Iowa: Cell phone laws, legislation

Wireless device news: The Iowa House and Senate apparently have split on the 2010 distracted driving legislation. The House voted to ban text messaging while driving on Feb. 23, 2010, and the Senate immediately agreed in a vote the next day. But the House then backtracked on March 8 and voted only for a ban that applies to teenage drivers — use of handheld electronic devices.

Gov. Chet Culver is expected to sign any text messaging legislation from 2010’s shortened session. Iowa’s Legislature rejected or ignored a half dozen distracted driving bills in 2009.

Current prohibitions:
None.

2010 legislation:
HF 2456: Would ban the sending of text messaging while driving. Reading messages allowed. Fines start at $30. If an injury results from the texting, fine would be $500 plus license suspension. With a death $1,000 plus license suspension. Would take effect July 1, with a one-year warning period. Approved by the House (Feb. 23, 65-31 vote) and then immediately by the Senate (Feb. 24, 44-6 vote). The House then changed the bill to call for only a ban on handheld electronic devices for teenage drivers (March 8, 55-41). Formerly HF 2021 (Tjepkes).

Iowa House File 2020: Would ban all drivers from text messaging or using cell phones unless a hands-free accessory was employed. Fine of $30. (Abdul-Samad)

Iowa Senate File 2032: Would prohibit people who are operating motor vehicles from text messaging. Fine of $100. (Bolkcom)

Senate Study Bill 3070: Would outlaw text messaging and related activities for all drivers in Iowa. Applies reckless-driving fines and jail time to text messaging violations. (Rielly)

SF 2321: Would outlaw text messaging while driving. Withdrawn Feb. 24 in favor of HF 2456, above.

Iowa cell phone legislation notes (2010):
The House’s abrupt shift in favor of a text messaging ban that targets only teen drivers was necessary because the votes were not there for a full texting ban, lawmakers said. The change was bipartisan, the AP reported.

The Senate’s approval of HF 2456 came with an amendment that added “reading” to the prohibited text messaging activities while driving. Rep. David Tjepkes, R-Gowrie, says the version of his text messaging bill approved by the House on Feb. 23 didn’t ban the reading of text messages while driving because of a “political tradeoff.” Opponents say the plan as originally written probably would cost the state highway funding from the federal government.

“The people of Iowa have had it,” said Rep. Mary Mascher, D-Iowa City. “They don’t want people texting and driving.”

The chairman of the Iowa House Transportation Committee expects the Legislature to outlaw texting and driving in 2010: “I think given the circumstances of what’s happened lately — what the media has been reporting and actual tragedies (as a result of texting while driving) — it’s a good probability that we’ll take something up that will prohibit that activity,” said Rep. Brian Quirk, D-New Hampton.

The 2010 legislative session has been shortened to 80 days. Budget matters could lock up most of the legislative channels, possibly leaving distracted driving legislation in limbo for another year. Iowa Gov. Chet Culver says he would sign a bill that seeks to ban text messaging for drivers, but agrees that the economy is the prime concern.

Dubuque’s City Council voted Feb. 15 to prohibit handheld cell phone use and text messaging by drivers. The ban goes into effect days after the 7-0 vote. Fines are $50/$250 if an accident results. Dubuque is the first municipality in Iowa to enact a distracted driving ordinance, according to the Telegraph Herald. “It’s way past time something gets done,” Mayor Roy Buol said in January 2010, noting a lack of state laws. “If we have to be the leaders, then we have to be the leaders.”

72 percent of adults surveyed by the Iowa Poll/Des Moines Register responded that text messaging and driving deserved the Legislature’s attention during the shortened session. The telephone poll was conducted in early February 2010. (No other topic received more than a 42 percent approval.)

Rep. Dave Tjepkes, R-Gowrie, introduced HF 2021, a bill banning text messaging while driving on Iowa roads and highways. The former Iowa State Patrol trooper says of the shortened session: “I’m concerned with the time constraints.”

Sen. Joe Bolkcom, D-Iowa City, says chances of passing a distracted driving bill by April are improving, with new interest from legislators.

Iowa parents overwhelmingly favor a statewide ban on text messaging while driving, according to a 2010 telephone poll. The University of Iowa/University of North Carolina survey found that 97 percent of parents favored a texting ban and 90 percent supported a ban on cell phone use while driving.

2009 legislation:
HF 9 — Would prohibit use of cell phones while driving unless a hands-free device or headset is utilized. In transportation committee. (Also HF 84) Appears dead.

HF 155: Seeks to ban all Iowa drivers from using handheld cell phones and from text messaging. Appears dead.

HF 17: Would ban use of cellular phones and any other wireless communication device by drivers under the age of 18. Appears dead.

HF 353: Prohibits use of cell phones by drivers with provisional licenses. Appears dead.

SF 190: Would prohibit use of cell phones while driving on Iowa’s roads, unless a hands-free device or headset is utilized. Appears dead.

2009 cell phone, texting legislation notes:
Rep. Ako Abdul-Samad, D-Des Moines, introduced 2009’s HF 9. “My problem is those who try to dial or text-message while driving,” he said. The Iowa cell phone driving law would bring a $30 fine.

Previous cell phone legislation includes an attempt to mandate the assumption that a driver on a cell phone involved in an accident was at fault.

The 2008 session’s HB 2059 was sponsored by Rep. McKinley Bailey, D-Webster City, who says he was motivated by a fatal crash caused by a teenage driver who was using a cell phone. Bailey has said he might support an expansion to adult drivers. Rep. Swati Dandekar chaired a subcommittee session on the Bailey proposal.