Bill Summary – FastDemocracy

Fiscal Note
                                        Fiscal Services Division
HF 652 – Driving, Avoiding Traffic Lights (LSB1149HV)
Staff Contact: Austin Brinks (515.725.2200) austin.brinks@legis.iowa.gov
Fiscal Note Version – New
Description
House File 652 amends Iowa Code section 321.256 by adding a new section that prohibits
drivers from using private property, or public property that is not a street or highway, to avoid an
official traffic-control device. The Bill creates a new scheduled violation punishable by a fine of
$35 under Iowa Code section 805.8A(8). The Bill requires that a peace officer issue a warning
in lieu of a citation for violation of Iowa Code section 321.256(2) until January 1, 2022.
Background
Current Iowa law requires that drivers obey official traffic-control devices unless otherwise
directed by a peace officer. Violations of this law result in a fine of $135. An official traffic-
control device is a sign, signal, or marking placed by a public body to regulate, warn, or guide
traffic. Iowa Code section 321.482A also provides for additional penalties when a violation
results in serious injury or death. For a violation causing serious injury, Iowa Code section
321.482A provides for a fine of $500, suspension of the person’s driver’s license for no more
than 90 days, or both; for a violation causing death, it provides for a fine of $1,000, suspension
of the driver’s license for no more than 180 days, or both.
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 county general fund in which the
violation occurred. For the State share of citations, 1.3% is distributed to the Emergency
Medical Services 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 Fund. The fee assessed for court costs is
remitted to the State Court Administrator and distributed to the State General Fund.
Assumptions
There will be an unknown increase in fine and surcharge revenue as a result of House File 652.
Correctional Impact
House File 652 establishes a new scheduled violation under Iowa Code section 805.8A. The
punishment under this Bill does not include the possibility of imprisonment, and as a result, this
Bill is not estimated to have a 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.
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Minority Impact
House File 652 establishes a new scheduled violation, but it is unknown how many citations
may result from this Bill. As a result, the minority impact of House File 652 cannot be estimated.
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.
Fiscal Impact
Since House File 652 creates a new scheduled violation and the fiscal impact cannot be
determined. Table 1 shows the distribution of revenue for a single citation of Iowa Code section
321.256(2) and with enhanced penalties.
                                  Table 1 — Scheduled Fine and Surcharge Revenue Distribution
                                                           Fine Distribution              15.0% Crime Services Surcharge Distribution
                                        15.0%
                                        Crime        91.0% to State                    32.0% to       20.0% to      2.0% to      46.0% to
                       Scheduled       Services         General           9.0% to   Victim Comp.   Criminalistics   DARE**    Juvenile Home    Court
 Iowa Code Section        Fine        Surcharge     Fund/EMS* Fund        County         Fund        Lab Fund        Fund     Detention Fund   Costs
      321.256(2)          $35           $5.25            $31.85            $3.15       $1.68           $1.05        $0.11         $2.42        $55.00
 Enhanced Penalties
        $500              $100          $15.00           $91.00            $9.00       $4.80           $3.00        $0.30         $6.90        $55.00
       $1,000            $1,000        $150.00           $910.00          $90.00       $48.00         $30.00        $3.00         $69.00       $55.00
*Emergency Medical Services (EMS)   ** Drug Abuse Resistance Education (DARE)
Source
Legislative Services Agency
                                                                                                     /s/ Holly M. Lyons
                                                                                                     February 24, 2021
Doc ID 1213997
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: 321.256, 805.8A