Bill Text: IA HSB707 | 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 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 HF 2595.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-19 - Committee report approving bill, renumbered as HF 2595. [HSB707 Detail]
Download: Iowa-2023-HSB707-Introduced.html
House
Study
Bill
707
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BEST)
A
BILL
FOR
An
Act
relating
to
traffic
violations
and
enforcement,
1
including
the
use
of
an
electronic
device
while
driving
2
and
the
use
of
automated
or
remote
systems
for
traffic
3
law
enforcement,
providing
penalties,
making
penalties
4
applicable,
and
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
6321YC
(3)
90
th/ns
H.F.
_____
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
-1-
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6321YC
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th/ns
1/
12
H.F.
_____
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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90
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12
H.F.
_____
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,
physically
19
supporting
with
any
part
of
a
person’s
body,
viewing,
or
20
manually
entering
letters,
numbers,
or
symbols
on
an
electronic
21
device.
“Use”
does
not
include
any
of
the
following,
so
long
as
22
a
person
does
not
manually
enter
letters,
numbers,
or
symbols
23
while
holding
the
device:
24
(1)
Holding
an
electronic
device
directly
near
a
person’s
25
ear
or
with
the
speaker
phone
function
activated
for
the
26
purpose
of
making,
receiving,
or
conducting
a
telephone
call.
27
(2)
Receiving
a
wireless
message
on
an
electronic
device
28
regarding
the
operation
or
navigation
of
a
motor
vehicle,
29
safety-related
information
including
emergency,
traffic,
or
30
weather
alerts,
or
data
used
primarily
by
the
motor
vehicle.
31
(3)
Using
an
electronic
device
for
navigation
purposes.
32
c.
“Voice-activated
or
hands-free
mode”
means
an
attachment,
33
accessory,
application,
wireless
connection,
or
built-in
34
feature
of
an
electronic
device
or
motor
vehicle
that
allows
35
-3-
LSB
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12
H.F.
_____
a
person
to
use
verbal
commands
or
a
single
touch
to
activate
1
or
deactivate
the
device
or
a
function
or
software
application
2
of
the
device.
“Voice-activated
or
hands-free
mode”
does
not
3
include
accessing
nonnavigation
video
content,
engaging
in
a
4
video
call,
accessing
or
engaging
in
video
streaming,
accessing
5
gaming
data,
or
reading
an
electronic
message
or
notification.
6
Sec.
10.
Section
321.276,
subsections
2,
3,
and
4,
Code
7
2024,
are
amended
to
read
as
follows:
8
2.
A
person
shall
not
use
a
hand-held
an
electronic
9
communication
device
to
write,
send,
or
view
an
electronic
10
message
while
driving
a
motor
vehicle
unless
.
For
purposes
of
11
this
subsection,
a
person
is
not
driving
a
motor
vehicle
if
the
12
motor
vehicle
is
at
a
complete
stop
at
a
traffic
control
signal
13
or
device
that
is
directing
the
person
to
stop,
on
a
roadway
14
due
to
an
emergency
or
road
closure,
or
off
the
traveled
15
portion
of
the
roadway
,
or
as
far
away
from
the
center
of
the
16
roadway
as
is
practicable
if
the
vehicle
cannot
be
entirely
17
removed
from
the
traveled
portion
of
the
roadway
.
18
a.
A
person
does
not
violate
this
section
by
using
a
global
19
positioning
system
or
navigation
system
or
when,
for
the
20
purpose
of
engaging
in
a
call,
the
person
selects
or
enters
a
21
telephone
number
or
name
in
a
hand-held
mobile
telephone
or
22
activates,
deactivates,
or
initiates
a
function
of
a
hand-held
23
mobile
telephone
an
electronic
device
in
a
voice-activated
or
24
hands-free
mode
.
25
b.
The
provisions
of
this
subsection
relating
to
writing,
26
sending,
or
viewing
an
electronic
message
the
use
of
an
27
electronic
device
do
not
apply
to
the
following
persons:
28
(1)
A
member
of
a
public
safety
agency,
as
defined
in
29
section
34.1
,
performing
official
duties.
30
(2)
A
health
care
professional
in
the
course
of
an
emergency
31
situation.
