Bill Text: IA HF2415 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the operation of motor vehicles, including a distracted driving information program and fund, citations issued due to use of automated systems for traffic law enforcement, and enforcement of safety belt and safety harness requirements, providing fees, and making appropriations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-08 - Introduced, referred to Public Safety. H.J. 228. [HF2415 Detail]
Download: Iowa-2023-HF2415-Introduced.html
House
File
2415
-
Introduced
HOUSE
FILE
2415
BY
THOMSON
A
BILL
FOR
An
Act
relating
to
the
operation
of
motor
vehicles,
including
1
a
distracted
driving
information
program
and
fund,
2
citations
issued
due
to
use
of
automated
systems
for
3
traffic
law
enforcement,
and
enforcement
of
safety
belt
and
4
safety
harness
requirements,
providing
fees,
and
making
5
appropriations.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
INFORMATION
PROGRAM
2
Section
1.
Section
321.145,
subsection
1,
Code
2024,
is
3
amended
to
read
as
follows:
4
1.
Except
for
fines,
forfeitures,
court
costs,
and
the
5
collection
fees
retained
by
the
county
treasurer
pursuant
to
6
section
321.152
,
moneys
deposited
in
the
information
program
7
fund
created
in
section
321.146,
and
except
as
provided
8
moneys
described
in
subsection
2
,
moneys
and
motor
vehicle
9
registration
fees
collected
under
this
chapter
shall
be
10
credited
by
the
treasurer
of
state
to
the
road
use
tax
fund.
11
Sec.
2.
NEW
SECTION
.
321.146
Information
program
fund.
12
1.
An
information
program
fund
is
created
in
the
state
13
treasury
under
the
control
of
the
department.
The
fund
shall
14
consist
of
moneys
collected
under
section
388.10,
subsection
2,
15
paragraph
“e”
,
and
section
476.95C,
moneys
appropriated
by
the
16
general
assembly
to
the
fund,
and
any
other
revenues
credited
17
by
law
to
the
fund.
Notwithstanding
section
8.33,
moneys
in
18
the
fund
that
remain
unencumbered
or
unobligated
at
the
close
19
of
a
fiscal
year
shall
not
revert
but
shall
remain
available
20
for
expenditure
for
the
purposes
designated.
Notwithstanding
21
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
22
the
fund
shall
be
credited
to
the
fund.
23
2.
Moneys
in
the
fund
are
appropriated
to
the
department
to
24
be
used
for
all
of
the
following
purposes:
25
a.
To
produce
and
distribute
a
public
service
advertisement
26
campaign
to
educate
persons
about
the
dangers
associated
with
27
using
an
electronic
device
while
driving.
Such
advertisements
28
shall
be
aired
across
the
state
in
each
year
the
department
29
runs
the
information
program
in
a
regular,
noticeable,
and
30
intrusive
manner
determined
by
the
department
to
maximize
the
31
individual
contacts
with
persons
in
this
state.
32
b.
To
provide
aftermarket
devices,
that
allow
a
person
to
33
use
an
electronic
device
in
hands-free
mode,
to
residents
of
34
this
state
for
a
reduced
cost,
or
free
of
charge.
“Hands-free
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mode”
means
an
attachment,
accessory,
application,
wireless
1
connection,
or
built-in
feature
of
an
electronic
device
or
2
motor
vehicle
that
allows
a
person
to
use
verbal
commands
or
a
3
single
touch
to
activate
or
deactivate
the
device
or
a
function
4
or
software
application
of
the
device.
“Hands-free
mode”
does
5
not
include
accessing
nonnavigation
video
content,
engaging
6
in
a
video
call,
accessing
or
engaging
in
video
streaming,
7
accessing
gaming
data,
or
reading
an
electronic
message
or
8
notification.
9
c.
To
provide
for
an
investigation
program
to
employ
10
persons
to
determine
whether
the
use
of
an
electronic
device
11
contributed
to
certain
vehicle
collisions.
12
(1)
A
person
who
is
employed
by
the
state
or
a
political
13
subdivision
of
the
state
shall
not
be
hired
as
an
investigation
14
program
employee.
15
(2)
The
investigation
program
employees
shall
determine
the
16
cause
of
all
collisions
where
the
front
of
a
vehicle
collides
17
with
the
rear
of
another
vehicle.
