House File 226 - Introduced HOUSE FILE 226 BY KAUFMANN A BILL FOR An Act prohibiting persons from intentionally blocking or 1 organizing others to block the movement of traffic on 2 certain highways, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1917YH (2) 87 ns/nh
H.F. 226 Section 1. NEW SECTION . 318.6A Intentional blocking of 1 traffic prohibited —— organizing others to block prohibited —— 2 penalties —— exceptions. 3 1. A person shall not loiter on the traveled portion of 4 the right-of-way of a highway with a speed limit of fifty-five 5 miles per hour or more with the intention of blocking the 6 normal and reasonable movement of motor vehicle traffic. 7 A person who violates this subsection commits a serious 8 misdemeanor punishable by a fine in the amount of one thousand 9 dollars, which shall be in lieu of any other punishment imposed 10 under this chapter. 11 2. A person shall not perform an activity related to 12 organizing, scheduling, or otherwise assembling a group of 13 persons if the person knows or should reasonably know the group 14 of persons will violate subsection 1. A person who violates 15 this subsection commits an aggravated misdemeanor, which shall 16 be in lieu of any other punishment imposed under this chapter. 17 3. This section shall not apply to a person who blocks 18 the movement of traffic for the purpose of obtaining law 19 enforcement, medical, or mechanical assistance. This section 20 shall also not apply to a person who is a peace officer or 21 emergency responder, who is engaged in highway construction 22 or maintenance, or who is an employee of a federal, state, or 23 local government, if the person is acting within the scope of 24 the person’s duties. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 Under current law, a person is prohibited from placing an 29 obstruction in the highway right-of-way, including the traveled 30 portion of the roadway. A person who violates this provision 31 is subject to an injunction and guilty of creating a public 32 nuisance, an aggravated misdemeanor punishable by imprisonment 33 not to exceed two years and a fine of at least $625 but not to 34 exceed $6,250. Any obstruction is subject to removal. 35 -1- LSB 1917YH (2) 87 ns/nh 1/ 2
H.F. 226 This bill prohibits a person from loitering on the traveled 1 portion of the right-of-way of a highway with a speed limit 2 of 55 miles per hour or more with the intention of blocking 3 the normal and reasonable movement of motor vehicle traffic. 4 A person who violates this provision commits a serious 5 misdemeanor punishable by a fine of $1,000, which is in lieu of 6 any other punishment imposed under Code chapter 318. 7 The bill also prohibits a person from performing an activity 8 related to organizing, scheduling, or otherwise assembling a 9 group of persons if the person knows or should reasonably know 10 the group of persons will loiter on the traveled portion of 11 the right-of-way of a highway with a speed limit of 55 miles 12 per hour or more with the intention of blocking the normal and 13 reasonable movement of motor vehicle traffic. A person who 14 violates this provision commits an aggravated misdemeanor, 15 which is in lieu of any other punishment imposed under Code 16 chapter 318. 17 The bill does not apply to a person who blocks the movement 18 of traffic for the purpose of obtaining law enforcement, 19 medical, or mechanical assistance. In addition, the 20 bill does not apply to a person who is a peace officer or 21 emergency responder, who is engaged in highway construction 22 or maintenance, or who is an employee of a federal, state, or 23 local government, if the person is acting within the scope of 24 the person’s duties. 25 -2- LSB 1917YH (2) 87 ns/nh 2/ 2