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 ofsectionsections 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 systemor 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 telephoneto 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 ofsectionsections 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