House File 2456      

                            AN ACT
CONCERNING THE USE OF ELECTRONIC COMMUNICATION DEVICES
   WHILE DRIVING, AND PROVIDING PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 321.178, subsection 2, paragraph a, Code
2009, is amended to read as follows:
   a.  (1)  A person between sixteen and eighteen years of age
who has completed an approved driver's education course and is
not in attendance at school and has not met the requirements
described in section 299.2, subsection 1, may be issued a
restricted license only for travel to and from work or to
transport dependents to and from temporary care facilities,
if necessary for the person to maintain the person's present
employment. The restricted license shall be issued by the
department only upon confirmation of the person's employment
and need for a restricted license to travel to and from work or
to transport dependents to and from temporary care facilities
if necessary to maintain the person's employment. The employer
shall notify the department if the employment of the person is
terminated before the person attains the age of eighteen.
   (2)  (a)  A person issued a restricted license under this
section shall not use an electronic communication device or an
electronic entertainment device while driving a motor vehicle
unless the motor vehicle is at a complete stop off the traveled
portion of the roadway. This subparagraph division does not
apply to the use of electronic equipment which is permanently
installed in the motor vehicle or to a portable device which is
operated through permanently installed equipment. A violation
of this subparagraph division shall not be considered a moving
violation except for purposes of section 321.193.
   (b)  For the period beginning July 1, 2010, through June
30, 2011, peace officers shall issue only warning citations
for violations of subparagraph division (a).  The department,
in cooperation with the department of public safety, shall
establish educational programs to foster compliance with the
requirements of subparagraph division (a).
   Sec. 2.  Section 321.180B, Code Supplement 2009, is amended
by adding the following new subsection:
   NEW SUBSECTION.  6A.  a.  A person issued an instruction
permit or intermediate driver's license under this section
shall not use an electronic communication device or an
electronic entertainment device while driving a motor vehicle
unless the motor vehicle is at a complete stop off the traveled
portion of the roadway. This paragraph does not apply to the
use of electronic equipment which is permanently installed in
the motor vehicle or to a portable device which is operated
through permanently installed equipment. A violation of this
paragraph shall not be considered a moving violation except for
purposes of section 321.193.
   b.  For the period beginning July 1, 2010, through June 30,
2011, peace officers shall issue only warning citations for
violations of paragraph "a".  The department, in cooperation
with the department of public safety, shall establish
educational programs to foster compliance with the requirements
of paragraph "a".
   Sec. 3.  Section 321.194, subsection 1, Code Supplement
2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  (1)  A person issued a driver's license
under this section shall not use an electronic communication
device or an electronic entertainment device while driving a
motor vehicle unless the motor vehicle is at a complete stop
off the traveled portion of the roadway. This subparagraph
does not apply to the use of electronic equipment which is
permanently installed in the motor vehicle or to a portable
device which is operated through permanently installed
equipment. A violation of this subparagraph shall not be
considered a moving violation except for purposes of section
321.193.
   (2)  For the period beginning July 1, 2010, through June 30,
2011, peace officers shall issue only warning citations for
violations of subparagraph (1).  The department, in cooperation
with the department of public safety, shall establish
educational programs to foster compliance with the requirements
of subparagraph (1).
   Sec. 4.  Section 321.210, subsection 2, Code 2009, is amended
by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Violations of section 321.276.
   Sec. 5.  NEW SECTION.  321.238  Use of electronic devices
while driving == preemption of local legislation.
   The provisions of this chapter restricting the use of
electronic communication devices and electronic entertainment
devices by motor vehicle operators shall be implemented
uniformly throughout the state.  Such provisions shall preempt
any county or municipal ordinance regarding the use of an
electronic communication device or electronic entertainment
device by a motor vehicle operator.  In addition, a county or
municipality shall not adopt or continue in effect an ordinance
regarding the use of an electronic communication device or
electronic entertainment device by a motor vehicle operator.
   Sec. 6.  NEW SECTION.  321.276  Use of electronic
communication device while driving == text=messaging.
   1.  For purposes of this section:
   a.  "Engage in a call" means talking or listening on a mobile
telephone or other portable electronic communication device.
   b.  "Hand=held electronic communication device" means a mobile
telephone or other portable electronic communication device
capable of being used to write, send, or read a text message.
"Hand=held electronic communication device" does not include a
voice=operated or hands=free device which allows the user to
write, send, or read a text message without the use of either
hand except to activate or deactivate a feature or function.
