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Senate File 207 - IntroducedA Bill ForAn Act 1relating to the use of an electronic device in a
2voice-activated or hands-free mode while driving, providing
3penalties, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.178, subsection 2, paragraph
2a, subparagraph (2), Code 2023, is amended by striking the
3subparagraph.
4 Sec. 2. Section 321.178, subsection 2, paragraphs b and c,
5Code 2023, are amended to read as follows:
6b. The department may suspend a restricted driver’s license
7issued under this section upon receiving satisfactory evidence
8that the licensee has violated the restrictions imposed under
9paragraph “a”, subparagraph (2), subparagraph division (a).
10 The department may also suspend a restricted license issued
11under this section upon receiving a record of the person’s
12conviction for one violation and shall revoke the license upon
13receiving a record of conviction for two or more violations
14of a law of this state or a city ordinance regulating the
15operation of motor vehicles on highways, other than parking
16violations as defined in section 321.210. After revoking a
17license under this section the department shall not grant an
18application for a new license or permit until the expiration
19of one year or until the person attains the age of eighteen,
20whichever is the longer period.
21c. A person who violates the restrictions imposed under
22paragraph “a”, subparagraph (2), subparagraph division (a),
23may be issued a citation under this section and shall not be
24issued a citation under section 321.193. A violation of the
25restrictions imposed under paragraph “a”, subparagraph (2),
26subparagraph division (a), shall not be considered a moving
27violation.
28 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. The department may suspend an instruction permit,
31intermediate license, or full license issued under this section
32upon receiving satisfactory evidence that the person issued
33the instruction permit, intermediate license, or full license
34violated the restrictions imposed under subsection 1, or 2, or
356 during the term of the instruction permit or intermediate
-1-1license.
2 Sec. 4. Section 321.180B, subsection 6, Code 2023, is
3amended by striking the subsection.
4 Sec. 5. Section 321.180B, subsection 7, Code 2023, is
5amended to read as follows:
67. Citations for violation of restrictions. A person who
7violates the restrictions imposed under subsection 1, or 2, or
86 may be issued a citation under this section and shall not be
9issued a citation under section 321.193. A violation of the
10restrictions imposed under subsection 1, or 2, or 6 shall not
11be considered a moving violation.
12 Sec. 6. Section 321.194, subsection 2, paragraph b,
13subparagraph (2), Code 2023, is amended by striking the
14subparagraph.
15 Sec. 7. Section 321.210, subsection 2, paragraph e, Code
162023, is amended by striking the paragraph.
17 Sec. 8. Section 321.238, Code 2023, is amended to read as
18follows:
19321.238 Use of electronic devices while driving — preemption
20of local legislation.
21The provisions of this chapter restricting the use of
22electronic communication devices and electronic entertainment
23 devices by motor vehicle operators shall be implemented
24uniformly throughout the state. Such provisions shall preempt
25any county or municipal ordinance regarding the use of an
26electronic communication device or electronic entertainment
27 device by a motor vehicle operator. In addition, a county or
28municipality shall not adopt or continue in effect an ordinance
29regarding the use of an electronic communication device or
30electronic entertainment device by a motor vehicle operator.
31 Sec. 9. Section 321.276, subsection 1, Code 2023, is amended
32by striking the subsection and inserting in lieu thereof the
33following:
341. For purposes of this section:
35a. “Electronic device” means a device that is powered by
-2-1electricity, including by a battery, and that is capable of
2being used to compose, send, receive, or read an electronic
3message, or that is capable of storing, retrieving on-demand,
4or displaying videos, movies, broadcast television images,
5visual images, or audio or video data files. “Electronic
6device” includes but is not limited to a telephone including
7a cellular telephone, personal digital assistant, portable
8or mobile computer including a tablet, two-way messaging
9device, electronic gaming device, and any substantially similar
10portable device that is used to initiate, store, or receive
11electronic communication, information, or data. “Electronic
12device” does not include a device that is physically or
13electronically integrated into a motor vehicle, including but
14not limited to an integrated global positioning system or
15navigation system when the destination is entered into such
16system before the vehicle is in motion.
17b. “Use” includes but is not limited to holding, viewing, or
18manipulating an electronic device.
