Bill Text: IA HF460 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to penalties for drivers of motor vehicles who pass, or fail to reduce speed or stop for, school buses, and including effective date provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-20 - Introduced, referred to Transportation. H.J. 320. [HF460 Detail]

Download: Iowa-2019-HF460-Introduced.html
House File 460 - Introduced HOUSE FILE 460 BY RUNNING-MARQUARDT (COMPANION TO SF 222 BY MATHIS) A BILL FOR An Act relating to penalties for drivers of motor vehicles who 1 pass, or fail to reduce speed or stop for, school buses, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1759YH (5) 88 ns/rh
H.F. 460 Section 1. Section 321.372, subsection 5, paragraph b, 1 subparagraph (1), Code 2019, is amended to read as follows: 2 (1) For a first offense under subsection 3 , the person 3 is guilty of a simple misdemeanor punishable by a fine of at 4 least two hundred fifty dollars but not more than six hundred 5 seventy-five dollars or by imprisonment for not more than 6 thirty days, or by both . The department shall require the 7 person to attend and successfully complete, at the person’s 8 own expense, a driver improvement program approved by the 9 department in lieu of driver’s license suspension for the 10 offense pursuant to section 321.210. 11 Sec. 2. DRIVER IMPROVEMENT PROGRAM FOR A FIRST SCHOOL 12 BUS SAFETY OFFENSE. Notwithstanding 2012 Iowa Acts, chapter 13 1015, section 5, subsection 2, by July 1, 2019, the department 14 of transportation shall initiate rulemaking to amend 761 IAC 15 615.43 to require a person who is convicted of a first offense 16 of section 321.372, subsection 3, to attend and successfully 17 complete, at the person’s own expense, a driver improvement 18 program approved by the department in lieu of driver’s license 19 suspension, subject to all other provisions of 761 IAC 615.43. 20 Sec. 3. EFFECTIVE DATE. The following, being deemed of 21 immediate importance, takes effect upon enactment: 22 The section of this Act requiring the department of 23 transportation to initiate rulemaking. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 Under current law, the driver of a vehicle, when meeting a 28 school bus with flashing amber warning lamps, is required to 29 reduce the vehicle’s speed to not more than 20 miles per hour, 30 and to bring the vehicle to a complete stop when the school 31 bus stops and the stop signal arm is extended. The vehicle 32 must remain stopped until the stop signal arm is retracted, 33 after which time the driver may proceed with due caution. The 34 driver of a vehicle overtaking a school bus is prohibited from 35 -1- LSB 1759YH (5) 88 ns/rh 1/ 2
H.F. 460 passing a school bus when red or amber warning signal lights 1 are flashing. The driver is required to bring the vehicle to a 2 complete stop no closer than 15 feet from the school bus when 3 it is stopped and the stop arm is extended, and the vehicle is 4 required to remain stopped until the stop arm is retracted and 5 the school bus resumes motion. 6 A first offense of these provisions is a simple misdemeanor 7 punishable by a fine of at least $250 but not more than $675 or 8 by imprisonment for not more than 30 days, or both. A second 9 or subsequent offense is a serious misdemeanor punishable by 10 confinement for no more than one year and a fine of at least 11 $315 but not more than $1,875. Under Code section 321.482A, a 12 violation causing serious injury is punishable by an additional 13 fine of $500 or suspension of the violator’s driver’s license 14 for not more than 90 days, or both, and a violation causing 15 death is punishable by an additional fine of $1,000 or 16 suspension of the violator’s driver’s license for not more than 17 180 days, or both. 18 In 2012, the general assembly required the department of 19 transportation (DOT) to, by administrative rule, classify an 20 offense under these provisions as a serious violation. Serious 21 violations are subject to driver’s license suspension under 22 Code section 321.210. 23 This bill strikes the term of imprisonment for a first 24 offense. The bill specifies that the DOT must require the 25 person to attend and successfully complete, at the person’s own 26 expense, a driver improvement program approved by the DOT in 27 lieu of driver’s license suspension under Code section 321.210. 28 The bill provides that the DOT must initiate rulemaking to 29 require persons convicted of a first school bus safety offense 30 to participate in a driver improvement program in lieu of 31 driver’s license suspension. This provision of the bill takes 32 effect upon enactment. 33 -2- LSB 1759YH (5) 88 ns/rh 2/ 2
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