Bill Text: IA HF2250 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the use of a hand-held electronic communication device while driving in a road work zone or school zone, providing penalties, and making penalties applicable.(Formerly HSB 561.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-03 - Introduced, referred to Ways and Means. H.J. 180. [HF2250 Detail]
Download: Iowa-2021-HF2250-Introduced.html
House
File
2250
-
Introduced
HOUSE
FILE
2250
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
561)
A
BILL
FOR
An
Act
prohibiting
the
use
of
a
hand-held
electronic
1
communication
device
while
driving
in
a
road
work
zone
or
2
school
zone,
providing
penalties,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
321.210,
subsection
2,
paragraph
e,
Code
1
2022,
is
amended
to
read
as
follows:
2
e.
Violations
of
section
321.276
,
subsection
2
.
3
Sec.
2.
Section
321.276,
subsection
2,
paragraph
a,
Code
4
2022,
is
amended
to
read
as
follows:
5
a.
A
person
does
not
violate
this
section
subsection
by
6
using
a
global
positioning
system
or
navigation
system
or
when,
7
for
the
purpose
of
engaging
in
a
call,
the
person
selects
8
or
enters
a
telephone
number
or
name
in
a
hand-held
mobile
9
telephone
or
activates,
deactivates,
or
initiates
a
function
of
10
a
hand-held
mobile
telephone.
11
Sec.
3.
Section
321.276,
Code
2022,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
2A.
A
person
shall
not
use
a
hand-held
14
electronic
communication
device
for
any
purpose
while
driving
15
a
motor
vehicle
in
a
road
work
zone
or
in
a
school
zone
16
established
pursuant
to
section
321.249.
17
Sec.
4.
Section
321.276,
subsection
4,
paragraph
b,
Code
18
2022,
is
amended
to
read
as
follows:
19
b.
A
violation
of
this
section
subsection
2
shall
not
be
20
considered
a
moving
violation
for
purposes
of
this
chapter
21
or
rules
adopted
pursuant
to
this
chapter
.
A
violation
of
22
subsection
2A
shall
be
considered
a
moving
violation
for
23
purposes
of
this
chapter
or
rules
adopted
pursuant
to
this
24
chapter.
25
Sec.
5.
Section
321.555,
subsection
2,
Code
2022,
is
amended
26
to
read
as
follows:
27
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
28
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
29
are
required
to
be
reported
to
the
department
by
section
30
321.491
or
chapter
321C
,
except
equipment
violations,
parking
31
violations
as
defined
in
section
321.210
,
violations
of
32
registration
laws,
violations
of
sections
321.445
and
321.446
,
33
violations
of
section
321.276
,
subsection
2,
operating
a
34
vehicle
with
an
expired
license
or
permit,
failure
to
appear,
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weights
and
measures
violations
and
speeding
violations
of
less
1
than
fifteen
miles
per
hour
over
the
legal
speed
limit.
2
Sec.
6.
Section
707.6A,
subsection
2,
paragraph
a,
Code
3
2022,
is
amended
by
adding
the
following
new
subparagraph:
4
NEW
SUBPARAGRAPH
.
(03)
For
the
purposes
of
this
paragraph
5
“a”
,
a
person’s
use
of
a
hand-held
electronic
communication
6
device
for
any
purpose
while
driving
a
motor
vehicle
in
a
7
road
work
zone
or
in
a
school
zone
established
pursuant
to
8
section
321.249
shall
be
considered
prima
facie
evidence
that
9
the
person
was
driving
the
motor
vehicle
in
a
reckless
manner
10
with
willful
or
wanton
disregard
for
the
safety
of
persons
or
11
property,
in
violation
of
section
321.277.
12
Sec.
7.
Section
805.8A,
subsection
14,
paragraph
l,
Code
13
2022,
is
amended
to
read
as
follows:
14
l.
Writing,
sending,
or
viewing
an
electronic
message
Use
15
of
hand-held
electronic
communication
device
while
driving
16
violations.
17
(1)
For
violations
under
section
321.276
,
subsection
2,
the
18
scheduled
fine
is
forty-five
dollars.
