House File 2373 - Introduced HOUSE FILE 2373 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2222) (COMPANION TO SF 2218 BY COMMITTEE ON JUDICIARY) A BILL FOR An Act relating to school bus safety, including providing 1 penalties for failure to obey school bus warning lamps and 2 stop signal arms, providing for a school bus safety study 3 and administrative remedies, and making an appropriation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5206HV (2) 84 dea/nh

H.F. 2373 Section 1. Section 321.372, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. a. The driver of a school bus who 3 commits a violation of subsection 1 or 2 is guilty of a simple 4 misdemeanor punishable as a scheduled violation under section 5 805.8A, subsection 10. 6 b. A person convicted of a violation of subsection 3 is 7 subject to the following: 8 (1) For a first offense under subsection 3, the person 9 is guilty of a simple misdemeanor punishable by a fine of at 10 least two hundred fifty dollars but not more than six hundred 11 seventy-five dollars or by imprisonment for not more than 12 thirty days, or by both. 13 (2) For a second or subsequent offense under subsection 3, 14 the person is guilty of a serious misdemeanor. 15 Sec. 2. Section 321.482A, unnumbered paragraph 1, Code 16 2011, is amended to read as follows: 17 Notwithstanding section 321.482 , a person who is convicted 18 of operating a motor vehicle in violation of section 321.178, 19 subsection 2 , paragraph “a” , subparagraph (2), section 20 321.180B, subsection 6 , section 321.194, subsection 1 , 21 paragraph “c” , section 321.256 , section 321.257 , section 22 321.275, subsection 4 , section 321.276, 321.297 , 321.298 , 23 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 321.307 , 24 321.308 , section 321.309, subsection 2 , or section 321.311 , 25 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 321.323A , 321.324 , 26 321.324A , 321.327 , 321.329 , or 321.333 , or 321.372, subsection 27 3, causing serious injury to or the death of another person 28 may be subject to the following penalties in addition to the 29 penalty provided for a scheduled violation in section 805.8A or 30 any other penalty provided by law: 31 Sec. 3. Section 805.8A, subsection 10, paragraph b, Code 32 Supplement 2011, is amended by striking the paragraph. 33 Sec. 4. SCHOOL BUS SAFETY STUDY —— RULEMAKING —— REQUESTS 34 FOR REEXAMINATION OF A DRIVER —— EDUCATION PROGRAMS —— 35 -1- LSB 5206HV (2) 84 dea/nh 1/ 5

H.F. 2373 APPROPRIATION. 1 1. The department of transportation, the department of 2 public safety, and the department of education shall jointly 3 conduct a study relating to school bus safety, or may contract 4 with an outside vendor to conduct such a study under the joint 5 direction of the departments. The study shall focus on the use 6 of cameras mounted on school buses to enhance the safety of 7 children riding the buses and to aid in enforcement of motor 8 vehicle laws pertaining to school bus safety. The study shall 9 also consider the feasibility of requiring school children 10 to be picked up and dropped off on the side of the road on 11 which their home is located, the inclusion of school bus safety 12 as a priority in driver training curriculum, and any other 13 issues deemed appropriate by the departments. The findings and 14 recommendations shall be reported to the general assembly by 15 December 31, 2012. 16 2. By July 1, 2012, the department of transportation 17 shall initiate rulemaking to establish a violation of section 18 321.372, subsection 3, as a serious violation. The rules may 19 provide for an increasing tier of driver’s license suspensions 20 for conviction of a first, second, or subsequent violation. 21 The specific direction provided under this subsection does 22 not, by implication or otherwise, invalidate any prior 23 rulemaking by the department designating certain violations 24 as serious violations and does not preclude future rulemaking 25 by the department to designate certain violations other 26 than violations of section 321.372, subsection 3, as serious 27 violations. 28 3. By December 31, 2012, the department of transportation 29 shall make available to local law enforcement agencies, 30 electronically through the Iowa traffic and criminal software, 31 the form for requesting departmental reexamination of a person 32 who may be physically or mentally incapable of operating a 33 motor vehicle safely. 34 4. The department of transportation, the department of 35 -2- LSB 5206HV (2) 84 dea/nh 2/ 5

