Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
HF 2129 – Distracted Driving (LSB1179HZ)
Staff Contact: Danielle Beavers (515.725.1286) danielle.beavers@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2129 prohibits any use of an electronic device while driving. The Bill defines an
electronic device as being capable of sending or receiving messages and storing or displaying
videos. Under the Bill, use of an electronic device would be a moving violation and increases
the scheduled fine for this violation from $45 to $100. A moving violation can be considered for
purposes of administrative suspension of a driver’s license or to establish habitual offender
status.
The Bill allows use of an electronic device under the following circumstances:
• Use in voice-activated or hands-free mode.
• Use by members of a public safety agency performing official duties.
• Use by health care professionals in the course of emergency situations.
• Use for the purpose of receiving safety-related information.
• Use for the purpose of reporting an emergency situation, including maintaining
   communication with emergency personnel during the emergency situation, or public transit
   personnel responding to a transit-specific situation.
• Use by certain radio operators.
• Use by members of a public transit system performing official duties in a vehicle that is not in
   motion.
• Use by a utility maintenance employee or contractor using an electronic device while in a
   utility maintenance vehicle for the purpose of providing utility services.
• Use by a transportation network company driver engaged in a prearranged ride, provided
   the vehicle is not in motion.
A peace officer is required to issue a warning memorandum in lieu of a citation for violations that
occur during the period of time between July 1, 2022, the effective date of the Bill, and January
1, 2023.
Background
Current law prohibits the use of hand-held electronic communication devices to write, send, or
view electronic messages while driving a                Table 1 — Cost of Single Citation
motor vehicle. The fine for this violation is                          Current Law HF 2129
currently $45. The violation is not considered     Penalty                  $45.00 $100.00
a moving violation. Persons under the age of       Surcharge (15.0%)           6.75      15.00
18 are currently prohibited from using an
                                                   Court Cost                55.00       55.00
electronic communication device while driving
                                                   Total                   $106.75 $170.00
a motor vehicle (Iowa Code section 321.178).
For FY 2021, convictions under Iowa Code section 321.276 for using an electronic
communication device while driving a motor vehicle totaled 1,458.
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Under Iowa Code section 602.8106(4)(b), scheduled fine revenue for a State law violation is
distributed as follows: 91.0% to the State and 9.0% to the general fund of the county in which
the violation occurred. For the State share of citations, 1.3% is distributed to the Emergency
Medical Services (EMS) Fund and 98.7% is distributed to the State General Fund.
In addition to the scheduled fine, a Crime Services Surcharge, equal to 15.0% of the fine, and a
$55 fee for court costs are also imposed. The Crime Services Surcharge is remitted to the
State Court Administrator and is distributed as follows: 46.0% to the Juvenile Detention Home
Fund; 32.0% to the Victim Compensation Fund; 20.0% to the Criminalistics Laboratory Fund;
and 2.0% to the Drug Abuse Resistance Education (DARE) Fund. The fee assessed for court
costs is deposited into the State General Fund.
Correctional Impact
House File 2129 is estimated to have minimal correctional impact. Refer to the Legislative
Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for
Correctional Impact Statements, dated January 18, 2022, for information related to the
correctional system.
Minority Impact
SF 2141 is estimated to have a minimal impact to minorities in the correctional system. Refer to
the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January
18, 2022, for information related to minorities in the criminal justice system.
Assumptions
• The state of Utah enacted a similar law beginning in May 2014. From 2016 to 2019, the
   state averaged 2,667 convictions per year for operating an electronic communication device
   while driving. Utah has 2.1 million drivers. Utah’s citation rate was 133.7 per 100,000
   licensed drivers.
• The number of Iowa citations under current law for FY 2022 is estimated to total 1,700,
   which is similar to the average number of citations over the previous three years.
• For estimation purposes, it is assumed that the number of annual citations issued under
   HF 2129 will total 3,000, which is similar to the rate of citations issued annually in Utah from
   2016 to 2019. However, the estimated number of citations issued during FY 2023 will total
   1,500 as a result of the requirement in HF 2129 that warning memoranda be issued in lieu of
   citations for the first half of FY 2023.
• A delay of six months is expected until fines are collected. Collection rates for scheduled
   violations is estimated at 58.0%.
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Fiscal Impact
House File 2129 is estimated to reduce State General Fund revenue by $47,000 in FY 2023,
and increase revenue by $158,000 beginning in FY 2024. The fiscal impact on other funding
sources and the counties is shown in Table 2.
                       Table 2 — Estimated Revenue, Current Law vs HF 2129
                          Current Law                       FY 2023 vs                            FY 2024 vs
                           FY 2022           FY 2023         FY 2022                FY 2024        FY 2022
General Fund
  Penalty Revenue        $     39,852    $      19,926      $      -19,926      $     156,282     $   116,430
  Court Fee                    54,230           27,115             -27,115             95,700          41,470
Subtotal                 $     94,082    $      47,041      $      -47,041      $     251,982     $   157,900
Surcharge
  Juvenile Detention     $      3,062    $       1,531     $        -1,531      $      12,006     $     8,944
  Victim Comp.                  2,130            1,065              -1,065              8,352           6,222
  Crime Lab                     1,331              666               -666               5,220           3,889
  DARE                            133               67                 -67               522             389
Subtotal                 $      6,656    $       3,328     $        -3,328      $      26,100     $    19,445
Other
 County Gen. Funds       $      3,993    $       1,997     $        -1,997      $      15,660     $    11,667
  EMS Fund                        525              262               -262               2,058           1,534
Total                     $   105,256    $      52,628      $      -52,628      $     295,800     $   190,545
Sources
LSA calculations
Department of Transportation
Department of Human Rights, Criminal and Juvenile Justice Planning Division
                                                                             /s/ Holly M. Lyons
                                                                             February 3, 2022
Doc ID 1286334
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
                                              www.legis.iowa.gov
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Statutes affected: 
Introduced: 321.178, 321.180B, 321.210, 321.238, 321.276, 321.482A, 321.482, 805.8A