SF 2218 (LSB 5206SV (2) 84)

SENATE FILE 2218

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2021)

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 administrative remedies, 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 or by imprisonment for not more than thirty days, or by both.
   (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 —— RULEMAKING —— REQUESTS FOR REEXAMINATION OF A DRIVER —— EDUCATION PROGRAMS —— APPROPRIATION.
   1.  The department of transportation, the department of public safety, and the department of education shall jointly conduct a study relating to school bus safety, or may contract with an outside vendor to conduct such a study under the joint direction of the departments. 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 departments. The findings and recommendations shall be reported to the general assembly by December 31, 2012.
   2.  By July 1, 2012, the department of transportation shall initiate rulemaking to establish a violation of section 321.372, subsection 3, as a serious violation. The rules may provide for an increasing tier of driver’s license suspensions for conviction of a first, second, or subsequent violation. The specific direction provided under this subsection does not, by implication or otherwise, invalidate any prior rulemaking by the department designating certain violations as serious violations and does not preclude future rulemaking by the department to designate certain violations other than violations of section 321.372, subsection 3, as serious violations.
   3.  By December 31, 2012, the department of transportation shall make available to local law enforcement agencies, electronically through the Iowa traffic and criminal software, the form for requesting departmental reexamination of a person who may be physically or mentally incapable of operating a motor vehicle safely.
   4.  The department of transportation, the department of public safety, and the department of education shall cooperate to establish educational programs to foster increased public awareness of motor vehicle laws and safe driving behaviors relating to school bus safety.
   5.  There is appropriated from the statutory allocations fund to the department of transportation an amount sufficient to fund the study required under this section and an amount sufficient to fund the development and programming necessary to make the request for departmental reexamination form available through the Iowa traffic and criminal software.
    Sec. 5.  EFFECTIVE UPON ENACTMENT.  The section of this Act providing for a school bus safety study, the adoption of rules, law enforcement requests for reexamination of a driver, and educational programs and making an appropriation, 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 or by imprisonment for not more than 30 days, or by both.
   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. In addition, the bill requires the department of transportation to initiate rulemaking by July 1, 2012, to establish failure to obey school bus warning lights and stop arm signals as a serious violation. Driving offenses which are designated as serious violations are grounds for suspension of a person’s driver’s license. The bill authorizes the department to provide by rule for an increasing tier of driver’s license suspensions for repeated violations of school bus safety laws. 
   The bill requires the departments of transportation, public safety, and education to jointly conduct a study relating to school bus safety or to contract with an outside vendor to conduct such a study. The study shall focus on the effectiveness of cameras mounted on school buses and consider the feasibility of requiring 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 in driver training curriculum, and other appropriate matters. A report to the general assembly regarding the departments’ findings and recommendations is due by December 31, 2012.
   The bill requires the department of transportation to provide local law enforcement with electronic access to the form used to request reexamination of a driver who may be physically or mentally incapable of operating a motor vehicle safely. Access to the form shall be provided by December 31, 2012, through the Iowa traffic and criminal software, known as TraCS.
   The bill requires the departments of transportation, public safety, and education to establish public awareness programs to promote safe driving behaviors relating to school bus safety.
   The bill makes an appropriation from the statutory allocations fund to the department of transportation to provide an amount sufficient to fund the study required under the bill and to complete the programming necessary to make the departmental reexamination form available through TraCS.
   The provisions of the bill relating to a school bus safety study, requiring the adoption of rules establishing failure to obey school bus warning lights and stop arm signals as a serious violation, facilitating law enforcement requests for reexamination of a driver, establishing public awareness education, and making an appropriation take effect upon enactment of the bill.