If
it
is
determined
the
18
cause
for
such
a
collision
involved
the
use
of
an
electronic
19
device,
the
investigation
program
shall
notify
the
county
20
attorney
of
the
county
in
which
the
collision
occurred
and
21
recommend
the
specific
criminal
charges
to
be
filed
against
22
the
person
involved
in
the
collision.
The
county
attorney
23
shall
prosecute
the
person
accordingly,
and
if
convicted,
the
24
court
shall
order
the
person
to
not
operate
a
motor
vehicle
25
unless
the
vehicle
is
equipped
with
technology
or
equipment
26
that
prevents
the
person
from
using
an
electronic
device
while
27
operating
the
motor
vehicle.
28
d.
To
provide
for
signs
to
be
posted
along
highways
29
indicating
appropriate
locations
along
a
highway
to
stop
a
30
vehicle
for
the
purpose
of
using
an
electronic
device.
Signs
31
specifying
the
mileage
and
estimated
time
between
appropriate
32
locations
shall
also
be
posted
along
the
highway.
33
e.
To
establish
a
commission
to
evaluate
the
efficacy
34
of
the
information
program.
The
commission
shall
submit
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recommendations
to
improve
the
information
program
to
the
1
director
and
to
the
general
assembly
at
least
once
each
year.
2
However,
such
recommendations
shall
not
include
proposed
3
legislation.
4
Sec.
3.
Section
388.10,
subsection
2,
Code
2024,
is
amended
5
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
e.
Impose
a
surcharge
not
to
exceed
7
fifty
dollars
per
month
per
access
line
on
each
access
line
8
subscriber
for
deposit
in
the
information
program
fund
created
9
in
section
321.146.
10
Sec.
4.
Section
421.9,
Code
2024,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
5.
The
director
shall
determine
the
13
proportional
usage
factor
as
required
under
section
476.95C.
14
Sec.
5.
Section
423.3,
Code
2024,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
69B.
The
sales
price
from
surcharges
paid
17
for
the
information
program
fund
pursuant
to
sections
388.10
18
and
476.95C.
19
Sec.
6.
NEW
SECTION
.
476.95C
Information
program
surcharge.
20
1.
To
discourage
distracted
driving
and
to
provide
moneys
21
for
the
information
program
fund
created
in
section
321.146,
a
22
telecommunications
service
provider
shall
impose
a
surcharge
of
23
not
more
than
fifty
dollars
per
month
per
access
line
on
each
24
access
line
subscriber.
The
amount
of
the
surcharge
shall
be
25
based
on
a
proportional
usage
factor
determined
by
the
director
26
of
revenue.
The
telecommunications
service
provider
shall
27
notify
subscribers
that
collection
of
the
surcharge
is
to
begin
28
within
sixty
days.
29
2.
a.
The
surcharge
shall
be
collected
as
part
of
the
30
service
provider’s
periodic
billing
to
a
subscriber.
In
31
compensation
for
the
costs
of
billing
and
collection,
the
32
service
provider
may
retain
one
percent
of
the
gross
surcharges
33
collected.
If
the
compensation
is
insufficient
to
fully
34
recover
a
service
provider’s
costs
for
billing
and
collection
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of
the
surcharge,
the
deficiency
shall
be
included
in
the
1
service
provider’s
costs
for
ratemaking
purposes
to
the
extent
2
it
is
reasonable
and
just
under
section
476.6.
The
remaining
3
amount
of
the
surcharges
shall
be
remitted
to
the
treasurer
of
4
state
for
deposit
into
the
information
program
fund
created
in
5
section
321.146
monthly
by
the
service
provider.
6
b.
A
service
provider
is
not
liable
for
an
uncollected
7
surcharge
for
which
the
service
provider
has
billed
a
8
subscriber
but
the
subscriber
has
not
paid.
The
surcharge
must
9
appear
as
a
single
line
item
on
a
subscriber’s
periodic
billing
10
entitled
“information
program
fund
surcharge”.
11
DIVISION
II
12
AUTOMATED
TRAFFIC
ENFORCEMENT
CITATIONS
PROHIBITED
13
Sec.
7.
NEW
SECTION
.
321.492C
Automated
traffic
enforcement
14
citations
prohibited.
15
1.
The
state
or
a
local
authority
shall
not
use
an
automated
16
or
remote
system
for
traffic
law
enforcement
to
issue,
either
17
directly
or
indirectly,
a
citation
for
a
traffic
violation.
18
2.
The
state
or
a
local
authority
may
issue
a
warning
19
memorandum
to
the
owner
of
a
vehicle
that
was
operated
in
20
violation
of
a
traffic
law
if
the
violation
was
detected
by
an
21
automated
or
remote
system
for
traffic
law
enforcement.
