Toughening of anti-texting law in Iowa advances out of Senate Committee 

DES MOINES - Iowa senators voted Wednesday to approve legislation that would make it a primary offense to write, send or read text messages while driving.

The measure advanced even though some legislators admitted they would like the state to go further to ban hand-held smartphones as a way to reduce distractions.

'This is a big, big deal,” said Sen. Michael Breitbach, D-Strawberry Point, after the Senate Transportation Committee voted 12-0 to move the anti-texting bill to the Senate for debate.

'I think everybody is fully aware of the dangers of distracted driving,” said Breitbach, who hoped an issue that has stalled in the Legislature in past sessions would get new attention after Iowa's traffic deaths spiked last year. Iowa's highway death toll rose from a five-year low of 317 in 2013 to 403 in 2016.

'It doesn't seem like we've been able to come to agreement between the Senate and House to get it passed,” he said. 'Personally, I would like to see us go a little further, but I want to make sure that we get texting while driving as a primary offense, so I'm pushing that we move this bill.”

Iowa is one of five states that classify texting while driving as a secondary offense for adults, meaning law enforcement officers cannot pull over a driver unless they suspect another violation also might have been committed. Iowa has a texting ban for young drivers. The proposal being considered would eliminate the provision that bars an officer from stopping or detaining a person solely for a texting-while-driving violation.

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 public safety and emergency use.

'We need to keep moving forward. It's not going to solve itself with this bill, even if it does get adopted by the House and signed by the governor,” said Sen. Tod Bowman, D-Maquoketa. 'It's a step in the right direction. We need to focus on reducing fatalities and accidents.” Earlier this week, Gov. Terry Branstad told reporters he has joined the chorus of Iowans calling for a ban on drivers' use of hand-held phones to help address the problem of distracted and impaired driving.

Iowa is not among the 15 states that prohibit drivers' use of hand-held phones. Iowa drivers may use hand-held phones to search for contacts, select music, type addresses into a navigation system and play games. Simply making texting while driving a primary offense would not make the law enforceable, Branstad said.

After Wednesday's committee action, Breitbach said he would like to see the Legislature consider a ban on hand-held devices, but as a separate bill.

'I want to make sure that this can pass muster in the Senate and in the House. Get that taken care of and then we can address the hands free,” he said. 'We've got a bill ready. We want to do the doable now.” 

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