Bill Text: IA SSB3016 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to traffic violations and enforcement, including the use of an electronic device in a voice-activated or hands-free mode while driving and the use of automated or remote systems for traffic law enforcement, providing penalties, making penalties applicable, and including effective date provisions.(See SF 2337.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-13 - Committee report approving bill, renumbered as SF 2337. [SSB3016 Detail]
Download: Iowa-2023-SSB3016-Introduced.html
Senate
Study
Bill
3016
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
traffic
violations
and
enforcement,
1
including
the
use
of
an
electronic
device
in
a
2
voice-activated
or
hands-free
mode
while
driving
and
the
use
3
of
automated
or
remote
systems
for
traffic
law
enforcement,
4
providing
penalties,
making
penalties
applicable,
and
5
including
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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_____
DIVISION
I
1
USE
OF
ELECTRONIC
DEVICES
WHILE
DRIVING
2
Section
1.
Section
321.178,
subsection
2,
paragraph
3
a,
subparagraph
(2),
Code
2024,
is
amended
by
striking
the
4
subparagraph.
5
Sec.
2.
Section
321.178,
subsection
2,
paragraphs
b
and
c,
6
Code
2024,
are
amended
to
read
as
follows:
7
b.
The
department
may
suspend
a
restricted
driver’s
license
8
issued
under
this
section
upon
receiving
satisfactory
evidence
9
that
the
licensee
has
violated
the
restrictions
imposed
under
10
paragraph
“a”
,
subparagraph
(2),
subparagraph
division
(a).
11
The
department
may
also
suspend
a
restricted
license
issued
12
under
this
section
upon
receiving
a
record
of
the
person’s
13
conviction
for
one
violation
and
shall
revoke
the
license
upon
14
receiving
a
record
of
conviction
for
two
or
more
violations
15
of
a
law
of
this
state
or
a
city
ordinance
regulating
the
16
operation
of
motor
vehicles
on
highways,
other
than
parking
17
violations
as
defined
in
section
321.210
.
After
revoking
a
18
license
under
this
section
the
department
shall
not
grant
an
19
application
for
a
new
license
or
permit
until
the
expiration
20
of
one
year
or
until
the
person
attains
the
age
of
eighteen,
21
whichever
is
the
longer
period.
22
c.
A
person
who
violates
the
restrictions
imposed
under
23
paragraph
“a”
,
subparagraph
(2),
subparagraph
division
(a),
24
may
be
issued
a
citation
under
this
section
and
shall
not
be
25
issued
a
citation
under
section
321.193
.
A
violation
of
the
26
restrictions
imposed
under
paragraph
“a”
,
subparagraph
(2),
27
subparagraph
division
(a),
shall
not
be
considered
a
moving
28
violation.
29
Sec.
3.
Section
321.180B,
subsection
3,
paragraph
b,
Code
30
2024,
is
amended
to
read
as
follows:
31
b.
The
department
may
suspend
an
instruction
permit,
32
intermediate
license,
or
full
license
issued
under
this
section
33
upon
receiving
satisfactory
evidence
that
the
person
issued
34
the
instruction
permit,
intermediate
license,
or
full
license
35
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_____
violated
the
restrictions
imposed
under
subsection
1
,
or
2
,
or
1
6
during
the
term
of
the
instruction
permit
or
intermediate
2
license.
3
Sec.
4.
Section
321.180B,
subsection
6,
Code
2024,
is
4
amended
by
striking
the
subsection.
5
Sec.
5.
Section
321.180B,
subsection
7,
Code
2024,
is
6
amended
to
read
as
follows:
7
7.
Citations
for
violation
of
restrictions.
A
person
who
8
violates
the
restrictions
imposed
under
subsection
1
,
or
2
,
or
9
6
may
be
issued
a
citation
under
this
section
and
shall
not
be
10
issued
a
citation
under
section
321.193
.
A
violation
of
the
11
restrictions
imposed
under
subsection
1
,
or
2
,
or
6
shall
not
12
be
considered
a
moving
violation.