22
3.
Evidence
of
a
traffic
violation
detected
by
an
automated
23
or
remote
system
for
traffic
law
enforcement
shall
not
be
24
admitted
or
used
in
any
criminal
or
civil
proceeding.
25
4.
For
purposes
of
this
section,
“automated
or
remote
system
26
for
traffic
law
enforcement”
means
a
camera
or
other
optical
27
device
designed
to
work
in
conjunction
with
an
official
traffic
28
control
signal
or
speed
measuring
device
to
detect
motor
29
vehicles
being
operated
in
violation
of
traffic
laws,
the
use
30
of
which
results
in
the
issuance
of
citations
sent
through
the
31
mail
or
by
electronic
means.
32
DIVISION
III
33
SEAT
BELT
VIOLATIONS
34
Sec.
8.
Section
321.445,
Code
2024,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
6.
A
peace
officer
does
not
have
probable
2
cause
to
stop
or
detain
a
person
solely
for
a
suspected
3
violation
of
this
section.
This
section
is
enforceable
by
a
4
peace
officer
only
as
a
secondary
action
when
the
driver
of
5
a
motor
vehicle
has
been
stopped
or
detained
for
a
suspected
6
violation
of
another
provision
of
this
chapter,
a
local
7
ordinance
equivalent
to
a
provision
of
this
chapter,
or
other
8
law.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
the
operation
of
motor
vehicles.
13
INFORMATION
PROGRAM.
The
bill
establishes
the
information
14
program
fund
(fund)
under
the
control
of
the
department
of
15
transportation
(DOT).
16
Moneys
in
the
fund
are
appropriated
to
the
DOT
to
be
used
17
as
provided
in
the
bill,
including
to
produce
and
distribute
a
18
public
service
advertising
campaign
against
distracted
driving,
19
provide
hands-free
devices
to
Iowa
residents,
employ
persons
20
within
an
investigation
program
to
determine
the
cause
of
21
certain
traffic
collisions,
provide
for
additional
signage
22
along
highways,
and
establish
a
commission
to
evaluate
the
23
efficacy
of
the
program.
24
The
bill
requires
telecommunication
service
providers
25
to
impose
a
surcharge
of
not
more
than
$50
per
month
per
26
access
line
on
each
access
line
subscriber.
The
amount
of
27
the
surcharge
is
required
to
be
based
on
a
proportional
usage
28
factor
determined
by
the
director
of
revenue.
The
surcharge
29
is
collected
in
the
same
manner
as
other
telecommunication
30
services
charges,
and
the
moneys
are
required
to
be
deposited
31
in
the
fund
monthly.
Service
providers
are
required
to
32
provide
notice
of
the
surcharge
and
describe
the
surcharge
on
33
customers’
billing
statements.
The
surcharge
is
exempt
from
34
sales
tax.
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AUTOMATED
TRAFFIC
ENFORCEMENT
CITATIONS
PROHIBITED.
The
1
bill
prohibits
the
state
or
a
local
authority
from
using
an
2
automated
or
remote
system
for
traffic
law
enforcement
(ATE
3
system)
to
issue
a
citation
for
a
traffic
violation.
However,
4
the
state
or
a
local
authority
may
issue
a
warning
memorandum.
5
Evidence
of
a
traffic
violation
detected
by
an
ATE
system
6
is
inadmissible
and
cannot
be
used
in
any
criminal
or
civil
7
proceeding.
The
bill
defines
“automated
or
remote
system
for
8
traffic
law
enforcement”.
9
SEAT
BELT
VIOLATIONS.
The
bill
prohibits
a
peace
officer
10
from
stopping
or
detaining
a
person
solely
for
a
suspected
11
violation
of
Code
section
321.445
(safety
belts
and
safety
12
harnesses).
A
peace
officer
can
only
charge
a
violation
of
13
Code
section
321.445
as
a
secondary
action
when
the
driver
of
14
a
motor
vehicle
has
been
stopped
or
detained
for
a
suspected
15
violation
of
another
provision
of
Code
chapter
321
(motor
16
vehicles
and
laws
of
the
road),
a
local
ordinance
equivalent
to
17
a
provision
of
Code
chapter
321,
or
other
law.
18
Under
current
law,
a
person
who
violates
Code
section
19
321.445
commits
a
simple
misdemeanor
punishable
by
a
$70
20
scheduled
fine.
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