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Senate File 2066

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2066
  1  2 
  1  3                             AN ACT
  1  4 MODIFYING REQUIREMENTS FOR SECURING CHILDREN TRANSPORTED
  1  5    IN MOTOR VEHICLES AND MAKING A PENALTY APPLICABLE.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 321.445, subsection 2, unnumbered
  1 10 paragraph 1, Code 2003, is amended to read as follows:
  1 11    The driver and front seat occupants of a type of motor
  1 12 vehicle which that is subject to registration in Iowa, except
  1 13 a motorcycle or a motorized bicycle, shall each wear a
  1 14 properly adjusted and fastened safety belt or safety harness
  1 15 any time the vehicle is in forward motion on a street or
  1 16 highway in this state except that a child under six eleven
  1 17 years of age shall be secured as required under section
  1 18 321.446.
  1 19    Sec. 2.  Section 321.446, subsections 1, 2, and 4, Code
  1 20 2003, are amended to read as follows:
  1 21    1.  a.  A child under one year of age and weighing less
  1 22 than twenty pounds who is being transported in a motor vehicle
  1 23 subject to registration, except a school bus or motorcycle,
  1 24 shall be secured during transit in a rear-facing child
  1 25 restraint system that is used in accordance with the
  1 26 manufacturer's instructions.
  1 27    b.  A child under three six years of age who does not meet
  1 28 the description in paragraph "a" and who is being transported
  1 29 in a motor vehicle subject to registration, except a school
  1 30 bus or motorcycle, shall be secured during transit by a child
  1 31 restraint system which meets federal motor vehicle safety
  1 32 standards, and the system shall be that is used in accordance
  1 33 with the manufacturer's instructions.
  1 34    2.  A child at least three six years of age but under six
  1 35 eleven years of age who is being transported in a motor
  2  1 vehicle subject to registration, except a school bus or
  2  2 motorcycle, shall be secured during transit by either a child
  2  3 restraint system that meets federal motor vehicle safety
  2  4 standards and is used in accordance with the manufacturer's
  2  5 instructions, or by a safety belt or safety harness of a type
  2  6 approved under section 321.445.
  2  7    4.  a.  The An operator who violates subsection 1 or 2 is
  2  8 guilty of a simple misdemeanor and subject only to the penalty
  2  9 provisions of section 805.8A, subsection 14, paragraph "c".
  2 10    b.  During the eighteen-month period beginning July 1,
  2 11 2004, and ending December 31, 2005, peace officers shall issue
  2 12 only warning citations for violations of subsections 1 and 2,
  2 13 provided the operator is, at a minimum, in compliance with the
  2 14 provisions of subsections 1 and 2, Code 2003.  A peace officer
  2 15 may issue a citation for a violation of this section or
  2 16 section 321.445, as applicable, to an operator who is not in
  2 17 compliance with section 321.446, subsections 1 and 2, Code
  2 18 2003, in regard to a child under six years of age, or section
  2 19 321.445, Code 2003, in regard to a child at least six years of
  2 20 age but under eleven years of age.  This paragraph is repealed
  2 21 January 1, 2006.
  2 22    Sec. 3.  Section 321.446, Code 2003, is amended by adding
  2 23 the following new subsection:
  2 24    NEW SUBSECTION.  7.  For purposes of this section, "child
  2 25 restraint system" means a specially designed seating system,
  2 26 including a belt-positioning seat or a booster seat, that
  2 27 meets federal motor vehicle safety standards set forth in 49
  2 28 C.F.R. } 571.213.
  2 29    Sec. 4.  EDUCATION PROGRAMS AND COMPLIANCE ASSISTANCE.
  2 30    1.  The state department of transportation, in cooperation
  2 31 with the department of public safety, shall develop and
  2 32 implement public awareness and education programs to foster
  2 33 compliance with the child restraint system usage requirements
  2 34 of this Act.
  2 35    2.  The state department of transportation and the
  3  1 department of public safety shall make every reasonable effort
  3  2 to identify existing programs administered by state and local
  3  3 government agencies that provide assistance to low-income
  3  4 families and to coordinate efforts with those agencies to
  3  5 assist Iowa parents, including but not limited to parents with
  3  6 more than three children under age eleven, to comply with the
  3  7 requirements of this Act.  This subsection is contingent upon
  3  8 the availability of funds to cover the costs associated with
  3  9 its implementation.  
  3 10 
  3 11 
  3 12                                                             
  3 13                               JEFFREY M. LAMBERTI
  3 14                               President of the Senate
  3 15 
  3 16 
  3 17                                                             
  3 18                               CHRISTOPHER C. RANTS
  3 19                               Speaker of the House
  3 20 
  3 21    I hereby certify that this bill originated in the Senate and
  3 22 is known as Senate File 2066, Eightieth General Assembly.
  3 23 
  3 24 
  3 25                                                             
  3 26                               MICHAEL E. MARSHALL
  3 27                               Secretary of the Senate
  3 28 Approved                , 2004
  3 29 
  3 30 
  3 31                                
  3 32 THOMAS J. VILSACK
  3 33 Governor
     

Text: SF02065                           Text: SF02067
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