S.F. 423 Section 1. Section 321.445, subsection 2, paragraph a, Code 1 2019, is amended to read as follows: 2 a. The driver and front seat occupants passengers of a 3 type of motor vehicle that is subject to registration in Iowa, 4 except a motorcycle or a motorized bicycle, shall each wear a 5 properly adjusted and fastened safety belt or safety harness 6 any time the vehicle is in forward motion on a street or 7 highway in this state , except that a child under eighteen years 8 of age shall be secured as required under section 321.446 . 9 Sec. 2. Section 321.445, subsection 2, paragraph b, 10 subparagraphs (1), (2), and (6), Code 2019, are amended to read 11 as follows: 12 (1) The driver or front seat occupants and passengers of a 13 motor vehicle which is not required to be equipped with safety 14 belts or safety harnesses. 15 (2) The driver and front seat occupants passengers of a 16 motor vehicle who are actively engaged in work which requires 17 them to alight from and reenter the vehicle at frequent 18 intervals, providing the vehicle does not exceed twenty-five 19 miles per hour between stops. 20 (6) Front seat occupants Passengers of an authorized 21 emergency vehicle while they are being transported in an 22 emergency. However, this exemption does not apply to the 23 driver of the authorized emergency vehicle. 24 Sec. 3. Section 321.445, subsection 2, paragraph b, Code 25 2019, is amended by adding the following new subparagraph: 26 NEW SUBPARAGRAPH . (7) Passengers of a motor vehicle, other 27 than the driver or a front seat passenger, for whom no safety 28 belt or safety harness is available because all safety belts 29 or safety harnesses are being used by other passengers, or for 30 which a safety belt or safety harness cannot be used due to the 31 use of a child restraint system in the seating position for 32 which a safety belt or safety harness is provided. 33 Sec. 4. Section 321.445, subsections 3 and 5, Code 2019, are 34 amended to read as follows: 35 -1- LSB 1060XS (6) 88 ns/rh 1/ 4

S.F. 423 3. The driver and front seat passengers may be each charged 1 separately for improperly used or nonused equipment under 2 subsection 2 . However, the driver shall not be charged for a 3 violation committed by a passenger who is fourteen years of 4 age or older unless the passenger is unable to properly fasten 5 a seat safety belt or safety harness due to a temporary or 6 permanent disability. The owner of the motor vehicle may be 7 charged for equipment violations under subsection 1 . 8 5. The department shall adopt rules pursuant to chapter 17A 9 providing exceptions from application of subsections 1 and 2 10 for front seats and front seat passengers of motor vehicles 11 owned, leased, rented, or primarily used by persons with 12 disabilities who use collapsible wheelchairs. 13 Sec. 5. Section 321.446, subsection 3, paragraph d, Code 14 2019, is amended to read as follows: 15 d. A back seat occupant passenger of a motor vehicle , other 16 than the driver or a front seat passenger, for whom no safety 17 belt or safety harness is available because all safety belts or 18 safety harnesses are being used by other occupants passengers 19 of the motor vehicle who are under eighteen years of age, or 20 for which a safety belt or safety harness cannot be used due to 21 the use of a child restraint system in the seating position for 22 which a safety belt or safety harness is provided. 23 Sec. 6. Section 321.446, subsection 4, paragraphs b and c, 24 Code 2019, are amended to read as follows: 25 b. If a passenger fourteen years of age or older is unable 26 to properly fasten a seatbelt safety belt or safety harness 27 due to a temporary or permanent disability, an operator who 28 transports such a person in violation of subsection 2 may 29 be charged with a violation of this section . Otherwise, 30 a passenger fourteen years of age or older who violates 31 subsection 2 shall be charged in lieu of the operator. 32 c. If a child under fourteen years of age, or a child 33 fourteen years of age or older who is unable to fasten a 34 seatbelt safety belt or safety harness due to a temporary or 35 -2- LSB 1060XS (6) 88 ns/rh 2/ 4

S.F. 423 permanent disability, is being transported in a taxicab or 1 in a personal vehicle operated by a transportation network 2 company driver, as defined in section 321N.1 , in a manner 3 that is not in compliance with subsection 1 or 2 , the parent, 4 legal guardian, or other responsible adult traveling with the 5 child shall be served with a citation for a violation of this 6 section in lieu of the taxicab operator or transportation 7 network company driver. Otherwise, if a passenger being 8 transported in the taxicab or in a personal vehicle operated by 9 a transportation network company driver is fourteen years of 10 age or older, the citation shall be served on the passenger in 11 lieu of the taxicab operator or transportation network company 12 driver. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 Under current law, Code section 321.445 (safety belts and 17 safety harnesses) requires drivers and front seat occupants 18 of motor vehicles who are 18 years of age or older to wear a 19 properly adjusted and fastened safety belt or safety harness 20 any time the vehicle is in forward motion on a street or 21 highway. This bill applies the requirement to all passengers 22 of the vehicle who are 18 years of age or older. However, 23 the bill exempts from the requirement passengers of a motor 24 vehicle, other than the driver or a front seat passenger, for 25 whom no safety belt or safety harness is available because 26 all safety belts or safety harnesses are being used by other 27 passengers, or for which a safety belt or safety harness cannot 28 be used due to the use of a child restraint system in the 29 seating position for which a safety belt or safety harness 30 is provided. The bill makes corresponding changes to the 31 exceptions, charging provisions, and rulemaking provisions of 32 Code section 321.445. 33 Code section 321.446 (child restraint devices) requires 34 children under 18 years of age to be secured during transit by 35 -3- LSB 1060XS (6) 88 ns/rh 3/ 4

S.F. 423 a child restraint system, safety belt, or safety harness. The 1 bill amends a current exemption to apply to a passenger of a 2 motor vehicle, other than the driver or a front seat passenger, 3 for whom no safety belt or safety harness is available because 4 all safety belts or safety harnesses are being used by other 5 passengers of the motor vehicle who are under 18 years of age, 6 or for which a safety belt or safety harness cannot be used due 7 to the use of a child restraint system in the seating position 8 for which a safety belt or safety harness is provided. 9 The bill makes the use of the terms “passenger”, “safety 10 belt”, and “safety harness” consistent throughout Code sections 11 321.445 and 321.446. 12 A violation of Code section 321.445 is punishable by a 13 scheduled fine of $50. A violation of Code section 321.446 14 is punishable by a scheduled fine of $100. The department of 15 transportation is prohibited from considering either violation 16 in determining an offender’s driver’s license suspension under 17 Code section 321.210 or habitual offender status under Code 18 section 321.555. 19 -4- LSB 1060XS (6) 88 ns/rh 4/ 4