Senate File 71 - Introduced SENATE FILE 71 BY JOCHUM 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 1231XS (1) 90 th/ns
S.F. 71 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 1231XS (1) 90 th/ns 1/ 8
S.F. 71 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 powered by electricity 35 -2- LSB 1231XS (1) 90 th/ns 2/ 8
S.F. 71 that is capable of being used to compose, send, receive, or 1 read an electronic message, or that is capable of storing, 2 retrieving on-demand, or displaying videos, movies, broadcast 3 television images, visual images, or audio or video data 4 files. Electronic device includes but is not limited to 5 a telephone, personal digital assistant, portable or mobile 6 computer, and any substantially similar portable device that is 7 used to initiate, store, or receive electronic communication, 8 information, or data. Electronic device does not include a 9 device that is physically or electronically integrated into 10 a motor vehicle, including but not limited to an integrated 11 global positioning system or navigation system. 12 b. Voice-activated or hands-free mode means an attachment, 13 accessory, application, wireless connection, or built-in 14 feature of an electronic device or motor vehicle that allows a 15 person to use verbal or single-touch commands to activate or 16 deactivate the device or a function or software application 17 of the device. Voice-activated or hands-free mode does not 18 include accessing nonnavigation video content, engaging in a 19 video call, accessing or engaging in video streaming, accessing 20 gaming data, or reading an electronic message. 21 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code 22 2023, are amended to read as follows: 23 2. A person shall not use a hand-held an electronic 24 communication device to write, send, or view an electronic 25 message while driving a motor vehicle unless the motor vehicle 26 is at a complete stop off the traveled portion of the roadway , 27 or as far away from the center of the roadway as is practicable 28 if the vehicle cannot be entirely removed from the traveled 29 portion of the roadway . 30 a. A person does not violate this section by using a global 31 positioning system or navigation system or when, for the 32 purpose of engaging in a call, the person selects or enters a 33 telephone number or name in a hand-held mobile telephone or 34 activates, deactivates, or initiates a function of a hand-held 35 -3- LSB 1231XS (1) 90 th/ns 3/ 8
S.F. 71 mobile telephone an electronic device in a voice-activated or 1 hands-free mode . 2 b. The provisions of this subsection relating to writing, 3 sending, or viewing an electronic message the use of an 4 electronic device do not apply to the following persons: 5 (1) A member of a public safety agency, as defined in 6 section 34.1 , performing official duties. 7 (2) A health care professional in the course of an emergency 8 situation. 9 (3) A person receiving safety-related information including 10 emergency , traffic, or weather alerts. 11 (4) A person using an electronic device for the purpose 12 of reporting an emergency situation, including any continued 13 communication with emergency personnel during the emergency 14 situation, or public transit personnel responding to a 15 transit-specific situation. 16 (5) A person using a two-way radio transmitter or receiver 17 who is licensed with the federal communications commission in 18 amateur radio service. 19 (6) A member of a public transit system, as defined in 20 section 324A.1, performing official duties while in a vehicle 21 that is not in motion. 22 (7) A utility maintenance employee or contractor using 23 an electronic device while in a utility maintenance vehicle, 24 for the purpose of providing utility services including 25 but not limited to cable, electric, natural gas, telephone, 26 telecommunication, water, and wastewater treatment services, 27 provided the employee or contractor is acting within the scope 28 of their employment or agency. 29 (8) A transportation network company driver, as defined in 30 section 321N.1, while engaged in a prearranged ride, as defined 31 in section 321N.1, provided the vehicle is not in motion. 32 (9) A person using an electronic device for the purpose of 33 accessing or using a fleet management system. 34 3. Nothing in this section shall be construed to authorize 35 -4- LSB 1231XS (1) 90 th/ns 4/ 8
S.F. 71 a peace officer to confiscate a hand-held an electronic 1 communication device from the driver or occupant of a motor 2 vehicle. 3 4. a. A person convicted of a violation of this section 4 is guilty of a simple misdemeanor punishable as a scheduled 5 violation under section 805.8A, subsection 14 , paragraph l . 6 b. A violation of this section shall not be considered a 7 moving violation for purposes of this chapter or and rules 8 adopted pursuant to this chapter . 9 c. Notwithstanding paragraphs a and b , a peace officer 10 shall issue a warning memorandum in lieu of a citation to a 11 person for violating this section. This paragraph is repealed 12 January 1, 2024. 13 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code 14 2023, is amended to read as follows: 15 Notwithstanding section 321.482 , a person who is convicted 16 of operating a motor vehicle in violation of section 321.178, 17 subsection 2 , paragraph a , subparagraph (2), section 18 321.180B, subsection 6 , section 321.194, subsection 2 , 19 paragraph b , subparagraph (2), section 321.256 , 321.257 , 20 section 321.275, subsection 4 , section 321.276 , 321.297 , 21 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 22 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 23 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 24 subsection 3 , or section 321.449B , causing serious injury to 25 or the death of another person may be subject to the following 26 penalties in addition to the penalty provided for a scheduled 27 violation in section 805.8A or any other penalty provided by 28 law: 29 Sec. 12. Section 321.555, subsection 2, Code 2023, is 30 amended to read as follows: 31 2. Six or more of any separate and distinct offenses within 32 a two-year period in the operation of a motor vehicle, which 33 are required to be reported to the department by section 34 321.491 or chapter 321C , except equipment violations, parking 35 -5- LSB 1231XS (1) 90 th/ns 5/ 8
