Bills › 88th General Assembly
Relating to additional penalties for certain violations against bicyclists causing serious injury or death committed by a person operating a motor vehicle
Topics:Courts & civil lawTransportation
Same legislation: HF 2446
Where it is now
- Done: IntroducedJanuary 30, 2020
- Done: SubcommitteeFebruary 6, 2020
- Done: House committeeFebruary 18, 2020
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
281(1) prohibits a person operating a motor vehicle from steering the vehicle unreasonably close to or toward a person riding a bicycle on a highway, including the roadway or the shoulder adjacent to the roadway.281(1) is $250.482A sets forth additional penalties for causing serious injury to or the death of another person while operating a motor vehicle in violation of certain Code sections in Code chapter 321 (motor vehicles and law of the road).482A. For a violation causing serious injury, the additional penalties include a fine of $500 or suspension of the violator’s driver’s license or operating privileges for not more than days, or both.
Read the full explanation
For a violation causing death, the additional penalties include a fine of $1,000 or suspension of the violator’s driver’s license or operating privileges for not more than 180 days, or both.
House subcommittee
Named February 6, 2020. Meeting: Monday, February 10 · 2:00 PM · House Lounge.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill increases fines and penalties for motorists who drive too close to bicyclists and cause serious injury or death. The fiscal impact of these changes is estimated to be minimal.2
Read the fiscal note
Description
House File 2446 adds violations of Iowa Code section 321.281(1) to the list of violations subject to additional penalties under Iowa Code section 321.482A. For a violation causing serious injury, the additional penalties include a fine of $500 or suspension of the violator’s driver’s license or operating privileges for not more than 90 days, or both. For a violation causing death, additional penalties include a fine of $1,000 or suspension of the violator’s driver’s license or operating privileges for not more than 180 days, or both.
Background
Under current law, Iowa Code section 321.281(1) prohibits a person operating a motor vehicle from steering the vehicle unreasonably close to or toward a person riding a bicycle on a highway, including the roadway or the shoulder adjacent to the roadway. The scheduled fine for a violation of Iowa Code section 321.281(1) is $250.
Fine revenue is distributed to the State General Fund. A 35.0% criminal penalty surcharge is assessed on all fines. Of the Criminal Penalty Surcharge revenue, 95.0% is remitted to the State, and the remaining 5.0% is remitted to the county treasurer of the county or the city clerk of the city that was the plaintiff in the action. Of the amount remitted to the State, 83.0% is deposited in the State General Fund and 17.0% is deposited in the Victim Compensation Fund. In addition, a $60 court cost fee is assessed and the revenue is distributed to the State General Fund.
Assumptions
In FY 2019, the collection rate for a scheduled violation or fine was 61.0%. It is assumed the collection rate will be similar in future fiscal years.
Fiscal Impact
House File 2446 is estimated to have a minimal fiscal impact. In FY 2019, there were only six citations given for a violation of Iowa Code section 321.482A. It is unknown how many of these citations would be subject to the additional penalties under this Bill. The following table shows the amount assessed and collected under current law and the enhanced penalties. Current Law and HF 2446 Fine Assessments and CollectionsAssessment
Current Law
321.281(1) HF 2446
Serious Injury
Enhancement
HF 2446 Death
Enhancement
Fine 250.00$ 500.00$ 1,000.00$ 911.1 Surcharge 87.50 175.00 350.00 Court Costs 60.00 60.00 60.00 Total Assessed 397.50$ 735.00$ 1,410.00$ Estimated Collection 242.48$ 448.35$ 860.10$ In addition to the fine, if the violator’s driver’s license is suspended, a $200 civil penalty is assessed and must be paid before the license can be reinstated. Revenue from the civil penalty is deposited in the Juvenile Home Detention Fund. At the time of reinstatement, a $20 reinstatement is also assessed and paid to the Department of Transportation.
Sources
- Judicial Branch
- LSA analysis
- Bicycle Death, Enhanced Penalties · February 25, 2020
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88th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Similar bills
- HF 2015 Relating to additional penalties for certain violations against bicyclists causing serious…89th General Assembly · Renumbered as HF 2368Nearly identical
- HF 422 Relating to additional penalties for certain violations against bicyclists causing serious…90th General Assembly · Approved by committeeNearly identical
Matched by wording or an identical title.