Relating to traffic violations and enforcement, including the use of an electronic device while driving and the use of automated or remote systems for traffic law enforcement, providing penalties, making penalties applicable, and including effective date provisions

House File 2595 expands prohibitions against texting while driving and prohibits the use of automated traffic enforcement systems.

Division I — Use of Electronic Devices While Driving

Description

House File 2595 prohibits any use of an electronic device while driving except in certain circumstances. The Bill defines “electronic device” as a device that is powered by electricity, including by a battery, that is capable of composing, sending, receiving, or reading messages and storing, retrieving, or displaying videos, movies, or images. The Bill permits the use of an electronic device in a voice-activated or hands-free mode, with the speaker phone function engaged, while holding the phone in close proximity to the person’s ear, or for navigation purposes. The Bill makes a violation of Iowa Code section 321.276 a moving violation. The Bill increases the scheduled fine for a violation of Iowa Code section 321.276 from $45 to $150 and creates new penalties for a second ($250) and a third or subsequent ($500) violation within two years. In addition, the Bill permits the Department of Transportation (DOT) to suspend a person’s driver’s license for up to 90 days. The Bill allows a person to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the DOT in lieu of the penalties.

The Bill allows use of an electronic device under the following circumstances:

• Use by members of a public safety agency performing official duties.
• Use by health care professionals in the course of emergency situations.
• 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 a utility maintenance employee or contractor using an electronic device while in a utility maintenance vehicle for the purpose of providing utility services.
• A person operating a commercial motor vehicle while using a mobile data terminal that transmits and receives data.
• A person storing an electronic device in a holster, harness, or article of clothing on the person’s body.
• When a vehicle is at a complete stop such as a red light, traffic stop sign, or instructed to stop by proper authorities.

A peace officer is required to issue a warning memorandum in lieu of a citation for violations that occur from July 1, 2024, the effective date of Division I, until January 1, 2025. Surcharge (15.0%) 22.50 Court Cost 55.00 Total 227.50$ Single Citation — HF 2595

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 currently $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). Convictions under Iowa Code section 321.276 for using an electronic communication device while driving a motor vehicle totaled 1,364 in FY 2023 and 1,311 in FY 2022.

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, 29 states currently prohibit all drivers from using hand-held cellphones while driving.

Assumptions

• The number of Iowa citations under current law for FY 2024 is estimated to total 1,364, which is similar to the number of citations in FY 2023.
• It is unknown whether this Bill will result in increased citations. For the purpose of this Fiscal Note, it is assumed that the number of citations in FY 2025 will be half of FY 2024 because of warning memorandums being issued instead of citations. In FY 2026 and future years citations will be similar to FY 2024.
• The collection rate for scheduled violations is estimated at 59.2%.

Fiscal Impact

Division I of House File 2595 is estimated to increase State General Fund revenue by $76,000 per year beginning in FY 2026. Revenue may increase in future years if fewer warnings are given in lieu of tickets. The fiscal impact on other funding sources and the counties is shown in Figure 1.Penalty 45.00$ Surcharge (15.0%) 6.75 Court Cost 55.00 Total 106.75$ Single Citation — Current Law Figure 1 — Estimated Revenue, Current Law vs. HF 2595 Division II — Automatic Traffic Enforcement Prohibited

Description

House File 2595 prohibits the use of automatic or remote systems for traffic law enforcement by State or local authorities on and after July 1, 2025. However, any citation issued or mailed pursuant to such an ordinance prior to July 1, 2025, is not invalidated and must be processed according to the provisions of the law under which the citation was authorized. The Bill places information-sharing restrictions on the DOT and the Department of Public Safety (DPS) in relation to information collection by automatic traffic enforcement systems (ATEs). “Automated or remote system for traffic law enforcement” is defined in the Bill as a camera or other optical device designed to work in conjunction with an official traffic control signal or speed-measuring device to identify motor vehicles operating in violation of traffic laws, the use of which results in the issuance of citations sent through the mail or by electronic means.

