House Study Bill 707 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
TRANSPORTATION BILL BY
CHAIRPERSON BEST)
A BILL FOR
1 An Act relating to traffic violations and enforcement,
2 including the use of an electronic device while driving
3 and the use of automated or remote systems for traffic
4 law enforcement, providing penalties, making penalties
5 applicable, and including effective date provisions.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 6321YC (3) 90
th/ns
 H.F. _____
1 DIVISION I
2 USE OF ELECTRONIC DEVICES WHILE DRIVING
3 Section 1. Section 321.178, subsection 2, paragraph
4 a, subparagraph (2), Code 2024, is amended by striking the
5 subparagraph.
6 Sec. 2. Section 321.178, subsection 2, paragraphs b and c,
7 Code 2024, are amended to read as follows:
8 b. The department may suspend a restricted driver’s license
9 issued under this section upon receiving satisfactory evidence
10 that the licensee has violated the restrictions imposed under
11 paragraph “a”, subparagraph (2), subparagraph division (a).
12 The department may also suspend a restricted license issued
13 under this section upon receiving a record of the person’s
14 conviction for one violation and shall revoke the license upon
15 receiving a record of conviction for two or more violations
16 of a law of this state or a city ordinance regulating the
17 operation of motor vehicles on highways, other than parking
18 violations as defined in section 321.210. After revoking a
19 license under this section the department shall not grant an
20 application for a new license or permit until the expiration
21 of one year or until the person attains the age of eighteen,
22 whichever is the longer period.
23 c. A person who violates the restrictions imposed under
24 paragraph “a”, subparagraph (2), subparagraph division (a),
25 may be issued a citation under this section and shall not be
26 issued a citation under section 321.193. A violation of the
27 restrictions imposed under paragraph “a”, subparagraph (2),
28 subparagraph division (a), shall not be considered a moving
29 violation.
30 Sec. 3. Section 321.180B, subsection 3, paragraph b, Code
31 2024, is amended to read as follows:
32 b. The department may suspend an instruction permit,
33 intermediate license, or full license issued under this section
34 upon receiving satisfactory evidence that the person issued
35 the instruction permit, intermediate license, or full license
LSB 6321YC (3) 90
-1- th/ns 1/12
 H.F. _____
1 violated the restrictions imposed under subsection 1, or 2, or
2 6 during the term of the instruction permit or intermediate
3 license.
4 Sec. 4. Section 321.180B, subsection 6, Code 2024, is
5 amended by striking the subsection.
6 Sec. 5. Section 321.180B, subsection 7, Code 2024, is
7 amended to read as follows:
8 7. Citations for violation of restrictions. A person who
9 violates the restrictions imposed under subsection 1, or 2, or
10 6 may be issued a citation under this section and shall not be
11 issued a citation under section 321.193. A violation of the
12 restrictions imposed under subsection 1, or 2, or 6 shall not
13 be considered a moving violation.
14 Sec. 6. Section 321.194, subsection 2, paragraph b,
15 subparagraph (2), Code 2024, is amended by striking the
16 subparagraph.
17 Sec. 7. Section 321.210, subsection 2, paragraph e, Code
18 2024, is amended by striking the paragraph.
19 Sec. 8. Section 321.238, Code 2024, is amended to read as
20 follows:
21 321.238 Use of electronic devices while driving —— preemption
22 of local legislation.
23 The provisions of this chapter restricting the use of
24 electronic communication devices and electronic entertainment
25 devices by motor vehicle operators shall be implemented
26 uniformly throughout the state. Such provisions shall preempt
27 any county or municipal ordinance regarding the use of an
28 electronic communication device or electronic entertainment
29 device by a motor vehicle operator. In addition, a county or
30 municipality shall not adopt or continue in effect an ordinance
31 regarding the use of an electronic communication device or
32 electronic entertainment device by a motor vehicle operator.
33 Sec. 9. Section 321.276, subsection 1, Code 2024, is amended
34 by striking the subsection and inserting in lieu thereof the
35 following:
LSB 6321YC (3) 90
-2- th/ns 2/12
 H.F. _____
1 1. For purposes of this section:
2 a. “Electronic device” means a device that is powered by
3 electricity, including by a battery, and that is capable of
4 being used to compose, send, receive, or read an electronic
5 message, or that is capable of storing, retrieving on-demand,
6 or displaying videos, movies, broadcast television images,
7 visual images, or audio or video data files. “Electronic
8 device” includes but is not limited to a telephone including
9 a cellular telephone, personal digital assistant, portable
10 or mobile computer including a tablet, two-way messaging
11 device, electronic gaming device, and any substantially similar
12 portable device that is used to initiate, store, or receive
13 electronic communication, information, or data. “Electronic
14 device” does not include a device that is physically or
15 electronically integrated into a motor vehicle, including but
16 not limited to an integrated global positioning system or
17 navigation system when the destination is entered into such
18 system before the vehicle is in motion.
