Text: SF338            Text: SF340
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 je/sc/bs 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to 1 10 the safety and welfare of the traveling public, the department 1 11 of education shall order such vehicle to be withdrawn from 1 12 further use on a specified date.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. SF 339 (5) 85 je/sc/bs
Text: SF338            Text: SF340 Complete Bill History