Bill Summary – FastDemocracy

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
  voice-activated or hands-free mode while driving, providing
  penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 321.178, subsection 2, paragraph
 a, subparagraph (2), Code 2023, is amended by striking the
 subparagraph.
    Sec. 2. Section 321.178, subsection 2, paragraphs b and c,
 Code 2023, are amended to read as follows:
    b. The department may suspend a restricted driver’s license
 issued under this section upon receiving satisfactory evidence
 that the licensee has violated the restrictions imposed under
 paragraph “a”, subparagraph (2), subparagraph division (a).
 The department may also suspend a restricted license issued
 under this section upon receiving a record of the person’s
 conviction for one violation and shall revoke the license upon
 receiving a record of conviction for two or more violations
 of a law of this state or a city ordinance regulating the
 operation of motor vehicles on highways, other than parking
 violations as defined in section 321.210. After revoking a
 license under this section the department shall not grant an
 application for a new license or permit until the expiration
 of one year or until the person attains the age of eighteen,
 whichever is the longer period.
    c. A person who violates the restrictions imposed under
 paragraph “a”, subparagraph (2), subparagraph division (a),
 may be issued a citation under this section and shall not be
 issued a citation under section 321.193. A violation of the
 restrictions imposed under paragraph “a”, subparagraph (2),
 subparagraph division (a), shall not be considered a moving
 violation.
    Sec. 3. Section 321.180B, subsection 3, paragraph b, Code
 2023, is amended to read as follows:
    b. The department may suspend an instruction permit,
 intermediate license, or full license issued under this section
 upon receiving satisfactory evidence that the person issued
 the instruction permit, intermediate license, or full license
 violated the restrictions imposed under subsection 1, or 2, or
 6 during the term of the instruction permit or intermediate
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 license.
    Sec. 4. Section 321.180B, subsection 6, Code 2023, is
 amended by striking the subsection.
    Sec. 5. Section 321.180B, subsection 7, Code 2023, is
 amended to read as follows:
    7. Citations for violation of restrictions. A person who
 violates the restrictions imposed under subsection 1, or 2, or
 6 may be issued a citation under this section and shall not be
 issued a citation under section 321.193. A violation of the
 restrictions imposed under subsection 1, or 2, or 6 shall not
 be considered a moving violation.
    Sec. 6. Section 321.194, subsection 2, paragraph b,
 subparagraph (2), Code 2023, is amended by striking the
 subparagraph.
    Sec. 7. Section 321.210, subsection 2, paragraph e, Code
 2023, is amended by striking the paragraph.
    Sec. 8. Section 321.238, Code 2023, is amended to read as
 follows:
    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. 9. Section 321.276, subsection 1, Code 2023, is amended
 by striking the subsection and inserting in lieu thereof the
 following:
    1. For purposes of this section:
    a. “Electronic device” means a device that is powered by
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 electricity, including by a battery, and that is capable of
 being used to compose, send, receive, or read an electronic
 message, or that is capable of storing, retrieving on-demand,
 or displaying videos, movies, broadcast television images,
 visual images, or audio or video data files. “Electronic
 device” includes but is not limited to a telephone including
 a cellular telephone, personal digital assistant, portable
 or mobile computer including a tablet, two-way messaging
 device, electronic gaming device, and any substantially similar
 portable device that is used to initiate, store, or receive
 electronic communication, information, or data. “Electronic
 device” does not include a device that is physically or
 electronically integrated into a motor vehicle, including but
 not limited to an integrated global positioning system or
 navigation system when the destination is entered into such
 system before the vehicle is in motion.
    b. “Use” includes but is not limited to holding, viewing, or
 manipulating an electronic device.
    c. “Voice-activated or hands-free mode” means an attachment,
 accessory, application, wireless connection, or built-in
 feature of an electronic device or motor vehicle that allows
 a person to use verbal commands or a single touch to activate
 or deactivate the device or a function or software application
 of the device. “Voice-activated or hands-free mode” does not
 include accessing nonnavigation video content, engaging in a
 video call, accessing or engaging in video streaming, accessing
 gaming data, or reading an electronic message or notification.
    Sec. 10. Section 321.276, subsections 2, 3, and 4, Code
 2023, are amended to read as follows:
    2. A person shall not use a hand-held and electronic
 communication device to write, send, or view an electronic
 message while driving a motor vehicle unless the motor vehicle
 is at a complete stop off the traveled portion of the roadway,
 or as far away from the center of the roadway as is practicable
 if the vehicle cannot be entirely removed from the traveled
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 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 an electronic device in a voice-activated or
 hands-free mode.
    b. The provisions of this subsection relating to writing,
 sending, or viewing an electronic message the use of an
 electronic device 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.
    (4) A person using an electronic device for the purpose
 of reporting an emergency situation, including any continued
 communication with emergency personnel during the emergency
 situation, or public transit personnel responding to a
 transit-specific situation.
    (5) A person operating an implement of husbandry.
    (6) A person using a two-way radio transmitter or receiver,
 including a citizens band radio or amateur radio equipment.
    (7) A member of a public transit system, as defined in
 section 324A.1, performing official duties while in a vehicle
 that is not in motion.
