Bill Text: IA HF590 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of electronic communication devices while driving, and making penalties applicable. (Formerly HSB 139.)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2018-01-11 - Subcommittee: Worthan, Bacon and Forbes. H.J. 97. [HF590 Detail]
Download: Iowa-2017-HF590-Introduced.html
House File 590 - Introduced HOUSE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 139) A BILL FOR 1 An Act relating to the use of electronic communication devices 2 while driving, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2062HV (4) 87 ns/nh PAG LIN 1 1 Section 1. Section 321.210, subsection 2, paragraph e, Code 1 2 2017, is amended by striking the paragraph. 1 3 Sec. 2. Section 321.276, Code 2017, is amended to read as 1 4 follows: 1 5 321.276 Use of electronic communication device while driving 1 6==== text=messaging. 1 7 1. For purposes of this section: 1 8 a."Engage in a call" means talking or listening on a mobile 1 9 telephone or other portable electronic communication device.1 10 "Electronic communication device" means an electronic device 1 11 capable of being used to compose, send, receive, or read an 1 12 electronic message. "Electronic communication device" includes 1 13 but is not limited to telephones, personal digital assistants, 1 14 and portable or mobile computers, but does not include devices 1 15 that are physically or electronically integrated into a 1 16 motor vehicle, including but not limited to integrated global 1 17 positioning systems and navigation systems. 1 18 b."Hand=held electronic communication device" means a mobile 1 19 telephone or other portable electronic communication device 1 20 capable of being used to write, send, or read a text message. 1 21 "Hand=held electronic communication device" does not include a 1 22 voice=operated or hands=free device which allows the user to 1 23 write, send, or read a text message without the use of either 1 24 hand except to activate or deactivate a feature or function. 1 25 "Hand=held electronic communication device" does not include a 1 26 wireless communication device used to transmit or receive data 1 27 as part of a digital dispatch system. "Hand=held electronic 1 28 communication device" includes a device which is temporarily 1 29 mounted inside the motor vehicle, unless the device is a 1 30 voice=operated or hands=free device."Electronic message" means 1 31 a self=contained piece of digital communication, whether verbal 1 32 or written, that is designed or intended to be transmitted 1 33 between electronic communication devices. "Electronic message" 1 34 includes but is not limited to telephone calls, video calls, 1 35 electronic mail, text messages, instant messages, and commands 2 1 or requests to access an internet site. 2 2c. "Text message" includes a text=based message, an instant 2 3 message, and electronic mail.2 4d. The terms "write", "send", and "read", with respect 2 5 to a text message, mean the manual entry, transmission, and 2 6 retrieval of a text message, respectively, to communicate with 2 7 any other person or device.2 8 2. A person shall not usea hand=heldan electronic 2 9 communication deviceto write, send, or read a text message2 10 while driving a motor vehicle unless the motor vehicle is at a 2 11 complete stop off the traveled portion of the roadway. 2 12 a. A person does not violate this section by usinga global 2 13 positioning system or navigation system or when, for the 2 14 purpose of engaging in a call, the person selects or enters a 2 15 telephone number or name in a hand=held mobile telephone or 2 16 activates, deactivates, or initiates a function of a hand=held 2 17 mobile telephonean electronic communication device in a 2 18 hands=free mode. 2 19 b. The provisions of this subsection relating toreading a 2 20 text messagethe use of an electronic communication device do 2 21 not apply to the following persons: 2 22 (1) A member of a public safety agency, as defined in 2 23 section 34.1, performing official duties. 2 24 (2) A health care professional in the course of an emergency 2 25 situation. 2 26 (3) A personreceiving safety=related information including 2 27 emergency, traffic, or weather alertsusing an electronic 2 28 communication device for the purpose of reporting an emergency 2 29 situation, including any continued communication with emergency 2 30 personnel during the emergency situation. 2 31 (4) A person using an electronic communication device 2 32 by pressing a single button to initiate or terminate a voice 2 33 communication. 2 34 3. Nothing in this section shall be construed to authorize 2 35 a peace officer to confiscatea portablean electronic 3 1 communication device from the driver or occupant of a motor 3 2 vehicle. 