S.F. 357 Section 1. Section 321.446, subsections 1 and 2, Code 2019, 1 are amended to read as follows: 2 1. a. A child under one year three years of age and 3 weighing less than twenty pounds who is being transported in a 4 motor vehicle subject to registration, except a school bus or 5 motorcycle, shall be secured during transit in a rear-facing 6 child restraint system that is used in accordance with the 7 manufacturer’s instructions. However, if the child has 8 reached the maximum height and weight for the rear-facing child 9 restraint system as determined by the system’s manufacturer, 10 the child shall be secured pursuant to paragraph “b” . 11 b. A child at least three years of age but under six seven 12 years of age who does not meet the description in paragraph 13 “a” and who is being transported in a motor vehicle subject 14 to registration, except a school bus or motorcycle, shall be 15 secured during transit by a child restraint system , other 16 than a booster seat, that is used in accordance with the 17 manufacturer’s instructions. However, if the child has reached 18 the maximum height and weight for the child restraint system 19 as determined by the system’s manufacturer, the child shall be 20 secured pursuant to paragraph “c” . 21 c. A child at least seven years of age but under twelve 22 years of age who is being transported in a motor vehicle 23 subject to registration, except a school bus or motorcycle, 24 shall be secured during transit in a booster seat by a safety 25 belt or safety harness of a type approved under section 26 321.445. However, if the child is four feet nine inches in 27 height or over, or weighs eighty pounds or more, the child 28 shall be secured pursuant to subsection 2. 29 2. A child at least six twelve years of age but under 30 eighteen years of age who is being transported in a motor 31 vehicle subject to registration, except a school bus or 32 motorcycle, shall be secured during transit by a child 33 restraint system that is used in accordance with the 34 manufacturer’s instructions or by a safety belt or safety 35 -1- LSB 1868XS (4) 88 ns/rh 1/ 4

S.F. 357 harness of a type approved under section 321.445 . 1 Sec. 2. Section 321.446, Code 2019, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 2A. A child under thirteen years of 4 age who is being transported in a motor vehicle subject to 5 registration, except a school bus or motorcycle, shall be 6 secured as required in this section in the back seat of the 7 motor vehicle. 8 Sec. 3. Section 321.446, subsection 3, paragraph d, Code 9 2019, is amended by striking the paragraph. 10 Sec. 4. Section 321.446, subsection 4, paragraphs b and c, 11 Code 2019, are amended to read as follows: 12 b. If a passenger fourteen years of age or older is unable 13 to properly fasten a seatbelt safety belt or safety harness 14 due to a temporary or permanent disability, an operator who 15 transports such a person in violation of subsection 2 may 16 be charged with a violation of this section . Otherwise, 17 a passenger fourteen years of age or older who violates 18 subsection 2 shall be charged in lieu of the operator. 19 c. If a child under fourteen years of age, or a child 20 fourteen years of age or older who is unable to fasten a 21 seatbelt safety belt or safety harness due to a temporary or 22 permanent disability, is being transported in a taxicab or 23 in a personal vehicle operated by a transportation network 24 company driver, as defined in section 321N.1 , in a manner 25 that is not in compliance with subsection 1 or 2 , the parent, 26 legal guardian, or other responsible adult traveling with the 27 child shall be served with a citation for a violation of this 28 section in lieu of the taxicab operator or transportation 29 network company driver. Otherwise, if a passenger being 30 transported in the taxicab or in a personal vehicle operated by 31 a transportation network company driver is fourteen years of 32 age or older, the citation shall be served on the passenger in 33 lieu of the taxicab operator or transportation network company 34 driver. 35 -2- LSB 1868XS (4) 88 ns/rh 2/ 4

S.F. 357 Sec. 5. Section 321.446, subsection 7, Code 2019, is amended 1 to read as follows: 2 7. For purposes of this section , “child : 3 a. “Booster seat” means the same as defined in 49 C.F.R. 4 §571.213. 5 b. “ Child restraint system” means a specially designed 6 seating system, including a belt-positioning seat or a booster 7 seat, that meets federal motor vehicle safety standards set 8 forth in 49 C.F.R. §571.213 . 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 requires a child under three years of age to 13 be secured during transit in a rear-facing child restraint 14 system that is used in accordance with the manufacturer’s 15 instructions. However, if the child has reached the maximum 16 height and weight for the rear-facing child restraint system 17 as determined by the system’s manufacturer, the child must be 18 secured as required for a child at least three years of age but 19 under seven years of age. 20 The bill requires a child at least three years of age but 21 under seven years of age to be secured during transit by a 22 child restraint system, other than a booster seat, that is used 23 in accordance with the manufacturer’s instructions. However, 24 if the child has reached the maximum height and weight for 25 the child restraint system as determined by the system’s 26 manufacturer, the child must be secured as required for a child 27 at least seven years of age but under 12 years of age. 28 The bill requires a child at least seven years of age but 29 under 12 years of age to be secured during transit in a booster 30 seat by a safety belt or safety harness. However, if the child 31 is four feet nine inches in height or over, or weighs 80 pounds 32 or more, the child must be secured as required for a child at 33 least 12 years of age but under 18 years of age. 34 The bill requires a child at least 12 years of age but under 35 -3- LSB 1868XS (4) 88 ns/rh 3/ 4

S.F. 357 18 years of age to be secured during transit by a safety belt 1 or safety harness. 2 The bill provides that a child under 13 years of age must be 3 secured as required in the bill in the back seat of the motor 4 vehicle. 5 The bill strikes a provision that exempts a child occupying 6 the back seat of a motor vehicle from having to be secured 7 during transit by a child restraint system, safety belt, or 8 safety harness if no safety belt is available because all 9 safety belts are being used by other occupants or cannot be 10 used due to the use of a child restraint system in the seating 11 position for which a belt is provided. 12 The bill makes the use of the terms “safety belt” and “safety 13 harness” consistent throughout Code section 321.446. 14 A violation of Code section 321.446 is punishable by a 15 scheduled fine of $100. The department of transportation is 16 prohibited from considering the violation in determining an 17 offender’s driver’s license suspension under Code section 18 321.210 or habitual offender status under Code section 321.555. 19 -4- LSB 1868XS (4) 88 ns/rh 4/ 4