Bill Text: IA SF46 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of an electronic communication device in a voice-activated or hands-free mode while driving, providing penalties, and making penalties applicable.(See SF 330, SF 2141.)
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-02-11 - Committee report approving bill, renumbered as SF 330. S.J. 339. [SF46 Detail]
Download: Iowa-2021-SF46-Introduced.html
Senate
File
46
-
Introduced
SENATE
FILE
46
BY
LOFGREN
and
WHITING
A
BILL
FOR
An
Act
relating
to
the
use
of
an
electronic
communication
1
device
in
a
voice-activated
or
hands-free
mode
while
2
driving,
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
321.178,
subsection
2,
paragraph
1
a,
subparagraph
(2),
Code
2021,
is
amended
by
striking
the
2
subparagraph.
3
Sec.
2.
Section
321.178,
subsection
2,
paragraphs
b
and
c,
4
Code
2021,
are
amended
to
read
as
follows:
5
b.
The
department
may
suspend
a
restricted
driver’s
license
6
issued
under
this
section
upon
receiving
satisfactory
evidence
7
that
the
licensee
has
violated
the
restrictions
imposed
under
8
paragraph
“a”
,
subparagraph
(2),
subparagraph
division
(a).
9
The
department
may
also
suspend
a
restricted
license
issued
10
under
this
section
upon
receiving
a
record
of
the
person’s
11
conviction
for
one
violation
and
shall
revoke
the
license
upon
12
receiving
a
record
of
conviction
for
two
or
more
violations
13
of
a
law
of
this
state
or
a
city
ordinance
regulating
the
14
operation
of
motor
vehicles
on
highways,
other
than
parking
15
violations
as
defined
in
section
321.210
.
After
revoking
a
16
license
under
this
section
the
department
shall
not
grant
an
17
application
for
a
new
license
or
permit
until
the
expiration
18
of
one
year
or
until
the
person
attains
the
age
of
eighteen,
19
whichever
is
the
longer
period.
20
c.
A
person
who
violates
the
restrictions
imposed
under
21
paragraph
“a”
,
subparagraph
(2),
subparagraph
division
(a),
22
may
be
issued
a
citation
under
this
section
and
shall
not
be
23
issued
a
citation
under
section
321.193
.
A
violation
of
the
24
restrictions
imposed
under
paragraph
“a”
,
subparagraph
(2),
25
subparagraph
division
(a),
shall
not
be
considered
a
moving
26
violation.
27
Sec.
3.
Section
321.180B,
subsection
3,
paragraph
b,
Code
28
2021,
is
amended
to
read
as
follows:
29
b.
The
department
may
suspend
an
instruction
permit,
30
intermediate
license,
or
full
license
issued
under
this
section
31
upon
receiving
satisfactory
evidence
that
the
person
issued
32
the
instruction
permit,
intermediate
license,
or
full
license
33
violated
the
restrictions
imposed
under
subsection
1
,
or
2
,
or
34
6
during
the
term
of
the
instruction
permit
or
intermediate
35
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license.
1
Sec.
4.
Section
321.180B,
subsection
6,
Code
2021,
is
2
amended
by
striking
the
subsection.
3
Sec.
5.
Section
321.180B,
subsection
7,
Code
2021,
is
4
amended
to
read
as
follows:
5
7.
Citations
for
violation
of
restrictions.
A
person
who
6
violates
the
restrictions
imposed
under
subsection
1
,
or
2
,
or
7
6
may
be
issued
a
citation
under
this
section
and
shall
not
be
8
issued
a
citation
under
section
321.193
.
A
violation
of
the
9
restrictions
imposed
under
subsection
1
,
or
2
,
or
6
shall
not
10
be
considered
a
moving
violation.
11
Sec.
6.
Section
321.194,
subsection
2,
paragraph
b,
12
subparagraph
(2),
Code
2021,
is
amended
by
striking
the
13
subparagraph.
14
Sec.
7.
Section
321.210,
subsection
2,
paragraph
e,
Code
15
2021,
is
amended
by
striking
the
paragraph.