"Hand=held electronic communication device" does not include a
wireless communication device used to transmit or receive data
as part of a digital dispatch system. "Hand=held electronic
communication device" includes a device which is temporarily
mounted inside the motor vehicle, unless the device is a
voice=operated or hands=free device.
   c.  "Text message" includes a text=based message, an instant
message, and electronic mail.
   d.  The terms "write", "send", and "read", with respect
to a text message, mean the manual entry, transmission, and
retrieval of a text message, respectively, to communicate with
any other person or device.
   2.  A person shall not use a hand=held electronic
communication device to write, send, or read a text message
while driving a motor vehicle unless the motor vehicle is at a
complete stop off the traveled portion of the roadway.
   a.  A person does not violate this section by using a global
positioning system or navigation system or when, for the
purpose of engaging in a call, the person selects or enters a
telephone number or name in a hand=held mobile telephone or
activates, deactivates, or initiates a function of a hand=held
mobile telephone.
   b.  The provisions of this subsection relating to reading a
text message do not apply to the following persons:
   (1)  A member of a public safety agency, as defined in
section 34.1, performing official duties.
   (2)  A health care professional in the course of an emergency
situation.
   (3)  A person receiving safety=related information including
emergency, traffic, or weather alerts.
   3.  Nothing in this section shall be construed to authorize a
peace officer to confiscate a portable electronic communication
device from the driver or occupant of a motor vehicle.
   4.  a.  A person convicted of a violation of this section
is guilty of a simple misdemeanor punishable as a scheduled
violation under section 805.8A, subsection 14, paragraph "k".
   b.  A violation of this section shall not be considered a
moving violation for purposes of this chapter or rules adopted
pursuant to this chapter.
   5.  a.  A peace officer shall not stop or detain a person
solely for a suspected violation of this section.  This section
is enforceable by a peace officer only as a secondary action
when the driver of a motor vehicle has been stopped or detained
for a suspected violation of another provision of this chapter,
a local ordinance equivalent to a provision of this chapter,
or other law.
   b.  For the period beginning July 1, 2010, through June 30,
2011, peace officers shall issue only warning citations for
violations of this section.  The department, in cooperation
with the department of public safety, shall establish
educational programs to foster compliance with the requirements
of this section.
   Sec. 7.  Section 321.482A, unnumbered paragraph 1, Code
2009, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted
of operating a motor vehicle in violation of section
321.178, subsection 2, paragraph "a", subparagraph (2),
section 321.180B, subsection 6A, section 321.194, subsection
1, paragraph "c", section 321.275, subsection 4, section
321.276, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304,
321.305, 321.306, 321.307, 321.308, section 321.309, subsection
2, or section 321.311, 321.319, 321.320, 321.321, 321.322,
321.323, 321.323A, 321.324, 321.324A, 321.327, 321.329, or
321.333 causing serious injury to or the death of another
person may be subject to the following penalties in addition
to the penalty provided for a scheduled violation in section
805.8A or any other penalty provided by law:
   Sec. 8.  Section 321.555, subsection 2, Code 2009, is amended
to read as follows:
   2.  Six or more of any separate and distinct offenses within
a two=year period in the operation of a motor vehicle, which
are required to be reported to the department by section
321.491 or chapter 321C, except equipment violations, parking
violations as defined in section 321.210, violations of
registration laws, violations of sections 321.445 and 321.446,
violations of section 321.276, operating a vehicle with an
expired license or permit, failure to appear, weights and
measures violations and speeding violations of less than
fifteen miles per hour over the legal speed limit.
   Sec. 9.  Section 805.8A, subsection 4, paragraph a, Code
Supplement 2009, is amended to read as follows:
   a.  For violations under sections section 321.174A, section
321.178, subsection 2, paragraph "a", subparagraph (2),
sections 321.180, 321.180B, 321.193, and 321.194, the scheduled
fine is thirty dollars.
   Sec. 10.  Section 805.8A, subsection 14, Code Supplement
2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  k.  Text=messaging while driving
violations.  For violations under section 321.276, the scheduled
fine is thirty dollars.


                                                            
                              PATRICK J. MURPHY
                              Speaker of the House


                                                            
                              JOHN P. KIBBIE
                              President of the Senate
   I hereby certify that this bill originated in the House and
is known as House File 2456, Eighty=third General Assembly.


                                                            
                              MARK BRANDSGARD
                              Chief Clerk of the House
Approved                , 2010


                                                            
                              CHESTER J. CULVER
                              Governor

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