32
(3)
A
person
receiving
safety-related
information
including
33
emergency
,
traffic,
or
weather
alerts
using
an
electronic
34
device
for
the
purpose
of
reporting
an
emergency
situation,
35
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LSB
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90
th/ns
4/
12
H.F.
_____
including
any
continued
communication
with
emergency
personnel
1
during
the
emergency
situation,
or
public
transit
personnel
2
responding
to
a
transit-specific
situation
.
3
(4)
A
utility
maintenance
employee
or
contractor
using
4
an
electronic
device
while
in
a
utility
maintenance
vehicle,
5
and
responding
to
an
emergency,
power
outage,
or
circumstance
6
that
affects
the
health
or
safety
of
individuals,
provided
the
7
employee
or
contractor
is
acting
within
the
scope
of
their
8
employment
or
agency.
9
(5)
A
person
operating
a
commercial
motor
vehicle
while
10
using
a
mobile
data
terminal
that
transmits
and
receives
data.
11
(6)
A
person
storing
an
electronic
device
in
a
holster,
12
harness,
or
article
of
clothing
on
the
person’s
body.
13
3.
Nothing
in
this
section
shall
be
construed
to
authorize
14
a
peace
officer
to
confiscate
a
hand-held
an
electronic
15
communication
device
from
the
driver
or
occupant
of
a
motor
16
vehicle.
17
4.
a.
A
person
convicted
of
a
violation
of
this
section
18
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
19
violation
under
section
805.8A,
subsection
14
,
paragraph
“l”
.
20
b.
A
violation
of
this
section
shall
not
be
considered
a
21
moving
violation
for
purposes
of
this
chapter
or
and
rules
22
adopted
pursuant
to
this
chapter
.
23
c.
Notwithstanding
section
321.210
or
any
provision
of
24
this
chapter
to
the
contrary,
but
subject
to
subsection
6,
25
the
department
may
suspend
the
driver’s
license
of
a
person
26
convicted
of
a
violation
of
this
section
for
a
period
not
to
27
exceed
ninety
days.
28
d.
Notwithstanding
paragraphs
“a”
and
“b”
,
a
peace
officer
29
shall
issue
a
warning
memorandum
in
lieu
of
a
citation
to
a
30
person
for
violating
this
section.
This
paragraph
is
repealed
31
January
1,
2025.
32
Sec.
11.
Section
321.276,
Code
2024,
is
amended
by
adding
33
the
following
new
subsections:
34
NEW
SUBSECTION
.
6.
a.
In
lieu
of
the
penalties
provided
35
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12
H.F.
_____
under
subsection
4,
a
person
may
attend
and
successfully
1
complete,
at
the
person’s
own
expense,
a
driver
improvement
2
program
approved
by
the
department.
To
be
eligible,
the
3
person
shall
notify
the
clerk
of
court
prior
to
the
date
of
4
the
person’s
court
appearance
as
indicated
on
the
citation
5
that
the
person
intends
to
attend
and
successfully
complete
a
6
driver
improvement
program,
and
shall
submit
to
the
clerk
of
7
court
written
verification
that
the
person
completed
the
driver
8
improvement
program,
signed
by
the
instructor
of
the
program,
9
within
ninety
days
of
the
violation.
10
b.
A
person
who
notifies
the
clerk
of
court
that
the
person
11
intends
to
successfully
complete
a
driver
improvement
program
12
pursuant
to
paragraph
“a”
,
but
who
does
not
submit
the
required
13
written
verification
that
the
person
successfully
completed
14
the
driver
improvement
program
to
the
clerk
of
court
within
15
ninety
days
of
the
violation,
shall
be
subject
to
the
penalties
16
described
in
subsection
4
on
the
ninety-first
day
after
the
17
violation.
18
NEW
SUBSECTION
.
7.
The
department
of
public
safety
shall
19
submit
a
report
to
the
general
assembly
on
or
before
January
20
31
each
year
detailing
the
number
of
citations
issued
for
21
violations
under
this
section
during
the
previous
calendar
22
year.
The
report
must
include
statistics
detailing
the
race
of
23
each
person
cited.
24
Sec.
12.
