Bill Text: IA HF85 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act concerning the use of mobile telephones while driving and providing penalties.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2017-01-23 - Introduced, referred to Transportation. H.J. 106. [HF85 Detail]

Download: Iowa-2017-HF85-Introduced.html
House File 85 - Introduced




                                 HOUSE FILE       
                                 BY  HUNTER, LENSING,
                                     KACENA, OLDSON, STAED,
                                     and MASCHER

                                      A BILL FOR

  1 An Act concerning the use of mobile telephones while driving
  2    and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1845YH (2) 87
    ns/nh

PAG LIN



  1  1    Section 1.  Section 321.1, Code 2017, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  39.  "Mobile telephone" means mobile
  1  4 telephone as defined in 49 C.F.R. {383.5.
  1  5    Sec. 2.  Section 321.210, subsection 2, paragraph e, Code
  1  6 2017, is amended to read as follows:
  1  7    e.  Violations of section sections 321.276 and 321.276A.
  1  8    Sec. 3.  Section 321.276, subsection 1, paragraph a, Code
  1  9 2017, is amended by striking the paragraph and inserting in
  1 10 lieu thereof the following:
  1 11    a.  "Fixed unit global positioning system or navigation
  1 12 system" means an electronic device that is mounted inside a
  1 13 motor vehicle and is capable of providing navigation directions
  1 14 to a driver based on data entered into the device.
  1 15    Sec. 4.  Section 321.276, subsection 2, paragraph a, Code
  1 16 2017, is amended to read as follows:
  1 17    a.  A person does not violate this section by using a fixed
  1 18 unit global positioning system or navigation system or when,
  1 19 for the purpose of engaging in a call, the person selects
  1 20 or enters a telephone number or name in a hand=held mobile
  1 21 telephone or activates, deactivates, or initiates a function of
  1 22 a hand=held mobile telephone to receive navigation directions,
  1 23 provided that the person does not manually enter data into the
  1 24 fixed unit global positioning system or navigation system while
  1 25 operating the motor vehicle.
  1 26    Sec. 5.  NEW SECTION.  321.276A  Use of mobile telephone while
  1 27 driving.
  1 28    1.  A person shall not drive a motor vehicle while using a
  1 29 mobile telephone unless the mobile telephone is specifically
  1 30 designed and configured to allow hands=free listening and
  1 31 talking and is used in that manner while driving.
  1 32    2.  This section does not apply to the following persons:
  1 33    a.  A member of a public safety agency, as defined in section
  1 34 34.1, performing official duties.
  1 35    b.  A health care professional in the course of an emergency
  2  1 situation.
  2  2    c.  A person receiving safety=related information including
  2  3 emergency, traffic, or weather alerts.
  2  4    d.  The driver of a motor vehicle when the motor vehicle is
  2  5 at a complete stop off the traveled portion of the roadway.
  2  6    3.  Nothing in this section shall be construed to authorize a
  2  7 peace officer to confiscate a mobile telephone from the driver
  2  8 or occupant of a motor vehicle.
  2  9    4.  a.  A person convicted of a violation of this section
  2 10 is guilty of a simple misdemeanor punishable as a scheduled
  2 11 violation under section 805.8A, subsection 14, paragraph "m".
  2 12    b.  A violation of this section shall not be considered a
  2 13 moving violation for purposes of this chapter or rules adopted
  2 14 pursuant to this chapter.
  2 15    Sec. 6.  Section 321.482A, unnumbered paragraph 1, Code
  2 16 2017, is amended to read as follows:
  2 17    Notwithstanding section 321.482, a person who is convicted
  2 18 of operating a motor vehicle in violation of section 321.178,
  2 19 subsection 2, paragraph "a", subparagraph (2), section
  2 20 321.180B, subsection 6, section 321.194, subsection 2,
  2 21 paragraph "b", subparagraph (2), section 321.256, 321.257,
  2 22 section 321.275, subsection 4, section 321.276, 321.276A,
  2 23  321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305,
  2 24 321.306, 321.307, 321.308, section 321.309, subsection 2, or
  2 25 section 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
  2 26 321.324, 321.324A, 321.327, 321.329, 321.333, or 321.372,
  2 27 subsection 3, causing serious injury to or the death of another
  2 28 person may be subject to the following penalties in addition
  2 29 to the penalty provided for a scheduled violation in section
  2 30 805.8A or any other penalty provided by law:
