Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
SF 330 – Distracted Driving (LSB1179SV)
Staff Contact: Austin Brinks (515.725.2200) austin.brinks@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 330 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. 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.
• A utility maintenance employee or contractor using an electronic device while in a utility
   maintenance vehicle for the purpose of providing utility services.
• A transportation network company driver engaged in a prearranged ride, provided the
   vehicle is not in motion.
• A person using an electronic device for the purpose of accessing or using a fleet
   management system.
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, 2021, the effective date of the Bill, and January
1, 2022.
Background
Current law prohibits the use of hand-held              Table 1 — Cost of Single Citation
electronic communication devices to write, send, or Penalty                          $ 45.00
view electronic messages while driving a motor
                                                     Surcharge (15.0%)                     6.75
vehicle. The fine for this violation is $45. The
violation is not considered a moving violation.      Court Cost                           55.00
Persons under the age of 18 are currently            Total                           $   106.75
prohibited from using an electronic communication device while driving a motor vehicle (Iowa
Code section 321.178). For FY 2019, convictions under Iowa Code section 321.276 for using
an electronic communication device while driving a motor vehicle totaled 1,770. FY 2019 is
used for calculations due to the COVID-19 pandemic limiting traffic in FY 2020.
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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 392 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 22, 2021, for information related to the
correctional system.
Minority Impact
Convictions issued under Iowa Code section 321.276 are displayed in Table 2.
Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated
January 27, 2021, 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 1.9 million drivers. Utah’s citation rate was 133.7 per 100,000
   licensed drivers.
• The number of citations under current law for FY 2021 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
   SF 330 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 2022, will total
   1,500 as a result of the requirement in SF 330 that warning memorandums be issued in lieu
   of citations in FY 2022.
• A delay of six months is expected until fines are collected. The collection rate for the
   scheduled violation is estimated to be 58.0%.
Fiscal Impact
Senate file 330 is estimated to reduce state General Fund revenue by $47,000 in FY 2022, and
increase revenue by $72,000 beginning in FY 2023. The fiscal impact on other funding sources
and the counties is shown on Table 3.
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Table 3 displays the estimated fiscal impact of the changes enacted in the Bill.
                         Table 3 — Estimated Revenue Current Law vs SF 330
                          Current Law                            SF 330
                                                          FY 2022                                FY 2023
                           FY 2021          FY 2022      vs FY 2021        FY 2023              vs FY 2021
General Fund
 Penalty Revenue          $     40,000     $          20,000   $     -20,000   $       70,000   $   30,000
 Court Fee                      54,000                27,000         -27,000           96,000       42,000
Subtotal                  $     94,000     $          47,000   $     -47,000   $      166,000   $   72,000
Surcharge Revenue
 Juvenile Detention       $      3,100     $           1,600   $      -1,500   $        5,400   $    2,300
 Victim Comp.                    2,100                 1,100          -1,000            3,800        1,700
 Crime Lab                       1,300                   700            -600            2,300        1,000
 DARE                              100                    50             -50              200          100
Subtotal                  $      6,600     $           3,450   $      -3,150   $       11,700   $    5,100
Other
 County General Funds     $      4,000     $           2,000   $      -2,000   $        7,000   $    3,000
 EMS Fund                          500                   300            -200              900          400
Grand Total               $    105,100     $          52,750   $     -52,350   $      185,600   $   80,500
Sources
LSA calculations
Criminal and Juvenile Justice Planning Division, Department of Human Rights
                                                                        /s/ Holly M. Lyons
                                                                        February 15, 2021
Doc ID 12126531212653
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