Background

As of January 2024, the Legislative Services Agency (LSA) is aware of 25 cities and towns in Iowa that operate one or more ATEs, including Sioux City, Cedar Rapids, Davenport, Muscatine, Fort Dodge, Council Bluffs, Des Moines, Waterloo, Fayette, West Union, LeClaire, Strawberry Point, Hazleton, Hudson, Chester, Buffalo, Bellevue, Miles, Independence, Oelwein, Prairie City, Webster City, Marshalltown, Marion, and Postville. Data is not available at this time regarding the use of ATEs in additional cities or towns. As of January 15, 2024, the LSA obtained data from Cedar Rapids, Council Bluffs, Davenport, Des Moines, LeClaire, Muscatine, Waterloo, Buffalo, Fayette, and Marshalltown regarding their current ATEs. Sioux City recently changed its ATE provider and does not have accurate data for a full year.Current Law Est. FY 2024 FY 2025 FY 2025 vs FY 2024 FY 2026 FY 2026 vs FY 2024

General Fund

Penalty Revenue 32,637$ 54,395$ 21,758$ 108,789$ 76,152$ Court Fee 44,412 22,206 -22,206 44,412 0 Subtotal 77,049$ 76,601$ -448$ 153,201$ 76,152$

Surcharge

Juvenile Detention 2,507$ 4,179$ 1,672$ 8,358$ 5,850$ Victim Compensation 1,744 2,907 1,163 5,814 4,070 Crime Lab 1,090 1,817 727 3,634 2,544 DARE 109 182 73 363 254 Subtotal 5,451$ 9,084$ 3,634$ 18,168$ 12,718$

OtherCounty General

Funds 3,270$ 5,451$ 2,180$ 10,901$ 7,631$ EMS Fund 430 716 287 1,433 1,003 Total 86,199$ 91,852$ 5,652$ 183,704$ 97,504$ Figure 2 provides data obtained by the LSA related to the number of ATE devices, base cost per violation, vendors’ share of revenues, and local authorities’ share of revenues for the last full fiscal year.

Figure 2 — Data Provided for Fiscal Year 2023

Assumptions

All existing ATE devices will cease operation on or before July 1, 2024. Figure 3 provides the estimated loss of revenue to cities.

Fiscal Impact

The full fiscal impact of Division II cannot be estimated due to insufficient data as only 10 of the 25 local authorities that have speed cameras reported to the LSA. House File 2595 is estimated to decrease revenue to the 10 reporting local authorities by an estimated $17.3 million per fiscal year. Figure 3 includes information reported to the LSA for FY 2023.

Figure 3 — Estimated Annual Local Government Revenue Reduction Compared to FY 2023Local Number of Total Number of Number of Number of Base Fine Vendor Local Authority Authority Mobile ATEs Operating ATEs Violations Issued Violations Collected Per Violation Revenue Revenue Buffalo 1 3 10,006 9,359 75$ 145,125$ 362,813$ Cedar Rapids 2 19 169,696 94,037 75 1,834,563 7,207,857 Coucil Bluffs 0 15 20,299 12,557 100 489,416 849,453 Davenport 4 18 43,452 20,314 65 440,601 1,420,540 Des Moines 3 13 125,768 84,991 65 1,929,663 3,594,696 Fayette 0 2 5,315 4,074 100 138,878 324,049 LeClaire 1 5 62,229 50,533 50 1,664,130 1,703,438 Marshalltown 0 3 5,966 2,952 100 100,000 195,050 Muscatine 1 9 11,577 8,516 75 215,514 510,840 Waterloo 2 25 53,054 26,117 36 942,296 1,166,746 Lowest violation amount. Actual violation may increase depending on miles over the legal speed limit. Source: Local authoritiesLocal

Authority

Buffalo

Cedar Rapids

Coucil Bluffs

Davenport

Des Moines

Fayette

LeClaire

Marshalltown

Muscatine

Waterloo

-3,594,696

Estimated Loss

of Revenue -362,813$ -7,207,857 -849,453 -1,420,540 -324,049 -1,703,438 -195,050 -510,840 -1,166,746 Note: This information only reflects 10 of 25 local authorities that have reported to the LSA.

Figure 4 — Local Uses for ATE Revenue

Sources

• Legislative Services Agency calculations
• Local authorities
• Department of Transportation
• Criminal and Juvenile Justice Planning, Department of Management
• National Conference of State Legislatures
• Federal Highway Administration