19 b. “Use” includes but is not limited to holding, physically
20 supporting with any part of a person’s body, viewing, or
21 manually entering letters, numbers, or symbols on an electronic
22 device. “Use” does not include any of the following, so long as
23 a person does not manually enter letters, numbers, or symbols
24 while holding the device:
25 (1) Holding an electronic device directly near a person’s
26 ear or with the speaker phone function activated for the
27 purpose of making, receiving, or conducting a telephone call.
28 (2) Receiving a wireless message on an electronic device
29 regarding the operation or navigation of a motor vehicle,
30 safety-related information including emergency, traffic, or
31 weather alerts, or data used primarily by the motor vehicle.
32 (3) Using an electronic device for navigation purposes.
33 c. “Voice-activated or hands-free mode” means an attachment,
34 accessory, application, wireless connection, or built-in
35 feature of an electronic device or motor vehicle that allows
LSB 6321YC (3) 90
-3- th/ns 3/12
 H.F. _____
1 a person to use verbal commands or a single touch to activate
2 or deactivate the device or a function or software application
3 of the device. “Voice-activated or hands-free mode” does not
4 include accessing nonnavigation video content, engaging in a
5 video call, accessing or engaging in video streaming, accessing
6 gaming data, or reading an electronic message or notification.
7 Sec. 10. Section 321.276, subsections 2, 3, and 4, Code
8 2024, are amended to read as follows:
9 2. A person shall not use a hand-held an electronic
10 communication device to write, send, or view an electronic
11 message while driving a motor vehicle unless. For purposes of
12 this subsection, a person is not driving a motor vehicle if the
13 motor vehicle is at a complete stop at a traffic control signal
14 or device that is directing the person to stop, on a roadway
15 due to an emergency or road closure, or off the traveled
16 portion of the roadway, or as far away from the center of the
17 roadway as is practicable if the vehicle cannot be entirely
18 removed from the traveled portion of the roadway.
19 a. A person does not violate this section by using a global
20 positioning system or navigation system or when, for the
21 purpose of engaging in a call, the person selects or enters a
22 telephone number or name in a hand-held mobile telephone or
23 activates, deactivates, or initiates a function of a hand-held
24 mobile telephone an electronic device in a voice-activated or
25 hands-free mode.
26 b. The provisions of this subsection relating to writing,
27 sending, or viewing an electronic message the use of an
28 electronic device do not apply to the following persons:
29 (1) A member of a public safety agency, as defined in
30 section 34.1, performing official duties.
31 (2) A health care professional in the course of an emergency
32 situation.
33 (3) A person receiving safety-related information including
34 emergency, traffic, or weather alerts using an electronic
35 device for the purpose of reporting an emergency situation,
LSB 6321YC (3) 90
-4- th/ns 4/12
 H.F. _____
1 including any continued communication with emergency personnel
2 during the emergency situation, or public transit personnel
3 responding to a transit-specific situation.
4 (4) A utility maintenance employee or contractor using
5 an electronic device while in a utility maintenance vehicle,
6 and responding to an emergency, power outage, or circumstance
7 that affects the health or safety of individuals, provided the
8 employee or contractor is acting within the scope of their
9 employment or agency.
10 (5) A person operating a commercial motor vehicle while
11 using a mobile data terminal that transmits and receives data.
12 (6) A person storing an electronic device in a holster,
13 harness, or article of clothing on the person’s body.
14 3. Nothing in this section shall be construed to authorize
15 a peace officer to confiscate a hand-held an electronic
16 communication device from the driver or occupant of a motor
17 vehicle.
18 4. a. A person convicted of a violation of this section
19 is guilty of a simple misdemeanor punishable as a scheduled
20 violation under section 805.8A, subsection 14, paragraph “l”.
21 b. A violation of this section shall not be considered a
22 moving violation for purposes of this chapter or and rules
23 adopted pursuant to this chapter.
24 c. Notwithstanding section 321.210 or any provision of
25 this chapter to the contrary, but subject to subsection 6,
26 the department may suspend the driver’s license of a person
27 convicted of a violation of this section for a period not to
28 exceed ninety days.
29 d. Notwithstanding paragraphs “a” and “b”, a peace officer
30 shall issue a warning memorandum in lieu of a citation to a
31 person for violating this section. This paragraph is repealed
32 January 1, 2025.
33 Sec. 11. Section 321.276, Code 2024, is amended by adding
34 the following new subsections:
35 NEW SUBSECTION. 6. a. In lieu of the penalties provided
LSB 6321YC (3) 90
-5- th/ns 5/12
 H.F. _____
1 under subsection 4, a person may attend and successfully
2 complete, at the person’s own expense, a driver improvement
3 program approved by the department. To be eligible, the
4 person shall notify the clerk of court prior to the date of
5 the person’s court appearance as indicated on the citation
6 that the person intends to attend and successfully complete a
7 driver improvement program, and shall submit to the clerk of
8 court written verification that the person completed the driver
9 improvement program, signed by the instructor of the program,
10 within ninety days of the violation.
