Senate File 339 H-8003 Amend Senate File 339, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 285.8, subsection 4, Code 2014, 5 is amended to read as follows: 6 4. a. Inspect or cause to be inspected all 7 vehicles used as school buses to transport school 8 children and all vehicles otherwise used to transport 9 children to determine if such vehicles meet all legal 10 and established standards of construction and can be 11 operated with safety, comfort, and economy. When it 12 is determined that further use of such vehicles is 13 dangerous to the pupils children transported and or to 14 the safety and welfare of the traveling public, the 15 department of education shall order such vehicle to be 16 withdrawn from further use on a specified date . School 17 Vehicles used as school buses and vehicles otherwise 18 used to transport children which do not conform to the 19 requirements of the department of education may be 20 issued a temporary certificate of operation provided 21 that such school buses vehicles can be operated with 22 safety, and provided further that no such certificate 23 shall not be issued for a period in excess of one year 24 thirty days . All equipment can be required to be 25 altered, or safety equipment added , in order to make 26 vehicles reasonably safe for operation. A vehicle 27 which does not pass an inspection shall be subject to a 28 subsequent inspection by the department of education 29 in accordance with section 321.374, subsection 2. 30 New buses and vehicles otherwise used to transport 31 children, after initial inspection and approval , shall 32 be issued a seal of inspection. After each a vehicle 33 passes its annual inspection a seal of inspection 34 and approval shall be issued. Said The seals shall 35 be mounted on the lower right hand corner of the 36 windshield. 37 b. The state board of education shall adopt rules 38 for required, uniform inspections of vehicles otherwise 39 used to transport children. Such rules shall allow 40 for inspections to be conducted by qualified private 41 automobile mechanics or the department of education. 42 Such rules shall provide that subsequent inspections 43 shall be conducted only by the department of education. 44 c. For purposes of this subsection, “vehicle 45 otherwise used to transport children” means the same as 46 defined in section 321.1, subsection 91A. 47 Sec. 2. Section 285.8, subsection 9, Code 2014, is 48 amended to read as follows: 49 9. Establish a fee for conducting school bus 50 -1- SF339.2411 (4) 85 je/sc 1/ 4 #1.

vehicle inspections and subsequent inspections in 1 accordance with subsection 4 and issuing school bus 2 driver authorizations in accordance with section 3 321.376 , which shall not exceed the budgeted cost 4 for conducting inspections and administering 5 authorizations. 6 Sec. 3. Section 321.1, Code 2014, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION . 91A. “Vehicle otherwise used 9 to transport children” means every vehicle operated 10 for the transportation of children, except for the 11 following: 12 a. School buses. 13 b. Vehicles used to transport ten or fewer children 14 in case of an emergency. 15 c. Vehicles used exclusively to transport children 16 in the immediate family of the driver. 17 d. Vehicles used to provide transportation service 18 available to the general public, whether or not for 19 compensation. 20 e. Authorized emergency vehicles. 21 f. Privately owned vehicles used to transport 22 children to or from before and after school programs, 23 summer programs, and child care programs if such 24 programs are not operated by a school district. 25 Sec. 4. Section 321.373, subsection 1, Code 2014, 26 is amended to read as follows: 27 1. Every school bus except private passenger 28 vehicles used as school buses and every vehicle 29 otherwise used to transport children shall be 30 constructed and equipped to meet safety standards 31 prescribed in rules adopted by the state board 32 of education. Such rules shall conform to safety 33 standards set forth in federal laws and regulations and 34 shall conform, insofar as practicable, to the minimum 35 standards for school buses recommended by the national 36 conference on school transportation administered by the 37 national commission on safety education and published 38 by the national education association. 39 Sec. 5. Section 321.374, Code 2014, is amended to 40 read as follows: 41 321.374 Inspection —— seal of approval. 42 1. No A vehicle shall not be put into service 43 as a school bus or as a vehicle otherwise used to 44 transport children until it is given an original 45 inspection to determine if it meets all legal and 46 established uniform standards of construction for the 47 protection of the health and safety of children to 48 be transported. Vehicles which are approved shall 49 be issued a seal of approval by the director of the 50 -2- SF339.2411 (4) 85 je/sc 2/ 4

department of education. All vehicles used as school 1 buses or vehicles otherwise used to transport children 2 shall be given a safety inspection at least once a 3 year. Buses Vehicles passing the inspection shall be 4 issued an inspection seal of approval by the director 5 of the department of education. The seal of original 6 inspection and the annual seal of inspection shall 7 be affixed to the lower right hand corner of the 8 windshield. 9 2. A vehicle used as a school bus or vehicle 10 otherwise used to transport children that does not 11 pass an inspection and receives an out-of-service 12 violation in such inspection shall be subject to a 13 subsequent inspection by the department of education 14 within no more than thirty days. A vehicle that 15 does not pass a subsequent inspection and receives an 16 out-of-service violation in such inspection shall be 17 removed from service until such time as the vehicle 18 passes an inspection. The state board of education 19 shall establish by rule a procedure for returning 20 such vehicles to service. The board shall define 21 out-of-service violations by rule. Such definitions 22 shall include any deficiency under which operation of 23 a vehicle would create an immediate risk to the safety 24 of the driver, passengers, or the general public. The 25 department of education shall include in its vehicle 26 maintenance and inspection manual procedures for 27 inspections of vehicles otherwise used to transport 28 children, the procedure for returning vehicles 29 to service, and the definitions of out-of-service 30 violations. 31 Sec. 6. Section 321.379, Code 2014, is amended to 32 read as follows: 33 321.379 Violations. 34 1. A school board, individual, or organization 35 shall not purchase, construct, or contract for use, to 36 transport pupils to or from school children , any school 37 bus or vehicle otherwise used to transport children 38 which does not comply with the minimum requirements of 39 section 321.373 and any individual, or any member or 40 officer of such board or organization who authorizes, 41 the purchase, construction, or contract for any 42 such bus vehicle not complying with these minimum 43 requirements commits a simple misdemeanor. 44 2. An individual who knowingly falsifies an 45 inspection record for a school bus or vehicle otherwise 46 used to transport children that is subject to an 47 out-of-service violation as defined by the state board 48 of education commits a simple misdemeanor. 49 Sec. 7. Section 331.653, subsection 32, Code 2014, 50 -3- SF339.2411 (4) 85 je/sc 3/ 4

is amended to read as follows: 1 32. Enforce sections 321.372 to 321.379 relating to 2 school buses and vehicles otherwise used to transport 3 children . 4 Sec. 8. STATE MANDATE FUNDING SPECIFIED. In 5 accordance with section 25B.2, subsection 3, the state 6 cost of requiring compliance with any state mandate 7 included in this Act shall be paid by a school district 8 from state school foundation aid received by the school 9 district under section 257.16. This specification 10 of the payment of the state cost shall be deemed to 11 meet all of the state funding-related requirements of 12 section 25B.2, subsection 3, and no additional state 13 funding shall be necessary for the full implementation 14 of this Act by and enforcement of this Act against all 15 affected school districts. > 16 ______________________________ COMMITTEE ON EDUCATION JORGENSEN of Woodbury, Chairperson -4- SF339.2411 (4) 85 je/sc 4/ 4