Bill Text: IA SF60 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of an electronic device in a voice-activated or hands-free mode while driving, providing penalties, and making penalties applicable.(See SF 207, SF 547.)
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2023-02-06 - Committee report approving bill, renumbered as SF 207. S.J. 269. [SF60 Detail]
Download: Iowa-2023-SF60-Introduced.html
Senate
File
60
-
Introduced
SENATE
FILE
60
BY
LOFGREN
,
KLIMESH
,
WEBSTER
,
COURNOYER
,
KOELKER
,
and
ROWLEY
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
1071XS
(2)
90
th/ns
S.F.
60
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
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
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
1071XS
(2)
90
th/ns
1/
8
S.F.
60
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
1071XS
(2)
90
th/ns
2/
8
S.F.
60
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
and
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
1071XS
(2)
90
th/ns
3/
8
S.F.
60
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
including
a
citizens
band
radio
or
amateur
radio
equipment.
25
(7)
A
member
of
a
public
transit
system,
as
defined
in
26
section
324A.1,
performing
official
duties
while
in
a
vehicle
27
that
is
not
in
motion.
28
(8)
A
utility
maintenance
employee
or
contractor
using
29
an
electronic
device
while
in
a
utility
maintenance
vehicle,
30
for
the
purpose
of
providing
utility
services
including
31
but
not
limited
to
cable,
electric,
natural
gas,
telephone,
32
telecommunication,
water,
and
wastewater
treatment
services,
33
provided
the
employee
or
contractor
is
acting
within
the
scope
34
of
their
employment
or
agency.
35
-4-
LSB
1071XS
(2)
90
th/ns
4/
8
S.F.
60
(9)
A
transportation
network
company
driver,
as
defined
in
1
section
321N.1,
while
engaged
in
a
prearranged
ride,
as
defined
2
in
section
321N.1,
provided
the
vehicle
is
not
in
motion.
3
(10)
A
person
using
an
electronic
device
for
the
purpose
of
4
accessing
or
using
a
fleet
management
system.
5
3.
Nothing
in
this
section
shall
be
construed
to
authorize
6
a
peace
officer
to
confiscate
a
hand-held
an
electronic
7
communication
device
from
the
driver
or
occupant
of
a
motor
8
vehicle.
9
4.
a.
A
person
convicted
of
a
violation
of
this
section
10
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
11
violation
under
section
805.8A,
subsection
14
,
paragraph
“l”
.
12
b.
A
violation
of
this
section
shall
not
be
considered
a
13
moving
violation
for
purposes
of
this
chapter
or
and
rules
14
adopted
pursuant
to
this
chapter
.
15
c.
Notwithstanding
paragraphs
“a”
and
“b”
,
a
peace
officer
16
shall
issue
a
warning
memorandum
in
lieu
of
a
citation
to
a
17
person
for
violating
this
section.
This
paragraph
is
repealed
18
January
1,
2024.
19
Sec.
11.
Section
321.482A,
unnumbered
paragraph
1,
Code
20
2023,
is
amended
to
read
as
follows:
21
Notwithstanding
section
321.482
,
a
person
who
is
convicted
22
of
operating
a
motor
vehicle
in
violation
of
section
321.178,
23
subsection
2
,
paragraph
“a”
,
subparagraph
(2),
section
24
321.180B,
subsection
6
,
section
321.194,
subsection
2
,
25
paragraph
“b”
,
subparagraph
(2),
section
321.256
,
321.257
,
26
section
321.275,
subsection
4
,
section
321.276
,
321.297
,
27
321.298
,
321.299
,
321.302
,
321.303
,
321.304
,
321.305
,
321.306
,
28
321.307
,
321.311
,
321.319
,
321.320
,
321.321
,
321.322
,
321.323
,
29
321.324
,
321.324A
,
321.327
,
321.329
,
321.333
,
section
321.372,
30
subsection
3
,
or
section
321.449B
,
causing
serious
injury
to
31
or
the
death
of
another
person
may
be
subject
to
the
following
32
penalties
in
addition
to
the
penalty
provided
for
a
scheduled
33
violation
in
section
805.8A
or
any
other
penalty
provided
by
34
law:
35
-5-
LSB
1071XS
(2)
90
th/ns
5/
8
S.F.
60
Sec.
12.
Section
321.555,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
Six
or
more
of
any
separate
and
distinct
offenses
within
3
a
two-year
period
in
the
operation
of
a
motor
vehicle,
which
4
are
required
to
be
reported
to
the
department
by
section
5
321.491
or
chapter
321C
,
except
equipment
violations,
parking
6
violations
as
defined
in
section
321.210
,
violations
of
7
registration
laws,
violations
of
sections
321.445
and
321.446
,
8
violations
of
section
321.276
,
operating
a
vehicle
with
an
9
expired
license
or
permit,
failure
to
appear,
weights
and
10
measures
violations
and
speeding
violations
of
less
than
11
fifteen
miles
per
hour
over
the
legal
speed
limit.
12
Sec.
13.
Section
707.6A,
subsection
2,
paragraph
a,
13
subparagraphs
(1),
(2),
and
(3),
Code
2023,
are
amended
by
14
striking
the
subparagraphs
and
inserting
in
lieu
thereof
the
15
following:
16
(1)
For
purposes
of
this
paragraph
“a”
,
a
person’s
use
of
17
an
electronic
device
while
driving
a
motor
vehicle
shall
be
18
considered
prima
facie
evidence
that
the
person
was
driving
19
the
motor
vehicle
in
a
reckless
manner
with
willful
or
wanton
20
disregard
for
the
safety
of
persons
or
property,
in
violation
21
of
section
321.277.