16
Sec.
8.
Section
321.276,
subsection
1,
Code
2021,
is
amended
17
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
18
following:
19
1.
For
purposes
of
this
section:
20
a.
“Electronic
communication
device”
means
an
electronic
21
device
capable
of
being
used
to
compose,
send,
receive,
or
22
read
an
electronic
message.
“Electronic
communication
device”
23
includes
but
is
not
limited
to
a
telephone,
personal
digital
24
assistant,
and
portable
or
mobile
computer.
“Electronic
25
communication
device”
does
not
include
a
device
that
is
26
physically
or
electronically
integrated
into
a
motor
vehicle,
27
including
but
not
limited
to
an
integrated
global
positioning
28
system
or
navigation
system.
29
b.
“Voice-activated
or
hands-free
mode”
means
an
attachment,
30
accessory,
application,
wireless
connection,
or
built-in
31
feature
of
an
electronic
communication
device
or
motor
vehicle
32
that
allows
a
person
to
use
verbal
or
single-touch
commands
to
33
activate
or
deactivate
the
device
or
a
function
or
software
34
application
of
the
device.
“Voice-activated
or
hands-free
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mode”
does
not
include
accessing
nonnavigation
video
content,
1
engaging
in
a
video
call,
accessing
or
engaging
in
video
2
streaming,
accessing
gaming
data,
or
reading
an
electronic
3
message.
4
Sec.
9.
Section
321.276,
subsections
2,
3,
and
4,
Code
2021,
5
are
amended
to
read
as
follows:
6
2.
A
person
shall
not
use
a
hand-held
an
electronic
7
communication
device
to
write,
send,
or
view
an
electronic
8
message
while
driving
a
motor
vehicle
unless
the
motor
vehicle
9
is
at
a
complete
stop
off
the
traveled
portion
of
the
roadway.
10
a.
A
person
does
not
violate
this
section
by
using
a
global
11
positioning
system
or
navigation
system
or
when,
for
the
12
purpose
of
engaging
in
a
call,
the
person
selects
or
enters
a
13
telephone
number
or
name
in
a
hand-held
mobile
telephone
or
14
activates,
deactivates,
or
initiates
a
function
of
a
hand-held
15
mobile
telephone
an
electronic
communication
device
in
a
16
voice-activated
or
hands-free
mode
.
17
b.
The
provisions
of
this
subsection
relating
to
writing,
18
sending,
or
viewing
an
electronic
message
the
use
of
an
19
electronic
communication
device
do
not
apply
to
the
following
20
persons:
21
(1)
A
member
of
a
public
safety
agency,
as
defined
in
22
section
34.1
,
performing
official
duties.
23
(2)
A
health
care
professional
in
the
course
of
an
emergency
24
situation.
25
(3)
A
person
receiving
safety-related
information
including
26
emergency
,
traffic,
or
weather
alerts.
27
(4)
A
person
using
an
electronic
communication
device
for
28
the
purpose
of
reporting
an
emergency
situation,
including
any
29
continued
communication
with
emergency
personnel
during
the
30
emergency
situation,
or
public
transit
personnel
responding
to
31
a
transit-specific
situation.
32
(5)
A
person
using
a
two-way
radio
transmitter
or
receiver
33
who
is
licensed
with
the
federal
communications
commission
in
34
amateur
radio
service.
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(6)
A
member
of
a
public
transit
system,
as
defined
in
1
section
324A.1,
performing
official
duties
while
in
a
vehicle
2
that
is
not
in
motion.
3
3.
Nothing
in
this
section
shall
be
construed
to
authorize
4
a
peace
officer
to
confiscate
a
hand-held
an
electronic
5
communication
device
from
the
driver
or
occupant
of
a
motor
6
vehicle.
7
4.
a.
A
person
convicted
of
a
violation
of
this
section
8
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
9
violation
under
section
805.8A,
subsection
14
,
paragraph
“l”
.
10
b.