13
Sec.
6.
Section
321.194,
subsection
2,
paragraph
b,
14
subparagraph
(2),
Code
2024,
is
amended
by
striking
the
15
subparagraph.
16
Sec.
7.
Section
321.210,
subsection
2,
paragraph
e,
Code
17
2024,
is
amended
by
striking
the
paragraph.
18
Sec.
8.
Section
321.238,
Code
2024,
is
amended
to
read
as
19
follows:
20
321.238
Use
of
electronic
devices
while
driving
——
preemption
21
of
local
legislation.
22
The
provisions
of
this
chapter
restricting
the
use
of
23
electronic
communication
devices
and
electronic
entertainment
24
devices
by
motor
vehicle
operators
shall
be
implemented
25
uniformly
throughout
the
state.
Such
provisions
shall
preempt
26
any
county
or
municipal
ordinance
regarding
the
use
of
an
27
electronic
communication
device
or
electronic
entertainment
28
device
by
a
motor
vehicle
operator.
In
addition,
a
county
or
29
municipality
shall
not
adopt
or
continue
in
effect
an
ordinance
30
regarding
the
use
of
an
electronic
communication
device
or
31
electronic
entertainment
device
by
a
motor
vehicle
operator.
32
Sec.
9.
Section
321.276,
subsection
1,
Code
2024,
is
amended
33
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
34
following:
35
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_____
1.
For
purposes
of
this
section:
1
a.
“Electronic
device”
means
a
device
that
is
powered
by
2
electricity,
including
by
a
battery,
and
that
is
capable
of
3
being
used
to
compose,
send,
receive,
or
read
an
electronic
4
message,
or
that
is
capable
of
storing,
retrieving
on-demand,
5
or
displaying
videos,
movies,
broadcast
television
images,
6
visual
images,
or
audio
or
video
data
files.
“Electronic
7
device”
includes
but
is
not
limited
to
a
telephone
including
8
a
cellular
telephone,
personal
digital
assistant,
portable
9
or
mobile
computer
including
a
tablet,
two-way
messaging
10
device,
electronic
gaming
device,
and
any
substantially
similar
11
portable
device
that
is
used
to
initiate,
store,
or
receive
12
electronic
communication,
information,
or
data.
“Electronic
13
device”
does
not
include
a
device
that
is
physically
or
14
electronically
integrated
into
a
motor
vehicle,
including
but
15
not
limited
to
an
integrated
global
positioning
system
or
16
navigation
system
when
the
destination
is
entered
into
such
17
system
before
the
vehicle
is
in
motion.
18
b.
“Use”
includes
but
is
not
limited
to
holding,
viewing,
or
19
manipulating
an
electronic
device.
20
c.
“Voice-activated
or
hands-free
mode”
means
an
attachment,
21
accessory,
application,
wireless
connection,
or
built-in
22
feature
of
an
electronic
device
or
motor
vehicle
that
allows
23
a
person
to
use
verbal
commands
or
a
single
touch
to
activate
24
or
deactivate
the
device
or
a
function
or
software
application
25
of
the
device.
“Voice-activated
or
hands-free
mode”
does
not
26
include
accessing
nonnavigation
video
content,
engaging
in
a
27
video
call,
accessing
or
engaging
in
video
streaming,
accessing
28
gaming
data,
or
reading
an
electronic
message
or
notification.
29
Sec.
10.
Section
321.276,
subsections
2,
3,
and
4,
Code
30
2024,
are
amended
to
read
as
follows:
31
2.
A
person
shall
not
use
a
hand-held
an
electronic
32
communication
device
to
write,
send,
or
view
an
electronic
33
message
while
driving
a
motor
vehicle
unless
the
motor
vehicle
34
is
at
a
complete
stop
off
the
traveled
portion
of
the
roadway
,
35
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_____
or
as
far
away
from
the
center
of
the
roadway
as
is
practicable
1
if
the
vehicle
cannot
be
entirely
removed
from
the
traveled
2
portion
of
the
roadway
.
3
a.
