Relating to the use of an electronic communication device in a voice-activated or hands-free mode while driving, and providing penalties

Description

Senate File 2248 prohibits any use of an electronic communication device while driving. Under the Bill, the scheduled fine for using an electronic communication device remains at current law, which is $30. The use of an electronic communication 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 communication 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.
• Use by certain radio operators.

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, 2020, the effective date of the Bill, and January 1, 2021.

Background

Current law prohibits the use of hand-held electronic communication devices to write, send, or view electronic messages while driving a motor vehicle. The fine for this violation is $30. The violation is not considered a moving violation. Persons under the age of 18 are currently 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 totaled 1,658, and 42 convictions were issued to individuals under age 18 for using an electronic communication device.

A criminal penalty surcharge is applied to the scheduled fine. Ninety-five percent of the surcharge is remitted to the State. Of the State’s share, 83.0% is deposited in the General Fund and 17.0% in the Victim Compensation Fund. The remaining 5.0% of the surcharge is remitted to the city or county where the infraction occurred.

Surcharge (35.0%) 10.50 Court Cost 60.00 Total 100.50$

Single Citation

Correctional Impact

Senate File 2248 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 321.276 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.

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 conviction rate was 133.7 per 100,000 licensed drivers.
• Iowa has 2.2 million drivers and it is estimated that there will be 1,700 violations of existing law in FY 2020, which assumes the same conviction rate as Utah. Convictions in FY 2021, which reflect six months of warning and six months of enforcement, will be 1,500 and will average 3,000 per year beginning in FY 2022.
• A lag time of six months is assumed from the effective date of the Bill to the date of the first violations collected. The collection rate for the scheduled violation is estimated to be 61.0%.

Fiscal Impact

The table below displays the estimated fiscal impact of the changes enacted in the Bill.White Black Hispanic Asian Nat. Am. Other Unknown Total 2018 1,204 60 10 32 6 31 283 1,626 2019 1,225 62 20 32 3 42 274 1,658 Iowa Code Section 321.276 Convictions by EthnicityFY 2020* FY 2021* FY 2022

General Fund

Penalty Revenue 31,000$ 16,000$ 55,000$ Surcharge Revenue 9,000 4,000 15,000 Court Costs 62,000 31,000 110,000 Subtotal 102,000$ 51,000$ 180,000$

Other

Victim Comp. Fund 2,000$ 1,000$ 3,000$ Local Jurisdiction 1,000 300 1,000 Grand Total 105,000$ 52,300$ 184,000$

Estimated Revenue

*Enforcement in FY 2020 w ill be under existing law , and FY 2021 reflects six months of w arnings and six months of enforcement.

Sources

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