Iowa-2021-HF2129-Introduced

H.F. 2129 Section 1. Section 321.178, subsection 2, paragraph 1 a, subparagraph (2), Code 2022, is amended by striking the 2 subparagraph. 3 Sec. 2. Section 321.178, subsection 2, paragraphs b and c, 4 Code 2022, 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 2022, 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 1179HZ (3) 89 th/ns 1/ 8

H.F. 2129 license. 1 Sec. 4. Section 321.180B, subsection 6, Code 2022, is 2 amended by striking the subsection. 3 Sec. 5. Section 321.180B, subsection 7, Code 2022, 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 2022, is amended by striking the 13 subparagraph. 14 Sec. 7. Section 321.210, subsection 2, paragraph e, Code 15 2022, is amended by striking the paragraph. 16 Sec. 8. Section 321.238, Code 2022, 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 2022, 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 1179HZ (3) 89 th/ns 2/ 8

H.F. 2129 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 2022, 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 a. A person does not violate this section by using a global 28 positioning system or navigation system or when, for the 29 purpose of engaging in a call, the person selects or enters a 30 telephone number or name in a hand-held mobile telephone or 31 activates, deactivates, or initiates a function of a hand-held 32 mobile telephone an electronic device in a voice-activated or 33 hands-free mode . 34 b. The provisions of this subsection relating to writing, 35 -3- LSB 1179HZ (3) 89 th/ns 3/ 8

H.F. 2129 sending, or viewing an electronic message the use of an 1 electronic device do not apply to the following persons: 2 (1) A member of a public safety agency, as defined in 3 section 34.1 , performing official duties. 4 (2) A health care professional in the course of an emergency 5 situation. 6 (3) A person receiving safety-related information including 7 emergency , traffic, or weather alerts. 8 (4) A person using an electronic device for the purpose 9 of reporting an emergency situation, including any continued 10 communication with emergency personnel during the emergency 11 situation, or public transit personnel responding to a 12 transit-specific situation. 13 (5) A person using a two-way radio transmitter or receiver 14 who is licensed with the federal communications commission in 15 amateur radio service. 16 (6) A member of a public transit system, as defined in 17 section 324A.1, performing official duties while in a vehicle 18 that is not in motion. 19 (7) A utility maintenance employee or contractor using 20 an electronic device while in a utility maintenance vehicle, 21 for the purpose of providing utility services including 22 but not limited to cable, electric, natural gas, telephone, 23 telecommunication, water, and wastewater treatment services, 24 provided the employee or contractor is acting within the scope 25 of their employment or agency. 26 (8) A transportation network company driver, as defined in 27 section 321N.1, while engaged in a prearranged ride, as defined 28 in section 321N.1, provided the vehicle is not in motion. 29 3. Nothing in this section shall be construed to authorize 30 a peace officer to confiscate a hand-held an electronic 31 communication device from the driver or occupant of a motor 32 vehicle. 33 4. a. A person convicted of a violation of this section 34 is guilty of a simple misdemeanor punishable as a scheduled 35 -4- LSB 1179HZ (3) 89 th/ns 4/ 8

H.F. 2129 violation under section 805.8A, subsection 14 , paragraph “l” . 1 b. A violation of this section shall not be considered a 2 moving violation for purposes of this chapter or rules adopted 3 pursuant to this chapter . 4 c. Notwithstanding paragraphs “a” and “b” , a peace officer 5 shall issue a warning memorandum in lieu of a citation to a 6 person for violating this section. This paragraph is repealed 7 January 1, 2023. 8 Sec. 11. Section 321.482A, unnumbered paragraph 1, Code 9 2022, is amended to read as follows: 10 Notwithstanding section 321.482 , a person who is convicted 11 of operating a motor vehicle in violation of section 321.178, 12 subsection 2 , paragraph “a” , subparagraph (2), section 13 321.180B, subsection 6 , section 321.194, subsection 2 , 14 paragraph “b” , subparagraph (2), section 321.256 , 321.257 , 15 section 321.275, subsection 4 , section 321.276 , 321.297 , 16 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 17 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 18 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 19 subsection 3 , or section 321.449B , causing serious injury to 20 or the death of another person may be subject to the following 21 penalties in addition to the penalty provided for a scheduled 22 violation in section 805.8A or any other penalty provided by 23 law: 24 Sec. 12. Section 321.555, subsection 2, Code 2022, is 25 amended to read as follows: 26 2. Six or more of any separate and distinct offenses within 27 a two-year period in the operation of a motor vehicle, which 28 are required to be reported to the department by section 29 321.491 or chapter 321C , except equipment violations, parking 30 violations as defined in section 321.210 , violations of 31 registration laws, violations of sections 321.445 and 321.446 , 32 violations of section 321.276 , operating a vehicle with an 33 expired license or permit, failure to appear, weights and 34 measures violations and speeding violations of less than 35 -5- LSB 1179HZ (3) 89 th/ns 5/ 8

