Senate
Study
Bill
1205
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
QUIRMBACH)
A
BILL
FOR
An
Act
relating
to
inspections
of
school
buses
and
certain
1
other
vehicles
used
to
transport
children
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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withdrawn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.
For
purposes
of
this
subsection,
“vehicle
otherwise
32
regularly
used
to
transport
children”
means
the
same
as
defined
33
in
section
321.1,
subsection
91A.
34
Sec.
2.
Section
321.1,
Code
2013,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
91A.
“Vehicle
otherwise
regularly
used
2
to
transport
children”
means
every
vehicle
operated
for
the
3
transportation
of
children,
except
for
the
following:
4
a.
School
buses.
5
b.
Vehicles
privately
owned
and
not
operated
for
6
compensation.
7
c.
Vehicles
used
exclusively
to
transport
children
in
the
8
immediate
family
of
the
driver.
9
d.
Vehicles
used
to
provide
transportation
service
available
10
to
the
general
public,
whether
or
not
for
compensation.
11
e.
Authorized
emergency
vehicles.
12
f.
Vehicles
incidentally
used
to
transport
children.
13
Sec.
3.
Section
321.373,
subsection
1,
Code
2013,
is
amended
14
to
read
as
follows:
15
1.
Every
school
bus
except
private
passenger
vehicles
16
used
as
school
buses
and
every
vehicle
otherwise
regularly
17
used
to
transport
children
shall
be
constructed
and
equipped
18
to
meet
safety
standards
prescribed
in
rules
adopted
by
the
19
state
board
of
education.
Such
rules
shall
conform
to
safety
20
standards
set
forth
in
federal
laws
and
regulations
and
shall
21
conform,
insofar
as
practicable,
to
the
minimum
standards
22
for
school
buses
recommended
by
the
national
conference
on
23
school
transportation
administered
by
the
national
commission
24
on
safety
education
and
published
by
the
national
education
25
association.
26
Sec.
4.
Section
321.374,
Code
2013,
is
amended
to
read
as
27
follows:
28
321.374
Inspection
——
seal
of
approval.
29
No
A
vehicle
shall
not
be
put
into
service
as
a
school
30
bus
or
as
a
vehicle
otherwise
regularly
used
to
transport
31
children
until
it
is
given
an
original
inspection
to
determine
32
if
it
meets
all
legal
and
established
uniform
standards
of
33
construction
for
the
protection
of
the
health
and
safety
of
34
children
to
be
transported.
Vehicles
which
are
approved
shall
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be
issued
a
seal
of
approval
by
the
director
of
the
department
1
of
education.
All
vehicles
used
as
school
buses
or
vehicles
2
otherwise
regularly
used
to
transport
children
shall
be
given
a
3
safety
inspection
at
least
once
a
year.
Buses
Vehicles
passing
4
the
inspection
shall
be
issued
an
inspection
seal
of
approval
5
by
the
director
of
the
department
of
education.
The
seal
of
6
original
inspection
and
the
annual
seal
of
inspection
shall
be
7
affixed
to
the
lower
right
hand
corner
of
the
windshield.
A
8
vehicle
which
does
not
pass
the
inspection
shall
be
subject
to
9
a
subsequent
inspection
within
not
more
than
thirty
days.
A
10
vehicle
which
does
not
pass
a
subsequent
inspection
shall
be
11
removed
from
service
until
such
time
as
the
vehicle
passes
an
12
inspection.
13
Sec.
5.
Section
321.379,
Code
2013,
is
amended
to
read
as
14
follows:
15
321.379
Violations.
16
A
school
board,
individual,
or
organization
shall
not
17
purchase,
construct,
or
contract
for
use,
to
transport
pupils
18
to
or
from
school
children
,
any
school
bus
or
vehicle
otherwise
19
regularly
used
to
transport
children
which
does
not
comply
with
20
the
minimum
requirements
of
section
321.373
and
any
individual,
21
or
any
member
or
officer
of
such
board
or
organization
who
22
authorizes,
the
purchase,
construction,
or
contract
for
any
23
such
bus
vehicle
not
complying
with
these
minimum
requirements
24
commits
a
simple
misdemeanor.
