Committee Close to Compromise on Texting Ban

The conference committee on HF2456, the texting ban, met yesterday to discuss their goals and concerns for the House and Senate versions of the bill. By rule, the committee can only consider and discuss the versions of the bill that were approved by the House and Senate.

The House approved-version of the bill would ban all teen drivers under 18 from using any electronic communication device or electronic entertainment device while driving. The Senate version banned all drivers from writing, sending, and reading a text message while driving. This morning, the committee released a rough draft of the bill that combines the language from each version.

Representative Rick Olson (D-Polk) wanted to ensure that the texting ban provided an exemption for safety officers and truckers to read necessary communications they receive on the job. Olson also wanted to ensure that officers would not be able to using a texting stop as probable cause to charge the driver with another crime.

Olson also made an important point that officers will not be able to confiscate or look into the phone of a driver without a warrant. A warrantless search would be unconstitutional under the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .”

Several exemptions to reading a text message while driving were discussed for truckers, medical personnel, public safety officers, volunteer firefighters, and even organ donor coordinators. Senator Heckroth voiced concern over providing too many exemptions to reading a text message, wondering where the line would ultimately be drawn. However, he is open to some exemptions.

The U.S. Department of Transportation announced in January a ban on texting for all commercial truck drivers. See the press release here. For CRST and TMC trucks, it is company policy not to write, send, or read a text while driving.

Most of the committee members agreed that they have an important opportunity to make Iowa roads safer. The committee will meet today at 11:00 to continue the discussion.