House File 599 - Introduced HOUSE FILE 599 BY MASCHER and KAUFMANN A BILL FOR An Act requiring certain new school buses to be equipped with 1 seat belts, requiring the use of such seat belts, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2011YH (3) 87 ns/nh
H.F. 599 Section 1. Section 321.373, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. A new school bus ordered for purchase 3 on or after July 1, 2017, that was manufactured on or after 4 July 1, 2017, shall be equipped with safety belts and safety 5 harnesses that conform with 49 C.F.R. §571.209-571.210 for 6 every seating position. 7 Sec. 2. Section 321.445, subsection 2, paragraph b, 8 subparagraph (4), Code 2017, is amended to read as follows: 9 (4) Passengers on a bus other than a school bus equipped 10 with safety belts or safety harnesses pursuant to section 11 321.373, subsection 7A . 12 Sec. 3. Section 321.446, subsections 1 and 2, Code 2017, are 13 amended to read as follows: 14 1. a. A child under one year of age and weighing less 15 than twenty pounds who is being transported in a motor vehicle 16 subject to registration, except a school bus manufactured 17 before July 1, 2017, or a motorcycle, shall be secured during 18 transit in a rear-facing child restraint system that is used in 19 accordance with the manufacturer’s instructions. 20 b. A child under six years of age who does not meet the 21 description in paragraph “a” and who is being transported in 22 a motor vehicle subject to registration, except a school bus 23 manufactured before July 1, 2017, or a motorcycle, shall be 24 secured during transit by a child restraint system that is used 25 in accordance with the manufacturer’s instructions. 26 2. A child at least six years of age but under eighteen 27 years of age who is being transported in a motor vehicle 28 subject to registration, except a school bus manufactured 29 before July 1, 2017, or a motorcycle, shall be secured during 30 transit by a child restraint system that is used in accordance 31 with the manufacturer’s instructions or by a safety belt or 32 safety harness of a type approved under section 321.445 . 33 Sec. 4. Section 321.446, subsection 3, paragraph b, Code 34 2017, is amended to read as follows: 35 -1- LSB 2011YH (3) 87 ns/nh 1/ 3
H.F. 599 b. The transportation of children in 1965 model year or 1 older vehicles, authorized emergency vehicles, buses other than 2 school buses equipped with safety belts or safety harnesses 3 pursuant to section 321.373, subsection 7A , or motor homes 4 or motorsports recreational vehicles, except when a child is 5 transported in a motor home’s or motorsports recreational 6 vehicle’s passenger seat situated directly to the driver’s 7 right. 8 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 3, shall not apply to this Act. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill requires that new school buses ordered for 14 purchase on or after July 1, 2017, that were manufactured on or 15 after July 1, 2017, be equipped with safety belts and safety 16 harnesses for every seating position. The bill also requires 17 the use of safety belts and safety harnesses by the driver and 18 passengers on such school buses. Current requirements for the 19 use of child restraint systems for children under 18 years of 20 age also apply to school buses equipped with safety belts and 21 safety harnesses under the bill. 22 Under current law, a violation of seat belt requirements is 23 a scheduled violation punishable by a fine of $50. A violation 24 of seat belt or restraint requirements for persons under 18 25 years of age is a scheduled violation punishable by a fine of 26 $100. Seat belt and restraint violations are not a factor in 27 establishing grounds for license suspension or identifying a 28 person as a habitual violator. 29 The bill may include a state mandate as defined in Code 30 section 25B.3. The bill makes inapplicable Code section 25B.2, 31 subsection 3, which would relieve a political subdivision from 32 complying with a state mandate if funding for the cost of 33 the state mandate is not provided or specified. Therefore, 34 political subdivisions are required to comply with any state 35 -2- LSB 2011YH (3) 87 ns/nh 2/ 3
H.F. 599 mandate included in the bill. 1 -3- LSB 2011YH (3) 87 ns/nh 3/ 3