A
person
does
not
violate
this
section
by
using
a
global
4
positioning
system
or
navigation
system
or
when,
for
the
5
purpose
of
engaging
in
a
call,
the
person
selects
or
enters
a
6
telephone
number
or
name
in
a
hand-held
mobile
telephone
or
7
activates,
deactivates,
or
initiates
a
function
of
a
hand-held
8
mobile
telephone
an
electronic
device
in
a
voice-activated
or
9
hands-free
mode
.
10
b.
The
provisions
of
this
subsection
relating
to
writing,
11
sending,
or
viewing
an
electronic
message
the
use
of
an
12
electronic
device
do
not
apply
to
the
following
persons:
13
(1)
A
member
of
a
public
safety
agency,
as
defined
in
14
section
34.1
,
performing
official
duties.
15
(2)
A
health
care
professional
in
the
course
of
an
emergency
16
situation.
17
(3)
A
person
receiving
safety-related
information
including
18
emergency
,
traffic,
or
weather
alerts.
19
(4)
A
person
using
an
electronic
device
for
the
purpose
20
of
reporting
an
emergency
situation,
including
any
continued
21
communication
with
emergency
personnel
during
the
emergency
22
situation,
or
public
transit
personnel
responding
to
a
23
transit-specific
situation.
24
(5)
A
person
operating
an
implement
of
husbandry.
25
(6)
A
person
using
a
two-way
radio
transmitter
or
receiver
26
who
is
licensed
with
the
federal
communications
commission
in
27
amateur
radio
service.
28
(7)
A
member
of
a
public
transit
system,
as
defined
in
29
section
324A.1,
performing
official
duties
while
in
a
vehicle
30
that
is
not
in
motion.
31
(8)
A
utility
maintenance
employee
or
contractor
using
32
an
electronic
device
while
in
a
utility
maintenance
vehicle,
33
for
the
purpose
of
providing
utility
services
including
34
but
not
limited
to
cable,
electric,
natural
gas,
telephone,
35
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telecommunication,
water,
and
wastewater
treatment
services,
1
provided
the
employee
or
contractor
is
acting
within
the
scope
2
of
their
employment
or
agency.
3
(9)
A
transportation
network
company
driver,
as
defined
in
4
section
321N.1,
while
engaged
in
a
prearranged
ride,
as
defined
5
in
section
321N.1,
provided
the
vehicle
is
not
in
motion.
6
(10)
A
person
using
an
electronic
device
for
the
purpose
of
7
accessing
or
using
a
fleet
management
system.
8
3.
Nothing
in
this
section
shall
be
construed
to
authorize
9
a
peace
officer
to
confiscate
a
hand-held
an
electronic
10
communication
device
from
the
driver
or
occupant
of
a
motor
11
vehicle.
12
4.
a.
A
person
convicted
of
a
violation
of
this
section
13
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
14
violation
under
section
805.8A,
subsection
14
,
paragraph
“l”
.
15
b.
A
violation
of
this
section
shall
not
be
considered
a
16
moving
violation
for
purposes
of
this
chapter
or
and
rules
17
adopted
pursuant
to
this
chapter
.
18
c.
Notwithstanding
paragraphs
“a”
and
“b”
,
a
peace
officer
19
shall
issue
a
warning
memorandum
in
lieu
of
a
citation
to
a
20
person
for
violating
this
section.
This
paragraph
is
repealed
21
January
1,
2025.
22
Sec.
11.
Section
321.482A,
unnumbered
paragraph
1,
Code
23
2024,
is
amended
to
read
as
follows:
24
Notwithstanding
section
321.482
,
a
person
who
is
convicted
25
of
operating
a
motor
vehicle
in
violation
of
section
321.178,
26
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
section
27
321.180B,
subsection
6
,
section
321.194,
subsection
2
,
28
paragraph
“b”
,
subparagraph
(2),
section
321.256
,
321.257
,
29
section
321.275,
subsection
4
,
section
321.276
,
321.297
,
30
321.298
,
321.299
,
321.302
,
321.303
,
321.304
,
321.305
,
321.306
,
31
321.307
,
321.311
,
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
32
321.324
,
321.324A
,
321.327
,
321.329
,
321.333
,
section
321.372,
33
subsection
3
,
or
section
321.449B
,
causing
serious
injury
to
34
or
the
death
of
another
person
may
be
subject
to
the
following
35
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penalties
in
addition
to
the
penalty
provided
for
a
scheduled
1
violation
in
section
805.8A
or
any
other
penalty
provided
by
2
law:
3
Sec.