S.F. 71 violations as defined in section 321.210 , violations of 1 registration laws, violations of sections 321.445 and 321.446 , 2 violations of section 321.276 , operating a vehicle with an 3 expired license or permit, failure to appear, weights and 4 measures violations and speeding violations of less than 5 fifteen miles per hour over the legal speed limit. 6 Sec. 13. Section 707.6A, subsection 2, paragraph a, 7 subparagraphs (1), (2), and (3), Code 2023, are amended by 8 striking the subparagraphs and inserting in lieu thereof the 9 following: 10 (1) For purposes of this paragraph a , a persons use of 11 an electronic device while driving a motor vehicle shall be 12 considered prima facie evidence that the person was driving 13 the motor vehicle in a reckless manner with willful or wanton 14 disregard for the safety of persons or property, in violation 15 of section 321.277. 16 (2) Subparagraph (1) does not apply to any of the following: 17 (a) A person using an electronic device in a voice-activated 18 or hands-free mode. 19 (b) A person listed in section 321.276, subsection 2, 20 paragraph b . 21 (3) For purposes of this paragraph a , the following 22 definitions apply: 23 (a) Electronic device means the same as defined in section 24 321.276. 25 (b) Voice-activated or hands-free mode means the same as 26 defined in section 321.276. 27 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code 28 2023, is amended by striking the paragraph. 29 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code 30 2023, is amended to read as follows: 31 l. Writing, sending, or viewing an Use of electronic message 32 device while driving violations. For violations under section 33 321.276 , the scheduled fine is forty-five dollars. 34 EXPLANATION 35 -6- LSB 1231XS (1) 90 th/ns 6/ 8
S.F. 71 The inclusion of this explanation does not constitute agreement with 1 the explanations substance by the members of the general assembly. 2 Under current law, Code section 321.276 prohibits the use of 3 hand-held electronic communication devices to write, send, or 4 view electronic messages while driving a motor vehicle. This 5 bill expands Code section 321.276 to prohibit any use of an 6 electronic device while driving. The bill defines the terms 7 electronic device and voice-activated or hands-free mode. 8 The bill allows the use of an electronic device if the vehicle 9 is at a complete stop off the traveled portion of the roadway, 10 or as far away from the center of the roadway as is practicable 11 if the vehicle cannot be entirely removed. 12 The bill provides exceptions for the use of an electronic 13 device in a voice-activated or hands-free mode, for members of 14 a public safety agency performing official duties, for health 15 care professionals in the course of emergency situations, for 16 the purpose of receiving safety-related information, for the 17 purpose of reporting an emergency situation, for certain radio 18 operators, for members of a public transit system performing 19 official duties while in a vehicle that is not in motion, for 20 utility maintenance employees or contractors for the purpose of 21 providing utility services, for transportation network company 22 drivers engaged in a prearranged ride while the vehicle is not 23 in motion, and for persons using an electronic device for the 24 purpose of accessing or using a fleet management system. 25 The scheduled fine for a violation of Code section 321.276 26 remains $45. The bill makes a violation of Code section 27 321.276 a moving violation. Under current law, a moving 28 violation can be considered for purposes of administrative 29 suspension of a drivers license or to establish habitual 30 offender status. However, a peace officer is required to issue 31 a warning memorandum in lieu of a citation for violations that 32 occur during the period between the effective date of the bill 33 and January 1, 2024. 34 Under Code section 321.482A, if a person is convicted for a 35 -7- LSB 1231XS (1) 90 th/ns 7/ 8
S.F. 71 violation and the violation causes a serious injury, a court 1 could impose an additional fine of $500 or suspend the persons 2 drivers license for not more than 90 days, or both. If a 3 person is convicted for a violation and the violation causes 4 a death, a court could impose an additional fine of $1,000 or 5 suspend the persons drivers license for not more than 180 6 days, or both. By operation of law, a person issued a warning 7 memorandum under the bill is not subject to the enhanced 8 penalties under Code section 321.482A. 9 The bill makes corresponding changes to Code sections 10 321.238 (preemption of local legislation) and 707.6A (homicide 11 or serious injury by vehicle) to align those provisions to the 12 provisions of Code section 321.276 as amended by the bill. 13 The bill also makes corresponding changes to Code sections 14 321.178, 321.180B, and 321.194, by striking provisions relating 15 to the use of electronic communication devices while driving 16 by persons under the age of 18 who are issued certain types 17 of drivers licenses, thereby making Code section 321.276 as 18 amended by the bill applicable to such persons. 19 -8- LSB 1231XS (1) 90 th/ns 8/ 8