11 b. A person who notifies the clerk of court that the person
12 intends to successfully complete a driver improvement program
13 pursuant to paragraph “a”, but who does not submit the required
14 written verification that the person successfully completed
15 the driver improvement program to the clerk of court within
16 ninety days of the violation, shall be subject to the penalties
17 described in subsection 4 on the ninety-first day after the
18 violation.
19 NEW SUBSECTION. 7. The department of public safety shall
20 submit a report to the general assembly on or before January
21 31 each year detailing the number of citations issued for
22 violations under this section during the previous calendar
23 year. The report must include statistics detailing the race of
24 each person cited.
25 Sec. 12. Section 321.482A, unnumbered paragraph 1, Code
26 2024, is amended to read as follows:
27 Notwithstanding section 321.482, a person who is convicted
28 of operating a motor vehicle in violation of section 321.178,
29 subsection 2, paragraph “a”, subparagraph (2), section
30 321.180B, subsection 6, section 321.194, subsection 2,
31 paragraph “b”, subparagraph (2), section 321.256, 321.257,
32 section 321.275, subsection 4, section 321.276, 321.297,
33 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306,
34 321.307, 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
35 321.324, 321.324A, 321.327, 321.329, 321.333, section 321.372,
LSB 6321YC (3) 90
-6- th/ns 6/12
 H.F. _____
1 subsection 3, or section 321.449B, causing serious injury to
2 or the death of another person may be subject to the following
3 penalties in addition to the penalty provided for a scheduled
4 violation in section 805.8A or any other penalty provided by
5 law:
6 Sec. 13. Section 321.555, subsection 2, Code 2024, is
7 amended to read as follows:
8 2. Six or more of any separate and distinct offenses within
9 a two-year period in the operation of a motor vehicle, which
10 are required to be reported to the department by section
11 321.491 or chapter 321C, except equipment violations, parking
12 violations as defined in section 321.210, violations of
13 registration laws, violations of sections 321.445 and 321.446,
14 violations of section 321.276, operating a vehicle with an
15 expired license or permit, failure to appear, weights and
16 measures violations and speeding violations of less than
17 fifteen miles per hour over the legal speed limit.
18 Sec. 14. Section 707.6A, subsection 2, paragraph a,
19 subparagraphs (1), (2), and (3), Code 2024, are amended by
20 striking the subparagraphs and inserting in lieu thereof the
21 following:
22 (1) For purposes of this paragraph “a”, a person’s use of
23 an electronic device while driving a motor vehicle shall be
24 considered prima facie evidence that the person was driving
25 the motor vehicle in a reckless manner with willful or wanton
26 disregard for the safety of persons or property, in violation
27 of section 321.277.
28 (2) Subparagraph (1) does not apply to any of the following:
29 (a) A person using an electronic device in a voice-activated
30 or hands-free mode.
31 (b) A person listed in section 321.276, subsection 2,
32 paragraph “b”.
33 (3) For purposes of this paragraph “a”, the following
34 definitions apply:
35 (a) “Electronic device” means the same as defined in section
LSB 6321YC (3) 90
-7- th/ns 7/12
 H.F. _____
1 321.276.
2 (b) “Use” means the same as defined in section 321.276.
3 (c) “Voice-activated or hands-free mode” means the same as
4 defined in section 321.276.
5 Sec. 15. Section 805.8A, subsection 4, paragraph c, Code
6 2024, is amended by striking the paragraph.
7 Sec. 16. Section 805.8A, subsection 14, paragraph l, Code
8 2024, is amended to read as follows:
9 l. Writing, sending, or viewing an Use of electronic message
10 device while driving violations. For violations under section
11 321.276, the scheduled fine is forty-five dollars. as follows:
12 (1) One hundred fifty dollars for a first violation.
13 (2) Two hundred fifty dollars if the violation is within two
14 years of a prior violation.
15 (3) Five hundred dollars if the violation is a third or
16 subsequent violation within two years.
17 DIVISION II
18 AUTOMATIC TRAFFIC ENFORCEMENT PROHIBITED
19 Sec. 17. NEW SECTION. 321.492C Use of automated or remote
20 systems for traffic law enforcement prohibited —— sharing related
21 information prohibited.
22 1. The state or a local authority shall not place or cause
23 to be placed on or adjacent to a highway, or maintain or employ
24 the use of, any automated or remote system for traffic law
25 enforcement.
26 2. The department of transportation and the department of
27 public safety shall not share or provide information used to
28 impose or collect a civil penalty that results f