Senate File 547 - Introduced SENATE FILE 547 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 207) (SUCCESSOR TO SF 60) A BILL FOR An Act relating to the use of an electronic device in a 1 voice-activated or hands-free mode while driving, providing 2 penalties, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1071SZ (1) 90 th/ns
S.F. 547 Section 1. Section 321.178, subsection 2, paragraph 1 a, subparagraph (2), Code 2023, is amended by striking the 2 subparagraph. 3 Sec. 2. Section 321.178, subsection 2, paragraphs b and c, 4 Code 2023, are amended to read as follows: 5 b. The department may suspend a restricted drivers 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 persons 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 2023, 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 -1- LSB 1071SZ (1) 90 th/ns 1/ 8
S.F. 547 license. 1 Sec. 4. Section 321.180B, subsection 6, Code 2023, is 2 amended by striking the subsection. 3 Sec. 5. Section 321.180B, subsection 7, Code 2023, 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 2023, is amended by striking the 13 subparagraph. 14 Sec. 7. Section 321.210, subsection 2, paragraph e, Code 15 2023, is amended by striking the paragraph. 16 Sec. 8. Section 321.238, Code 2023, is amended to read as 17 follows: 18 321.238 Use of electronic devices while driving preemption 19 of local legislation. 20 The provisions of this chapter restricting the use of 21 electronic communication devices and electronic entertainment 22 devices by motor vehicle operators shall be implemented 23 uniformly throughout the state. Such provisions shall preempt 24 any county or municipal ordinance regarding the use of an 25 electronic communication device or electronic entertainment 26 device by a motor vehicle operator. In addition, a county or 27 municipality shall not adopt or continue in effect an ordinance 28 regarding the use of an electronic communication device or 29 electronic entertainment device by a motor vehicle operator. 30 Sec. 9. Section 321.276, subsection 1, Code 2023, is amended 31 by striking the subsection and inserting in lieu thereof the 32 following: 33 1. For purposes of this section: 34 a. Electronic device means a device that is powered by 35 -2- LSB 1071SZ (1) 90 th/ns 2/ 8
S.F. 547 electricity, including by a battery, and that is capable of 1 being used to compose, send, receive, or read an electronic 2 message, or that is capable of storing, retrieving on-demand, 3 or displaying videos, movies, broadcast television images, 4 visual images, or audio or video data files. Electronic 5 device includes but is not limited to a telephone including 6 a cellular telephone, personal digital assistant, portable 7 or mobile computer including a tablet, two-way messaging 8 device, electronic gaming device, and any substantially similar 9 portable device that is used to initiate, store, or receive 10 electronic communication, information, or data. Electronic 11 device does not include a device that is physically or 12 electronically integrated into a motor vehicle, including but 13 not limited to an integrated global positioning system or 14 navigation system when the destination is entered into such 15 system before the vehicle is in motion. 16 b. Use includes but is not limited to holding, viewing, or 17 manipulating an electronic device. 18 c. Voice-activated or hands-free mode means an attachment, 19 accessory, application, wireless connection, or built-in 20 feature of an electronic device or motor vehicle that allows 21 a person to use verbal commands or a single touch to activate 22 or deactivate the device or a function or software application 23 of the device. Voice-activated or hands-free mode does not 24 include accessing nonnavigation video content, engaging in a 25 video call, accessing or engaging in video streaming, accessing 26 gaming data, or reading an electronic message or notification. 27 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code 28 2023, are amended to read as follows: 29 2. A person shall not use a hand-held an electronic 30 communication device to write, send, or view an electronic 31 message while driving a motor vehicle unless the motor vehicle 32 is at a complete stop off the traveled portion of the roadway , 33 or as far away from the center of the roadway as is practicable 34 if the vehicle cannot be entirely removed from the traveled 35 -3- LSB 1071SZ (1) 90 th/ns 3/ 8