12.
Section
321.555,
subsection
2,
Code
2024,
is
4
amended
to
read
as
follows:
5
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
6
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
7
are
required
to
be
reported
to
the
department
by
section
8
321.491
or
chapter
321C
,
except
equipment
violations,
parking
9
violations
as
defined
in
section
321.210
,
violations
of
10
registration
laws,
violations
of
sections
321.445
and
321.446
,
11
violations
of
section
321.276
,
operating
a
vehicle
with
an
12
expired
license
or
permit,
failure
to
appear,
weights
and
13
measures
violations
and
speeding
violations
of
less
than
14
fifteen
miles
per
hour
over
the
legal
speed
limit.
15
Sec.
13.
Section
707.6A,
subsection
2,
paragraph
a,
16
subparagraphs
(1),
(2),
and
(3),
Code
2024,
are
amended
by
17
striking
the
subparagraphs
and
inserting
in
lieu
thereof
the
18
following:
19
(1)
For
purposes
of
this
paragraph
“a”
,
a
person’s
use
of
20
an
electronic
device
while
driving
a
motor
vehicle
shall
be
21
considered
prima
facie
evidence
that
the
person
was
driving
22
the
motor
vehicle
in
a
reckless
manner
with
willful
or
wanton
23
disregard
for
the
safety
of
persons
or
property,
in
violation
24
of
section
321.277.
25
(2)
Subparagraph
(1)
does
not
apply
to
any
of
the
following:
26
(a)
A
person
using
an
electronic
device
in
a
voice-activated
27
or
hands-free
mode.
28
(b)
A
person
listed
in
section
321.276,
subsection
2,
29
paragraph
“b”
.
30
(3)
For
purposes
of
this
paragraph
“a”
,
the
following
31
definitions
apply:
32
(a)
“Electronic
device”
means
the
same
as
defined
in
section
33
321.276.
34
(b)
“Use”
means
the
same
as
defined
in
section
321.276.
35
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(c)
“Voice-activated
or
hands-free
mode”
means
the
same
as
1
defined
in
section
321.276.
2
Sec.
14.
Section
805.8A,
subsection
4,
paragraph
c,
Code
3
2024,
is
amended
by
striking
the
paragraph.
4
Sec.
15.
Section
805.8A,
subsection
14,
paragraph
l,
Code
5
2024,
is
amended
to
read
as
follows:
6
l.
Writing,
sending,
or
viewing
an
Use
of
electronic
message
7
device
while
driving
violations.
For
violations
under
section
8
321.276
,
the
scheduled
fine
is
forty-five
one
hundred
dollars.
9
DIVISION
II
10
AUTOMATIC
TRAFFIC
ENFORCEMENT
PROHIBITED
11
Sec.
16.
NEW
SECTION
.
321.492C
Use
of
automated
or
remote
12
systems
for
traffic
law
enforcement
prohibited
——
sharing
related
13
information
prohibited.
14
1.
The
state
or
a
local
authority
shall
not
place
or
cause
15
to
be
placed
on
or
adjacent
to
a
highway,
or
maintain
or
employ
16
the
use
of,
any
automated
or
remote
system
for
traffic
law
17
enforcement.
18
2.
The
department
of
transportation
and
the
department
of
19
public
safety
shall
not
share
or
provide
information
used
to
20
impose
or
collect
a
civil
penalty
that
results
from
a
violation
21
captured
by
an
automated
or
remote
system
for
traffic
law
22
enforcement
through
any
existing
interstate
compact
that
does
23
not
specifically
allow
or
require
information
to
be
shared
or
24
provided
for
that
explicit
purpose.
