Proyectos de ley › 90.ª Asamblea General
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
Presentado por el comité Transportation de la Cámara
Temas:Transportation
La misma legislación: HSB 707
Dónde está ahora
- Hecho: Presentado13 de febrero de 2024
- Hecho: Subcomité13 de febrero de 2024
- Hecho: Comité de la Cámara14 de febrero de 2024
- Se detuvo: Lo aprueba la CámaraMurió al terminar la Asamblea General
- Sigue: Comité del Senado
- Sigue: Lo aprueba el Senado
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Murió al terminar la sesión La sesión de 2024 terminó el 19 de abril de 2024, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA Drivers would be prohibited from using any electronic device while operating a vehicle, though hands-free or voice-activated use for navigation and calls is still allowed. This law increases fines for violations and gives the state more power to suspend driver's licenses for certain offenses. Additionally, the bill bans the use of automated systems, like cameras, that issue traffic citations through the mail. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
USE OF ELECTRONIC DEVICES WHILE DRIVING.276 prohibits the use of hand-held electronic communication devices to write, send, or view electronic messages while driving a motor vehicle.276 to prohibit any use of an electronic device while driving. The bill defines the terms “electronic device”, “use”, and “voice-activated or hands-free mode”. The bill excludes certain actions while behind the wheel of a motor vehicle from being considered “driving” for purposes of the bill, such as being stopped at a stop light. The bill authorizes persons to use 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 excludes certain persons from the prohibition, including a person reporting an emergency situation, a utility maintenance employee or contractor responding to an emergency, power outage, or circumstance that affects the health or safety of individuals, a person operating a commercial motor vehicle while using a mobile data terminal that transmits and receives data, and a person storing an electronic device in a holster, harness, or article of clothing on the person’s body.276 a moving violation.555). However, a peace officer is required to issue a warning memorandum in lieu of a citation for violations that occur during the period between the effective date of the bill and January 1, 2025.276 from $45 to $150, and further increases the penalty for a second ($250) and a third or subsequent ($500) violation within two years. In addition, the department of transportation (DOT) may suspend a person’s driver’s license for up to days. However, 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. To be eligible, the person must notify the clerk of court prior to the date of the person’s court appearance that the person intends to attend and successfully complete a driver improvement program, and must submit to the clerk of court written verification that the person completed the program, signed by the instructor of the program, within days of the violation. If a person notifies the clerk of court of the person’s intent to complete the program but fails to submit the required verification of completion within days, the person is subject to the penalties.482A, if a person is convicted for a violation and the violation causes a serious injury, a court could impose an additional fine of $500 or suspend the person’s driver’s license for not more than days, or both. If a person is convicted for a violation and the violation causes a death, a court could impose an additional fine of $1,000 or suspend the person’s driver’s license for not more than 180 days, or both.482A.276 as amended by the bill.276 as amended by the bill applicable to such persons. AUTOMATED TRAFFIC ENFORCEMENT PROHIBITED. On and after July 1, 2025, the bill prohibits the state or a local authority from placing or causing to be placed on or adjacent to a highway, or maintaining or employing the use of, any automated or remote system for traffic law enforcement (ATE system). The bill also prohibits the department of transportation and the department of public safety from providing information used to impose or collect a civil penalty that results from a violation captured by an ATE system through an existing interstate compact agreement unless the agreement specifically allows or requires that information to be shared or provided for that specific purpose. The bill defines “automated or remote system for traffic law enforcement” to mean 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. The bill requires that prior to July 1, 2025, a local authority using an ATE system must discontinue using the system and remove the system equipment. On and after July 1, 2025, all local ordinances authorizing the use of ATE systems are void. However, the bill provides that any citation issued or mailed pursuant to such an ordinance prior to July 1, 2025, is not invalidated by the bill and must be processed according to the provisions of law under which the citation was authorized.
House subcommittee
Named February 13, 2024 (as HSB 707). On February 14, 2024 it recommended passage. Vote Total: 2-1.
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
1 comentario público por escrito a su subcomité: 14 de febrero de 2024 (1) · en el sitio de la Legislatura
Nota fiscal
More revenue: up to $76,000 Compare con otros proyectos
Resumen con IA This bill expands restrictions on using electronic devices while driving and prohibits the use of automated traffic enforcement systems like speed cameras. It is estimated to increase State General Fund revenue by $76,000 per year beginning in fiscal year 2026. However, the bill is estimated to decrease revenue to ten reporting local authorities by $17.3 million per fiscal year, though the full fiscal impact on all cities cannot be estimated. (en inglés)3
Lea la nota fiscal (en inglés)
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
- Hands-Free Driving and Automated Traffic Cameras · 13 de marzo de 2024 · $76,000
Lo que cambia del Código de Iowa (Iowa Code)
Crea§321.492C
Modifica§321.178§321.180B§321.194§321.210§321.238§321.276§321.482A§321.555§707.6A§805.8A
Cabildeo
2 a favor · 9 en contra · 17 indecisos · Quiénes →
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90th General Assembly
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