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: 7 TLSB 5610YH (4) 90 th/ns
H.F. 2415 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 35 -1- LSB 5610YH (4) 90 th/ns 1/ 6
H.F. 2415 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 35 -2- LSB 5610YH (4) 90 th/ns 2/ 6
H.F. 2415 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 providers 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 providers costs for billing and collection 35 -3- LSB 5610YH (4) 90 th/ns 3/ 6
H.F. 2415 of the surcharge, the deficiency shall be included in the 1 service providers 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 subscribers 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 35 -4- LSB 5610YH (4) 90 th/ns 4/ 6
H.F. 2415 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 explanations 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. 35 -5- LSB 5610YH (4) 90 th/ns 5/ 6
H.F. 2415 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. 21 -6- LSB 5610YH (4) 90 th/ns 6/ 6