Texting ban compromise reached, hits glitch

DES MOINES – Iowans would be prohibited from writing, sending or reading text messages while driving but law officers could not use that as a primary reason to make a traffic stop under compromise legislation hammered out Thursday.

However, a procedural glitch in the way the House-Senate conference committee arrived at its tentative agreement delayed further legislative consideration until next week.

Senate Majority Leader Mike Gronstal, D-Council Bluffs, said a question was raised whether the issue of texting as a primary or secondary reason for law officers to stop or detain a motorist was properly addressed by the 10-member group under rules that govern conference committees.

To avoid a cumbersome delay, Gronstal said House and Senate leaders were trying to determine if the conference report would forward or whether a new committee would be formed that essentially would consider and likely produce the same work product for lawmakers to vote on.

“It's purely a procedural issue,” he said. “We will get there one way or another.”

Earlier Thursday, members of a House-Senate conference committee put the finishing touches on language they hoped would bridge differences on a bill that would outlaw texting while driving for most motorists and ban cell phone use by beginning drivers altogether.

“I think this will improve public safety because people will now have both financial and personal disincentives to pick that phone up and engage in this behavior,” said Sen. Jeff Danielson, D-Waterloo, a committee co-leader. “I believe this is a bipartisan, bicameral agreement.”.

The compromise version of House File 2456 allows texting exemptions for drivers engaged in public safety duties, a health care professional in the course of an emergency situation and a driver receiving safety-related information such as emergency, traffic or weather alerts. The texting ban also does not apply global positioning or navigation systems.

Conferees included language making the offense a secondary violation that could be assessed by law officers in conjunction with stopping or detaining a driver for some other suspected violation as a primary reason. That was the issue that raised a procedural snafu over the tentative compromise.

The distracted driving violation for texting would be a simple misdemeanor punishable by a $30 scheduled fine. There would be enhanced fines and licensure sanctions for texting violations involving an accident that caused property damage, serious injury or death. The proposed compromise also would pre-empt local governmental entities from adopting stricter ordinances.

The ban on use of cell phones or electronic devices – excluding hands-free instruments – would apply to teenaged drivers through age 18 who were operating a motor vehicle under an instructional permit, a school permit or an intermediate/graduated driver's license.

 “I think we will get a bill done before we adjourn,” said House Speaker Pat Murphy, D-Dubuque. “I believe there will be a texting law.”

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