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

Description

Senate File 2141 prohibits any use of an electronic device while driving. The Bill defines an electronic device as being capable of sending or receiving messages and storing or displaying videos. Under the Bill, use of an electronic device while driving 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 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, including maintaining communication with emergency personnel during the emergency situation, or public transit personnel responding to a transit-specific situation.
• 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 using an electronic device for the purpose of accessing or using 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 of time between July 1, 2022, the effective date of the Bill, and January 1, 2023.

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 $45. 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 2021, convictions under Iowa Code section 321.276 for using an electronic communication device while driving a motor vehicle totaled 1,458. Surcharge (15.0%) 6.75 Court Cost 55.00 Total 106.75$ Table 1 — Cost of Single Citation 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.

Correctional Impact

Senate File 2141 is estimated to have 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 18, 2022, for information related to the correctional system.

Minority Impact

Senate File 2141 is estimated to have a minimal impact to minorities in the correctional system. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, 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 2.1 million drivers. Utah’s citation rate was 133.7 per 100,000 licensed drivers.
• The number of Iowa citations under current law for FY 2022 is estimated to total 1,700, which is similar to the average number of citations over the previous three years.
• For estimation purposes, it is assumed that the number of annual citations issued under SF 2141 will total 3,000, which is similar to the rate of citations issued annually in Utah from 2016 to 2019. However, the estimated number of citations issued during FY 2023 will total 1,500 as a result of the requirement in SF 2141 that warning memoranda be issued in lieu of citations for the first half of FY 2023.
• A delay of six months is expected until fines are collected. Collection rates for scheduled violations are estimated at 58.0%.

Fiscal Impact

Senate File 2141 is estimated to reduce State General Fund revenue by $47,000 in FY 2023 and increase revenue by $72,000 beginning in FY 2024. The fiscal impact on other funding sources and the counties is shown in Table 2.

Sources

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