25
Sec.
6.
Section
331.653,
subsection
32,
Code
2013,
is
26
amended
to
read
as
follows:
27
32.
Enforce
sections
321.372
to
321.379
relating
to
school
28
buses
and
vehicles
otherwise
regularly
used
to
transport
29
children
.
30
Sec.
7.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
31
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
32
compliance
with
any
state
mandate
included
in
this
Act
shall
33
be
paid
by
a
school
district
from
state
school
foundation
aid
34
received
by
the
school
district
under
section
257.16.
This
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specification
of
the
payment
of
the
state
cost
shall
be
deemed
1
to
meet
all
of
the
state
funding-related
requirements
of
2
section
25B.2,
subsection
3,
and
no
additional
state
funding
3
shall
be
necessary
for
the
full
implementation
of
this
Act
4
by
and
enforcement
of
this
Act
against
all
affected
school
5
districts.
6
EXPLANATION
7
Under
current
law,
school
buses
cannot
be
put
into
service
8
until
they
have
been
inspected
by
the
department
of
education.
9
School
buses
are
also
required
to
undergo
annual
inspections.
10
This
bill
provides
that
a
school
bus
which
does
not
pass
an
11
inspection
is
subject
to
a
subsequent
inspection
within
not
12
more
than
30
days.
The
bill
requires
a
school
bus
which
does
13
not
pass
such
a
subsequent
inspection
to
be
removed
from
14
service
until
such
time
as
the
school
bus
passes
an
inspection.
15
The
bill
limits
the
time
within
which
a
school
bus
determined
16
to
be
dangerous
to
the
children
transported
and
to
the
safety
17
and
welfare
of
the
traveling
public
must
be
withdrawn
from
18
use
to
no
more
than
30
days
after
the
determination
is
made.
19
The
bill
reduces
from
one
year
to
30
days
the
duration
of
a
20
temporary
certificate
of
operation
issued
to
a
school
bus
that
21
does
not
conform
to
department
of
education
requirements.
22
The
bill
applies
these
inspection
requirements
to
vehicles
23
otherwise
regularly
used
to
transport
children.
The
bill
24
provides
that
vehicles
otherwise
regularly
used
to
transport
25
children
do
not
include
school
buses;
vehicles
privately
owned
26
and
not
operated
for
compensation;
vehicles
used
exclusively
27
to
transport
children
in
the
immediate
family
of
the
driver;
28
vehicles
used
to
provide
transportation
service
available
to
29
the
general
public,
whether
or
not
for
compensation;
authorized
30
emergency
vehicles;
or
vehicles
incidentally
used
to
transport
31
children.
32
The
bill
provides
that
vehicles
otherwise
regularly
used
33
to
transport
children
must
conform
to
minimum
vehicle
safety
34
inspection
standards
as
far
as
practicable
and
as
set
out
by
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the
state
board
of
education
by
rule.
1
Current
law
provides
that
a
school
board,
individual,
or
2
organization
must
not
purchase,
construct,
or
contract
for
3
use
of
a
school
bus
that
does
not
comply
with
minimum
state
4
standards.
Current
law
provides
that
any
person
who
authorizes
5
such
an
action
is
guilty
of
a
simple
misdemeanor.
The
bill
6
adds
vehicles
otherwise
regularly
used
to
transport
children
7
to
those
requirements.
A
simple
misdemeanor
is
punishable
by
8
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
$65
9
but
not
more
than
$625
or
by
both.
10
The
bill
may
include
a
state
mandate
as
defined
in
Code
11
section
25B.3.
The
bill
requires
that
the
state
cost
of
12
any
state
mandate
included
in
the
bill
be
paid
by
a
school
13
district
from
state
school
foundation
aid
received
by
the
14
school
district
under
Code
section
257.16.
The
specification
15
is
deemed
to
constitute
state
compliance
with
any
state
mandate
16
funding-related
requirements
of
Code
section
25B.2.
The
17
inclusion
of
this
specification
is
intended
to
reinstate
the
18
requirement
of
political
subdivisions
to
comply
with
any
state
19
mandates
included
in
the
bill.
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