Senate adds reading ban to texting while driving

DES MOINES – Iowa senators sent a message to their House counterparts Wednesday -- they want a ban on texting while driving that prohibits reading along with writing or sending electronic messages from behind the wheel of a moving vehicle.

Senators voted 44-6 to approve a tougher texting prohibition and returned House File 2456 to the House for further consideration. Republican Sens. Merlin Bartz of Grafton, Jeff Behn of Boone, David Hartsuch of Davenport, Paul McKinley of Chariton, Kim Reynolds of Osceola and Brad Zaun of Urbandale voted no on final passage.

“This is a good bill. It will protect Iowans. It will save lives,” said Sen. Jeff Danielson, D-Waterloo, the bill's floor manager. “Texting, of all behaviors when you're trying to drive, is the worst of the worst.”

He said he would talk with key House members to see if they would accept the Senate approach or some other compromise.

Rep. Brian Quirk, D-New Hampton, chairman of the House Transportation Committee, said he expected the House would accept the Senate language that added a ban on reading. “We have to do something and if this is the compromise, we can accept it.”

Rep. David Tjepkes, R-Gowrie, agreed that adding a ban on reading “won't be that big of a deal” for the House.

The Senate parted ways with the House version by voting 37-12 to accept an amendment offered by Sen. Staci Appel, D-Ackworth, that struck a provision allowing drivers to read text messages while driving. She said it would have the effect of teaching young people that it was alright to read texts while driving.

Sen. Herman Quirmbach, D-Ames, said that allowing drivers to read texts was “basically inviting people to reply.”

As amended, Iowa drivers would be barred from writing, reading or sending text messages, instant messages or electronic mail via their cell phones or other hand-held devices while operating a motor vehicle. Drivers could engage in the activity if they stopped the vehicle and parked it along the side of the roadway.

 The bill does not bar using a global positioning system (GPS), using voice-activated or hand-free devices or dialing a number on a cell phone.

Violating the provision would not be a moving violation or allow law officers to confiscate an electronic device, but it would be a simple misdemeanor punishable by a $30 fine that would grow to $100 with court costs.

Law officers would only issue warnings during a phase-in period from July 1 through June 30, 2011.

The penalties would be enhanced if a driver found to be texting in violation of the new statue caused an accident that resulted in serious bodily injury or death. A driver could face a $500 fine and a driver's license suspension of up to 90 days for causing serious injury, and a fine of $1,000 and a license suspension of up to 180 days if a texting-related traffic death occurred.

Senators adopted House-passed language that would pre-empt local ordinances that would ban cell-phone use or impose more stringent texting prohibitions. Danielson said the local preemption clause was being done for the sake of uniformity and to avoid confusion.

During floor debate, senators rejected three amendments by Zaun that attempted to instead create an offense of intentional distracted driving, tried to apply the texting restrictions only to drivers under the age of 18, and replaced the language altogether will a provision that “a person shall use common sense at all times” when operating a motor vehicle.

“This bill the way it is written is flawed,” Zaun said. “What ever happened to common sense? We cannot be there to protect everybody every day. When does it stop?”

In other action, senators voted 50-0 to close a loophole in Iowa's revised 2009 sex offender law that allowed out-of-state offenders moving into Iowa to circumvent some of the state requirements.

Senators also were unanimous in agreeing to provide more protections for auto dealerships that have franchise agreements with major auto manufacturers contained in Senate File 2234.

Another measure that passed by a 37-11 margin would grant new gaming licenses where a gaming facility is already located. Sen. Shawn Hamerlinck, R-Dixon, said Iowa's current gambling statute presents an impediment in the event the Davenport city council and mayor support a move to a land based casino in addition to the Davenport Riverboat Casino – an obstacle that would be lifted under Senate File 2323.

And finally, senators voted 48-0 to create an enhanced penalty for domestic assault cases involving strangulation.

Senate File 2351 would allow law officers to charge a person with an aggravated misdemeanor who attempted to impede a victim's breathing in a choking manner and the charge could be enhanced to a class D non-forcible felony if the assault resulted in bodily injury.

“I think this is a very good bill,” said Sen. Steve Sodders, D-State Center, a deputy county sheriff. “I think it's probably overdue.”

Sen. Keith Kreiman, D-Bloomfield, the bill's floor manager, said the current domestic assault charge is a simple misdemeanor and a tougher penalty is needed when someone acts in a manner that places another person “within seconds or minutes of their deaths.”

Under the bill, the aggravated misdemeanor would carry a prison term of up to two years and a fine between $625 and $6,250, while the class D felony would carry a penalty of up to five years in prison and a fine between $750 and $7,500. However, since the Class D felony would not be a forcible felony, the convicted offender could be eligible for a suspended or deferred sentence.

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