19c. “Voice-activated or hands-free mode” means an attachment,
20accessory, application, wireless connection, or built-in
21feature of an electronic device or motor vehicle that allows
22a person to use verbal commands or a single touch to activate
23or deactivate the device or a function or software application
24of the device. “Voice-activated or hands-free mode” does not
25include accessing nonnavigation video content, engaging in a
26video call, accessing or engaging in video streaming, accessing
27gaming data, or reading an electronic message or notification.
28 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code
292023, are amended to read as follows:
302. A person shall not use a hand-held an electronic
31communication device to write, send, or view an electronic
32message while driving a motor vehicle unless the motor vehicle
33is at a complete stop off the traveled portion of the roadway,
34or as far away from the center of the roadway as is practicable
35if the vehicle cannot be entirely removed from the traveled
-3-1portion of the roadway.
2a. A person does not violate this section by using a global
3positioning system or navigation system or when, for the
4purpose of engaging in a call, the person selects or enters a
5telephone number or name in a hand-held mobile telephone or
6activates, deactivates, or initiates a function of a hand-held
7mobile telephone an electronic device in a voice-activated or
8hands-free mode.
9b. The provisions of this subsection relating to writing,
10sending, or viewing an electronic message the use of an
11electronic device do not apply to the following persons:
12(1) A member of a public safety agency, as defined in
13section 34.1, performing official duties.
14(2) A health care professional in the course of an emergency
15situation.
16(3) A person receiving safety-related information including
17emergency, traffic, or weather alerts.
18(4) A person using an electronic device for the purpose
19of reporting an emergency situation, including any continued
20communication with emergency personnel during the emergency
21situation, or public transit personnel responding to a
22transit-specific situation.
23(5) A person operating an implement of husbandry.
24(6) A person using a two-way radio transmitter or receiver
25who is licensed with the federal communications commission in
26amateur radio service.
27(7) A member of a public transit system, as defined in
28section 324A.1, performing official duties while in a vehicle
29that is not in motion.
30(8) A utility maintenance employee or contractor using
31an electronic device while in a utility maintenance vehicle,
32for the purpose of providing utility services including
33but not limited to cable, electric, natural gas, telephone,
34telecommunication, water, and wastewater treatment services,
35provided the employee or contractor is acting within the scope
-4-1of their employment or agency.
2(9) A transportation network company driver, as defined in
3section 321N.1, while engaged in a prearranged ride, as defined
4in section 321N.1, provided the vehicle is not in motion.
5(10) A person using an electronic device for the purpose of
6accessing or using a fleet management system.
73. Nothing in this section shall be construed to authorize
8a peace officer to confiscate a hand-held an electronic
9communication device from the driver or occupant of a motor
10vehicle.
114. a. A person convicted of a violation of this section
12is guilty of a simple misdemeanor punishable as a scheduled
13violation under section 805.8A, subsection 14, paragraph “l”.
14b. A violation of this section shall not be considered a
15moving violation for purposes of this chapter or and rules
16adopted pursuant to this chapter.
17c. Notwithstanding paragraphs “a” and “b”, a peace officer
18shall issue a warning memorandum in lieu of a citation to a
19person for violating this section. This paragraph is repealed
20January 1, 2024.
21 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code
222023, is amended to read as follows:
23Notwithstanding section 321.482, a person who is convicted
24of operating a motor vehicle in violation of section 321.178,
25subsection 2, paragraph “a”, subparagraph (2), section
26321.180B, subsection 6, section 321.194, subsection 2,
27paragraph “b”, subparagraph (2), section 321.256, 321.257,
28section 321.275, subsection 4, section 321.276, 321.297,
29321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
30321.307, 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
31321.324, 321.324A, 321.327, 321.329, 321.333, section 321.372,
32subsection 3, or section 321.449B, causing serious injury to
33or the death of another person may be subject to the following
34penalties in addition to the penalty provided for a scheduled
35violation in section 805.8A or any other penalty provided by
-5-1law:
2 Sec. 12. Section 321.555, subsection 2, Code 2023, is
3amended to read as follows:
42. Six or more of any separate and distinct offenses within
5a two-year period in the operation of a motor vehicle, which
6are required to be reported to the department by section
7321.491 or chapter 321C, except equipment violations, parking
8violations as defined in section 321.210, violations of
9registration laws, violations of sections 321.445 and 321.446,
10violations of section 321.276, operating a vehicle with an
11expired license or permit, failure to appear, weights and
12measures violations and speeding violations of less than
13fifteen miles per hour over the legal speed limit.