25
3.
For
purposes
of
this
section,
“automated
or
remote
system
26
for
traffic
law
enforcement”
means
a
camera
or
other
optical
27
device
designed
to
work
in
conjunction
with
an
official
traffic
28
control
signal
or
speed
measuring
device
to
identify
motor
29
vehicles
operating
in
violation
of
traffic
laws,
the
use
of
30
which
results
in
the
issuance
of
citations
sent
through
the
31
mail
or
by
electronic
means.
32
Sec.
17.
REMOVAL
OF
AUTOMATED
OR
REMOTE
SYSTEMS
FOR
TRAFFIC
33
LAW
ENFORCEMENT
——
VALIDITY
OF
PRIOR
CITATIONS.
Prior
to
July
34
1,
2025,
a
local
authority
using
an
automated
or
remote
system
35
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for
traffic
law
enforcement
shall
discontinue
using
the
system
1
and
remove
the
system
equipment.
On
and
after
July
1,
2025,
2
all
local
ordinances
authorizing
the
use
of
automated
or
remote
3
systems
for
traffic
law
enforcement
are
void.
However,
any
4
citation
issued
or
mailed
pursuant
to
such
an
ordinance
prior
5
to
July
1,
2025,
shall
not
be
invalidated
by
the
enactment
of
6
this
division
of
this
Act
and
shall
be
processed
according
to
7
the
provisions
of
law
under
which
the
citation
was
authorized.
8
Sec.
18.
EFFECTIVE
DATE.
The
section
of
this
division
of
9
this
Act
enacting
section
321.492C
takes
effect
July
1,
2025.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
USE
OF
ELECTRONIC
DEVICES
WHILE
DRIVING.
Under
current
law,
14
Code
section
321.276
prohibits
the
use
of
hand-held
electronic
15
communication
devices
to
write,
send,
or
view
electronic
16
messages
while
driving
a
motor
vehicle.
This
bill
expands
Code
17
section
321.276
to
prohibit
any
use
of
an
electronic
device
18
while
driving.
The
bill
defines
the
terms
“electronic
device”,
19
“use”,
and
“voice-activated
or
hands-free
mode”.
The
bill
20
allows
the
use
of
an
electronic
device
if
the
vehicle
is
at
a
21
complete
stop
off
the
traveled
portion
of
the
roadway,
or
as
22
far
away
from
the
center
of
the
roadway
as
is
practicable
if
23
the
vehicle
cannot
be
entirely
removed.
24
The
bill
provides
exceptions
for
the
use
of
an
electronic
25
device
in
a
voice-activated
or
hands-free
mode,
for
members
of
26
a
public
safety
agency
performing
official
duties,
for
health
27
care
professionals
in
the
course
of
emergency
situations,
28
for
the
purpose
of
receiving
safety-related
information,
29
for
the
purpose
of
reporting
an
emergency
situation,
for
30
persons
operating
an
implement
of
husbandry,
for
certain
radio
31
operators,
for
members
of
a
public
transit
system
performing
32
official
duties
while
in
a
vehicle
that
is
not
in
motion,
for
33
utility
maintenance
employees
or
contractors
for
the
purpose
of
34
providing
utility
services,
for
transportation
network
company
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drivers
engaged
in
a
prearranged
ride
while
the
vehicle
is
1
not
in
motion,
and
for
persons
using
an
electronic
device
for
2
the
purpose
of
accessing
or
using
a
fleet
management
system.
3
Under
current
law,
to
be
considered
an
implement
of
husbandry,
4
a
vehicle
must
be
manufactured,
designed,
or
reconstructed
5
for
agricultural
purposes,
exclusively
used
in
the
conduct
6
of
agricultural
operations
except
for
incidental
uses,
and
7
operated
at
speeds
of
35
miles
per
hour
or
less.
8
The
bill
makes
a
violation
of
Code
section
321.276
a
moving
9
violation.
