Bill Summary – FastDemocracy

Senate File 71 - Introduced
                                  SENATE FILE 71
                                  BY JOCHUM
                            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 powered by electricity
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 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, personal digital assistant, portable or mobile
 computer, 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.
    b. “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 or single-touch commands 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.
    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 an 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
 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
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 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 using a two-way radio transmitter or receiver
 who is licensed with the federal communications commission in
 amateur radio service.
    (6) 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.
    (7) 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.
    (8) 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.
    (9) 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
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 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:
    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
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 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) “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
 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 dollars.
                            EXPLANATION
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         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” 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 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.
    The scheduled fine for a violation of Code section 321.276
 remains $45. 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.
    Under Code section 321.482A, if a person is convicted for a
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 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 also makes corresponding changes to Code sections
 321.178, 321.180B, and 321.194, by striking provisions relating
 to the use of electronic communication devices while driving
 by persons under the age of 18 who are issued certain types
 of driver’s licenses, thereby making Code section 321.276 as
 amended by the bill applicable to such persons.
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Statutes affected: 
Introduced: 321.178, 321.180B, 321.210, 321.238, 321.276, 321.482A, 321.482, 805.8A