HF 2265 (LSB 6046YH (4) 85)

HOUSE FILE 2265

BY  WOLFE

A BILL FOR

An Act relating to driver’s license sanctions imposed for a first violation of requirements for meeting or overtaking a school bus, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  SCHOOL BUS SAFETY VIOLATIONS —— DRIVER IMPROVEMENT PROGRAM OPTION FOR FIRST OFFENSE.  Notwithstanding 2012 Iowa Acts, chapter 1015, section 5, subsection 2, by July 1, 2014, the department of transportation shall initiate rulemaking by amending 761 IAC 615.43 to include a person who is convicted for a first violation of section 321.372, subsection 3, among the persons who may be required, in lieu of driver’s license suspension, to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department, subject to all other provisions of 761 IAC 615.43.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under Code section 321.372, subsection 3, the driver of a vehicle, when meeting a school bus with flashing amber lights, must reduce the vehicle’s speed, come to a complete stop when the school bus stops and the stop signal arm is extended, and remain stopped until the signal arm is retracted. A driver of a vehicle overtaking a school bus shall not pass the bus when red or amber warning lights are flashing. The driver must stop no closer than 15 feet from the school bus when the school bus is stopped with the stop signal arm extended and remain stopped until the signal arm is retracted and the school bus resumes motion. The penalty for a person convicted of a first violation is 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. A second or subsequent offense is a serious misdemeanor.
   Pursuant to 2012 Iowa Acts, chapter 1015, section 5, the department of transportation has established by administrative rule that a violation of requirements for meeting or overtaking a school bus by the driver of a motor vehicle is a serious violation of motor vehicle laws, subjecting the violator to an increasing tier of driver’s license suspensions for first, second, and subsequent offenses. Under current law, when a person’s driver’s license is suspended, that person is required to show and maintain proof of financial liability coverage with respect to all motor vehicles registered in the person’s name for two years.
   This bill directs the department of transportation to initiate rulemaking by July 1, 2014, to allow the department to require a person convicted of a first violation of requirements for meeting or overtaking a school bus to attend and successfully complete a driver improvement program in lieu of suspending the person’s driver’s license. The department currently may require completion of a driver improvement program as an alternative to license suspension for habitual violators, persons convicted of certain speeding violations, and persons who commit a moving violation during a probationary period following a license suspension or revocation. A person who completes the program must then complete a one-year probationary period without committing a moving violation. 
   The bill takes effect upon enactment.