Bill Text: IA HSB171 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for prohibiting the use of electronic communication devices while driving, providing exceptions, and making penalties applicable.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-03-03 - 9:00AM; RM 102, Sup. Ct. Consult Transportation. [HSB171 Detail]
Download: Iowa-2015-HSB171-Introduced.html
House
Study
Bill
171
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BYRNES)
A
BILL
FOR
An
Act
prohibiting
the
use
of
electronic
communication
devices
1
while
driving,
providing
exceptions,
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
Section
321.276,
subsection
1,
Code
2015,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
1.
For
purposes
of
this
section:
4
a.
“Electronic
communication
device”
means
an
electronic
5
device
capable
of
being
used
to
compose,
read,
or
send
an
6
electronic
message.
“Electronic
communication
device”
includes
7
but
is
not
limited
to
telephones,
personal
digital
assistants,
8
and
portable
or
mobile
computers.
9
b.
“Electronic
message”
means
a
self-contained
piece
10
of
digital
communication,
whether
verbal
or
written,
that
11
is
designed
or
intended
to
be
transmitted
between
physical
12
devices.
“Electronic
message”
includes
but
is
not
limited
to
13
telephone
calls,
video
calls,
electronic
mail,
text
messages,
14
instant
messages,
and
commands
or
requests
to
access
an
15
internet
site.
16
Sec.
2.
Section
321.276,
subsections
2
and
3,
Code
2015,
are
17
amended
to
read
as
follows:
18
2.
A
person
shall
not
use
a
hand-held
an
electronic
19
communication
device
to
write,
send,
or
read
a
text
message
20
while
driving
a
motor
vehicle
unless
the
motor
vehicle
is
at
a
21
complete
stop
off
the
traveled
portion
of
the
roadway.
22
a.
A
person
does
not
violate
this
section
by
using
a
global
23
positioning
system
or
navigation
system
or
when,
for
the
24
purpose
of
engaging
in
a
call,
the
person
selects
or
enters
a
25
telephone
number
or
name
in
a
hand-held
mobile
telephone
or
26
activates,
deactivates,
or
initiates
a
function
of
a
hand-held
27
mobile
telephone
by
using
an
electronic
communication
device
in
28
a
hands-free
or
voice-activated
mode
.
29
b.
The
provisions
of
this
subsection
relating
to
reading
a
30
text
message
the
use
of
an
electronic
communication
device
do
31
not
apply
to
the
following
persons:
32
(1)
A
member
of
a
public
safety
agency,
as
defined
in
33
section
34.1
,
performing
official
duties.
34
(2)
A
health
care
professional
in
the
course
of
an
emergency
35
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situation.
1
(3)
A
person
sending
or
receiving
safety-related
2
information
including
emergency,
traffic,
or
weather
alerts.
3
c.
The
exceptions
provided
in
paragraph
“a”
and
paragraph
4
“b”
,
subparagraph
(3),
shall
not
apply
to
any
of
the
following:
5
(1)
A
person
operating
a
motor
vehicle
in
a
school
district.
6
(2)
A
person
operating
a
motor
vehicle
in
a
road
work
zone.
7
(3)
A
person
issued
a
driver’s
license
under
section
8
321.178A,
321.180,
321.180A,
321.180B,
321.181,
or
321.194.
9
(4)
A
person
issued
a
temporary
restricted
license
under
10
section
321.215
or
321J.20.
11
3.
Nothing
in
this
section
shall
be
construed
to
authorize
12
a
peace
officer
to
confiscate
a
portable
an
electronic
13
communication
device
from
the
driver
or
occupant
of
a
motor
14
vehicle.
15
Sec.
3.
Section
321.276,
subsection
5,
Code
2015,
is
amended
16
by
striking
the
subsection.
17
Sec.
4.
Section
805.8A,
subsection
14,
paragraph
l,
Code
18
2015,
is
amended
to
read
as
follows:
19
l.
Text-messaging
Use
of
electronic
communication
devices
20
while
driving
violations.
For
violations
under
section
321.276
,
21
the
scheduled
fine
is
thirty
dollars.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
use
of
electronic
communication
26
devices
while
driving
and
makes
penalties
applicable.
27
Current
law
prohibits
the
use
of
an
electronic
device
to
28
write,
send,
or
read
a
text
message
while
operating
a
motor
29
vehicle.
The
bill
expands
this
prohibition
to
include
any
30
electronic
message,
including
telephone
calls.
The
bill
31
provides
an
exception
allowing
the
use
of
electronic
devices
in
32
a
hands-free
or
voice-activated
mode.
33
The
bill
does
not
change
the
existing
exceptions
for
certain
34
persons
under
Code
section
321.276,
subsection
2,
paragraph
35
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_____
“b”,
including
a
member
of
a
public
safety
agency
performing
1
official
duties,
a
health
care
professional
in
the
course
of
2
an
emergency
situation,
and
a
person
receiving
safety-related
3
information
including
emergency,
traffic,
or
weather
alerts.
4
The
bill
also
does
not
change
the
existing
exception
for
use
of
5
global
positioning
or
navigation
systems.
However,
the
bill
6
provides
that
the
exceptions
relating
to
global
positioning
or
7
navigation
systems,
hands-free
or
voice
activated
mode,
and
8
emergency,
traffic,
or
weather
alerts
are
not
applicable
within
9
200
feet
of
a
school,
in
a
road
work
zone,
or
to
persons
with
10
temporary,
intermediate,
instructional,
or
restricted
licenses.
11
The
bill
eliminates
a
provision
prohibiting
a
peace
officer
12
from
stopping
or
detaining
a
person
solely
for
a
violation
of
13
Code
section
321.276.
14
The
bill
rewords
the
applicable
scheduled
fine
provision
15
to
comply
with
the
bill.
The
scheduled
fine
for
a
violation
16
of
Code
section
321.276
remains
$30.
Under
current
law,
the
17
offense
is
not
a
moving
violation,
and
therefore
cannot
be
18
considered
for
purposes
of
administrative
suspension
of
a
19
driver’s
license
or
to
establish
habitual
offender
status.
20
However,
if
the
violation
causes
a
serious
injury,
a
court
21
could
impose
an
additional
fine
of
$500
or
suspend
the
person’s
22
driver’s
license
for
not
more
than
90
days,
or
both.
If
the
23
violation
causes
a
death,
a
court
could
impose
an
additional
24
fine
of
$1,000
or
suspend
the
person’s
driver’s
license
for
not
25
more
than
180
days,
or
both.
26
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