House
File
366
-
Introduced
HOUSE
FILE
366
BY
MASCHER
A
BILL
FOR
An
Act
requiring
certain
new
school
buses
to
be
equipped
with
1
safety
belts
or
safety
harnesses,
requiring
the
use
of
the
2
safety
belts
or
safety
harnesses,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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366
Section
1.
Section
321.373,
Code
2019,
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,
2019,
that
was
manufactured
on
or
after
4
July
1,
2019,
shall
be
equipped
with
safety
belts
or
safety
5
harnesses
that
conform
with
49
C.F.R.
§571.209-571.210
for
6
every
seating
position.
7
Sec.
2.
Section
321.445,
subsection
2,
paragraph
b,
8
subparagraph
(4),
Code
2019,
is
amended
to
read
as
follows:
9
(4)
Passengers
on
a
bus
other
than
a
school
bus
equipped
10
with
safety
belts
or
safety
harnesses
pursuant
to
section
11
321.373,
subsection
7A
.
12
Sec.
3.
Section
321.446,
subsections
1
and
2,
Code
2019,
are
13
amended
to
read
as
follows:
14
1.
a.
A
child
under
one
year
of
age
and
weighing
less
15
than
twenty
pounds
who
is
being
transported
in
a
motor
vehicle
16
subject
to
registration,
except
a
school
bus
manufactured
17
before
July
1,
2019,
or
a
motorcycle,
shall
be
secured
during
18
transit
in
a
rear-facing
child
restraint
system
that
is
used
in
19
accordance
with
the
manufacturer’s
instructions.
20
b.
A
child
under
six
years
of
age
who
does
not
meet
the
21
description
in
paragraph
“a”
and
who
is
being
transported
in
22
a
motor
vehicle
subject
to
registration,
except
a
school
bus
23
manufactured
before
July
1,
2019,
or
a
motorcycle,
shall
be
24
secured
during
transit
by
a
child
restraint
system
that
is
used
25
in
accordance
with
the
manufacturer’s
instructions.
26
2.
A
child
at
least
six
years
of
age
but
under
eighteen
27
years
of
age
who
is
being
transported
in
a
motor
vehicle
28
subject
to
registration,
except
a
school
bus
manufactured
29
before
July
1,
2019,
or
a
motorcycle,
shall
be
secured
during
30
transit
by
a
child
restraint
system
that
is
used
in
accordance
31
with
the
manufacturer’s
instructions
or
by
a
safety
belt
or
32
safety
harness
of
a
type
approved
under
section
321.445
.
33
Sec.
4.
Section
321.446,
subsection
3,
paragraph
b,
Code
34
2019,
is
amended
to
read
as
follows:
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b.
The
transportation
of
children
in
1965
model
year
or
1
older
vehicles,
authorized
emergency
vehicles,
buses
other
than
2
school
buses
equipped
with
safety
belts
or
safety
harnesses
3
pursuant
to
section
321.373,
subsection
7A
,
or
motor
homes
4
or
motorsports
recreational
vehicles,
except
when
a
child
is
5
transported
in
a
motor
home’s
or
motorsports
recreational
6
vehicle’s
passenger
seat
situated
directly
to
the
driver’s
7
right.
8
Sec.
5.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
9
3,
shall
not
apply
to
this
Act.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
requires
new
school
buses
ordered
for
purchase
on
14
or
after
July
1,
2019,
that
were
manufactured
on
or
after
July
15
1,
2019,
to
be
equipped
with
safety
belts
or
safety
harnesses
16
for
every
seating
position.
The
bill
also
requires
the
use
17
of
safety
belts
or
safety
harnesses
by
the
driver,
front
seat
18
passengers,
and
all
passengers
under
18
years
of
age
on
such
19
school
buses.
Current
requirements
for
the
use
of
child
20
restraint
systems
for
children
under
18
years
of
age
also
apply
21
to
school
buses
equipped
with
safety
belts
or
safety
harnesses
22
under
the
bill.
23
Under
current
law,
a
violation
of
Code
section
321.445
is
24
punishable
by
a
scheduled
fine
of
$50.
A
violation
of
Code
25
section
321.446
is
punishable
by
a
scheduled
fine
of
$100.
The
26
department
of
transportation
is
prohibited
from
considering
27
the
violation
in
determining
an
offender’s
driver’s
license
28
suspension
under
Code
section
321.210
or
habitual
offender
29
status
under
Code
section
321.555.
30
The
bill
may
include
a
state
mandate
as
defined
in
Code
31
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
32
subsection
3,
which
would
relieve
a
political
subdivision
from
33
complying
with
a
state
mandate
if
funding
for
the
cost
of
34
the
state
mandate
is
not
provided
or
specified.
Therefore,
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366
political
subdivisions
are
required
to
comply
with
any
state
1
mandate
included
in
the
bill.
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