H.F. 2373 public safety, and the department of education shall cooperate 1 to establish educational programs to foster increased public 2 awareness of motor vehicle laws and safe driving behaviors 3 relating to school bus safety. 4 5. There is appropriated from the statutory allocations 5 fund to the department of transportation an amount sufficient 6 to fund the study required under this section and an amount 7 sufficient to fund the development and programming necessary to 8 make the request for departmental reexamination form available 9 through the Iowa traffic and criminal software. 10 Sec. 5. EFFECTIVE UPON ENACTMENT. The section of this Act 11 providing for a school bus safety study, the adoption of rules, 12 law enforcement requests for reexamination of a driver, and 13 educational programs and making an appropriation, being deemed 14 of immediate importance, takes effect upon enactment. 15 EXPLANATION 16 This bill contains provisions relating to school bus safety. 17 Under current law, when the driver of a vehicle meets a 18 school bus with flashing amber warning lights, the driver is 19 required to reduce the vehicle’s speed to not more than 20 20 miles per hour and, when the stop signal arm on the bus is 21 extended, bring the vehicle to a complete stop and remain 22 stopped until the stop arm is retracted. The driver of a 23 vehicle overtaking a school bus may not pass the school bus 24 when the bus’s red or amber warning lights are flashing. 25 When the bus’s stop signal arm is extended, the driver of 26 an overtaking vehicle must stop at least 15 feet from the 27 school bus and remain stopped until the stop arm is retracted 28 and the bus resumes motion. Currently, a violation of these 29 requirements is a simple misdemeanor punishable by a scheduled 30 fine of $200. Pursuant to Code section 321.372A, a citation 31 for such a violation can be issued to the owner of the vehicle 32 if the identity of the driver cannot be determined by the 33 investigating peace officer. 34 The bill increases the penalty for a first offense to a 35 -3- LSB 5206HV (2) 84 dea/nh 3/ 5

H.F. 2373 simple misdemeanor punishable by a fine of at least $250 but 1 not more than $675 or by imprisonment for not more than 30 2 days, or by both. 3 The bill provides that a second or subsequent violation is 4 punishable as a serious misdemeanor. A serious misdemeanor is 5 punishable by confinement for no more than one year and a fine 6 of at least $315 but not more than $1,875. 7 The bill adds failure to obey school bus warning lights and 8 stop arm signals to the list of violations for which additional 9 penalties may apply in cases involving serious injury or death. 10 A violation causing serious injury may subject the driver to 11 an additional fine of $500 or driver’s license suspension for 12 not more than 90 days, or both. A violation causing death may 13 subject the driver to an additional fine of $1,000 or driver’s 14 license suspension for not more than 180 days, or both. In 15 addition, the bill requires the department of transportation 16 to initiate rulemaking by July 1, 2012, to establish failure 17 to obey school bus warning lights and stop arm signals as a 18 serious violation. Driving offenses which are designated as 19 serious violations are grounds for suspension of a person’s 20 driver’s license. The bill authorizes the department to 21 provide by rule for an increasing tier of driver’s license 22 suspensions for repeated violations of school bus safety laws. 23 The bill requires the departments of transportation, 24 public safety, and education to jointly conduct a study 25 relating to school bus safety or to contract with an outside 26 vendor to conduct such a study. The study shall focus on the 27 effectiveness of cameras mounted on school buses and consider 28 the feasibility of requiring children to be picked up and 29 dropped off on the side of the road on which their home is 30 located, the inclusion of school bus safety in driver training 31 curriculum, and other appropriate matters. A report to the 32 general assembly regarding the departments’ findings and 33 recommendations is due by December 31, 2012. 34 The bill requires the department of transportation to 35 -4- LSB 5206HV (2) 84 dea/nh 4/ 5

H.F. 2373 provide local law enforcement with electronic access to the 1 form used to request reexamination of a driver who may be 2 physically or mentally incapable of operating a motor vehicle 3 safely. Access to the form shall be provided by December 31, 4 2012, through the Iowa traffic and criminal software, known as 5 TraCS. 6 The bill requires the departments of transportation, public 7 safety, and education to establish public awareness programs to 8 promote safe driving behaviors relating to school bus safety. 9 The bill makes an appropriation from the statutory 10 allocations fund to the department of transportation to provide 11 an amount sufficient to fund the study required under the 12 bill and to complete the programming necessary to make the 13 departmental reexamination form available through TraCS. 14 The provisions of the bill relating to a school bus safety 15 study, requiring the adoption of rules establishing failure 16 to obey school bus warning lights and stop arm signals as 17 a serious violation, facilitating law enforcement requests 18 for reexamination of a driver, establishing public awareness 19 education, and making an appropriation take effect upon 20 enactment of the bill. 21 -5- LSB 5206HV (2) 84 dea/nh 5/ 5