Tougher texting while driving law advanced in Iowa Senate

DES MOINES - Law enforcement and safety advocates - with Gov. Terry Branstad's backing - are pushing for a tougher anti-texting while driving law as a way to reduce distractions that are helping drive up Iowa's traffic death toll.

And, members of a Senate subcommittee looking to change current Iowa law to make texting a primary offense that by itself could trigger a traffic stop indicated they would also consider expanding Senate Study Bill 1002 to include restrictions on communications and other activities using hand-held devices while driving - if this extra provision wouldn't kill the bill.

'We just feel that distracted driving is just far too big of an issue to pass the buck another year and not do something that's going to make real change,” Amber Markham, legislative liaison for the state Department of Public Safety, told members of a Senate Transportation subcommittee considering the bill to make texting a primary offense carrying a $30 fine.

Markham said a broad coalition of public safety groups, insurance carriers and wireless phone service providers support a proposal to make it a primary offense to use a hand-held electronic communications device while driving unless used in a hands-free or voice activated mode.

The proposed primary offense considered a moving violation punishable with a scheduled fine would include but not be limited to texts, email, social media and talking. Exemptions would be maintained for existing public safety and emergency use.

'Driving a vehicle while texting is six times more dangerous than driving while intoxicated,” said Susan Cameron, a lobbyist representing Iowa State Sheriffs & Deputies Association. 'While there are multiple distractions for drivers, using a hand-held device is the most alarming distraction because it requires visual, manual and cognitive attention from the driver.”

Cameron cited data related to traffic mishaps involving individuals determined to be distracted by a phone or other electronic device indicated crashes nearly doubled from 659 in 2010 to 1,100 in 2015 while fatalities increased from four to 14 during the same period. Overall, she noted Iowa's traffic death count increased from 317 in 2013 to 403 last year.

Iowa is currently one of five states that classify texting while driving as a secondary offense for adults, meaning law enforcement officers are not allowed to pull over a driver unless they suspect another violation also may have been committed. Iowa has a texting ban for young drivers. The bill being considered would eliminate the provision that prohibits a peace officer from stopping or detaining a person solely for a violation which relates to texting while driving.

'We feel it does not go far enough,” said Steve Gent of the state Department of Transportation, who urged the legislative panel to join 15 states that have banned the use of hand-held devices while driving. He noted that Iowa youngsters now have a smartphone in their hands long before keys to a vehicle.

Patrick Hoye, who guides the Governor's Traffic Safety Bureau, said Iowa's current texting law has spotty enforcement, with fewer than 200 citations written by law officers because it is costly and time-consuming to subpoena phone records involving major mishaps. He said more tickets would be issued if the burden was shifted away from law officers in texting situations.

Mark Beltrame, an insurance industry lobbyist, said Iowans are ready for a policy change related to texting while driving and the proposed bill is 'a positive step forward.”

'While there are a number of different approaches that can go beyond this approach,” Beltrame said, 'I think it's important not to have the perfect be the enemy of the good.”

Daniel Zeno, policy counsel for the ACLU of Iowa, was the only person opposed to making texting a primary offense, noting that African Americans currently have a seven times greater chance of being stopped for texting and he worried the proposed change would exacerbate racial disparity and lead to more profiling. He said going to the hand-held prohibition would be a better option than making texting a primary offense.

Sen. Tod Bowman, D-Maquoketa, noted the Senate previously has passed tougher texting bills that have failed to win House approval, but subcommittee chair Sen. Michael Breitbach, R-Strawberry Point, said he expected the change to a primary offense would pass this year. He added that he was 'very open” to considering the hand-held restriction but he said he had not gauged legislative support and 'I do not want to kill the bill by going too far.” l Comments: (515) 243-7220; rod.boshart@thegazette.com