SF 2047 (LSB 5666XS (3) 90)

SENATE FILE 2047

BY  DAWSON

A BILL FOR

An Act relating to school buses and other vehicles used to transport pupils.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, subsection 69, paragraph d, Code 2024, is amended to read as follows:
   d.  New or used motor vehicles designed to carry not more than ten twelve persons as passengers, including the driver, or used passenger vans designed to carry not more than twelve persons as passengers, including the driver, either school owned or privately owned, which are used to transport pupils to activity events in which the pupils are participants or used to transport pupils to their homes in case of illness or other emergency situations. The vehicles operated under the provisions of this paragraph shall be operated by employees of the school district who are specifically approved by the local superintendent of schools for the assignment.
    Sec. 2.  Section 321.373, subsection 2, Code 2024, is amended to read as follows:
   2.  Rules prescribed for school buses shall provide standards for structural strength, materials, and insulation of the school bus body; color; seat and aisle arrangement; dimension and construction of service door; control of the front door or doors; emergency door and its location and construction; windows; roof ventilators; heaters; location, filling, and draining of the fuel tank; bumpers and how they shall be attached to the bus; lettering and identification of the bus; stop signal arm; and warning lights and flashing lights; and shall authorize the use of vehicles modified or manufactured to accommodate wheelchair access with or without the use of a ramp.
    Sec. 3.  Section 321.373, subsection 3, paragraphs a and c, Code 2024, are amended to read as follows:
   a.  The rules prescribed for school buses shall include special rules for passenger automobiles, and other vehicles designed to carry ten twelve or fewer persons, including the driver, when used as school buses.
   c.  The rules shall allow new or used passenger vans designed to carry twelve or fewer passengers, including the driver, and weighing ten thousand pounds or less, to be used as school buses if the van does not carry more passengers than there are safety belts or safety harnesses in the van as installed by the manufacturer. The operator of the van shall comply with the qualification, licensing, and instruction requirements set forth in sections 321.375 and 321.376.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, every vehicle operated for the transportation of children to or from school is considered a school bus, with limited exceptions including new or used motor vehicles designed to carry not more than 10 persons as passengers, including the driver, or used passenger vans designed to carry not more than 12 persons as passengers, including the driver, which are used to transport pupils to activity events or in emergency situations if the vehicle is operated by an approved employee of the school district.
   This bill instead excludes from the definition of “school bus” all new or used motor vehicles designed to carry not more than 12 persons as passengers, including the driver, which are used to transport pupils to activity events in which the pupils are participants, or used to transport pupils to their homes in case of illness or other emergency situations. The bill makes corresponding changes to related provisions in Code section 321.373. In accordance with current law, the vehicles must be operated by employees of the school district who are specifically approved by the local superintendent of schools for the assignment.
   Current department of education (DE) administrative rules prohibit the use of ramps on a vehicle operated as a school bus, except when used on the MV-1 purpose-built wheelchair accessible vehicle (281 IAC 44.4(2)(g)).
   The bill requires DE rules to authorize the use of vehicles modified or manufactured to accommodate wheelchair access with or without the use of a ramp.