Proyectos de ley › 90.ª Asamblea General
Relating to the use of an electronic device in a voice-activated or hands-free mode while driving, providing penalties, and making penalties applicable
Dónde está ahora
- Hecho: Presentado11 de enero de 2023
- Hecho: Subcomité27 de marzo de 2023
- Hecho: Comité de la Cámara6 de febrero de 2023
- Se detuvo: Lo aprueba la CámaraMurió al terminar la Asamblea General
- Se saltó: Comité del SenadoSe saltó
- Hecho: Lo aprueba el Senado22 de marzo de 202347–3
- 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 in Iowa would be prohibited from using any electronic device while driving, rather than just for sending messages. While hands-free or voice-activated modes are still allowed, breaking this rule would result in a higher fine and could lead to a suspended driver's license. Certain people, such as emergency responders and utility workers, are exempt from these restrictions while performing their jobs. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
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 allows the use of an electronic device if the vehicle is at a complete stop off the traveled portion of the roadway, or as far away from the center of the roadway as is practicable if the vehicle cannot be entirely removed. The bill provides exceptions for the use of an electronic device in a voice-activated or hands-free mode, for members of a public safety agency performing official duties, for health care professionals in the course of emergency situations, for the purpose of receiving safety-related information, for the purpose of reporting an emergency situation, for persons operating an implement of husbandry, for certain radio operators, for members of a public transit system performing official duties while in a vehicle that is not in motion, for utility maintenance employees or contractors for the purpose of providing utility services, for transportation network company drivers engaged in a prearranged ride while the vehicle is not in motion, and for persons using an electronic device for the purpose of accessing or using a fleet management system. for agricultural purposes, exclusively used in the conduct of agricultural operations except for incidental uses, and operated at speeds of miles per hour or less.276 a moving violation. Under current law, a moving violation can be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status. 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, 2024.276 from $45 to $100.482A, 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.
3 comentarios públicos por escrito a su subcomité: 23 de enero de 2023 (3) · en el sitio de la Legislatura
Nota fiscal
Resumen con IA This bill prohibits the use of any electronic device while driving and increases the fine for this moving violation from $45 to $100. It is estimated to increase State General Fund revenue by $7,000 in fiscal year 2024 and by $212,000 per year beginning in fiscal year 2025 compared to fiscal year 2023. The bill will also increase revenue for several other funds, including the Juvenile Detention Home Fund, the Victim Compensation Fund, the Criminalistics Laboratory Fund, the DARE Fund, county general funds, and the Emergency Medical Services Fund. (en inglés)3
Lea la nota fiscal (en inglés)
Description
Senate File 547 prohibits any use of an electronic device while driving. The Bill defines an 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.
Use of an electronic device includes but is not limited to holding, viewing, or manipulating an electronic device. Under the Bill, use of an electronic device would be a moving violation. The Bill increases the scheduled fine for this violation from $45 to $100. A moving violation can be considered for purposes of administrative suspension of a driver’s license or to establish habitual offender status.
The Bill allows use of an electronic device under the following circumstances:
- Use if the vehicle is at a complete stop off the roadway or as far away from the center of the roadway if the vehicle cannot be entirely removed from the traveled portion of the roadway.
- Use in voice-activated or hands-free mode.
- Use by members of a public safety agency performing official duties.
- Use by health care professionals in the course of emergency situations.
- Use to receive safety-related information.
- Use to report an emergency situation, including maintaining communication with emergency personnel during the emergency situation, or public transit personnel responding to a transit-specific situation.
- Use by persons operating an implement of husbandry.
- Use by certain radio operators.
- Use by members of a public transit system performing official duties in a vehicle that is not in motion.
- Use by a utility maintenance employee or contractor using an electronic device while in a utility maintenance vehicle for the purpose of providing utility services.
- Use by a transportation network company driver engaged in a prearranged ride, provided the vehicle is not in motion.
- Use by a person to access or use a fleet management system.
A peace officer is required to issue a warning memorandum in lieu of a citation for violations that occur during the period between July 1, 2023, the effective date of the Bill, and January 1, 2024. Surcharge (15.0%) 15.00 Court Cost 55.00 Total 170.00$ Single Citation — SF 547
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 1,311 in FY 2022 and 1,458 in FY 2021.
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, 24 states currently prohibit all drivers from using hand-held cellphones while driving.
Assumptions
- The number of Iowa citations under current law for FY 2023 is estimated to total 1,385, which is similar to the average number of citations over the previous two years.
- The State of Indiana was utilized as a benchmark as the State enacted a law for hands-free devices beginning in July 2020. Between 2021 and 2022, the State averaged 5,966 violations per year excluding formal warnings. Indiana has 4.5 million drivers. Indiana’s citation rate (excluding warnings) was 131.6 per 100,000 licensed drivers.
- It is estimated there will be an increase in annual convictions under SF 547 for using an electronic device while driving. Iowa has 2.3 million drivers. It is assumed that the number of annual citations issued under SF 547 will total 2,986, which is similar to the rate of citations issued annually in Indiana from 2021 to 2022. However, the estimated number of citations issued during FY 2024 will total 1,493 as a result of the requirement in SF 547 that warning memorandums be issued in lieu of citations in the first half of FY 2024.
- The collection rate for scheduled violations is estimated at 58.0%.
Fiscal Impact
Senate File 547 is estimated to increase State General Fund revenue by $7,000 in FY 2024 and increase revenue by $212,000 per year beginning in FY 2025 compared to estimated FY 2023. Revenue may increase in future years if fewer warnings are given in lieu of tickets. The fiscal impact on other funding sources and the counties is shown in Table 1.Penalty 45.00$ Surcharge (15.0%) 6.75 Court Cost 55.00 Total 106.75$ Single Citation — Current Law
Sources
- LSA calculations
- Department of Transportation
- Department of Human Rights, Criminal and Juvenile Justice Planning Division
- National Conference of State Legislatures
- State of Indiana
- Federal Highway Administration
- Distracted Driving · 21 de marzo de 2023 · $212,000
- Distracted Driving · 23 de febrero de 2023 · $212,000
Lo que cambia del Código de Iowa (Iowa Code)
Modifica§321.178§321.180B§321.194§321.210§321.238§321.276§321.482A§321.555§707.6A§805.8A
Cabildeo
30 a favor · 0 en contra · 15 indecisos · Quiénes →
Family tree
Tried before
90th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- HF 2129 Relating to the use of an electronic device in a voice-activated or hands-free mode while …89th General Assembly · Approved by committee · same titleCleared committee
- HF 392 Relating to the use of an electronic device in a voice-activated or hands-free mode while …89th General Assembly · Renumbered as HF 2129 · same titleCleared committee
- SF 330 Relating to the use of an electronic device in a voice-activated or hands-free mode while …89th General Assembly · Renumbered as SF 2141 · same titleCleared committee
- SF 2141 Relating to the use of an electronic device in a voice-activated or hands-free mode while …89th General Assembly · Approved by committee · very similarCleared committee
Similar bills this General Assembly
- HF 827 Relating to the use of an electronic device in a voice-activated or hands-free mode while …91st General Assembly · WithdrawnNearly identical
- SF 71 Relating to the use of an electronic device in a voice-activated or hands-free mode while …90th General Assembly · In committeeNearly identical
- HSB 668 HSB 66890th General Assembly · In committeeSimilar
Matched by wording or an identical title.