House File 2456 - Reprinted HOUSE FILE 2456 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 2021) (COMPANION TO LSB 5533SV BY COMMITTEE ON TRANSPORTATION) (As Amended and Passed by the House February 23, 2010 ) A BILL FOR An Act concerning the use of electronic communication devices 1 while driving, including prohibiting a person from writing 2 or sending a text message while driving a motor vehicle and 3 providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 2456 (8) 83 dea/nh/mb

H.F. 2456 Section 1. Section 321.210, subsection 2, Code 2009, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. Violations of section 321.276. 3 Sec. 2. NEW SECTION . 321.276 Use of electronic 4 communication device while driving —— text messaging. 5 1. For purposes of this section: 6 a. “Engage in a call” means talking or listening on a mobile 7 telephone or other portable electronic communication device. 8 b. “ Hand-held electronic communication device” means a mobile 9 telephone or other portable electronic communication device 10 capable of being used to write, send, or read a text message. 11 “Hand-held electronic communication device” does not include a 12 voice-operated or hands-free device which allows the user to 13 write, send, or read a text message without the use of either 14 hand except to activate or deactivate a feature or function. 15 “Hand-held electronic communication device” includes a device 16 which is temporarily mounted inside the motor vehicle, unless 17 the device is a voice-operated or hands-free device. 18 c. “Text message” includes a text-based message, an instant 19 message, and electronic mail. 20 d. The terms “write” , “send” , and “read” , with respect 21 to a text message, mean the manual entry, transmission, and 22 retrieval of a text message, respectively, to communicate with 23 any other person or device. 24 2. A person shall not use a hand-held electronic 25 communication device to write or send a text message while 26 driving a motor vehicle unless the motor vehicle is at a 27 complete stop off the roadway. A person is not writing or 28 sending a text message when using a global positioning system 29 or navigation system or when, for the purpose of engaging in a 30 call, the person selects or enters a telephone number or name 31 in a hand-held mobile telephone or activates, deactivates, or 32 initiates a function of a hand-held mobile telephone. 33 3. The provisions of this section shall be implemented 34 uniformly throughout the state. The provisions of this section 35 -1- HF 2456 (8) 83 dea/nh/mb 1/ 3

H.F. 2456 shall preempt any local county or municipal ordinance regarding 1 the use of an electronic communication device by a motor 2 vehicle operator. In addition, a county or municipality shall 3 not adopt or continue in effect an ordinance regarding the 4 use of an electronic communication device by a motor vehicle 5 operator. 6 4. Nothing in this section shall be construed to authorize a 7 peace officer to confiscate a portable electronic communication 8 device from the driver or occupant of a motor vehicle. 9 5. 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 “k” . 12 b. A violation of this section shall not be considered a 13 moving violation for purposes of this chapter or rules adopted 14 pursuant to this chapter. 15 6. For the period beginning July 1, 2010, through June 30, 16 2011, peace officers shall issue only warning citations for 17 violations of this section. The department, in cooperation 18 with the department of public safety, shall establish 19 educational programs to foster compliance with the requirements 20 of this section. 21 Sec. 3. Section 321.482A, unnumbered paragraph 1, Code 22 2009, is amended to read as follows: 23 Notwithstanding section 321.482, a person who is convicted 24 of operating a motor vehicle in violation of section 321.275, 25 subsection 4, section 321.276, 321.297, 321.298, 321.299, 26 321.302, 321.303, 321.304, 321.305, 321.306, 321.307, 321.308, 27 section 321.309, subsection 2, or section 321.311, 321.319, 28 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324, 29 321.324A, 321.327, 321.329, or 321.333 causing serious injury 30 to or the death of another person may be subject to the 31 following penalties in addition to the penalty provided for 32 a scheduled violation in section 805.8A or any other penalty 33 provided by law: 34 Sec. 4. Section 321.555, subsection 2, Code 2009, is amended 35 -2- HF 2456 (8) 83 dea/nh/mb 2/ 3

H.F. 2456 to read as follows: 1 2. Six or more of any separate and distinct offenses within 2 a two-year period in the operation of a motor vehicle, which 3 are required to be reported to the department by section 4 321.491 or chapter 321C, except equipment violations, parking 5 violations as defined in section 321.210, violations of 6 registration laws, violations of sections 321.445 and 321.446, 7 violations of section 321.276, operating a vehicle with an 8 expired license or permit, failure to appear, weights and 9 measures violations and speeding violations of less than 10 fifteen miles per hour over the legal speed limit. 11 Sec. 5. Section 805.8A, subsection 14, Code Supplement 12 2009, is amended by adding the following new paragraph: 13 NEW PARAGRAPH . k. Text-messaging while driving 14 violations. For violations under section 321.276, the scheduled 15 fine is thirty dollars. 16 -3- HF 2456 (8) 83 dea/nh/mb 3/ 3