    (8) A utility maintenance employee or contractor using
 an electronic device while in a utility maintenance vehicle,
 for the purpose of providing utility services including
 but not limited to cable, electric, natural gas, telephone,
 telecommunication, water, and wastewater treatment services,
 provided the employee or contractor is acting within the scope
 of their employment or agency.
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    (9) A transportation network company driver, as defined in
 section 321N.1, while engaged in a prearranged ride, as defined
 in section 321N.1, provided the vehicle is not in motion.
    (10) A person using an electronic device for the purpose of
 accessing or using a fleet management system.
    3. Nothing in this section shall be construed to authorize
 a peace officer to confiscate a hand-held an 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 “l”.
    b. A violation of this section shall not be considered a
 moving violation for purposes of this chapter or and rules
 adopted pursuant to this chapter.
    c. Notwithstanding paragraphs “a” and “b”, a peace officer
 shall issue a warning memorandum in lieu of a citation to a
 person for violating this section. This paragraph is repealed
 January 1, 2024.
    Sec. 11. Section 321.482A, unnumbered paragraph 1, Code
 2023, 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 6, section 321.194, subsection 2,
 paragraph “b”, subparagraph (2), section 321.256, 321.257,
 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, 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
 321.324, 321.324A, 321.327, 321.329, 321.333, section 321.372,
 subsection 3, or section 321.449B, 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:
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    Sec. 12. Section 321.555, subsection 2, Code 2023, 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. 13. Section 707.6A, subsection 2, paragraph a,
 subparagraphs (1), (2), and (3), Code 2023, are amended by
 striking the subparagraphs and inserting in lieu thereof the
 following:
    (1) For purposes of this paragraph “a”, a person’s use of
 an electronic device while driving a motor vehicle shall be
 considered prima facie evidence that the person was driving
 the motor vehicle in a reckless manner with willful or wanton
 disregard for the safety of persons or property, in violation
 of section 321.277.
    (2) Subparagraph (1) does not apply to any of the following:
    (a) A person using an electronic device in a voice-activated
 or hands-free mode.
    (b) A person listed in section 321.276, subsection 2,
 paragraph “b”.
    (3) For purposes of this paragraph “a”, the following
 definitions apply:
    (a) “Electronic device” means the same as defined in section
 321.276.
    (b) “Use” means the same as defined in section 321.276.
    (c) “Voice-activated or hands-free mode” means the same as
 defined in section 321.276.
    Sec. 14. Section 805.8A, subsection 4, paragraph c, Code
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  2023, is amended by striking the paragraph.
     Sec. 15. Section 805.8A, subsection 14, paragraph l, Code
  2023, is amended to read as follows:
     l. Writing, sending, or viewing an Use of electronic message
  device while driving violations. For violations under section
  321.276, the scheduled fine is forty-five one hundred dollars.
                             EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    Under current law, Code section 321.276 prohibits the use of
 hand-held electronic communication devices to write, send, or
 view electronic messages while driving a motor vehicle. This
 bill expands Code section 321.276 to prohibit any use of an
 electronic device while driving. The bill defines the terms
 “electronic device”, “use”, and “voice-activated or hands-free
 mode”. The bill allows the use of an electronic device if the
 vehicle is at a complete stop off the traveled portion of the
 roadway, or as far away from the center of the roadway as is
 practicable if the vehicle cannot be entirely removed.
    The bill provides exceptions for the use of an electronic
 device in a voice-activated or hands-free mode, for members of
 a public safety agency performing official duties, for health
 care professionals in the course of emergency situations,
 for the purpose of receiving safety-related information,
 for the purpose of reporting an emergency situation, for
 persons operating an implement of husbandry, for certain radio
 operators, for members of a public transit system performing
 official duties while in a vehicle that is not in motion, for
 utility maintenance employees or contractors for the purpose of
 providing utility services, for transportation network company
 drivers engaged in a prearranged ride while the vehicle is
 not in motion, and for persons using an electronic device for
 the purpose of accessing or using a fleet management system.
 Under current law, to be considered an implement of husbandry,
 a vehicle must be manufactured, designed, or reconstructed
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 for agricultural purposes, exclusively used in the conduct
 of agricultural operations except for incidental uses, and
 operated at speeds of 35 miles per hour or less.
    The bill makes a violation of Code section 321.276 a moving
 violation. Under current law, a moving violation can be
 considered for purposes of administrative suspension of a
 driver’s license or to establish habitual offender status.
 However, a peace officer is required to issue a warning
 memorandum in lieu of a citation for violations that occur
 during the period between the effective date of the bill and
 January 1, 2024.
    The bill increases the scheduled fine for a violation of Code
 section 321.276 from $45 to $100. Under Code section 321.482A,
 if a person is convicted for a violation and the violation
 causes a serious injury, a court could impose an additional
 fine of $500 or suspend the person’s driver’s license for not
 more than 90 days, or both. If a person is convicted for a
 violation and the violation causes a death, a court could
 impose an additional fine of $1,000 or suspend the person’s
 driver’s license for not more than 180 days, or both. By
 operation of law, a person issued a warning memorandum under
 the bill is not subject to the enhanced penalties under Code
 section 321.482A.
    The bill makes corresponding changes to Code sections
 321.238 (preemption of local legislation) and 707.6A (homicide
 or serious injury by vehicle) to align those provisions to the
 provisions of Code section 321.276 as amended by the bill.
 The bill als