in a voice-activated or hands-free mode while driving, providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.178, subsection 2, paragraph a, subparagraph (2), Code 2025, is amended by striking the subparagraph.
    Sec. 2.  Section 321.178, subsection 2, paragraphs b and c, Code 2025, are amended to read as follows:
   b.  The department may suspend a restricted work license issued under this subsection 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 work license issued under this subsection 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 described in section 321.210. After revoking a restricted work license under this paragraph, the department shall not grant an application for a new driver’s license or instruction 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 2025, 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 2025, is amended by striking the subsection.
    Sec. 5.  Section 321.180B, subsection 7, Code 2025, 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 subsections 1, and 2, or 6 shall not be considered a moving violation.
    Sec. 6.  Section 321.194, subsection 5, paragraph d, Code 2025, is amended by striking the paragraph.
    Sec. 7.  Section 321.210, subsection 2, paragraph e, Code 2025, is amended by striking the paragraph.
    Sec. 8.  Section 321.238, Code 2025, 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 2025, 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, viewing, or manipulating an electronic device.
   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 2025, 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 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.  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.
   (4)  A person 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.
   (5)  A person operating an implement of husbandry.
   (6)  A person using a two-way radio transmitter or receiver who is licensed with the federal communications commission in amateur radio service.
   (7)  A member of a public transit system, as defined in section 324A.1, performing official duties while in a vehicle that is not in motion.
   (8)  A utility maintenance employee or contractor using an electronic device while in a utility maintenance vehicle, for the purpose of providing utility services including but not limited to cable, electric, natural gas, telephone, telecommunication, water, and wastewater treatment services, provided the employee or contractor is acting within the scope of their employment or agency.
   (9)  A transportation network company driver, as defined in section 321N.1, while engaged in a prearranged ride, as defined in section 321N.1, provided the vehicle is not in motion.
   (10)  A person using an electronic device for the purpose of accessing or using a fleet management system.
   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 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, 2026.
    Sec. 11.  Section 321.482A, unnumbered paragraph 1, Code 2025, 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 5, paragraph “d”, 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. 12.  Section 321.555, subsection 2, Code 2025, 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. 13.  Section 707.6A, subsection 2, paragraph a, subparagraphs (1), (2), and (3), Code 2025, 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. 14.  Section 805.8A, subsection 4, paragraph c, Code 2025, is amended by striking the paragraph.
    Sec. 15.  Section 805.8A, subsection 14, paragraph l, Code 2025, 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 one hundred dollars.
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, 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 allows the use of an electronic device if the 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.
   The bill provides exceptions for the use of an electronic device in a voice-activated or hands-free mode, for members of a public safety agency performing official duties, for health care professionals in the course of emergency situations, for the purpose of receiving safety-related information, for the purpose of reporting an emergency situation, for persons operating an implement of husbandry, for certain radio operators, for members of a public transit system performing official duties while in a vehicle that is not in motion, for utility maintenance employees or contractors for the purpose of providing utility services, for transportation network company drivers engaged in a prearranged ride while the vehicle is not in motion, and for persons using an electronic device for the purpose of accessing or using a fleet management system. Under current law, to be considered an implement of husbandry, a vehicle must be manufactured, designed, or reconstructed for agricultural purposes, exclusively used in the conduct of agricultural operations except for incidental uses, and operated at speeds of 35 miles per hour or less.
   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, 2026.
   The bill increases the scheduled fine for a violation of Code section 321.276 from $45 to $100. 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.