  2 31    Sec. 7.  Section 321.555, subsection 2, Code 2017, is amended
  2 32 to read as follows:
  2 33    2.  Six or more of any separate and distinct offenses within
  2 34 a two=year period in the operation of a motor vehicle, which
  2 35 are required to be reported to the department by section
  3  1 321.491 or chapter 321C, except equipment violations, parking
  3  2 violations as defined in section 321.210, violations of
  3  3 registration laws, violations of sections 321.445 and 321.446,
  3  4 violations of section sections 321.276 and 321.276A, operating
  3  5 a vehicle with an expired license or permit, failure to appear,
  3  6 weights and measures violations and speeding violations of less
  3  7 than fifteen miles per hour over the legal speed limit.
  3  8    Sec. 8.  Section 805.8A, subsection 14, Code 2017, is amended
  3  9 by adding the following new paragraph:
  3 10    NEW PARAGRAPH.  m.  Mobile telephone violations.  For
  3 11 violations under section 321.276A, the scheduled fine is thirty
  3 12 dollars.
  3 13                           EXPLANATION
  3 14 The inclusion of this explanation does not constitute agreement with
  3 15 the explanation's substance by the members of the general assembly.
  3 16    This bill prohibits a person from driving a motor vehicle
  3 17 while using a mobile telephone unless the mobile telephone
  3 18 is specifically designed and configured to allow hands=free
  3 19 listening and talking and is used in that manner.  The bill
  3 20 does not apply to the driver of a motor vehicle when the motor
  3 21 vehicle is at a complete stop off the traveled portion of the
  3 22 roadway.  In addition, the bill exempts the following persons
  3 23 from the prohibition:  a member of a public safety agency
  3 24 performing official duties; a health care professional in
  3 25 the course of an emergency situation; and a person receiving
  3 26 safety=related information including emergency, traffic, or
  3 27 weather alerts.  These are the same exemptions that currently
  3 28 apply under Iowa law prohibiting text=messaging while driving.
  3 29    The bill defines "mobile telephone" to mean the same
  3 30 as defined in federal motor carrier safety administration
  3 31 regulations.  Under that definition, "mobile telephone" means
  3 32 a mobile communication device that falls under or uses any
  3 33 commercial mobile radio service, as defined in regulations of
  3 34 the federal communications commission.  The federal definition
  3 35 explicitly excludes two=way or citizens band radio services.
  4  1 The bill amends current provisions prohibiting
  4  2 text=messaging while driving to specify that a person does not
  4  3 violate the text=messaging provisions by using a fixed unit
  4  4 global positioning system or navigation system, provided the
  4  5 person does not enter data into the system while operating
  4  6 the motor vehicle.  "Fixed unit global positioning system or
  4  7 navigation system" is defined as an electronic device mounted
  4  8 inside a motor vehicle and capable of providing navigation
  4  9 directions to a driver based on data entered into the device.
  4 10 The bill also strikes a current exception to the prohibition
  4 11 on text=messaging while driving which applies to a person
  4 12 selecting or entering a telephone number or name in a hand=held
  4 13 mobile telephone or activating, deactivating, or initiating a
  4 14 function of a hand=held mobile telephone.
  4 15    The penalties established in the bill mirror the penalties
  4 16 currently applicable for text=messaging while driving.  A
  4 17 person who uses a mobile telephone while driving in violation
  4 18 of the bill commits a simple misdemeanor punishable by
  4 19 a scheduled fine of $30.  The offense is not a moving
  4 20 violation, and therefore cannot be considered for purposes of
  4 21 administrative suspension of a driver's license or to establish
  4 22 habitual offender status.  However, if the violation causes a
  4 23 serious injury, a court could impose an additional fine of $500
  4 24 or suspend the person's driver's license for not more than 90
  4 25 days, or both.  If the violation causes a death, a court could
  4 26 impose an additional fine of $1,000 or suspend the person's
  4 27 driver's license for not more than 180 days, or both.
  4 28    The bill does not authorize a peace officer to confiscate a
  4 29 mobile telephone from a driver or occupant of a motor vehicle.
  4 30 However, a peace officer may stop or detain a driver solely for
  4 31 using a hand=held mobile telephone while driving.
       LSB 1845YH (2) 87
       ns/nh
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