Section
321.482A,
unnumbered
paragraph
1,
Code
25
2024,
is
amended
to
read
as
follows:
26
Notwithstanding
section
321.482
,
a
person
who
is
convicted
27
of
operating
a
motor
vehicle
in
violation
of
section
321.178,
28
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
section
29
321.180B,
subsection
6
,
section
321.194,
subsection
2
,
30
paragraph
“b”
,
subparagraph
(2),
section
321.256
,
321.257
,
31
section
321.275,
subsection
4
,
section
321.276
,
321.297
,
32
321.298
,
321.299
,
321.302
,
321.303
,
321.304
,
321.305
,
321.306
,
33
321.307
,
321.311
,
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
34
321.324
,
321.324A
,
321.327
,
321.329
,
321.333
,
section
321.372,
35
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90
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6/
12
H.F.
_____
subsection
3
,
or
section
321.449B
,
causing
serious
injury
to
1
or
the
death
of
another
person
may
be
subject
to
the
following
2
penalties
in
addition
to
the
penalty
provided
for
a
scheduled
3
violation
in
section
805.8A
or
any
other
penalty
provided
by
4
law:
5
Sec.
13.
Section
321.555,
subsection
2,
Code
2024,
is
6
amended
to
read
as
follows:
7
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
8
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
9
are
required
to
be
reported
to
the
department
by
section
10
321.491
or
chapter
321C
,
except
equipment
violations,
parking
11
violations
as
defined
in
section
321.210
,
violations
of
12
registration
laws,
violations
of
sections
321.445
and
321.446
,
13
violations
of
section
321.276
,
operating
a
vehicle
with
an
14
expired
license
or
permit,
failure
to
appear,
weights
and
15
measures
violations
and
speeding
violations
of
less
than
16
fifteen
miles
per
hour
over
the
legal
speed
limit.
17
Sec.
14.
Section
707.6A,
subsection
2,
paragraph
a,
18
subparagraphs
(1),
(2),
and
(3),
Code
2024,
are
amended
by
19
striking
the
subparagraphs
and
inserting
in
lieu
thereof
the
20
following:
21
(1)
For
purposes
of
this
paragraph
“a”
,
a
person’s
use
of
22
an
electronic
device
while
driving
a
motor
vehicle
shall
be
23
considered
prima
facie
evidence
that
the
person
was
driving
24
the
motor
vehicle
in
a
reckless
manner
with
willful
or
wanton
25
disregard
for
the
safety
of
persons
or
property,
in
violation
26
of
section
321.277.
27
(2)
Subparagraph
(1)
does
not
apply
to
any
of
the
following:
28
(a)
A
person
using
an
electronic
device
in
a
voice-activated
29
or
hands-free
mode.
30
(b)
A
person
listed
in
section
321.276,
subsection
2,
31
paragraph
“b”
.
32
(3)
For
purposes
of
this
paragraph
“a”
,
the
following
33
definitions
apply:
34
(a)
“Electronic
device”
means
the
same
as
defined
in
section
35
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_____
321.276.
1
(b)
“Use”
means
the
same
as
defined
in
section
321.276.
2
(c)
“Voice-activated
or
hands-free
mode”
means
the
same
as
3
defined
in
section
321.276.
4
Sec.
15.
Section
805.8A,
subsection
4,
paragraph
c,
Code
5
2024,
is
amended
by
striking
the
paragraph.
6
Sec.
16.
Section
805.8A,
subsection
14,
paragraph
l,
Code
7
2024,
is
amended
to
read
as
follows:
8
l.
Writing,
sending,
or
viewing
an
Use
of
electronic
message
9
device
while
driving
violations.
For
violations
under
section
10
321.276
,
the
scheduled
fine
is
forty-five
dollars.
as
follows:
11
(1)
One
hundred
fifty
dollars
for
a
first
violation.
12
(2)
Two
hundred
fifty
dollars
if
the
violation
is
within
two
13
years
of
a
prior
violation.
14
(3)
Five
hundred
dollars
if
the
violation
is
a
third
or
15
subsequent
violation
within
two
years.
16
DIVISION
II
17
AUTOMATIC
TRAFFIC
ENFORCEMENT
PROHIBITED
18
Sec.
17.
NEW
SECTION
.
321.492C
Use
of
automated
or
remote
19
systems
for
traffic
law
enforcement
prohibited
——
sharing
related
20
information
prohibited.
