Increasing certain penalties for speeding in a motor vehicle, providing for the use of the additional moneys, and including applicability provisions

Description

House File 2639 increases the fines for speeding in certain situations. The Bill increases the fine for each mile per hour of excessive speed over 20 miles per hour (mph) over the limit from $5 to $10. The mile-per-hour fine is in addition to the $100 base fine. The Bill also increases the fine for speeding more than 25 mph over the limit in a road work zone from $1,000 to $1,500. The additional revenue will be remitted to the Emergency Medical Services (EMS) Fund established in Iowa Code section 135.25 and directed toward providing emergency medical services in rural, underserved areas of the State.

Background

Under current law, driving in excess of 20 mph over the speed limit incurs a $100 fine plus an additional $5 for each mph over 20 mph. The current fine for driving in excess of 25 mph over the speed limit in a road work zone is $1,000. Convictions for driving over 20 mph over the limit totaled 8,104 in FY 2018 and 7,341 in FY 2019. Convictions for driving over 25 mph over the limit in a road work zone totaled 20 in FY 2018 and 24 in FY 2019.

A 35.0% Criminal Penalty Surcharge is applied to each fine, 95.0% of which is remitted to the State. Of the State’s share, 83.0% is remitted to the General Fund while 17.0% goes to the Victim Compensation Fund. The remaining 5.0% is allocated to the county or city where the violation occurred. Court costs are estimated to be $60 per violation.

Assumptions

• In FY 2021 there will be approximately 7,700 convictions for speeding in excess of 20 mph over the limit.
• In FY 2021 there will be approximately 22 convictions for speeding in excess of 25 mph over the limit in a road work zone.
• A lag time of six months is assumed from the effective date of the Bill to the date of the first fines collected. The collection rate for the scheduled violation is estimated to be 61.0%.

Correctional Impact

House File 2639 is estimated to have a 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 16, 2020, for information related to the correctional system.

Minority Impact

Convictions issued under Iowa Code section 321.285 are displayed in the table below. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 15, 2020, for information related to minorities in the criminal justice system. Race and ethnicity data collected on scheduled traffic violations is determined by the officer when the citation is issued.

Fiscal Impact

Revenue from the increased fines in House File 2639 will be deposited in the EMS Fund. While the number of mph increments of excess speed over 20 mph over the limit is unknown, the tables below provide revenue estimates from the increased fines for two scenarios:

• Scenario 1: For 7,700 convictions of 1 mph over the 20-mph threshold, and 22 convictions for excessive speed over 25 mph over the limit in a road work zone.
• Scenario 2: For 7,700 convictions of 5 mph over the 20-mph threshold, and 22 convictions for excessive speed over 25 mph over the limit in a road work zone.White Black Asian Hispanic Nat. Am. Other Unknown Total 2018 5,096 1,301 232 75 33 386 1,001 8,124 2019 4,504 1,174 205 63 23 353 1,043 7,365

Convictions by Ethnicity, Penalties Amended by HF 658Scenario 1 – Revenue Compared to Current Law Current Law FY 2021 Increase FY 2022 Increase EMS Fund Revenue 506,600$ 521,700$ 15,100$ 536,800$ 30,200$

Surcharge Distribution

General Fund 139,800 143,950 4,150 148,100 8,300 Victim Comp. Fund 28,600 29,450 850 30,300 1,700 Local Jurisdiction 8,900 9,150 250 9,400 500 Surcharge Total 177,300 182,550 5,250 187,800 10,500 Grand Total 683,900$ 704,250$ 20,350$ 724,600$ 40,700$ Scenario 2 – Revenue Compared to Current Law Current Law FY 2021 Increase FY 2022 Increase EMS Fund Revenue 600,500$ 662,600$ 62,100$ 724,700$ 124,200$

Surcharge Distribution

General Fund 165,700 182,850 17,150 200,000 34,300 Victim Comp. Fund 33,900 37,450 3,550 41,000 7,100 Local Jurisdiction 10,500 11,600 1,100 12,700 2,200 Surcharge Total 210,100 231,900 21,800 253,700 43,600 Grand Total 810,600$ 894,500$ 83,900$ 978,400$ 167,800$ Assumes 7,700 Violations for Speeding 21 MPH Over the Limit Assumes 7,700 Violations for Speeding 25 MPH Over the Limit

Sources

• Criminal and Juvenile Justice Planning Division, Department of Human Rights
• LSA calculations