22
(2)
Subparagraph
(1)
does
not
apply
to
any
of
the
following:
23
(a)
A
person
using
an
electronic
device
in
a
voice-activated
24
or
hands-free
mode.
25
(b)
A
person
listed
in
section
321.276,
subsection
2,
26
paragraph
“b”
.
27
(3)
For
purposes
of
this
paragraph
“a”
,
the
following
28
definitions
apply:
29
(a)
“Electronic
device”
means
the
same
as
defined
in
section
30
321.276.
31
(b)
“Use”
means
the
same
as
defined
in
section
321.276.
32
(c)
“Voice-activated
or
hands-free
mode”
means
the
same
as
33
defined
in
section
321.276.
34
Sec.
14.
Section
805.8A,
subsection
4,
paragraph
c,
Code
35
-6-
LSB
1071XS
(2)
90
th/ns
6/
8
S.F.
60
2023,
is
amended
by
striking
the
paragraph.
1
Sec.
15.
Section
805.8A,
subsection
14,
paragraph
l,
Code
2
2023,
is
amended
to
read
as
follows:
3
l.
Writing,
sending,
or
viewing
an
Use
of
electronic
message
4
device
while
driving
violations.
For
violations
under
section
5
321.276
,
the
scheduled
fine
is
forty-five
one
hundred
dollars.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
Under
current
law,
Code
section
321.276
prohibits
the
use
of
10
hand-held
electronic
communication
devices
to
write,
send,
or
11
view
electronic
messages
while
driving
a
motor
vehicle.
This
12
bill
expands
Code
section
321.276
to
prohibit
any
use
of
an
13
electronic
device
while
driving.
The
bill
defines
the
terms
14
“electronic
device”,
“use”,
and
“voice-activated
or
hands-free
15
mode”.
The
bill
allows
the
use
of
an
electronic
device
if
the
16
vehicle
is
at
a
complete
stop
off
the
traveled
portion
of
the
17
roadway,
or
as
far
away
from
the
center
of
the
roadway
as
is
18
practicable
if
the
vehicle
cannot
be
entirely
removed.
19
The
bill
provides
exceptions
for
the
use
of
an
electronic
20
device
in
a
voice-activated
or
hands-free
mode,
for
members
of
21
a
public
safety
agency
performing
official
duties,
for
health
22
care
professionals
in
the
course
of
emergency
situations,
23
for
the
purpose
of
receiving
safety-related
information,
24
for
the
purpose
of
reporting
an
emergency
situation,
for
25
persons
operating
an
implement
of
husbandry,
for
certain
radio
26
operators,
for
members
of
a
public
transit
system
performing
27
official
duties
while
in
a
vehicle
that
is
not
in
motion,
for
28
utility
maintenance
employees
or
contractors
for
the
purpose
of
29
providing
utility
services,
for
transportation
network
company
30
drivers
engaged
in
a
prearranged
ride
while
the
vehicle
is
31
not
in
motion,
and
for
persons
using
an
electronic
device
for
32
the
purpose
of
accessing
or
using
a
fleet
management
system.
33
Under
current
law,
to
be
considered
an
implement
of
husbandry,
34
a
vehicle
must
be
manufactured,
designed,
or
reconstructed
35
-7-
LSB
1071XS
(2)
90
th/ns
7/
8
S.F.
60
for
agricultural
purposes,
exclusively
used
in
the
conduct
1
of
agricultural
operations
except
for
incidental
uses,
and
2
operated
at
speeds
of
35
miles
per
hour
or
less.
3
The
bill
makes
a
violation
of
Code
section
321.276
a
moving
4
violation.
Under
current
law,
a
moving
violation
can
be
5
considered
for
purposes
of
administrative
suspension
of
a
6
driver’s
license
or
to
establish
habitual
offender
status.
7
However,
a
peace
officer
is
required
to
issue
a
warning
8
memorandum
in
lieu
of
a
citation
for
violations
that
occur
9
during
the
period
between
the
effective
date
of
the
bill
and
10
January
1,
2024.
11
The
bill
increases
the
scheduled
fine
for
a
violation
of
Code
12
section
321.276
from
$45
to
$100.
Under
Code
section
321.482A,
13
if
a
person
is
convicted
for
a
violation
and
the
violation
14
causes
a
serious
injury,
a
court
could
impose
an
additional
15
fine
of
$500
or
suspend
the
person’s
driver’s
license
for
not
16
more
than
90
days,
or
both.
If
a
person
is
convicted
for
a
17
violation
and
the
violation
causes
a
death,
a
court
could
18
impose
an
additional
fine
of
$1,000
or
suspend
the
person’s
19
driver’s
license
for
not
more
than
180
days,
or
both.
By
20
operation
of
law,
a
person
issued
a
warning
memorandum
under
21
the
bill
is
not
subject
to
the
enhanced
penalties
under
Code
22
section
321.482A.
23
The
bill
makes
corresponding
changes
to
Code
sections
24
321.238
(preemption
of
local
legislation)
and
707.6A
(homicide
25
or
serious
injury
by
vehicle)
to
align
those
provisions
to
the
26
provisions
of
Code
section
321.276
as
amended
by
the
bill.
27
The
bill
also
makes
corresponding
changes
to
Code
sections
28
321.178,
321.180B,
and
321.194,
by
striking
provisions
relating
29
to
the
use
of
electronic
communication
devices
while
driving
30
by
persons
under
the
age
of
18
who
are
issued
certain
types
31
of
driver’s
licenses,
thereby
making
Code
section
321.276
as
32
amended
by
the
bill
applicable
to
such
persons.
33
-8-
LSB
1071XS
(2)
90
th/ns
8/
8
