Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
SF 207 – Distracted Driving (LSB1071SV)
Staff Contact: Maria Wagenhofer (515.281.5270) maria.wagenhofer@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 207 prohibits any use of an electronic device while      Single Citation — SF 207
driving. The Bill defines an electronic device as a device that is
                                                                     Penalty             $ 100.00
powered by electricity, including by a battery, that is capable of
composing, sending, receiving, or reading messages and               Surcharge  (15.0%)       15.00
storing, retrieving, or displaying videos, movies, or images. Use Court Cost                  55.00
of an electronic device includes but is not limited to holding,      Total               $   170.00
viewing, or manipulating an electronic device. Under the Bill, use of an electronic device would
be a moving violation. The Bill 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 if the vehicle is at a complete stop off the roadway or as far away from the center of the
   roadway if the vehicle cannot be entirely removed from the traveled portion of the roadway.
• 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 to receive safety-related information.
• Use to report 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 persons operating an implement of husbandry.
• 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.
• Use by a person to access or use 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 between July 1, 2023, the effective date of the Bill, and January 1, 2024.
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Background
Current law prohibits the use of hand-held electronic         Single Citation — Current Law
communication devices to write, send, or view electronic      Penalty            $      45.00
messages while driving a motor vehicle. The fine for this     Surcharge (15.0%)          6.75
violation is currently $45. The violation is not considered a Court Cost                55.00
moving violation. 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). Convictions under Iowa Code
section 321.276 for using an electronic communication device while driving a motor vehicle
totaled 1,311 in FY 2022 and 1,458 in FY 2021.
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.
According to the National Conference of State Legislatures (NCSL) State Cellphone Use While
Driving Laws dashboard, 24 states currently prohibit all drivers from using hand-held cellphones
while driving.
Assumptions
• The number of Iowa citations under current law for FY 2023 is estimated to total 1,385,
   which is similar to the average number of citations over the previous two years.
• The State of Indiana was utilized as a benchmark as the State enacted a law for hands-free
   devices beginning in July 2020. Between 2021 and 2022, the State averaged 5,966
   violations per year excluding formal warnings. Indiana has 4.5 million drivers. Indiana’s
   citation rate (excluding warnings) was 131.6 per 100,000 licensed drivers.
• It is estimated there will be an increase in annual convictions under SF 207 for using an
   electronic device while driving. Iowa has 2.3 million drivers. It is assumed that the number
   of annual citations issued under SF 207 will total 2,986, which is similar to the rate of
   citations issued annually in Indiana from 2021 to 2022. However, the estimated number of
   citations issued during FY 2024 will total 1,493 as a result of the requirement in SF 207 that
   warning memorandums be issued in lieu of citations in the first half of FY 2024.
• The collection rate for scheduled violations is estimated at 58.0%.
Fiscal Impact
Senate File 207 is estimated to increase State General Fund revenue by $7,000 in FY 2024 and
increase revenue by $212,000 per year beginning in FY 2025 compared to estimated FY 2023.
Revenue may increase in future years if fewer warnings are given in lieu of tickets. The fiscal
impact on other funding sources and the counties is shown in Table 1.
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                        Table 1 — Estimated Revenue, Current Law vs SF 207
                             Current Law                           FY 2024 vs                          FY 2025 vs
                             Est. FY 2023           FY 2024         FY 2023             FY 2025         FY 2023
General Fund
  Penalty Revenue            $      32,971      $      78,983     $     46,012      $     157,966      $    124,995
  Court Fee                         44,867             48,366             3,499            96,731            51,864
Subtotal                     $      77,838      $     127,349     $     49,510      $     254,697      $    176,859
Surcharge
  Juvenile Detention         $       2,533      $       6,068     $       3,535     $      12,135     $       9,602
  Victim Compensation                1,762              4,221             2,459             8,442             6,680
  Crime Lab                          1,101              2,638             1,537             5,276             4,175
  DARE                                 110               264                154               528               417
Subtotal                     $       5,506      $      13,191     $       7,684     $      26,381      $     20,875
Other
 County General Funds        $       3,304      $       7,914     $       4,611     $      15,829      $     12,525
  EMS Fund                             434              1,040               606             2,081             1,646
Total                        $      87,083      $     149,494     $     62,411      $     298,988      $    211,905
Sources
LSA calculations
Department of Transportation
Department of Human Rights, Criminal and Juvenile Justice Planning Division
National Conference of State Legislatures
State of Indiana
Federal Highway Administration
                                                                                /s/ Jennifer Acton
                                                                                February 23, 2023
Doc ID 1368441
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