House File 35 - Introduced HOUSE FILE 35 BY HUNTER A BILL FOR An Act requiring certain new school buses to be equipped with 1 seat belts, requiring the use of such seat belts, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1239YH (4) 86 ns/nh

H.F. 35 Section 1. Section 321.373, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. A new school bus ordered for purchase 3 on or after July 1, 2015, shall be equipped with safety 4 belts and safety harnesses that conform with 49 C.F.R. 5 §571.209-571.210 for every seating position. 6 Sec. 2. Section 321.445, subsection 2, paragraph b, 7 subparagraph (4), Code 2015, is amended to read as follows: 8 (4) Passengers on a bus other than a school bus equipped 9 with safety belts or safety harnesses pursuant to section 10 321.373, subsection 7A . 11 Sec. 3. Section 321.446, subsections 1 and 2, Code 2015, are 12 amended to read as follows: 13 1. a. A child under one year of age and weighing less 14 than twenty pounds who is being transported in a motor 15 vehicle subject to registration, except a school bus or 16 motorcycle, shall be secured during transit in a rear-facing 17 child restraint system that is used in accordance with the 18 manufacturer’s instructions. 19 b. A child under six years of age who does not meet the 20 description in paragraph “a” and who is being transported 21 in a motor vehicle subject to registration, except a school 22 bus or motorcycle, shall be secured during transit by a 23 child restraint system that is used in accordance with the 24 manufacturer’s instructions. 25 2. A child at least six years of age but under eighteen 26 years of age who is being transported in a motor vehicle 27 subject to registration, except a school bus or motorcycle, 28 shall be secured during transit by a child restraint system 29 that is used in accordance with the manufacturer’s instructions 30 or by a safety belt or safety harness of a type approved under 31 section 321.445 . 32 Sec. 4. Section 321.446, subsection 3, paragraph b, Code 33 2015, is amended to read as follows: 34 b. The transportation of children in 1965 model year or 35 -1- LSB 1239YH (4) 86 ns/nh 1/ 2

H.F. 35 older vehicles, authorized emergency vehicles, buses other than 1 school buses which are equipped with safety belts or safety 2 harnesses pursuant to section 321.373, subsection 7A , or motor 3 homes or motorsports recreational vehicles, except when a child 4 is transported in a motor home’s or motorsports recreational 5 vehicle’s passenger seat situated directly to the driver’s 6 right. 7 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 8 3, shall not apply to this Act. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill requires that new school buses ordered for 13 purchase on or after July 1, 2015, be equipped with safety 14 belts and safety harnesses for every seating position. The 15 bill also requires the use of safety belts and safety harnesses 16 by the driver and passengers on such school buses. Current 17 requirements for the use of child restraint systems for 18 children under 18 years of age also apply to school buses 19 equipped with safety belts and safety harnesses under the bill. 20 A violation of seat belt requirements is a scheduled 21 violation subject to a fine of $50. A violation of seat belt 22 or restraint requirements for persons under 18 years of age is 23 a scheduled violation subject to a fine of $100. Seat belt and 24 restraint violations are not a factor in establishing grounds 25 for license suspension or identifying a person as a habitual 26 violator. 27 The bill may include a state mandate as defined in Code 28 section 25B.3. The bill makes inapplicable Code section 25B.2, 29 subsection 3, which would relieve a political subdivision from 30 complying with a state mandate if funding for the cost of 31 the state mandate is not provided or specified. Therefore, 32 political subdivisions are required to comply with any state 33 mandate included in the bill. 34 -2- LSB 1239YH (4) 86 ns/nh 2/ 2