S.F. 339 Section 1. Section 285.8, subsection 4, Code 2013, is 1 amended to read as follows: 2 4. a. Inspect or cause to be inspected all vehicles used 3 as school buses to transport school children and all vehicles 4 otherwise regularly used to transport children to determine 5 if such vehicles meet all legal and established standards 6 of construction and can be operated with safety, comfort, 7 and economy. When it is determined that further use of such 8 vehicles is dangerous to the pupils children transported and to 9 the safety and welfare of the traveling public, the department 10 of education shall order such vehicle to be withdrawn from 11 further use on a specified date no later than thirty days 12 following such determination . School buses and vehicles 13 otherwise regularly used to transport children which do not 14 conform to the requirements of the department of education may 15 be issued a temporary certificate of operation provided that 16 such school buses vehicles can be operated with safety, and 17 provided further that no such certificate shall be issued for a 18 period in excess of one year thirty days . All equipment can be 19 required to be altered, or safety equipment added , in order to 20 make vehicles reasonably safe for operation. A vehicle which 21 does not pass an inspection shall be subject to a subsequent 22 inspection within not more than thirty days. A vehicle which 23 does not pass a subsequent inspection shall be removed from 24 service until such time as the vehicle passes an inspection. 25 New buses and vehicles otherwise regularly used to transport 26 children, after initial inspection and approval , shall be 27 issued a seal of inspection. After each annual inspection a 28 seal of inspection and approval shall be issued. Said The 29 seals shall be mounted on the lower right hand corner of the 30 windshield. 31 b. The state board of education shall adopt rules for 32 required, uniform inspections of vehicles otherwise regularly 33 used to transport children. Such rules shall allow for 34 inspections to be conducted by qualified private automobile 35 -1- LSB 1029SV (3) 85 je/sc 1/ 5

S.F. 339 mechanics or the department of education. 1 c. For purposes of this subsection, “vehicle otherwise 2 regularly used to transport children” means the same as defined 3 in section 321.1, subsection 91A. 4 Sec. 2. Section 321.1, Code 2013, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 91A. “Vehicle otherwise regularly used 7 to transport children” means every vehicle operated for the 8 transportation of children, except for the following: 9 a. School buses. 10 b. Vehicles privately owned and not operated for 11 compensation. 12 c. Vehicles used exclusively to transport children in the 13 immediate family of the driver. 14 d. Vehicles used to provide transportation service available 15 to the general public, whether or not for compensation. 16 e. Authorized emergency vehicles. 17 f. Vehicles incidentally used to transport children. 18 Sec. 3. Section 321.373, subsection 1, Code 2013, is amended 19 to read as follows: 20 1. Every school bus except private passenger vehicles 21 used as school buses and every vehicle otherwise regularly 22 used to transport children shall be constructed and equipped 23 to meet safety standards prescribed in rules adopted by the 24 state board of education. Such rules shall conform to safety 25 standards set forth in federal laws and regulations and shall 26 conform, insofar as practicable, to the minimum standards 27 for school buses recommended by the national conference on 28 school transportation administered by the national commission 29 on safety education and published by the national education 30 association. 31 Sec. 4. Section 321.374, Code 2013, is amended to read as 32 follows: 33 321.374 Inspection —— seal of approval. 34 No A vehicle shall not be put into service as a school 35 -2- LSB 1029SV (3) 85 je/sc 2/ 5

