S.F. 2221 Section 1. Section 235A.15, subsection 2, paragraph e, 1 Code Supplement 2011, is amended by adding the following new 2 subparagraph: 3 NEW SUBPARAGRAPH . (22) To the employer or prospective 4 employer of a school bus driver for purposes of an employment 5 record check. 6 Sec. 2. Section 235B.6, subsection 2, paragraph e, Code 7 Supplement 2011, is amended by adding the following new 8 subparagraph: 9 NEW SUBPARAGRAPH . (18) To the employer or prospective 10 employer of a school bus driver for purposes of an employment 11 record check. 12 Sec. 3. Section 321.375, Code 2011, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 1A. Prior to hiring an applicant for a 15 school bus driver position, including a contract position, 16 an employer shall have access to and shall review the sex 17 offender registry information under section 692A.121 available 18 to the general public, the central registry for child abuse 19 information established under section 235A.14, and the central 20 registry for dependent adult abuse information established 21 under section 235B.5 for information regarding the applicant. 22 An employer shall follow the same procedure every five years 23 upon the renewal of an employee’s or contract employee’s school 24 bus driver’s license issued by the department of transportation 25 valid for the operation of a school bus. An employer shall 26 pay for the cost of the registry checks conducted pursuant to 27 this subsection. An employer shall maintain documentation 28 demonstrating compliance with this subsection. 29 Sec. 4. Section 321.375, subsection 2, Code 2011, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . 0e. The school bus driver is listed in 32 the sex offender registry established under chapter 692A, 33 the central registry for child abuse information established 34 under section 235A.14, or the central registry for dependent 35 -1- LSB 5276SV (2) 84 je/nh 1/ 4

S.F. 2221 adult abuse information established under section 235B.5. A 1 termination hearing conducted pursuant to this paragraph shall 2 be limited to the question of whether the school bus driver was 3 incorrectly listed in the registry. 4 Sec. 5. Section 321.376, subsection 1, Code Supplement 5 2011, is amended to read as follows: 6 1. The driver of a school bus shall hold a driver’s license 7 issued by the department of transportation valid for the 8 operation of the school bus and a certificate of qualification 9 for operation of a commercial motor vehicle issued by a 10 physician or osteopathic physician licensed pursuant to 11 chapter 148 , physician’s assistant, advanced registered nurse 12 practitioner, or chiropractor or any other person identified 13 by federal and state law as authorized to perform physical 14 examinations, and shall successfully complete an approved 15 course of instruction in accordance with subsection 2 . A 16 person holding a temporary restricted license issued under 17 chapter 321J shall be prohibited from operating a school bus. 18 1A. The department of education shall refuse to issue an 19 authorization to operate a school bus to any person who, after 20 notice and opportunity for hearing, is determined to have 21 committed any of the acts proscribed met any of the grounds 22 listed under section 321.375, subsection 2 . The department of 23 education shall take adverse action against any person who, 24 after notice and opportunity for hearing, is determined to have 25 committed any of the acts proscribed met any of the grounds 26 listed under section 321.375, subsection 2 . Such action may 27 include a reprimand or warning of the person or the suspension 28 or revocation of the person’s authorization to operate a school 29 bus. A hearing pursuant to section 321.375, subsection 2, 30 paragraph “0e” , shall be limited to the question of whether the 31 person was incorrectly listed in the registry. The department 32 of education shall recommend, and the state board of education 33 shall adopt under chapter 17A , rules and procedures for issuing 34 and suspending or revoking authorization to operate a school 35 -2- LSB 5276SV (2) 84 je/nh 2/ 4

S.F. 2221 bus in this state. Rules and procedures adopted shall include 1 but are not limited to provisions for the revocation or 2 suspension of, or refusal to issue, authorization to persons 3 who are determined to have committed any of the acts proscribed 4 met any of the grounds listed under section 321.375, subsection 5 2 . 6 Sec. 6. STATE MANDATE FUNDING SPECIFIED. In accordance 7 with section 25B.2, subsection 3, the state cost of requiring 8 compliance with any state mandate included in this Act shall 9 be paid by a school district from state school foundation aid 10 received by the school district under section 257.16. This 11 specification of the payment of the state cost shall be deemed 12 to meet all of the state funding-related requirements of 13 section 25B.2, subsection 3, and no additional state funding 14 shall be necessary for the full implementation of this Act 15 by and enforcement of this Act against all affected school 16 districts. 17 EXPLANATION 18 This bill requires an employer to review the state sex 19 offender registry, the state central registry for child abuse 20 information, and the state central registry for dependent adult 21 abuse information for information regarding any applicant for 22 a school bus driver position, including a contract position, 23 before an applicant is hired. The bill requires an employer 24 to follow the same procedure every five years upon the renewal 25 of an employee’s or contract employee’s school bus driver’s 26 license issued by the department of transportation valid for 27 the operation of a school bus. The bill requires an employer 28 to pay for the cost of the registry checks conducted pursuant 29 to the bill. The bill requires an employer to document 30 compliance with the bill. 31 The bill adds listing on the state sex offender registry, 32 the state central registry for child abuse information, or the 33 state central registry for dependent adult abuse information 34 to the list of grounds for which a school bus driver is to be 35 -3- LSB 5276SV (2) 84 je/nh 3/ 4

S.F. 2221 immediately suspended. The bill specifies that for a hearing 1 relating to adverse action taken pursuant to the bill, the 2 hearing is to be limited to the question of whether a person 3 was incorrectly listed in one of the registries. Such adverse 4 action may include termination of employment or refusal to 5 issue or revocation of authorization to operate a school bus 6 by the department of education. 7 The bill grants employers and prospective employers access 8 to the state central registry for child abuse information 9 and the state central registry for dependent adult abuse 10 information for the purposes provided in the bill. 11 The bill may include a state mandate as defined in Code 12 section 25B.3. The bill requires that the state cost of 13 any state mandate included in the bill be paid by a school 14 district from state school foundation aid received by the 15 school district under Code section 257.16. The specification 16 is deemed to constitute state compliance with any state mandate 17 funding-related requirements of Code section 25B.2. The 18 inclusion of this specification is intended to reinstate the 19 requirement of political subdivisions to comply with any state 20 mandates included in the bill. 21 -4- LSB 5276SV (2) 84 je/nh 4/ 4