3 3 4.a.A person convicted of a violation of this section 3 4 is guilty of a simple misdemeanor punishable as a scheduled 3 5 violation under section 805.8A, subsection 14, paragraph 3 6 "l". However, a person driving a motor vehicle in violation 3 7 of this section before July 1, 2018, shall not be convicted 3 8 of a violation of this section and shall be issued a warning 3 9 memorandum. 3 10b. A violation of this section shall not be considered a 3 11 moving violation for purposes of this chapter or rules adopted 3 12 pursuant to this chapter.3 135. A peace officer shall not stop or detain a person solely 3 14 for a suspected violation of this section. This section is 3 15 enforceable by a peace officer only as a secondary action when 3 16 the driver of a motor vehicle has been stopped or detained for 3 17 a suspected violation of another provision of this chapter, a 3 18 local ordinance equivalent to a provision of this chapter, or 3 19 other law.3 206.5. The department, in cooperation with the department of 3 21 public safety, shall establish educational programs to foster 3 22 compliance with the requirements of this section. 3 23 Sec. 3. Section 321.555, subsection 2, Code 2017, is amended 3 24 to read as follows: 3 25 2. Six or more of any separate and distinct offenses within 3 26 a two=year period in the operation of a motor vehicle, which 3 27 are required to be reported to the department by section 3 28 321.491 or chapter 321C, except equipment violations, parking 3 29 violations as defined in section 321.210, violations of 3 30 registration laws, violations of sections 321.445 and 321.446, 3 31violations of section 321.276,operating a vehicle with an 3 32 expired license or permit, failure to appear, weights and 3 33 measures violations and speeding violations of less than 3 34 fifteen miles per hour over the legal speed limit. 3 35 Sec. 4. Section 805.8A, subsection 14, paragraph l, Code 4 1 2017, is amended to read as follows: 4 2 l.Text=messagingUse of electronic communication device 4 3 while driving violations. For violations under section 321.276, 4 4 the scheduled fine is thirty dollars. 4 5 EXPLANATION 4 6 The inclusion of this explanation does not constitute agreement with 4 7 the explanation's substance by the members of the general assembly. 4 8 Under current law, Code section 321.276 prohibits the 4 9 use of hand=held electronic communication devices to write, 4 10 send, or read text messages while driving a motor vehicle. 4 11 This bill expands that provision to prohibit any use of an 4 12 electronic communication device while driving. An electronic 4 13 communication device is a device capable of being used to 4 14 compose, send, receive, or read an electronic message, and 4 15 includes telephones, personal digital assistants, and portable 4 16 or mobile computers, but does not include devices physically 4 17 or electronically integrated into a vehicle. An electronic 4 18 message is a self=contained piece of digital communication, 4 19 whether verbal or written, that is designed or intended to 4 20 be transmitted between electronic communication devices, and 4 21 includes telephone calls, video calls, electronic mail, text 4 22 messages, instant messages, and commands or requests to access 4 23 an internet site. 4 24 The bill includes in the prohibition the use of a global 4 25 positioning system or navigation system on an electronic 4 26 communication device, and exempts the use of an electronic 4 27 communication device for the purpose of reporting an emergency 4 28 situation, or by pressing a single button to initiate or 4 29 terminate a voice communication. 4 30 The bill eliminates the provision prohibiting a peace 4 31 officer from stopping or detaining a person solely for a 4 32 suspected violation of Code section 321.276, and makes a 4 33 violation of Code section 321.276 a moving violation. Under 4 34 current law, a moving violation can be considered for purposes 4 35 of administrative suspension of a driver's license or to 5 1 establish habitual offender status. 5 2 The bill rewords the applicable scheduled fine provision 5 3 to comply with the bill. The scheduled fine for a violation 5 4 of Code section 321.276 remains $30. Under Code section 5 5 321.482A, if the violation causes a serious injury, a court 5 6 could impose an additional fine of $500 or suspend the person's 5 7 driver's license for not more than 90 days, or both. If the 5 8 violation causes a death, a court could impose an additional 5 9 fine of $1,000 or suspend the person's driver's license for not 5 10 more than 180 days, or both. The bill provides that a person 5 11 driving a vehicle in violation of the bill before July 1, 2018, 5 12 shall not be convicted of the violation and shall be issued a 5 13 warning memorandum. LSB 2062HV (4) 87 ns/nh