19
(2)
For
violations
under
section
321.276,
subsection
2A,
20
the
scheduled
fine
is
one
hundred
dollars.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
Under
current
law,
Code
section
321.276
prohibits
a
person
25
from
using
a
hand-held
electronic
communication
device
to
26
write,
send,
or
view
an
electronic
message
while
driving
a
27
motor
vehicle
unless
the
motor
vehicle
is
at
a
complete
stop
28
off
the
traveled
portion
of
the
roadway.
“Hand-held
electronic
29
communication
device”
is
defined
as
a
mobile
telephone
or
30
other
portable
electronic
communication
device
capable
of
31
being
used
to
write,
send,
or
view
an
electronic
message.
32
“Hand-held
electronic
communication
device”
does
not
include
33
a
voice-operated
or
hands-free
device
which
allows
the
user
34
to
write,
send,
or
view
an
electronic
message
without
the
use
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of
either
hand
except
to
activate
or
deactivate
a
feature
or
1
function.
The
prohibition
does
not
apply
to
the
use
of
a
2
global
positioning
system
or
navigation
system
or
when,
for
the
3
purpose
of
engaging
in
a
call,
the
person
selects
or
enters
a
4
telephone
number
or
name
in
a
hand-held
mobile
telephone
or
5
activates,
deactivates,
or
initiates
a
function
of
a
hand-held
6
mobile
telephone.
Persons
engaged
in
public
safety
and
7
health
care
professions
or
persons
who
receive
safety-related
8
information
are
exempt
from
the
prohibition
under
certain
9
circumstances.
A
violation
of
Code
section
321.276
is
not
10
considered
a
moving
violation
and
is
a
simple
misdemeanor
11
punishable
by
a
scheduled
fine
of
$45.
12
This
bill
prohibits
the
use
of
a
hand-held
electronic
13
communication
device
by
any
person
while
driving
in
a
road
work
14
zone
or
a
school
zone.
The
exceptions
under
current
law
for
15
global
positioning
or
navigation
systems,
entering
a
telephone
16
number
or
name,
public
safety
or
health
care
professionals,
17
or
persons
receiving
safety-related
information
do
not
apply
18
to
this
prohibition.
A
person
convicted
under
the
bill
is
19
guilty
of
a
simple
misdemeanor
punishable
by
a
scheduled
fine
20
of
$100
and
the
violation
is
considered
a
moving
violation.
21
Under
current
law,
a
moving
violation
can
be
considered
for
22
purposes
of
administrative
suspension
of
a
driver’s
license
or
23
to
establish
habitual
offender
status.
24
By
operation
of
law,
under
Code
section
321.482A,
if
the
25
violation
causes
a
serious
injury,
a
court
could
impose
an
26
additional
fine
of
$500
or
suspend
the
person’s
driver’s
27
license
for
not
more
than
90
days,
or
both.
If
the
violation
28
causes
a
death,
a
court
could
impose
an
additional
fine
of
29
$1,000
or
suspend
the
person’s
driver’s
license
for
not
more
30
than
180
days,
or
both.
31
Under
current
law,
a
person’s
use
of
a
hand-held
electronic
32
communication
device
to
write,
send,
or
view
an
electronic
33
message
while
driving
a
motor
vehicle
is
considered
prima
facie
34
evidence
that
the
person
was
driving
the
motor
vehicle
in
a
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reckless
manner
for
purposes
of
Code
section
707.6A
(homicide
1
or
serious
injury
by
vehicle).
The
bill
adds
to
this
provision
2
a
person’s
use
of
a
hand-held
electronic
communication
3
device
for
any
purpose
while
driving
in
a
road
work
zone
or
4
school
zone.
A
person
commits
a
class
“C”
felony
when
the
5
person
unintentionally
causes
the
death
of
another
in
this
6
manner,
and
a
class
“D”
felony
when
the
person
unintentionally
7
causes
serious
injury
in
this
manner.
A
class
“C”
felony
is
8
punishable
by
confinement
for
no
more
than
10
years
and
a
fine
9
of
at
least
$1,370
but
not
more
than
$13,660.
A
class
“D”
10
felony
is
punishable
by
confinement
for
no
more
than
five
years
11
and
a
fine
of
at
least
$1,025
but
not
more
than
$10,245.
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