H.F. 2129 fifteen miles per hour over the legal speed limit. 1 Sec. 13. Section 707.6A, subsection 2, paragraph a, 2 subparagraphs (1), (2), and (3), Code 2022, are amended by 3 striking the subparagraphs and inserting in lieu thereof the 4 following: 5 (1) For purposes of this paragraph “a” , a person’s use of 6 an electronic device while driving a motor vehicle shall be 7 considered prima facie evidence that the person was driving 8 the motor vehicle in a reckless manner with willful or wanton 9 disregard for the safety of persons or property, in violation 10 of section 321.277. 11 (2) Subparagraph (1) does not apply to any of the following: 12 (a) A person using an electronic device in a voice-activated 13 or hands-free mode. 14 (b) A member of a public safety agency, as defined in 15 section 34.1, performing official duties. 16 (c) A health care professional in the course of an emergency 17 situation. 18 (d) A person receiving safety-related information including 19 emergency or weather alerts. 20 (e) A person using an electronic device for the purpose 21 of reporting an emergency situation, including any continued 22 communication with emergency personnel during the emergency 23 situation, or public transit personnel responding to a 24 transit-specific situation. 25 (f) 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 (g) 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 (h) 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 -6- LSB 1179HZ (3) 89 th/ns 6/ 8

H.F. 2129 telecommunication, water, and wastewater treatment services, 1 provided the employee or contractor is acting within the scope 2 of their employment or agency. 3 (i) 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 (3) For purposes of this paragraph “a” , the following 7 definitions apply: 8 (a) “Electronic device” means the same as defined in section 9 321.276. 10 (b) “Voice-activated or hands-free mode” means the same as 11 defined in section 321.276. 12 Sec. 14. Section 805.8A, subsection 4, paragraph c, Code 13 2022, is amended by striking the paragraph. 14 Sec. 15. Section 805.8A, subsection 14, paragraph l, Code 15 2022, is amended to read as follows: 16 l. Writing, sending, or viewing an Use of electronic message 17 device while driving violations. For violations under section 18 321.276 , the scheduled fine is forty-five one 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 of 23 hand-held electronic communication devices to write, send, or 24 view electronic messages while driving a motor vehicle. This 25 bill expands Code section 321.276 to prohibit any use of an 26 electronic device while driving. The bill defines the terms 27 “electronic device” and “voice-activated or hands-free mode”. 28 The bill provides exceptions for the use of an electronic 29 device in a voice-activated or hands-free mode, for members of 30 a public safety agency performing official duties, for health 31 care professionals in the course of emergency situations, for 32 the purpose of receiving safety-related information, for the 33 purpose of reporting an emergency situation, for certain radio 34 operators, for members of a public transit system performing 35 -7- LSB 1179HZ (3) 89 th/ns 7/ 8

H.F. 2129 official duties while in a vehicle that is not in motion, for 1 utility maintenance employees or contractors for the purpose 2 of providing utility services, and for transportation network 3 company drivers engaged in a prearranged ride while the vehicle 4 is not in motion. 5 The bill makes a violation of Code section 321.276 a moving 6 violation. Under current law, a moving violation can be 7 considered for purposes of administrative suspension of a 8 driver’s license or to establish habitual offender status. 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, 2023. 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 if the violation 16 causes a serious injury, a court could impose an additional 17 fine of $500 or suspend the person’s driver’s license for not 18 more than 90 days, or both. If a person is convicted for a 19 violation and if the violation causes a death, a court could 20 impose an additional fine of $1,000 or suspend the person’s 21 driver’s license for not more than 180 days, or both. 22 The bill makes corresponding changes to Code sections 23 321.238 (preemption of local legislation) and 707.6A (homicide 24 or serious injury by vehicle) to align those provisions to the 25 provisions of Code section 321.276 as amended by the bill. 26 The bill also makes corresponding changes to Code sections 27 321.178, 321.180B, and 321.194, by striking provisions relating 28 to the use of electronic communication devices while driving 29 by persons under the age of 18 who are issued certain types 30 of driver’s licenses, thereby making Code section 321.276 as 31 amended by the bill applicable to such persons. 32 -8- LSB 1179HZ (3) 89 th/ns 8/ 8