A
violation
of
this
section
shall
not
be
considered
a
11
moving
violation
for
purposes
of
this
chapter
or
rules
adopted
12
pursuant
to
this
chapter
.
13
c.
Notwithstanding
paragraphs
“a”
and
“b”
,
a
peace
officer
14
shall
issue
a
warning
memorandum
in
lieu
of
a
citation
to
a
15
person
for
violating
this
section.
This
paragraph
is
repealed
16
January
1,
2022.
17
Sec.
10.
Section
321.482A,
unnumbered
paragraph
1,
Code
18
2021,
is
amended
to
read
as
follows:
19
Notwithstanding
section
321.482
,
a
person
who
is
convicted
20
of
operating
a
motor
vehicle
in
violation
of
section
321.178,
21
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
section
22
321.180B,
subsection
6
,
section
321.194,
subsection
2
,
23
paragraph
“b”
,
subparagraph
(2),
section
321.256
,
321.257
,
24
section
321.275,
subsection
4
,
section
321.276
,
321.297
,
25
321.298
,
321.299
,
321.302
,
321.303
,
321.304
,
321.305
,
321.306
,
26
321.307
,
321.311
,
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
27
321.324
,
321.324A
,
321.327
,
321.329
,
321.333
,
section
321.372,
28
subsection
3
,
or
section
321.449B
,
causing
serious
injury
to
29
or
the
death
of
another
person
may
be
subject
to
the
following
30
penalties
in
addition
to
the
penalty
provided
for
a
scheduled
31
violation
in
section
805.8A
or
any
other
penalty
provided
by
32
law:
33
Sec.
11.
Section
321.555,
subsection
2,
Code
2021,
is
34
amended
to
read
as
follows:
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2.
Six
or
more
of
any
separate
and
distinct
offenses
within
1
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
2
are
required
to
be
reported
to
the
department
by
section
3
321.491
or
chapter
321C
,
except
equipment
violations,
parking
4
violations
as
defined
in
section
321.210
,
violations
of
5
registration
laws,
violations
of
sections
321.445
and
321.446
,
6
violations
of
section
321.276
,
operating
a
vehicle
with
an
7
expired
license
or
permit,
failure
to
appear,
weights
and
8
measures
violations
and
speeding
violations
of
less
than
9
fifteen
miles
per
hour
over
the
legal
speed
limit.
10
Sec.
12.
Section
707.6A,
subsection
2,
paragraph
a,
11
subparagraphs
(1),
(2),
and
(3),
Code
2021,
are
amended
by
12
striking
the
subparagraphs
and
inserting
in
lieu
thereof
the
13
following:
14
(1)
For
purposes
of
this
paragraph
“a”
,
a
person’s
use
of
an
15
electronic
communication
device
while
driving
a
motor
vehicle
16
shall
be
considered
prima
facie
evidence
that
the
person
was
17
driving
the
motor
vehicle
in
a
reckless
manner
with
willful
18
or
wanton
disregard
for
the
safety
of
persons
or
property,
in
19
violation
of
section
321.277.
20
(2)
Subparagraph
(1)
does
not
apply
to
any
of
the
following:
21
(a)
A
person
using
an
electronic
communication
device
in
a
22
voice-activated
or
hands-free
mode.
23
(b)
A
member
of
a
public
safety
agency,
as
defined
in
24
section
34.1,
performing
official
duties.
25
(c)
A
health
care
professional
in
the
course
of
an
emergency
26
situation.
27
(d)
A
person
receiving
safety-related
information
including
28
emergency
or
weather
alerts.
29
(e)
A
person
using
an
electronic
communication
device
for
30
the
purpose
of
reporting
an
emergency
situation,
including
any
31
continued
communication
with
emergency
personnel
during
the
32
emergency
situation,
or
public
transit
personnel
responding
to
33
a
transit-specific
situation.
34
(f)
A
person
using
a
two-way
radio
transmitter
or
receiver
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who
is
licensed
with
the
federal
communications
commission
in
1
amateur
radio
service.
