SENATE FILE 2021

BY  RAGAN and BARTZ

A BILL FOR

An Act relating to school bus safety, including providing penalties for failure to obey school bus warning lamps and stop signal arms, providing for a school bus safety study, and making an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.372, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.
  a.  The driver of a school bus who commits a violation of subsection 1 or 2 is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 10.
   b.  A person convicted of a violation of subsection 3 is subject to the following:
   (1)  For a first offense under subsection 3, the person is guilty of a simple misdemeanor punishable by a fine of at least two hundred fifty dollars but not more than six hundred seventy-five dollars.
   (2)  For a second or subsequent offense under subsection 3, the person is guilty of a serious misdemeanor. 
    Sec. 2.  Section 321.482A, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Notwithstanding section 321.482, a person who is convicted of operating a motor vehicle in violation of section 321.178, subsection 2, paragraph “a”, subparagraph (2), section 321.180B, subsection 6, section 321.194, subsection 1, paragraph “c”, section 321.256, section 321.257, section 321.275, subsection 4, section 321.276, 321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305, 321.306, 321.307, 321.308, section 321.309, subsection 2, or section 321.311, 321.319, 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324, 321.324A, 321.327, 321.329, or 321.333, or 321.372, subsection 3, causing serious injury to or the death of another person may be subject to the following penalties in addition to the penalty provided for a scheduled violation in section 805.8A or any other penalty provided by law:
    Sec. 3.  Section 805.8A, subsection 10, paragraph b, Code Supplement 2011, is amended by striking the paragraph.
    Sec. 4.  SCHOOL BUS SAFETY STUDY —— APPROPRIATION.
   1.  The department of transportation shall conduct a study relating to school bus safety, or may contract with an outside vendor to conduct such a study under the direction of the department. The study shall focus on the use of cameras mounted on school buses to enhance the safety of children riding the buses and to aid in enforcement of motor vehicle laws pertaining to school bus safety. The study shall also consider the feasibility of requiring school children to be picked up and dropped off on the side of the road on which their home is located, the inclusion of school bus safety as a priority in driver training curriculum, and any other issues deemed appropriate by the department. The department shall report its findings and recommendations to the general assembly on or before December 31, 2012.
   2.  There is appropriated from the statutory allocations fund to the department of transportation an amount sufficient to fund the study required under this section.
    Sec. 5.  EFFECTIVE UPON ENACTMENT.  The section of this Act providing for a school bus safety study, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill contains provisions relating to school bus safety.
   Under current law, when the driver of a vehicle meets a school bus with flashing amber warning lights, the driver is required to reduce the vehicle’s speed to not more than 20 miles per hour and, when the stop signal arm on the bus is extended, bring the vehicle to a complete stop and remain stopped until the stop arm is retracted. The driver of a vehicle overtaking a school bus may not pass the school bus when the bus’s red or amber warning lights are flashing. When the bus’s stop signal arm is extended, the driver of an overtaking vehicle must stop at least 15 feet from the school bus and remain stopped until the stop arm is retracted and the bus resumes motion. Currently, a violation of these requirements is a simple misdemeanor, punishable by a scheduled fine of $200. Pursuant to Code section 321.372A, a citation for such a violation can be issued to the owner of the vehicle if the identity of the driver cannot be determined by the investigating peace officer.
   The bill increases the penalty for a first offense to a simple misdemeanor punishable by a fine of at least $250 but not more than $675. In addition, a person convicted of a simple misdemeanor may be subject to confinement for no more than 30 days.
   The bill provides that a second or subsequent violation is punishable as a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   The bill adds failure to obey school bus warning lights and stop arm signals to the list of violations for which additional penalties may apply in cases involving serious injury or death. A violation causing serious injury may subject the driver to an additional fine of $500 or driver’s license suspension for not more than 90 days, or both. A violation causing death may subject the driver to an additional fine of $1,000 or driver’s license suspension for not more than 180 days, or both.
   The bill requires the department of transportation to conduct, or contract for, a study relating to school bus safety, focusing on the effectiveness of cameras mounted on school buses. A report to the general assembly regarding the department’s findings and recommendations is due by December 31, 2012. The bill contains an appropriation from the statutory allocations fund to pay the costs of conducting the study. These provisions relating to the school bus safety study are effective upon enactment of the bill.