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January 12, 2010

McDaniel introduces ‘Nathan’s Law’

School bus safety bill gains support at State Capital

Monday was an emotional day for Laurel residents Andy and Lori Lowe Key as the bill named in memory of their son came to fruition in the state’s capital.

State Sen. Chris McDaniel (R-Ellisville) introduced the legislation, named “Nathan’s Law,” during a special press conference Monday along with the Keys and Lt. Gov. Phil Bryant.

“Nathan’s Law” is named in memory of 5-year-old Nathan Key, who died in December when, upon exiting a school bus, he was hit by a car whose driver decided to go around the parked bus.

McDaniel said he introduced “Nathan’s Law” as a means to tighten school bus safety and penalize those who break the law.

“The bill has widespread support in the Senate and I look forward to introducing the bill either late this afternoon or tomorrow morning,” McDaniel said by phone Monday. “I anticipate it clearing the committee and receiving a full vote on the Senate floor.”

In a press release issued by the Lt. Governor’s Office, McDaniel said, “Nathan’s life was a dream of possibilities. His death represents the loss of some small part of our collective future, as well as the death of one of our most vulnerable and dependent. It is my hope that ‘Nathan’s Law’ makes a significant impact across the state by fostering a safer environment for Mississippi’s children. Something positive must come from this terrible tragedy.”

Lori Key, Nathan’s mother, added, “No other family should have to suffer from what we have experienced. For the sake and safety of other children, I pray the Mississippi legislature passes ‘Nathan’s Law’ to help prevent this type of event from ever happening again.”

In proposing the legislation, McDaniel said he wanted to ensure that harsher penalties would deter a similar event from occurring, but he noted that he also wants to include an educational component into the bill.

“Nathan’s Law” increases current fines for a driver passing a stopped school bus while children are present from $200 to $500 to mandatory sanctions of $500 to $5,000. The new law also includes the driver’s license being suspended for 30 days and up to a year in jail for the first offense.

According to the bill, a violation resulting in the death or injury of a child would be considered a felony and carry with it a prison sentence of up to five years and fines up to $5,000.

“The penalties must be more harsh and will actually graduate upwards on subsequent offenses,” McDaniel said. “You need a deterrent effect on any law that you pass, but we also have to educate the state’s population as to that law so they’ll know the severity of the penalties.”

Other requirements in the proposed law include:

• Creating a 30-foot buffer zone when a school bus is stopped with its stop sign extended and lights flashing

• Creating a graduated penalty framework, providing enhanced penalties for subsequent violations

• Prohibiting the use of a wireless communication device while operating a motor vehicle within a school crossing zone unless the vehicle is stopped or the wireless communication device is used with hands-free accessories

• Prohibiting school bus drivers from using wireless communication devices while driving

• Requesting the State Department of Education to develop and issue curriculum guidelines to school districts relating to the implementation of a school bus safety curriculum in grades kindergarten through 3

• Requiring that every written examination given to anyone applying for an operator’s license or temporary driving permit shall ensure adequate knowledge on the part of the applicant as to school bus safety requirements

• Encouraging the State of Mississippi to conduct a statewide marketing campaign to educate our citizens concerning the new law and the importance of school bus safety

• Authorizing school districts to mount cameras on school bus stop arms for the purpose of providing admissible evidence in a court of law concerning drivers who pass a stopped school bus

• Creating a School Bus Safety Task Force to study, research and develop new recommendations relating to school bus safety, including a detailed investigation into new school bus safety designs and technology related to safety and law enforcement

McDaniel again stated the support that “Nathan’s Law” carries with state officials, most notably Bryant.

In the release, Bryant said, “No parent should lose a child in a senseless tragedy like this. An outright disregard for a school child’s life should not go unpunished. ‘Nathan’s Law’ makes it an automatic felony for anyone convicted under this statute when an injury or death occurs. I want to send a loud and clear message that this type of behavior will not be tolerated in Mississippi.”

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