S.F. 547 portion of the roadway . 1 a. A person does not violate this section by using a global 2 positioning system or navigation system or when, for the 3 purpose of engaging in a call, the person selects or enters a 4 telephone number or name in a hand-held mobile telephone or 5 activates, deactivates, or initiates a function of a hand-held 6 mobile telephone an electronic device in a voice-activated or 7 hands-free mode . 8 b. The provisions of this subsection relating to writing, 9 sending, or viewing an electronic message the use of an 10 electronic device do not apply to the following persons: 11 (1) A member of a public safety agency, as defined in 12 section 34.1 , performing official duties. 13 (2) A health care professional in the course of an emergency 14 situation. 15 (3) A person receiving safety-related information including 16 emergency , traffic, or weather alerts. 17 (4) A person using an electronic device for the purpose 18 of reporting an emergency situation, including any continued 19 communication with emergency personnel during the emergency 20 situation, or public transit personnel responding to a 21 transit-specific situation. 22 (5) A person operating an implement of husbandry. 23 (6) A person using a two-way radio transmitter or receiver 24 who is licensed with the federal communications commission in 25 amateur radio service. 26 (7) A member of a public transit system, as defined in 27 section 324A.1, performing official duties while in a vehicle 28 that is not in motion. 29 (8) A utility maintenance employee or contractor using 30 an electronic device while in a utility maintenance vehicle, 31 for the purpose of providing utility services including 32 but not limited to cable, electric, natural gas, telephone, 33 telecommunication, water, and wastewater treatment services, 34 provided the employee or contractor is acting within the scope 35 -4- LSB 1071SZ (1) 90 th/ns 4/ 8
S.F. 547 of their employment or agency. 1 (9) A transportation network company driver, as defined in 2 section 321N.1, while engaged in a prearranged ride, as defined 3 in section 321N.1, provided the vehicle is not in motion. 4 (10) A person using an electronic device for the purpose of 5 accessing or using a fleet management system. 6 3. Nothing in this section shall be construed to authorize 7 a peace officer to confiscate a hand-held an electronic 8 communication device from the driver or occupant of a motor 9 vehicle. 10 4. a. A person convicted of a violation of this section 11 is guilty of a simple misdemeanor punishable as a scheduled 12 violation under section 805.8A, subsection 14 , paragraph l . 13 b. A violation of this section shall not be considered a 14 moving violation for purposes of this chapter or and rules 15 adopted pursuant to this chapter . 16 c. Notwithstanding paragraphs a and b , a peace officer 17 shall issue a warning memorandum in lieu of a citation to a 18 person for violating this section. This paragraph is repealed 19 January 1, 2024. 20 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code 21 2023, is amended to read as follows: 22 Notwithstanding section 321.482 , a person who is convicted 23 of operating a motor vehicle in violation of section 321.178, 24 subsection 2 , paragraph a , subparagraph (2), section 25 321.180B, subsection 6 , section 321.194, subsection 2 , 26 paragraph b , subparagraph (2), section 321.256 , 321.257 , 27 section 321.275, subsection 4 , section 321.276 , 321.297 , 28 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 29 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 30 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 31 subsection 3 , or section 321.449B , causing serious injury to 32 or the death of another person may be subject to the following 33 penalties in addition to the penalty provided for a scheduled 34 violation in section 805.8A or any other penalty provided by 35 -5- LSB 1071SZ (1) 90 th/ns 5/ 8
S.F. 547 law: 1 Sec. 12. Section 321.555, subsection 2, Code 2023, is 2 amended to read as follows: 3 2. Six or more of any separate and distinct offenses within 4 a two-year period in the operation of a motor vehicle, which 5 are required to be reported to the department by section 6 321.491 or chapter 321C , except equipment violations, parking 7 violations as defined in section 321.210 , violations of 8 registration laws, violations of sections 321.445 and 321.446 , 9 violations of section 321.276 , operating a vehicle with an 10 expired license or permit, failure to appear, weights and 11 measures violations and speeding violations of less than 12 fifteen miles per hour over the legal speed limit. 13 Sec. 13. Section 707.6A, subsection 2, paragraph a, 14 subparagraphs (1), (2), and (3), Code 2023, are amended by 15 striking the subparagraphs and inserting in lieu thereof the 16 following: 17 (1) For purposes of this paragraph a , a persons use of 18 an electronic device while driving a motor vehicle shall be 19 considered prima facie evidence that the person was driving 20 the motor vehicle in a reckless manner with willful or wanton 21 disregard for the safety of persons or property, in violation 22 of section 321.277. 23 (2) Subparagraph (1) does not apply to any of the following: 24 (a) A person using an electronic device in a voice-activated 25 or hands-free mode. 26 (b) A person listed in section 321.276, subsection 2, 27 paragraph b . 28 (3) For purposes of this paragraph a , the following 29 definitions apply: 30 (a) Electronic device means the same as defined in section 31 321.276. 32 (b) Use means the same as defined in section 321.276. 33 (c) Voice-activated or hands-free mode means the same as 34 defined in section 321.276. 35 -6- LSB 1071SZ (1) 90 th/ns 6/ 8