14 Sec. 13. Section 707.6A, subsection 2, paragraph a,
15subparagraphs (1), (2), and (3), Code 2023, are amended by
16striking the subparagraphs and inserting in lieu thereof the
17following:
18(1) For purposes of this paragraph “a”, a person’s use of
19an electronic device while driving a motor vehicle shall be
20considered prima facie evidence that the person was driving
21the motor vehicle in a reckless manner with willful or wanton
22disregard for the safety of persons or property, in violation
23of section 321.277.
24(2) Subparagraph (1) does not apply to any of the following:
25(a) A person using an electronic device in a voice-activated
26or hands-free mode.
27(b) A person listed in section 321.276, subsection 2,
28paragraph “b”.
29(3) For purposes of this paragraph “a”, the following
30definitions apply:
31(a) “Electronic device” means the same as defined in section
32321.276.
33(b) “Use” means the same as defined in section 321.276.
34(c) “Voice-activated or hands-free mode” means the same as
35defined in section 321.276.
-6-1 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code
22023, is amended by striking the paragraph.
3 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code
42023, is amended to read as follows:
5l. Writing, sending, or viewing an Use of electronic message
6 device while driving violations. For violations under section
7321.276, the scheduled fine is forty-five one hundred dollars.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11Under current law, Code section 321.276 prohibits the use of
12hand-held electronic communication devices to write, send, or
13view electronic messages while driving a motor vehicle. This
14bill expands Code section 321.276 to prohibit any use of an
15electronic device while driving. The bill defines the terms
16“electronic device”, “use”, and “voice-activated or hands-free
17mode”. The bill allows the use of an electronic device if the
18vehicle is at a complete stop off the traveled portion of the
19roadway, or as far away from the center of the roadway as is
20practicable if the vehicle cannot be entirely removed.
21The bill provides exceptions for the use of an electronic
22device in a voice-activated or hands-free mode, for members of
23a public safety agency performing official duties, for health
24care professionals in the course of emergency situations,
25for the purpose of receiving safety-related information,
26for the purpose of reporting an emergency situation, for
27persons operating an implement of husbandry, for certain radio
28operators, for members of a public transit system performing
29official duties while in a vehicle that is not in motion, for
30utility maintenance employees or contractors for the purpose of
31providing utility services, for transportation network company
32drivers engaged in a prearranged ride while the vehicle is
33not in motion, and for persons using an electronic device for
34the purpose of accessing or using a fleet management system.
35Under current law, to be considered an implement of husbandry,
-7-1a vehicle must be manufactured, designed, or reconstructed
2for agricultural purposes, exclusively used in the conduct
3of agricultural operations except for incidental uses, and
4operated at speeds of 35 miles per hour or less.
5The bill makes a violation of Code section 321.276 a moving
6violation. Under current law, a moving violation can be
7considered for purposes of administrative suspension of a
8driver’s license (Code section 321.210; 761 IAC 615.12) or to
9establish habitual offender status (Code section 321.555).
10However, a peace officer is required to issue a warning
11memorandum in lieu of a citation for violations that occur
12during the period between the effective date of the bill and
13January 1, 2024.
14The bill increases the scheduled fine for a violation of Code
15section 321.276 from $45 to $100. Under Code section 321.482A,
16if a person is convicted for a violation and the violation
17causes a serious injury, a court could impose an additional
18fine of $500 or suspend the person’s driver’s license for not
19more than 90 days, or both. If a person is convicted for a
20violation and the violation causes a death, a court could
21impose an additional fine of $1,000 or suspend the person’s
22driver’s license for not more than 180 days, or both. By
23operation of law, a person issued a warning memorandum under
24the bill is not subject to the enhanced penalties under Code
25section 321.482A.
26The bill makes corresponding changes to Code sections
27321.238 (preemption of local legislation) and 707.6A (homicide
28or serious injury by vehicle) to align those provisions to the
29provisions of Code section 321.276 as amended by the bill.
30The bill also makes corresponding changes to Code sections
31321.178, 321.180B, and 321.194, by striking provisions relating
32to the use of electronic communication devices while driving
33by persons under the age of 18 who are issued certain types
34of driver’s licenses, thereby making Code section 321.276 as
35amended by the bill applicable to such persons.
