Senate
File
2008
-
Introduced
SENATE
FILE
2008
BY
SODDERS
A
BILL
FOR
An
Act
relating
to
the
issuance
of
a
citation
to
a
parent
or
1
guardian
for
failure
to
use
child
restraint
devices
in
a
2
motor
vehicle,
and
making
a
penalty
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5387SS
(3)
85
dea/nh
S.F.
2008
Section
1.
Section
321.446,
subsection
4,
Code
2014,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0c.
If
a
child
under
fourteen
years
of
age,
3
or
a
child
fourteen
years
of
age
or
older
who
is
unable
to
4
fasten
a
seatbelt
due
to
a
temporary
or
permanent
disability,
5
is
transported
in
a
manner
that
is
not
in
compliance
with
6
subsection
1
or
2,
a
parent
or
legal
guardian
traveling
in
7
the
vehicle
with
the
child
may
be
served
with
a
citation
for
8
a
violation
of
this
section
in
lieu
of
or
in
addition
to
the
9
operator.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
provides
that
the
parent
or
legal
guardian
of
14
a
child
may
be
charged
with
a
violation
of
child
restraint
15
requirements
if
the
parent
or
guardian
is
a
passenger
in
16
the
same
vehicle
as
the
child
and
the
child
is
not
properly
17
restrained.
A
citation
may
be
issued
to
the
parent
or
guardian
18
whether
or
not
the
driver
is
also
cited.
The
bill
applies
if
19
the
child
is
under
14
years
of
age
or
if
the
child
is
14
years
20
of
age
or
older
and
is
unable
to
fasten
a
seatbelt
due
to
a
21
temporary
or
permanent
disability.
22
Under
current
law,
when
child
restraint
requirements
23
are
violated,
a
citation
may
be
issued
to
the
driver
of
the
24
vehicle,
or,
if
the
child
is
14
years
of
age
or
older
and
25
able
to
fasten
a
seatbelt,
a
citation
may
be
issued
to
either
26
the
child
or
the
driver,
or
both.
If
the
child
is
being
27
transported
in
a
taxicab,
a
citation
is
issued
to
the
parent,
28
guardian,
or
other
responsible
adult
traveling
with
the
child,
29
or
to
the
child
if
the
child
is
14
years
of
age
or
older
and
30
able
to
fasten
a
seatbelt,
rather
than
to
the
taxicab
operator.
31
A
violation
of
child
restrain
requirements
is
a
simple
32
misdemeanor
punishable
by
a
scheduled
fine
of
$100.
However,
a
33
violation
of
child
restraint
requirements
may
not
be
considered
34
by
the
department
of
transportation
for
purposes
of
driver’s
35
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2008
license
suspension
or
determining
habitual
violator
status.
1
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