21
1.
The
state
or
a
local
authority
shall
not
place
or
cause
22
to
be
placed
on
or
adjacent
to
a
highway,
or
maintain
or
employ
23
the
use
of,
any
automated
or
remote
system
for
traffic
law
24
enforcement.
25
2.
The
department
of
transportation
and
the
department
of
26
public
safety
shall
not
share
or
provide
information
used
to
27
impose
or
collect
a
civil
penalty
that
results
from
a
violation
28
captured
by
an
automated
or
remote
system
for
traffic
law
29
enforcement
through
any
existing
interstate
compact
that
does
30
not
specifically
allow
or
require
information
to
be
shared
or
31
provided
for
that
explicit
purpose.
32
3.
For
purposes
of
this
section,
“automated
or
remote
system
33
for
traffic
law
enforcement”
means
a
camera
or
other
optical
34
device
designed
to
work
in
conjunction
with
an
official
traffic
35
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12
H.F.
_____
control
signal
or
speed
measuring
device
to
identify
motor
1
vehicles
operating
in
violation
of
traffic
laws,
the
use
of
2
which
results
in
the
issuance
of
citations
sent
through
the
3
mail
or
by
electronic
means.
4
Sec.
18.
REMOVAL
OF
AUTOMATED
OR
REMOTE
SYSTEMS
FOR
TRAFFIC
5
LAW
ENFORCEMENT
——
VALIDITY
OF
PRIOR
CITATIONS.
Prior
to
July
6
1,
2025,
a
local
authority
using
an
automated
or
remote
system
7
for
traffic
law
enforcement
shall
discontinue
using
the
system
8
and
remove
the
system
equipment.
On
and
after
July
1,
2025,
9
all
local
ordinances
authorizing
the
use
of
automated
or
remote
10
systems
for
traffic
law
enforcement
are
void.
However,
any
11
citation
issued
or
mailed
pursuant
to
such
an
ordinance
prior
12
to
July
1,
2025,
shall
not
be
invalidated
by
the
enactment
of
13
this
division
of
this
Act
and
shall
be
processed
according
to
14
the
provisions
of
law
under
which
the
citation
was
authorized.
15
Sec.
19.
EFFECTIVE
DATE.
The
section
of
this
division
of
16
this
Act
enacting
section
321.492C
takes
effect
July
1,
2025.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
USE
OF
ELECTRONIC
DEVICES
WHILE
DRIVING.
Under
current
law,
21
Code
section
321.276
prohibits
the
use
of
hand-held
electronic
22
communication
devices
to
write,
send,
or
view
electronic
23
messages
while
driving
a
motor
vehicle.
This
bill
expands
Code
24
section
321.276
to
prohibit
any
use
of
an
electronic
device
25
while
driving.
The
bill
defines
the
terms
“electronic
device”,
26
“use”,
and
“voice-activated
or
hands-free
mode”.
The
bill
27
excludes
certain
actions
while
behind
the
wheel
of
a
motor
28
vehicle
from
being
considered
“driving”
for
purposes
of
the
29
bill,
such
as
being
stopped
at
a
stop
light.
30
The
bill
authorizes
persons
to
use
an
electronic
device
in
31
a
voice-activated
or
hands-free
mode,
with
the
speaker
phone
32
function
engaged,
while
holding
the
phone
in
close
proximity
33
to
the
person’s
ear,
or
for
navigation
purposes.
The
bill
34
excludes
certain
persons
from
the
prohibition,
including
a
35
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9/
12
H.F.
_____
person
reporting
an
emergency
situation,
a
utility
maintenance
1
employee
or
contractor
responding
to
an
emergency,
power
2
outage,
or
circumstance
that
affects
the
health
or
safety
of
3
individuals,
a
person
operating
a
commercial
motor
vehicle
4
while
using
a
mobile
data
terminal
that
transmits
and
receives
5
data,
and
a
person
storing
an
electronic
device
in
a
holster,
6
harness,
or
article
of
clothing
on
the
person’s
body.
7
The
bill
makes
a
violation
of
Code
section
321.276
a
moving
8
violation.
