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House File 74 - IntroducedA Bill ForAn Act 1relating to hands-free operation of electronic
2communication devices while driving, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.276, subsection 1, paragraph b, Code
22021, is amended by striking the paragraph and inserting in
3lieu thereof the following:
4b. “Fixed unit global positioning system or navigation
5system” means an electronic device mounted inside of a motor
6vehicle that is capable of providing navigation directions to a
7driver based on data entered into the device.
8 Sec. 2. Section 321.276, subsection 1, paragraph c, Code
92021, is amended to read as follows:
10c. “Hand-held electronic communication device” means a mobile
11telephone or other portable electronic communication device
12capable of being used to write, send, or view an electronic
13message. “Hand-held electronic communication device” does not
14include a voice-operated or hands-free device which allows the
15user to write, send, or view an electronic message without the
16use of either hand except to activate or deactivate a feature
17or function. “Hand-held electronic communication device” does
18not include a wireless communication device used to transmit or
19receive data as part of a digital dispatch system. “Hand-held
20electronic communication device” includes a device which is
21temporarily mounted inside the motor vehicle, unless the device
22is a voice-operated or hands-free device.
23 Sec. 3. Section 321.276, subsection 1, Code 2021, is amended
24by adding the following new paragraph:
25 NEW PARAGRAPH. 0d. “Mobile telephone” means the same as
26defined in 49 C.F.R. §383.5.
27 Sec. 4. Section 321.276, subsection 2, Code 2021, is amended
28to read as follows:
292. A person shall not use a hand-held electronic
30communication device to write, send, or view an electronic
31message while driving a motor vehicle unless the motor vehicle
32is at a complete stop off the traveled portion of the roadway,
33or unless the hand-held electronic communication device is
34specifically designed and configured to allow hands-free
35operation and is used in that manner while driving.
-1- 1a. A person does not violate this section by using a fixed
2unit global positioning system or navigation system or when,
3for the purpose of engaging in a call, the person selects
4or enters a telephone number or name in a hand-held mobile
5telephone or activates, deactivates, or initiates a function of
6a hand-held mobile telephone to receive navigation directions,
7provided the person does not manually enter data into the fixed
8unit global positioning system or navigation system while
9operating the motor vehicle.
10b. The provisions of this subsection relating to writing,
11sending, or viewing an electronic message the use of a
12hand-held electronic communication device do not apply to the
13following persons:
14(1) A member of a public safety agency, as defined in
15section 34.1, performing official duties.
16(2) A health care professional in the course of an emergency
17situation.
18(3) A person receiving safety-related information including
19emergency, traffic, or weather alerts.
20 Sec. 5. Section 707.6A, subsection 2, paragraph a,
21unnumbered paragraph 1, Code 2021, is amended to read as
22follows:
23Driving a motor vehicle in a reckless manner with willful
24or wanton disregard for the safety of persons or property,
25in violation of section 321.277. For the purposes of
26this paragraph, a person’s use of a hand-held electronic
27communication device while driving a motor vehicle in violation
28of section 321.276 shall be considered prima facie evidence
29that the person was driving the motor vehicle in a reckless
30manner with willful or wanton disregard for the safety of
31persons or property, in violation of section 321.277.
32 Sec. 6. Section 707.6A, subsection 2, paragraph a,
33subparagraphs (1), (2), and (3), Code 2021, are amended by
34striking the subparagraphs.
35 Sec. 7. Section 805.8A, subsection 14, paragraph l, Code
-2-12021, is amended to read as follows:
2l. Writing, sending, or viewing an Use of hand-held
3 electronic message communication device while driving
4violations. For violations under section 321.276, the scheduled
5fine is forty-five dollars.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill prohibits a person from using a hand-held
10electronic communication device while driving a motor vehicle
11unless the motor vehicle is at a complete stop off the traveled
12portion of the roadway, or unless the hand-held electronic
13communication device is specifically designed and configured
14to allow hands-free operation and is used in that manner while
15driving.
16The bill provides that a person does not violate Code section
17321.276 by using a fixed unit global positioning system or
18navigation system to receive navigation directions, provided
19the person does not manually enter data into the fixed unit
20global positioning system or navigation system while operating
21the vehicle.
22A violation of Code section 321.276 is punishable by
23a scheduled fine of $45. The offense is not a moving
24violation, and therefore cannot be considered for purposes of
25administrative suspension of a driver’s license or to establish
26habitual offender status. However, if the violation causes a
27serious injury, a court could impose an additional fine of $500
28or suspend the person’s driver’s license for not more than 90
29days, or both. If the violation causes a death, a court could
30impose an additional fine of $1,000 or suspend the person’s
31driver’s license for not more than 180 days, or both.
32The bill aligns provisions in Code section 707.6A (homicide
33or serious injury by vehicle) relating to the use of a
34hand-held electronic communication device to the provisions of
35Code section 321.276 as amended by the bill.
