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 TLSB 1029XC (6) 85 je/sc
S.F. _____ 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and to 9 the safety and welfare of the traveling public, the department 10 of education shall order such vehicle to be withdrawn from 11 further use on a specified date no later than thirty days 12 following such determination .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 35 -1- LSB 1029XC (6) 85 je/sc 1/ 5
S.F. _____ 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 35 -2- LSB 1029XC (6) 85 je/sc 2/ 5
S.F. _____ 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 35 -3- LSB 1029XC (6) 85 je/sc 3/ 5
S.F. _____ 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 35 -4- LSB 1029XC (6) 85 je/sc 4/ 5
S.F. _____ 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. 20 -5- LSB 1029XC (6) 85 je/sc 5/ 5