S.F. 339 bus or as a vehicle otherwise regularly used to transport 1 children until it is given an original inspection to determine 2 if it meets all legal and established uniform standards of 3 construction for the protection of the health and safety of 4 children to be transported. Vehicles which are approved shall 5 be issued a seal of approval by the director of the department 6 of education. All vehicles used as school buses or vehicles 7 otherwise regularly used to transport children shall be given a 8 safety inspection at least once a year. Buses Vehicles passing 9 the inspection shall be issued an inspection seal of approval 10 by the director of the department of education. The seal of 11 original inspection and the annual seal of inspection shall be 12 affixed to the lower right hand corner of the windshield. A 13 vehicle which does not pass the inspection shall be subject to 14 a subsequent inspection within not more than thirty days. A 15 vehicle which does not pass a subsequent inspection shall be 16 removed from service until such time as the vehicle passes an 17 inspection. 18 Sec. 5. Section 321.379, Code 2013, is amended to read as 19 follows: 20 321.379 Violations. 21 A school board, individual, or organization shall not 22 purchase, construct, or contract for use, to transport pupils 23 to or from school children , any school bus or vehicle otherwise 24 regularly used to transport children which does not comply with 25 the minimum requirements of section 321.373 and any individual, 26 or any member or officer of such board or organization who 27 authorizes, the purchase, construction, or contract for any 28 such bus vehicle not complying with these minimum requirements 29 commits a simple misdemeanor. 30 Sec. 6. Section 331.653, subsection 32, Code 2013, is 31 amended to read as follows: 32 32. Enforce sections 321.372 to 321.379 relating to school 33 buses and vehicles otherwise regularly used to transport 34 children . 35 -3- LSB 1029SV (3) 85 je/sc 3/ 5

S.F. 339 Sec. 7. STATE MANDATE FUNDING SPECIFIED. In accordance 1 with section 25B.2, subsection 3, the state cost of requiring 2 compliance with any state mandate included in this Act shall 3 be paid by a school district from state school foundation aid 4 received by the school district under section 257.16. This 5 specification of the payment of the state cost shall be deemed 6 to meet all of the state funding-related requirements of 7 section 25B.2, subsection 3, and no additional state funding 8 shall be necessary for the full implementation of this Act 9 by and enforcement of this Act against all affected school 10 districts. 11 EXPLANATION 12 Under current law, school buses cannot be put into service 13 until they have been inspected by the department of education. 14 School buses are also required to undergo annual inspections. 15 This bill provides that a school bus which does not pass an 16 inspection is subject to a subsequent inspection within not 17 more than 30 days. The bill requires a school bus which does 18 not pass such a subsequent inspection to be removed from 19 service until such time as the school bus passes an inspection. 20 The bill limits the time within which a school bus determined 21 to be dangerous to the children transported and to the safety 22 and welfare of the traveling public must be withdrawn from 23 use to no more than 30 days after the determination is made. 24 The bill reduces from one year to 30 days the duration of a 25 temporary certificate of operation issued to a school bus that 26 does not conform to department of education requirements. 27 The bill applies these inspection requirements to vehicles 28 otherwise regularly used to transport children. The bill 29 provides that vehicles otherwise regularly used to transport 30 children do not include school buses; vehicles privately owned 31 and not operated for compensation; vehicles used exclusively 32 to transport children in the immediate family of the driver; 33 vehicles used to provide transportation service available to 34 the general public, whether or not for compensation; authorized 35 -4- LSB 1029SV (3) 85 je/sc 4/ 5

S.F. 339 emergency vehicles; or vehicles incidentally used to transport 1 children. 2 The bill provides that vehicles otherwise regularly used 3 to transport children must conform to minimum vehicle safety 4 inspection standards as far as practicable and as set out by 5 the state board of education by rule. The bill requires the 6 board to adopt rules for required, uniform inspections of 7 vehicles otherwise regularly used to transport children, which 8 allow for such inspections to be conducted by qualified private 9 automobile mechanics or the department of education. 10 Current law provides that a school board, individual, or 11 organization must not purchase, construct, or contract for 12 use of a school bus that does not comply with minimum state 13 standards. Current law provides that any person who authorizes 14 such an action is guilty of a simple misdemeanor. The bill 15 adds vehicles otherwise regularly used to transport children 16 to those requirements. A simple misdemeanor is punishable by 17 confinement for no more than 30 days or a fine of at least $65 18 but not more than $625 or by both. 19 The bill may include a state mandate as defined in Code 20 section 25B.3. The bill requires that the state cost of 21 any state mandate included in the bill be paid by a school 22 district from state school foundation aid received by the 23 school district under Code section 257.16. The specification 24 is deemed to constitute state compliance with any state mandate 25 funding-related requirements of Code section 25B.2. The 26 inclusion of this specification is intended to reinstate the 27 requirement of political subdivisions to comply with any state 28 mandates included in the bill. 29 -5- LSB 1029SV (3) 85 je/sc 5/ 5