2
(g)
A
member
of
a
public
transit
system,
as
defined
in
3
section
324A.1,
performing
official
duties
while
in
a
vehicle
4
that
is
not
in
motion.
5
(3)
For
purposes
of
this
paragraph
“a”
,
the
following
6
definitions
apply:
7
(a)
“Electronic
communication
device”
means
the
same
as
8
defined
in
section
321.276.
9
(b)
“Voice-activated
or
hands-free
mode”
means
the
same
as
10
defined
in
section
321.276.
11
Sec.
13.
Section
805.8A,
subsection
4,
paragraph
c,
Code
12
2021,
is
amended
by
striking
the
paragraph.
13
Sec.
14.
Section
805.8A,
subsection
14,
paragraph
l,
Code
14
2021,
is
amended
to
read
as
follows:
15
l.
Writing,
sending,
or
viewing
an
Use
of
electronic
message
16
communication
device
while
driving
violations.
For
violations
17
under
section
321.276
,
the
scheduled
fine
is
forty-five
one
18
hundred
dollars.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
Under
current
law,
Code
section
321.276
prohibits
the
use
23
of
hand-held
electronic
communication
devices
to
write,
send,
24
or
view
electronic
messages
while
driving
a
motor
vehicle.
25
This
bill
expands
Code
section
321.276
to
prohibit
any
use
26
of
an
electronic
communication
device
while
driving.
The
27
bill
defines
the
terms
“electronic
communication
device”
and
28
“voice-activated
or
hands-free
mode”.
29
The
bill
exempts
the
use
of
an
electronic
communication
30
device
in
a
voice-activated
or
hands-free
mode,
for
members
of
31
a
public
safety
agency
performing
official
duties,
for
health
32
care
professionals
in
the
course
of
emergency
situations,
33
for
the
purpose
of
receiving
safety-related
information,
for
34
the
purpose
of
reporting
an
emergency
situation,
for
certain
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radio
operators,
and
for
members
of
a
public
transit
system
1
performing
official
duties
while
in
a
vehicle
that
is
not
in
2
motion.
3
The
bill
makes
a
violation
of
Code
section
321.276
a
moving
4
violation.
Under
current
law,
a
moving
violation
can
be
5
considered
for
purposes
of
administrative
suspension
of
a
6
driver’s
license
or
to
establish
habitual
offender
status.
7
However,
a
peace
officer
is
required
to
issue
a
warning
8
memorandum
in
lieu
of
a
citation
for
violations
that
occur
9
during
the
period
of
time
between
the
effective
date
of
the
10
bill
and
January
1,
2022.
11
The
bill
increases
the
scheduled
fine
for
a
violation
of
Code
12
section
321.276
from
$45
to
$100.
Under
Code
section
321.482A,
13
if
the
violation
causes
a
serious
injury,
a
court
could
impose
14
an
additional
fine
of
$500
or
suspend
the
person’s
driver’s
15
license
for
not
more
than
90
days,
or
both.
If
the
violation
16
causes
a
death,
a
court
could
impose
an
additional
fine
of
17
$1,000
or
suspend
the
person’s
driver’s
license
for
not
more
18
than
180
days,
or
both.
19
The
bill
makes
corresponding
changes
to
Code
section
707.6A
20
(homicide
or
serious
injury
by
vehicle)
to
align
the
provisions
21
of
that
Code
section
related
to
the
use
of
an
electronic
22
communication
device
while
driving
to
the
provisions
of
Code
23
section
321.276
as
amended
by
the
bill.
The
bill
also
makes
24
corresponding
changes
to
Code
sections
321.178,
321.180B,
25
and
321.194,
by
striking
provisions
relating
to
the
use
of
26
electronic
communication
devices
while
driving
by
persons
27
under
the
age
of
18
who
are
issued
certain
types
of
driver’s
28
licenses,
thereby
making
Code
section
321.276
as
amended
by
the
29
bill
applicable
to
such
persons.
30
-7-
LSB
1179XS
(2)
89
th/ns
7/
7