-3-th/ns
2communication devices while driving, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.276, subsection 1, paragraph b, Code
22021, is amended by striking the paragraph and inserting in
3lieu thereof the following:
4b. “Fixed unit global positioning system or navigation
5system” means an electronic device mounted inside of a motor
6vehicle that is capable of providing navigation directions to a
7driver based on data entered into the device.
8 Sec. 2. Section 321.276, subsection 1, paragraph c, Code
92021, is amended to read as follows:
10c. “Hand-held electronic communication device” means a mobile
11telephone or other portable electronic communication device
12capable of being used to write, send, or view an electronic
13message. “Hand-held electronic communication device” does not
14include a voice-operated or hands-free device which allows the
15user to write, send, or view an electronic message without the
16use of either hand except to activate or deactivate a feature
17or function. “Hand-held electronic communication device” does
18not include a wireless communication device used to transmit or
19receive data as part of a digital dispatch system. “Hand-held
20electronic communication device” includes a device which is
21temporarily mounted inside the motor vehicle, unless the device
22is a voice-operated or hands-free device.
23 Sec. 3. Section 321.276, subsection 1, Code 2021, is amended
24by adding the following new paragraph:
25 NEW PARAGRAPH. 0d. “Mobile telephone” means the same as
26defined in 49 C.F.R. §383.5.
27 Sec. 4. Section 321.276, subsection 2, Code 2021, is amended
28to read as follows:
292. A person shall not use a hand-held electronic
30communication device to write, send, or view an electronic
31message while driving a motor vehicle unless the motor vehicle
32is at a complete stop off the traveled portion of the roadway,
33or unless the hand-held electronic communication device is
34specifically designed and configured to allow hands-free
35operation and is used in that manner while driving.
-1- 1a. A person does not violate this section by using a fixed
2unit global positioning system or navigation system or when,
3for the purpose of engaging in a call, the person selects
4or enters a telephone number or name in a hand-held mobile
5telephone or activates, deactivates, or initiates a function of
6a hand-held mobile telephone to receive navigation directions,
7provided the person does not manually enter data into the fixed
8unit global positioning system or navigation system while
9operating the motor vehicle.
10b. The provisions of this subsection relating to writing,
11sending, or viewing an electronic message the use of a
12hand-held electronic communication device do not apply to the
13following persons:
14(1) A member of a public safety agency, as defined in
15section 34.1, performing official duties.
16(2) A health care professional in the course of an emergency
17situation.
18(3) A person receiving safety-related information including
19emergency, traffic, or weather alerts.
20 Sec. 5. Section 707.6A, subsection 2, paragraph a,
21unnumbered paragraph 1, Code 2021, is amended to read as
22follows:
23Driving a motor vehicle in a reckless manner with willful
24or wanton disregard for the safety of persons or property,
25in violation of section 321.277. For the purposes of
26this paragraph, a person’s use of a hand-held electronic
27communication device while driving a motor vehicle in violation
28of section 321.276 shall be considered prima facie evidence
29that the person was driving the motor vehicle in a reckless
30manner with willful or wanton disregard for the safety of
31persons or property, in violation of section 321.277.
32 Sec. 6. Section 707.6A, subsection 2, paragraph a,
33subparagraphs (1), (2), and (3), Code 2021, are amended by
34striking the subparagraphs.
35 Sec. 7. Section 805.8A, subsection 14, paragraph l, Code
-2-12021, is amended to read as follows:
2l. Writing, sending, or viewing an Use of hand-held
3 electronic message communication device while driving
4violations. For violations under section 321.276, the scheduled
5fine is forty-five dollars.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill prohibits a person from using a hand-held
10electronic communication device while driving a motor vehicle
11unless the motor vehicle is at a complete stop off the traveled
12portion of the roadway, or unless the hand-held electronic
13communication device is specifically designed and configured
14to allow hands-free operation and is used in that manner while
15driving.
16The bill provides that a person does not violate Code section
17321.276 by using a fixed unit global positioning system or
18navigation system to receive navigation directions, provided
19the person does not manually enter data into the fixed unit
20global positioning system or navigation system while operating
21the vehicle.
22A violation of Code section 321.276 is punishable by
23a scheduled fine of $45. The offense is not a moving
24violation, and therefore cannot be considered for purposes of
25administrative suspension of a driver’s license or to establish
26habitual offender status. However, if the violation causes a
27serious injury, a court could impose an additional fine of $500
28or suspend the person’s driver’s license for not more than 90
29days, or both. If the violation causes a death, a court could
30impose an additional fine of $1,000 or suspend the person’s
31driver’s license for not more than 180 days, or both.
32The bill aligns provisions in Code section 707.6A (homicide
33or serious injury by vehicle) relating to the use of a
34hand-held electronic communication device to the provisions of
35Code section 321.276 as amended by the bill.
-3-th/ns