-8-th/ns
2voice-activated or hands-free mode while driving, providing
3penalties, and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.178, subsection 2, paragraph
2a, subparagraph (2), Code 2023, is amended by striking the
3subparagraph.
4 Sec. 2. Section 321.178, subsection 2, paragraphs b and c,
5Code 2023, are amended to read as follows:
6b. The department may suspend a restricted driver’s license
7issued under this section upon receiving satisfactory evidence
8that the licensee has violated the restrictions imposed under
9paragraph “a”, subparagraph (2), subparagraph division (a).
10 The department may also suspend a restricted license issued
11under this section upon receiving a record of the person’s
12conviction for one violation and shall revoke the license upon
13receiving a record of conviction for two or more violations
14of a law of this state or a city ordinance regulating the
15operation of motor vehicles on highways, other than parking
16violations as defined in section 321.210. After revoking a
17license under this section the department shall not grant an
18application for a new license or permit until the expiration
19of one year or until the person attains the age of eighteen,
20whichever is the longer period.
21c. A person who violates the restrictions imposed under
22paragraph “a”, subparagraph (2), subparagraph division (a),
23may be issued a citation under this section and shall not be
24issued a citation under section 321.193. A violation of the
25restrictions imposed under paragraph “a”, subparagraph (2),
26subparagraph division (a), shall not be considered a moving
27violation.
28 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code
292023, is amended to read as follows:
30b. The department may suspend an instruction permit,
31intermediate license, or full license issued under this section
32upon receiving satisfactory evidence that the person issued
33the instruction permit, intermediate license, or full license
34violated the restrictions imposed under subsection 1, or 2, or
356 during the term of the instruction permit or intermediate
-1-1license.
2 Sec. 4. Section 321.180B, subsection 6, Code 2023, is
3amended by striking the subsection.
4 Sec. 5. Section 321.180B, subsection 7, Code 2023, is
5amended to read as follows:
67. Citations for violation of restrictions. A person who
7violates the restrictions imposed under subsection 1, or 2, or
86 may be issued a citation under this section and shall not be
9issued a citation under section 321.193. A violation of the
10restrictions imposed under subsection 1, or 2, or 6 shall not
11be considered a moving violation.
12 Sec. 6. Section 321.194, subsection 2, paragraph b,
13subparagraph (2), Code 2023, is amended by striking the
14subparagraph.
15 Sec. 7. Section 321.210, subsection 2, paragraph e, Code
162023, is amended by striking the paragraph.
17 Sec. 8. Section 321.238, Code 2023, is amended to read as
18follows:
19321.238 Use of electronic devices while driving — preemption
20of local legislation.
21The provisions of this chapter restricting the use of
22electronic communication devices and electronic entertainment
23 devices by motor vehicle operators shall be implemented
24uniformly throughout the state. Such provisions shall preempt
25any county or municipal ordinance regarding the use of an
26electronic communication device or electronic entertainment
27 device by a motor vehicle operator. In addition, a county or
28municipality shall not adopt or continue in effect an ordinance
29regarding the use of an electronic communication device or
30electronic entertainment device by a motor vehicle operator.
31 Sec. 9. Section 321.276, subsection 1, Code 2023, is amended
32by striking the subsection and inserting in lieu thereof the
33following:
341. For purposes of this section:
35a. “Electronic device” means a device that is powered by
-2-1electricity, including by a battery, and that is capable of
2being used to compose, send, receive, or read an electronic
3message, or that is capable of storing, retrieving on-demand,
4or displaying videos, movies, broadcast television images,
5visual images, or audio or video data files. “Electronic
6device” includes but is not limited to a telephone including
7a cellular telephone, personal digital assistant, portable
8or mobile computer including a tablet, two-way messaging
9device, electronic gaming device, and any substantially similar
10portable device that is used to initiate, store, or receive
11electronic communication, information, or data. “Electronic
12device” does not include a device that is physically or
13electronically integrated into a motor vehicle, including but
14not limited to an integrated global positioning system or
15navigation system when the destination is entered into such
16system before the vehicle is in motion.
17b. “Use” includes but is not limited to holding, viewing, or
18manipulating an electronic device.
