H-8003

   Amend Senate File 339, as amended, passed, and reprinted by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 285.8, subsection 4, Code 2014, is amended to read as follows:
   4.  a.  Inspect or cause to be inspected all vehicles used as school buses to transport school children and all vehicles otherwise used to transport children to determine if such vehicles meet all legal and established standards of construction and can be operated with safety, comfort, and economy. When it is determined that further use of such vehicles is dangerous to the pupils children transported and or to the safety and welfare of the traveling public, the department of education shall order such vehicle to be withdrawn from further use on a specified date. School Vehicles used as school buses and vehicles otherwise used to transport children which do not conform to the requirements of the department of education may be issued a temporary certificate of operation provided that such school buses vehicles can be operated with safety, and provided further that no such certificate shall not be issued for a period in excess of one year thirty days. All equipment can be required to be altered, or safety equipment added, in order to make vehicles reasonably safe for operation.  A vehicle which does not pass an inspection shall be subject to a subsequent inspection by the department of education in accordance with section 321.374, subsection 2. New buses and vehicles otherwise used to transport children, after initial inspection and approval, shall be issued a seal of inspection. After each a vehicle passes its annual inspection a seal of inspection and approval shall be issued. Said The seals shall be mounted on the lower right hand corner of the windshield.
   b.  The state board of education shall adopt rules for required, uniform inspections of vehicles otherwise used to transport children. Such rules shall allow for inspections to be conducted by qualified private automobile mechanics or the department of education. Such rules shall provide that subsequent inspections shall be conducted only by the department of education.
   c.  For purposes of this subsection, “vehicle otherwise used to transport children” means the same as defined in section 321.1, subsection 91A.
   Sec. 2.  Section 285.8, subsection 9, Code 2014, is amended to read as follows:
   9.  Establish a fee for conducting school bus vehicle inspections and subsequent inspections in accordance with subsection 4 and issuing school bus driver authorizations in accordance with section 321.376, which shall not exceed the budgeted cost for conducting inspections and administering authorizations.
   Sec. 3.  Section 321.1, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  91A.  “Vehicle otherwise used to transport children” means every vehicle operated for the transportation of children, except for the following:
   a.  School buses.
   b.  Vehicles used to transport ten or fewer children in case of an emergency.
   c.  Vehicles used exclusively to transport children in the immediate family of the driver.
   d.  Vehicles used to provide transportation service available to the general public, whether or not for compensation.
   e.  Authorized emergency vehicles.
   f.  Privately owned vehicles used to transport children to or from before and after school programs, summer programs, and child care programs if such programs are not operated by a school district.
   Sec. 4.  Section 321.373, subsection 1, Code 2014, is amended to read as follows:
   1.  Every school bus except private passenger vehicles used as school buses and every vehicle otherwise used to transport children shall be constructed and equipped to meet safety standards prescribed in rules adopted by the state board of education. Such rules shall conform to safety standards set forth in federal laws and regulations and shall conform, insofar as practicable, to the minimum standards for school buses recommended by the national conference on school transportation administered by the national commission on safety education and published by the national education association.
   Sec. 5.  Section 321.374, Code 2014, is amended to read as follows:
   321.374  Inspection —— seal of approval.

   1. No A vehicle shall not be put into service as a school bus or as a vehicle otherwise used to transport children until it is given an original inspection to determine if it meets all legal and established uniform standards of construction for the protection of the health and safety of children to be transported. Vehicles which are approved shall be issued a seal of approval by the director of the department of education. All vehicles used as school buses or vehicles otherwise used to transport children shall be given a safety inspection at least once a year. Buses Vehicles passing the inspection shall be issued an inspection seal of approval by the director of the department of education. The seal of original inspection and the annual seal of inspection shall be affixed to the lower right hand corner of the windshield.

   2.  A vehicle used as a school bus or vehicle otherwise used to transport children that does not pass an inspection and receives an out-of-service violation in such inspection shall be subject to a subsequent inspection by the department of education within no more than thirty days. A vehicle that does not pass a subsequent inspection and receives an out-of-service violation in such inspection shall be removed from service until such time as the vehicle passes an inspection. The state board of education shall establish by rule a procedure for returning such vehicles to service. The board shall define out-of-service violations by rule. Such definitions shall include any deficiency under which operation of a vehicle would create an immediate risk to the safety of the driver, passengers, or the general public. The department of education shall include in its vehicle maintenance and inspection manual procedures for inspections of vehicles otherwise used to transport children, the procedure for returning vehicles to service, and the definitions of out-of-service violations.
   Sec. 6.  Section 321.379, Code 2014, is amended to read as follows:
   321.379  Violations.

   1. A school board, individual, or organization shall not purchase, construct, or contract for use, to transport pupils to or from school children, any school bus or vehicle otherwise used to transport children which does not comply with the minimum requirements of section 321.373 and any individual, or any member or officer of such board or organization who authorizes, the purchase, construction, or contract for any such bus vehicle not complying with these minimum requirements commits a simple misdemeanor.

   2.  An individual who knowingly falsifies an inspection record for a school bus or vehicle otherwise used to transport children that is subject to an out-of-service violation as defined by the state board of education commits a simple misdemeanor.
   Sec. 7.  Section 331.653, subsection 32, Code 2014, is amended to read as follows:
   32.  Enforce sections 321.372 to 321.379 relating to school buses and vehicles otherwise used to transport children.
   Sec. 8.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.>

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COMMITTEE ON EDUCATION

JORGENSEN of Woodbury, Chairperson