S.F. 547 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code 1 2023, is amended by striking the paragraph. 2 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code 3 2023, is amended to read as follows: 4 l. Writing, sending, or viewing an Use of electronic message 5 device while driving violations. For violations under section 6 321.276 , the scheduled fine is forty-five one hundred dollars. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanations substance by the members of the general assembly. 10 Under current law, Code section 321.276 prohibits the use of 11 hand-held electronic communication devices to write, send, or 12 view electronic messages while driving a motor vehicle. This 13 bill expands Code section 321.276 to prohibit any use of an 14 electronic device while driving. The bill defines the terms 15 electronic device, use, and voice-activated or hands-free 16 mode. The bill allows the use of an electronic device if the 17 vehicle is at a complete stop off the traveled portion of the 18 roadway, or as far away from the center of the roadway as is 19 practicable if the vehicle cannot be entirely removed. 20 The bill provides exceptions for the use of an electronic 21 device in a voice-activated or hands-free mode, for members of 22 a public safety agency performing official duties, for health 23 care professionals in the course of emergency situations, 24 for the purpose of receiving safety-related information, 25 for the purpose of reporting an emergency situation, for 26 persons operating an implement of husbandry, for certain radio 27 operators, for members of a public transit system performing 28 official duties while in a vehicle that is not in motion, for 29 utility maintenance employees or contractors for the purpose of 30 providing utility services, for transportation network company 31 drivers engaged in a prearranged ride while the vehicle is 32 not in motion, and for persons using an electronic device for 33 the purpose of accessing or using a fleet management system. 34 Under current law, to be considered an implement of husbandry, 35 -7- LSB 1071SZ (1) 90 th/ns 7/ 8
S.F. 547 a vehicle must be manufactured, designed, or reconstructed 1 for agricultural purposes, exclusively used in the conduct 2 of agricultural operations except for incidental uses, and 3 operated at speeds of 35 miles per hour or less. 4 The bill makes a violation of Code section 321.276 a moving 5 violation. Under current law, a moving violation can be 6 considered for purposes of administrative suspension of a 7 drivers license (Code section 321.210; 761 IAC 615.12) or to 8 establish habitual offender status (Code section 321.555). 9 However, a peace officer is required to issue a warning 10 memorandum in lieu of a citation for violations that occur 11 during the period between the effective date of the bill and 12 January 1, 2024. 13 The bill increases the scheduled fine for a violation of Code 14 section 321.276 from $45 to $100. Under Code section 321.482A, 15 if a person is convicted for a violation and the violation 16 causes a serious injury, a court could impose an additional 17 fine of $500 or suspend the persons drivers license for not 18 more than 90 days, or both. If a person is convicted for a 19 violation and the violation causes a death, a court could 20 impose an additional fine of $1,000 or suspend the persons 21 drivers license for not more than 180 days, or both. By 22 operation of law, a person issued a warning memorandum under 23 the bill is not subject to the enhanced penalties under Code 24 section 321.482A. 25 The bill makes corresponding changes to Code sections 26 321.238 (preemption of local legislation) and 707.6A (homicide 27 or serious injury by vehicle) to align those provisions to the 28 provisions of Code section 321.276 as amended by the bill. 29 The bill also makes corresponding changes to Code sections 30 321.178, 321.180B, and 321.194, by striking provisions relating 31 to the use of electronic communication devices while driving 32 by persons under the age of 18 who are issued certain types 33 of drivers licenses, thereby making Code section 321.276 as 34 amended by the bill applicable to such persons. 35 -8- LSB 1071SZ (1) 90 th/ns 8/ 8