Complete Bill History



Senate File 339      



                                    SENATE FILE       
                                    BY  COMMITTEE ON EDUCATION

                                    (SUCCESSOR TO SSB
                                        1205)
          (As Amended and Passed by the Senate March 13, 2013)

                                         A BILL FOR

     1 An Act relating to inspections of school buses and certain
     2    other vehicles used to transport children and making
     3    penalties applicable.
     4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
       SF 339 (5) 85
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PAG LIN



  1  1    Section 1.  Section 285.8, subsection 4, Code 2013, is
  1  2 amended to read as follows:
  1  3    4.  a.  Inspect or cause to be inspected all vehicles used
  1  4 as school buses to transport school children and all vehicles
  1  5 otherwise regularly used to transport children to determine
  1  6 if such vehicles meet all legal and established standards
  1  7 of construction and can be operated with safety, comfort,
  1  8 and economy. When it is determined that further use of such
  1  9 vehicles is dangerous to the pupils children transported and to
  1 10 the safety and welfare of the traveling public, the department
  1 11 of education shall order such vehicle to be withdrawn from
  1 12 further use on a specified date. School buses and vehicles
  1 13 otherwise regularly used to transport children which do not
  1 14 conform to the requirements of the department of education may
  1 15 be issued a temporary certificate of operation provided that
  1 16 such school buses vehicles can be operated with safety, and
  1 17 provided further that no such certificate shall be issued for a
  1 18 period in excess of one year thirty days. All equipment can be
  1 19 required to be altered, or safety equipment added, in order to
  1 20 make vehicles reasonably safe for operation.  A vehicle which
  1 21 does not pass an inspection shall be subject to a subsequent
  1 22 inspection within not more than thirty days. A vehicle which
  1 23 does not pass a subsequent inspection shall be removed from
  1 24 service until such time as the vehicle passes an inspection.
  1 25  New buses and vehicles otherwise regularly used to transport
  1 26 children, after initial inspection and approval, shall be
  1 27 issued a seal of inspection. After each annual inspection a
  1 28 seal of inspection and approval shall be issued. Said The
  1 29  seals shall be mounted on the lower right hand corner of the
  1 30 windshield.
  1 31    b.  The state board of education shall adopt rules for
  1 32 required, uniform inspections of vehicles otherwise regularly
  1 33 used to transport children. Such rules shall allow for
  1 34 inspections to be conducted by qualified private automobile
  1 35 mechanics or the department of education.
  2  1    c.  For purposes of this subsection, "vehicle otherwise
  2  2 regularly used to transport children" means the same as defined
  2  3 in section 321.1, subsection 91A.
  2  4    Sec. 2.  Section 321.1, Code 2013, is amended by adding the
  2  5 following new subsection:
  2  6    NEW SUBSECTION.  91A.  "Vehicle otherwise regularly used
  2  7 to transport children" means every vehicle operated for the
  2  8 transportation of children, except for the following:
  2  9    a.  School buses.
  2 10    b.  Vehicles privately owned and not operated for
  2 11 compensation.
  2 12    c.  Vehicles used exclusively to transport children in the
  2 13 immediate family of the driver.
  2 14    d.  Vehicles used to provide transportation service available
  2 15 to the general public, whether or not for compensation.
  2 16    e.  Authorized emergency vehicles.
  2 17    f.  Vehicles incidentally used to transport children.
  2 18    Sec. 3.  Section 321.373, subsection 1, Code 2013, is amended
  2 19 to read as follows:
  2 20    1.  Every school bus except private passenger vehicles
  2 21 used as school buses and every vehicle otherwise regularly
  2 22 used to transport children shall be constructed and equipped
  2 23 to meet safety standards prescribed in rules adopted by the
  2 24 state board of education. Such rules shall conform to safety
  2 25 standards set forth in federal laws and regulations and shall
  2 26 conform, insofar as practicable, to the minimum standards
  2 27 for school buses recommended by the national conference on
  2 28 school transportation administered by the national commission
  2 29 on safety education and published by the national education
  2 30 association.
  2 31    Sec. 4.  Section 321.374, Code 2013, is amended to read as
  2 32 follows:
  2 33    321.374  Inspection ==== seal of approval.
  2 34    No A vehicle shall not be put into service as a school
  2 35 bus or as a vehicle otherwise regularly used to transport
  3  1 children until it is given an original inspection to determine
  3  2 if it meets all legal and established uniform standards of
  3  3 construction for the protection of the health and safety of
  3  4 children to be transported. Vehicles which are approved shall
  3  5 be issued a seal of approval by the director of the department
  3  6 of education. All vehicles used as school buses or vehicles
  3  7 otherwise regularly used to transport children shall be given a
  3  8 safety inspection at least once a year. Buses Vehicles passing
  3  9 the inspection shall be issued an inspection seal of approval
  3 10 by the director of the department of education. The seal of
  3 11 original inspection and the annual seal of inspection shall be
  3 12 affixed to the lower right hand corner of the windshield.  A
  3 13 vehicle which does not pass the inspection shall be subject to
  3 14 a subsequent inspection within not more than thirty days. A
  3 15 vehicle which does not pass a subsequent inspection shall be
  3 16 removed from service until such time as the vehicle passes an
  3 17 inspection.
  3 18    Sec. 5.  Section 321.379, Code 2013, is amended to read as
  3 19 follows:
  3 20    321.379  Violations.
  3 21    A school board, individual, or organization shall not
  3 22 purchase, construct, or contract for use, to transport pupils
  3 23 to or from school children, any school bus or vehicle otherwise
  3 24 regularly used to transport children which does not comply with
  3 25 the minimum requirements of section 321.373 and any individual,
  3 26 or any member or officer of such board or organization who
  3 27 authorizes, the purchase, construction, or contract for any
  3 28 such bus vehicle not complying with these minimum requirements
  3 29 commits a simple misdemeanor.
  3 30    Sec. 6.  Section 331.653, subsection 32, Code 2013, is
  3 31 amended to read as follows:
  3 32    32.  Enforce sections 321.372 to 321.379 relating to school
  3 33 buses and vehicles otherwise regularly used to transport
  3 34 children.
  3 35    Sec. 7.  STATE MANDATE FUNDING SPECIFIED.  In accordance
  4  1 with section 25B.2, subsection 3, the state cost of requiring
  4  2 compliance with any state mandate included in this Act shall
  4  3 be paid by a school district from state school foundation aid
  4  4 received by the school district under section 257.16.  This
  4  5 specification of the payment of the state cost shall be deemed
  4  6 to meet all of the state funding=related requirements of
  4  7 section 25B.2, subsection 3, and no additional state funding
  4  8 shall be necessary for the full implementation of this Act
  4  9 by and enforcement of this Act against all affected school
  4 10 districts.
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