Under
current
law,
a
moving
violation
can
be
10
considered
for
purposes
of
administrative
suspension
of
a
11
driver’s
license
(Code
section
321.210;
761
IAC
615.12)
or
to
12
establish
habitual
offender
status
(Code
section
321.555).
13
However,
a
peace
officer
is
required
to
issue
a
warning
14
memorandum
in
lieu
of
a
citation
for
violations
that
occur
15
during
the
period
between
the
effective
date
of
the
bill
and
16
January
1,
2025.
17
The
bill
increases
the
scheduled
fine
for
a
violation
of
Code
18
section
321.276
from
$45
to
$100.
Under
Code
section
321.482A,
19
if
a
person
is
convicted
for
a
violation
and
the
violation
20
causes
a
serious
injury,
a
court
could
impose
an
additional
21
fine
of
$500
or
suspend
the
person’s
driver’s
license
for
not
22
more
than
90
days,
or
both.
If
a
person
is
convicted
for
a
23
violation
and
the
violation
causes
a
death,
a
court
could
24
impose
an
additional
fine
of
$1,000
or
suspend
the
person’s
25
driver’s
license
for
not
more
than
180
days,
or
both.
By
26
operation
of
law,
a
person
issued
a
warning
memorandum
under
27
the
bill
is
not
subject
to
the
enhanced
penalties
under
Code
28
section
321.482A.
29
The
bill
makes
corresponding
changes
to
Code
sections
30
321.238
(preemption
of
local
legislation)
and
707.6A
(homicide
31
or
serious
injury
by
vehicle)
to
align
those
provisions
to
the
32
provisions
of
Code
section
321.276
as
amended
by
the
bill.
33
The
bill
also
makes
corresponding
changes
to
Code
sections
34
321.178,
321.180B,
and
321.194,
by
striking
provisions
relating
35
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to
the
use
of
electronic
communication
devices
while
driving
1
by
persons
under
the
age
of
18
who
are
issued
certain
types
2
of
driver’s
licenses,
thereby
making
Code
section
321.276
as
3
amended
by
the
bill
applicable
to
such
persons.
4
AUTOMATED
TRAFFIC
ENFORCEMENT
PROHIBITED.
On
and
after
July
5
1,
2025,
the
bill
prohibits
the
state
or
a
local
authority
from
6
placing
or
causing
to
be
placed
on
or
adjacent
to
a
highway,
or
7
maintaining
or
employing
the
use
of,
any
automated
or
remote
8
system
for
traffic
law
enforcement
(ATE
system).
The
bill
also
9
prohibits
the
department
of
transportation
and
the
department
10
of
public
safety
from
providing
information
used
to
impose
or
11
collect
a
civil
penalty
that
results
from
a
violation
captured
12
by
an
ATE
system
through
an
existing
interstate
compact
13
agreement
unless
the
agreement
specifically
allows
or
requires
14
that
information
to
be
shared
or
provided
for
that
specific
15
purpose.
16
The
bill
defines
“automated
or
remote
system
for
traffic
law
17
enforcement”
to
mean
a
camera
or
other
optical
device
designed
18
to
work
in
conjunction
with
an
official
traffic
control
signal
19
or
speed
measuring
device
to
identify
motor
vehicles
operating
20
in
violation
of
traffic
laws,
the
use
of
which
results
in
the
21
issuance
of
citations
sent
through
the
mail
or
by
electronic
22
means.
23
The
bill
requires
that
prior
to
July
1,
2025,
a
local
24
authority
using
an
ATE
system
must
discontinue
using
the
system
25
and
remove
the
system
equipment.
On
and
after
July
1,
2025,
26
all
local
ordinances
authorizing
the
use
of
ATE
systems
are
27
void.
However,
the
bill
provides
that
any
citation
issued
or
28
mailed
pursuant
to
such
an
ordinance
prior
to
July
1,
2025,
is
29
not
invalidated
by
the
bill
and
must
be
processed
according
to
30
the
provisions
of
law
under
which
the
citation
was
authorized.
31
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