19c. “Voice-activated or hands-free mode” means an attachment,
20accessory, application, wireless connection, or built-in
21feature of an electronic device or motor vehicle that allows
22a person to use verbal commands or a single touch to activate
23or deactivate the device or a function or software application
24of the device. “Voice-activated or hands-free mode” does not
25include accessing nonnavigation video content, engaging in a
26video call, accessing or engaging in video streaming, accessing
27gaming data, or reading an electronic message or notification.
28 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code
292023, are amended to read as follows:
302. A person shall not use a hand-held an electronic
31communication device to write, send, or view an electronic
32message while driving a motor vehicle unless the motor vehicle
33is at a complete stop off the traveled portion of the roadway,
34or as far away from the center of the roadway as is practicable
35if the vehicle cannot be entirely removed from the traveled
-3-1portion of the roadway.
2a. A person does not violate this section by using a global
3positioning system or navigation system or when, for the
4purpose of engaging in a call, the person selects or enters a
5telephone number or name in a hand-held mobile telephone or
6activates, deactivates, or initiates a function of a hand-held
7mobile telephone an electronic device in a voice-activated or
8hands-free mode.
9b. The provisions of this subsection relating to writing,
10sending, or viewing an electronic message the use of an
11electronic device do not apply to the following persons:
12(1) A member of a public safety agency, as defined in
13section 34.1, performing official duties.
14(2) A health care professional in the course of an emergency
15situation.
16(3) A person receiving safety-related information including
17emergency, traffic, or weather alerts.
18(4) A person using an electronic device for the purpose
19of reporting an emergency situation, including any continued
20communication with emergency personnel during the emergency
21situation, or public transit personnel responding to a
22transit-specific situation.
23(5) A person operating an implement of husbandry.
24(6) A person using a two-way radio transmitter or receiver
25who is licensed with the federal communications commission in
26amateur radio service.
27(7) A member of a public transit system, as defined in
28section 324A.1, performing official duties while in a vehicle
29that is not in motion.
30(8) A utility maintenance employee or contractor using
31an electronic device while in a utility maintenance vehicle,
32for the purpose of providing utility services including
33but not limited to cable, electric, natural gas, telephone,
34telecommunication, water, and wastewater treatment services,
35provided the employee or contractor is acting within the scope
-4-1of their employment or agency.
2(9) A transportation network company driver, as defined in
3section 321N.1, while engaged in a prearranged ride, as defined
4in section 321N.1, provided the vehicle is not in motion.
5(10) A person using an electronic device for the purpose of
6accessing or using a fleet management system.
73. Nothing in this section shall be construed to authorize
8a peace officer to confiscate a hand-held an electronic
9communication device from the driver or occupant of a motor
10vehicle.
114. a. A person convicted of a violation of this section
12is guilty of a simple misdemeanor punishable as a scheduled
13violation under section 805.8A, subsection 14, paragraph “l”.
14b. A violation of this section shall not be considered a
15moving violation for purposes of this chapter or and rules
16adopted pursuant to this chapter.
17c. Notwithstanding paragraphs “a” and “b”, a peace officer
18shall issue a warning memorandum in lieu of a citation to a
19person for violating this section. This paragraph is repealed
20January 1, 2024.
21 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code
222023, is amended to read as follows:
23Notwithstanding section 321.482, a person who is convicted
24of operating a motor vehicle in violation of section 321.178,
25subsection 2, paragraph “a”, subparagraph (2), section
26321.180B, subsection 6, section 321.194, subsection 2,
27paragraph “b”, subparagraph (2), section 321.256, 321.257,
28section 321.275, subsection 4, section 321.276, 321.297,
29321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
30321.307, 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
31321.324, 321.324A, 321.327, 321.329, 321.333, section 321.372,
32subsection 3, or section 321.449B, causing serious injury to
33or the death of another person may be subject to the following
34penalties in addition to the penalty provided for a scheduled
35violation in section 805.8A or any other penalty provided by
-5-1law:
2 Sec. 12. Section 321.555, subsection 2, Code 2023, is
3amended to read as follows:
42. Six or more of any separate and distinct offenses within
5a two-year period in the operation of a motor vehicle, which
6are required to be reported to the department by section
7321.491 or chapter 321C, except equipment violations, parking
8violations as defined in section 321.210, violations of
9registration laws, violations of sections 321.445 and 321.446,
10violations of section 321.276, operating a vehicle with an
11expired license or permit, failure to appear, weights and
12measures violations and speeding violations of less than
13fifteen miles per hour over the legal speed limit.
