House
File
136
-
Introduced
HOUSE
FILE
136
BY
BERGAN
A
BILL
FOR
An
Act
relating
to
passenger
automobiles
designed
to
carry
ten
1
or
fewer
pupils
when
used
as
school
buses.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1775YH
(3)
88
ns/rh
H.F.
136
Section
1.
Section
321.1,
subsection
69,
paragraph
d,
Code
1
2019,
is
amended
to
read
as
follows:
2
d.
Designed
to
carry
not
more
than
nine
ten
persons
as
3
passengers,
not
including
the
driver,
either
school
owned
4
or
privately
owned,
which
are
used
to
transport
pupils
to
5
activity
events
in
which
the
pupils
are
participants
or
used
6
to
transport
pupils
to
their
homes
in
case
of
illness
or
7
other
emergency
situations.
The
vehicles
operated
under
the
8
provisions
of
this
paragraph
shall
be
operated
by
employees
of
9
the
school
district
who
are
specifically
approved
by
the
local
10
superintendent
of
schools
for
the
assignment.
11
Sec.
2.
Section
321.373,
subsection
3,
Code
2019,
is
amended
12
to
read
as
follows:
13
3.
The
rules
prescribed
for
school
buses
shall
include
14
special
rules
for
passenger
automobiles,
and
other
vehicles
15
designed
to
carry
eight
ten
or
fewer
pupils,
when
used
as
16
school
buses.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
CURRENT
IOWA
LAW.
Under
current
law,
motor
vehicles
21
designed
to
carry
not
more
than
nine
persons
as
passengers,
22
either
school
owned
or
privately
owned,
are
excluded
from
the
23
definition
of
“school
bus”
under
Code
section
321.1,
thereby
24
excluding
such
vehicles
from
the
duties
and
requirements
25
relating
to
school
buses
set
forth
in
Code
chapter
321
26
(motor
vehicles
and
law
of
the
road).
To
qualify
under
the
27
exclusion,
a
vehicle
must
be
used
to
transport
pupils
to
28
activity
events
in
which
the
pupils
are
participants
or
used
29
to
transport
pupils
to
their
homes
in
case
of
illness
or
other
30
emergency
situations,
and
must
be
operated
by
an
employee
of
31
the
school
district
who
is
specifically
approved
by
the
local
32
superintendent
of
schools
for
the
assignment.
33
Administrative
rules
of
the
department
of
education
regulate
34
type
III
vehicles
used
as
school
buses.
Under
281
IAC
44.2(5),
35
-1-
LSB
1775YH
(3)
88
ns/rh
1/
2
H.F.
136
type
III
vehicles
are
not
regular
school
buses
but
are
used
1
to
transport
students
in
a
school-related
context
and
may
2
be
marked
as
a
school
bus.
A
type
III
vehicle
is
a
van
or
3
passenger
car,
including
a
minivan,
sport
utility
vehicle,
or
4
station
wagon.
The
difference
between
a
family
automobile
and
5
an
equivalent
type
III
vehicle
is
not
the
vehicle
itself,
but
6
rather
its
use,
as
type
III
vehicles
are
used
by
schools
for
7
purposes
of
student
transportation.
To
qualify
as
a
type
III
8
vehicle,
the
vehicle
must
carry
a
maximum
of
nine
or
fewer
9
people,
including
the
driver,
and
weigh
10,000
pounds
or
less.
10
CURRENT
FEDERAL
LAW.
School
buses
are
subject
to
a
variety
11
of
federal
motor
vehicle
safety
standards.
Under
federal
law,
12
a
school
bus
is
a
passenger
motor
vehicle
designed
to
carry
a
13
driver
and
more
than
10
passengers
that
is
used
significantly
14
to
transport
students
to
or
from
school
or
an
event
related
to
15
school.
16
TRANSPORTATION
OF
10
OR
FEWER
PUPILS.
This
bill
excludes
17
from
the
definition
of
“school
bus”
under
Code
section
321.1
18
motor
vehicles
designed
to
carry
not
more
than
10
persons
as
19
passengers,
not
including
the
driver.
The
bill
requires
the
20
administrative
rules
to
allow
passenger
automobiles
designed
to
21
carry
10
or
fewer
pupils
to
be
used
as
school
buses.
22
-2-
LSB
1775YH
(3)
88
ns/rh
2/
2