Bill Text: IA HF2196 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to texting or using a mobile telephone while operating a commercial motor vehicle, providing penalties, and making penalties applicable. (Formerly HSB 535.) Effective 7-1-18.

Sponsorship: Committee Bill

Status: (Passed) 2018-03-21 - Signed by Governor. H.J. 652. [HF2196 Detail]

Download: Iowa-2017-HF2196-Enrolled.html

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House File 2196 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON
                                  TRANSPORTATION

                              (SUCCESSOR TO HSB 535)
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                                   A BILL FOR
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                                        House File 2196

                             AN ACT
 RELATING TO TEXTING OR USING A MOBILE TELEPHONE WHILE
    OPERATING A COMMERCIAL MOTOR VEHICLE, PROVIDING PENALTIES,
    AND MAKING PENALTIES APPLICABLE.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 321.482A, unnumbered paragraph 1, Code
 2018, 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 2,
 paragraph "b", subparagraph (2), 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, 321.308, section 321.309, subsection 2, or section
 321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.324,
 321.324A, 321.327, 321.329, 321.333, or 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. 2.  NEW SECTION.  321.449B  Texting or using a mobile
 telephone while operating a commercial motor vehicle.
    1.  a.  A person subject to rules adopted by the department
 pursuant to section 321.449 shall not operate a commercial
 motor vehicle while engaged in texting as prohibited by
 49 C.F.R. {392.80, except in an emergency or as otherwise
 permitted under 49 C.F.R. {392.80.
    b.  A person subject to rules adopted by the department
 pursuant to section 321.449 shall not operate a commercial
 motor vehicle while using a hand=held mobile telephone as
 prohibited by 49 C.F.R. {392.82, except in an emergency or as
 otherwise permitted under 49 C.F.R. {392.82.
    2.  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 13, paragraph "b".
    b.  A violation of this section shall be considered a moving
 violation for the purposes of this chapter and rules adopted
 pursuant to this chapter.
    c.  A conviction for a violation of this section shall be in
 lieu of a conviction for a violation of section 321.276 if the
 violations are based on the same facts and circumstances.
    Sec. 3.  Section 805.8A, subsection 13, paragraph b, Code
 2018, is amended to read as follows:
    b.  For a violation under section 321.449, or 321.449A, or
 321.449B, the scheduled fine is fifty dollars.


                                                                                            LINDA UPMEYER


                                                                                            CHARLES SCHNEIDE


                                                                                            CARMINE BOAL


                                                                                            KIM REYNOLDS

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