HF 599 (LSB 2011YH (3) 87)

HOUSE FILE 599

BY  MASCHER and KAUFMANN

A BILL FOR

An Act requiring certain new school buses to be equipped with seat belts, requiring the use of such seat belts, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.373, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  A new school bus ordered for purchase on or after July 1, 2017, that was manufactured on or after July 1, 2017, shall be equipped with safety belts and safety harnesses that conform with 49 C.F.R. §571.209-571.210 for every seating position.
    Sec. 2.  Section 321.445, subsection 2, paragraph b, subparagraph (4), Code 2017, is amended to read as follows:
   (4)  Passengers on a bus other than a school bus equipped with safety belts or safety harnesses pursuant to section 321.373, subsection 7A.
    Sec. 3.  Section 321.446, subsections 1 and 2, Code 2017, are amended to read as follows:
   1.  a.  A child under one year of age and weighing less than twenty pounds who is being transported in a motor vehicle subject to registration, except a school bus manufactured before July 1, 2017, or a motorcycle, shall be secured during transit in a rear-facing child restraint system that is used in accordance with the manufacturer’s instructions.
   b.  A child under six years of age who does not meet the description in paragraph “a” and who is being transported in a motor vehicle subject to registration, except a school bus manufactured before July 1, 2017, or a motorcycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer’s instructions.
   2.  A child at least six years of age but under eighteen years of age who is being transported in a motor vehicle subject to registration, except a school bus manufactured before July 1, 2017, or a motorcycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer’s instructions or by a safety belt or safety harness of a type approved under section 321.445.
    Sec. 4.  Section 321.446, subsection 3, paragraph b, Code 2017, is amended to read as follows:
   b.  The transportation of children in 1965 model year or older vehicles, authorized emergency vehicles, buses other than school buses equipped with safety belts or safety harnesses pursuant to section 321.373, subsection 7A, or motor homes or motorsports recreational vehicles, except when a child is transported in a motor home’s or motorsports recreational vehicle’s passenger seat situated directly to the driver’s right. 
    Sec. 5.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires that new school buses ordered for purchase on or after July 1, 2017, that were manufactured on or after July 1, 2017, be equipped with safety belts and safety harnesses for every seating position. The bill also requires the use of safety belts and safety harnesses by the driver and passengers on such school buses. Current requirements for the use of child restraint systems for children under 18 years of age also apply to school buses equipped with safety belts and safety harnesses under the bill.
   Under current law, a violation of seat belt requirements is a scheduled violation punishable by a fine of $50. A violation of seat belt or restraint requirements for persons under 18 years of age is a scheduled violation punishable by a fine of $100. Seat belt and restraint violations are not a factor in establishing grounds for license suspension or identifying a person as a habitual violator.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.