14 Sec. 13. Section 707.6A, subsection 2, paragraph a,
15subparagraphs (1), (2), and (3), Code 2023, are amended by
16striking the subparagraphs and inserting in lieu thereof the
17following:
18(1) For purposes of this paragraph “a”, a person’s use of
19an electronic device while driving a motor vehicle shall be
20considered prima facie evidence that the person was driving
21the motor vehicle in a reckless manner with willful or wanton
22disregard for the safety of persons or property, in violation
23of section 321.277.
24(2) Subparagraph (1) does not apply to any of the following:
25(a) A person using an electronic device in a voice-activated
26or hands-free mode.
27(b) A person listed in section 321.276, subsection 2,
28paragraph “b”.
29(3) For purposes of this paragraph “a”, the following
30definitions apply:
31(a) “Electronic device” means the same as defined in section
32321.276.
33(b) “Use” means the same as defined in section 321.276.
34(c) “Voice-activated or hands-free mode” means the same as
35defined in section 321.276.
-6-1 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code
22023, is amended by striking the paragraph.
3 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code
42023, is amended to read as follows:
5l. Writing, sending, or viewing an Use of electronic message
6 device while driving violations. For violations under section
7321.276, the scheduled fine is forty-five one hundred dollars.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11Under current law, Code section 321.276 prohibits the use of
12hand-held electronic communication devices to write, send, or
13view electronic messages while driving a motor vehicle. This
14bill expands Code section 321.276 to prohibit any use of an
15electronic device while driving. The bill defines the terms
16“electronic device”, “use”, and “voice-activated or hands-free
17mode”. The bill allows the use of an electronic device if the
18vehicle is at a complete stop off the traveled portion of the
19roadway, or as far away from the center of the roadway as is
20practicable if the vehicle cannot be entirely removed.
21The bill provides exceptions for the use of an electronic
22device in a voice-activated or hands-free mode, for members of
23a public safety agency performing official duties, for health
24care professionals in the course of emergency situations,
25for the purpose of receiving safety-related information,
26for the purpose of reporting an emergency situation, for
27persons operating an implement of husbandry, for certain radio
28operators, for members of a public transit system performing
29official duties while in a vehicle that is not in motion, for
30utility maintenance employees or contractors for the purpose of
31providing utility services, for transportation network company
32drivers engaged in a prearranged ride while the vehicle is
33not in motion, and for persons using an electronic device for
34the purpose of accessing or using a fleet management system.
35Under current law, to be considered an implement of husbandry,
-7-1a vehicle must be manufactured, designed, or reconstructed
2for agricultural purposes, exclusively used in the conduct
3of agricultural operations except for incidental uses, and
4operated at speeds of 35 miles per hour or less.
5The bill makes a violation of Code section 321.276 a moving
6violation. Under current law, a moving violation can be
7considered for purposes of administrative suspension of a
8driver’s license (Code section 321.210; 761 IAC 615.12) or to
9establish habitual offender status (Code section 321.555).
10However, a peace officer is required to issue a warning
11memorandum in lieu of a citation for violations that occur
12during the period between the effective date of the bill and
13January 1, 2024.
14The bill increases the scheduled fine for a violation of Code
15section 321.276 from $45 to $100. Under Code section 321.482A,
16if a person is convicted for a violation and the violation
17causes a serious injury, a court could impose an additional
18fine of $500 or suspend the person’s driver’s license for not
19more than 90 days, or both. If a person is convicted for a
20violation and the violation causes a death, a court could
21impose an additional fine of $1,000 or suspend the person’s
22driver’s license for not more than 180 days, or both. By
23operation of law, a person issued a warning memorandum under
24the bill is not subject to the enhanced penalties under Code
25section 321.482A.
26The bill makes corresponding changes to Code sections
27321.238 (preemption of local legislation) and 707.6A (homicide
28or serious injury by vehicle) to align those provisions to the
29provisions of Code section 321.276 as amended by the bill.
30The bill also makes corresponding changes to Code sections
31321.178, 321.180B, and 321.194, by striking provisions relating
32to the use of electronic communication devices while driving
33by persons under the age of 18 who are issued certain types
34of driver’s licenses, thereby making Code section 321.276 as
35amended by the bill applicable to such persons.
-8-th/ns