Under
current
law,
a
moving
violation
can
be
9
considered
for
purposes
of
administrative
suspension
of
a
10
driver’s
license
(Code
section
321.210;
761
IAC
615.12)
or
to
11
establish
habitual
offender
status
(Code
section
321.555).
12
However,
a
peace
officer
is
required
to
issue
a
warning
13
memorandum
in
lieu
of
a
citation
for
violations
that
occur
14
during
the
period
between
the
effective
date
of
the
bill
and
15
January
1,
2025.
16
The
bill
increases
the
scheduled
fine
for
a
violation
of
Code
17
section
321.276
from
$45
to
$150,
and
further
increases
the
18
penalty
for
a
second
($250)
and
a
third
or
subsequent
($500)
19
violation
within
two
years.
In
addition,
the
department
of
20
transportation
(DOT)
may
suspend
a
person’s
driver’s
license
21
for
up
to
90
days.
However,
the
bill
allows
a
person
to
attend
22
and
successfully
complete,
at
the
person’s
own
expense,
a
23
driver
improvement
program
approved
by
the
DOT
in
lieu
of
the
24
penalties.
To
be
eligible,
the
person
must
notify
the
clerk
of
25
court
prior
to
the
date
of
the
person’s
court
appearance
that
26
the
person
intends
to
attend
and
successfully
complete
a
driver
27
improvement
program,
and
must
submit
to
the
clerk
of
court
28
written
verification
that
the
person
completed
the
program,
29
signed
by
the
instructor
of
the
program,
within
90
days
of
the
30
violation.
If
a
person
notifies
the
clerk
of
court
of
the
31
person’s
intent
to
complete
the
program
but
fails
to
submit
the
32
required
verification
of
completion
within
90
days,
the
person
33
is
subject
to
the
penalties.
34
Under
Code
section
321.482A,
if
a
person
is
convicted
for
a
35
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90
th/ns
10/
12
H.F.
_____
violation
and
the
violation
causes
a
serious
injury,
a
court
1
could
impose
an
additional
fine
of
$500
or
suspend
the
person’s
2
driver’s
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
person’s
driver’s
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
driver’s
licenses,
thereby
making
Code
section
321.276
as
18
amended
by
the
bill
applicable
to
such
persons.
19
AUTOMATED
TRAFFIC
ENFORCEMENT
PROHIBITED.
On
and
after
July
20
1,
2025,
the
bill
prohibits
the
state
or
a
local
authority
from
21
placing
or
causing
to
be
placed
on
or
adjacent
to
a
highway,
or
22
maintaining
or
employing
the
use
of,
any
automated
or
remote
23
system
for
traffic
law
enforcement
(ATE
system).
The
bill
also
24
prohibits
the
department
of
transportation
and
the
department
25
of
public
safety
from
providing
information
used
to
impose
or
26
collect
a
civil
penalty
that
results
from
a
violation
captured
27
by
an
ATE
system
through
an
existing
interstate
compact
28
agreement
unless
the
agreement
specifically
allows
or
requires
29
that
information
to
be
shared
or
provided
for
that
specific
30
purpose.
31
The
bill
defines
“automated
or
remote
system
for
traffic
law
32
enforcement”
to
mean
a
camera
or
other
optical
device
designed
33
to
work
in
conjunction
with
an
official
traffic
control
signal
34
or
speed
measuring
device
to
identify
motor
vehicles
operating
35
-11-
LSB
6321YC
(3)
90
th/ns
11/
12
H.F.
_____
in
violation
of
traffic
laws,
the
use
of
which
results
in
the
1
issuance
of
citations
sent
through
the
mail
or
by
electronic
2
means.
3
The
bill
requires
that
prior
to
July
1,
2025,
a
local
4
authority
using
an
ATE
system
must
discontinue
using
the
system
5
and
remove
the
system
equipment.
On
and
after
July
1,
2025,
6
all
local
ordinances
authorizing
the
use
of
ATE
systems
are
7
void.
However,
the
bill
provides
that
any
citation
issued
or
8
mailed
pursuant
to
such
an
ordinance
prior
to
July
1,
2025,
is
9
not
invalidated
by
the
bill
and
must
be
processed
according
to
10
the
provisions
of
law
under
which
the
citation
was
authorized.
11
-12-
LSB
6321YC
(3)
90
th/ns
12/
12
