Bill Text: IA SF2218 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: 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. (Formerly SF 2021.) Effective 3-16-12.
Spectrum: Committee Bill
Status: (Passed) 2012-03-16 - Signed by Governor. S.J. 605. [SF2218 Detail]
Download: Iowa-2011-SF2218-Enrolled.html
Senate
File
2218
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
unnumbered
paragraph
before
subsection
1:
NEW
UNNUMBERED
PARAGRAPH
.
This
section
shall
be
known
and
may
be
cited
as
the
“Keep
Aware
Driving
——
Youth
Need
School
Safety
Act”
.
Sec.
2.
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.
3.
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,
Senate
File
2218,
p.
2
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.
4.
Section
805.8A,
subsection
10,
paragraph
b,
Code
Supplement
2011,
is
amended
by
striking
the
paragraph.
Sec.
5.
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
Senate
File
2218,
p.
3
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.
6.
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.
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2218,
Eighty-fourth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor