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House File 599 - IntroducedA Bill ForAn Act 1requiring certain new school buses to be equipped with
2seat belts, requiring the use of such seat belts, and making
3penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.373, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7A. A new school bus ordered for purchase
4on or after July 1, 2017, that was manufactured on or after
5July 1, 2017, shall be equipped with safety belts and safety
6harnesses that conform with 49 C.F.R. §571.209-571.210 for
7every seating position.
8 Sec. 2. Section 321.445, subsection 2, paragraph b,
9subparagraph (4), Code 2017, is amended to read as follows:
10(4) Passengers on a bus other than a school bus equipped
11with safety belts or safety harnesses pursuant to section
12321.373, subsection 7A.
13 Sec. 3. Section 321.446, subsections 1 and 2, Code 2017, are
14amended to read as follows:
151. a. A child under one year of age and weighing less
16than twenty pounds who is being transported in a motor vehicle
17subject to registration, except a school bus manufactured
18before July 1, 2017, or a motorcycle, shall be secured during
19transit in a rear-facing child restraint system that is used in
20accordance with the manufacturer’s instructions.
21b. A child under six years of age who does not meet the
22description in paragraph “a” and who is being transported in
23a motor vehicle subject to registration, except a school bus
24manufactured before July 1, 2017, or a motorcycle, shall be
25secured during transit by a child restraint system that is used
26in accordance with the manufacturer’s instructions.
272. A child at least six years of age but under eighteen
28years of age who is being transported in a motor vehicle
29subject to registration, except a school bus manufactured
30before July 1, 2017, or a motorcycle, shall be secured during
31transit by a child restraint system that is used in accordance
32with the manufacturer’s instructions or by a safety belt or
33safety harness of a type approved under section 321.445.
34 Sec. 4. Section 321.446, subsection 3, paragraph b, Code
352017, is amended to read as follows:
-1- 1b. The transportation of children in 1965 model year or
2older vehicles, authorized emergency vehicles, buses other than
3school buses equipped with safety belts or safety harnesses
4pursuant to section 321.373, subsection 7A, or motor homes
5or motorsports recreational vehicles, except when a child is
6transported in a motor home’s or motorsports recreational
7vehicle’s passenger seat situated directly to the driver’s
8right.
9 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
103, shall not apply to this Act.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill requires that new school buses ordered for
15purchase on or after July 1, 2017, that were manufactured on or
16after July 1, 2017, be equipped with safety belts and safety
17harnesses for every seating position. The bill also requires
18the use of safety belts and safety harnesses by the driver and
19passengers on such school buses. Current requirements for the
20use of child restraint systems for children under 18 years of
21age also apply to school buses equipped with safety belts and
22safety harnesses under the bill.
23Under current law, a violation of seat belt requirements is
24a scheduled violation punishable by a fine of $50. A violation
25of seat belt or restraint requirements for persons under 18
26years of age is a scheduled violation punishable by a fine of
27$100. Seat belt and restraint violations are not a factor in
28establishing grounds for license suspension or identifying a
29person as a habitual violator.
30The bill may include a state mandate as defined in Code
31section 25B.3. The bill makes inapplicable Code section 25B.2,
32subsection 3, which would relieve a political subdivision from
33complying with a state mandate if funding for the cost of
34the state mandate is not provided or specified. Therefore,
35political subdivisions are required to comply with any state
-2-1mandate included in the bill.
-3-ns/nh
2seat belts, requiring the use of such seat belts, and making
3penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.373, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7A. A new school bus ordered for purchase
4on or after July 1, 2017, that was manufactured on or after
5July 1, 2017, shall be equipped with safety belts and safety
6harnesses that conform with 49 C.F.R. §571.209-571.210 for
7every seating position.
8 Sec. 2. Section 321.445, subsection 2, paragraph b,
9subparagraph (4), Code 2017, is amended to read as follows:
10(4) Passengers on a bus other than a school bus equipped
11with safety belts or safety harnesses pursuant to section
12321.373, subsection 7A.
13 Sec. 3. Section 321.446, subsections 1 and 2, Code 2017, are
14amended to read as follows:
151. a. A child under one year of age and weighing less
16than twenty pounds who is being transported in a motor vehicle
17subject to registration, except a school bus manufactured
18before July 1, 2017, or a motorcycle, shall be secured during
19transit in a rear-facing child restraint system that is used in
20accordance with the manufacturer’s instructions.
21b. A child under six years of age who does not meet the
22description in paragraph “a” and who is being transported in
23a motor vehicle subject to registration, except a school bus
24manufactured before July 1, 2017, or a motorcycle, shall be
25secured during transit by a child restraint system that is used
26in accordance with the manufacturer’s instructions.
272. A child at least six years of age but under eighteen
28years of age who is being transported in a motor vehicle
29subject to registration, except a school bus manufactured
30before July 1, 2017, or a motorcycle, shall be secured during
31transit by a child restraint system that is used in accordance
32with the manufacturer’s instructions or by a safety belt or
33safety harness of a type approved under section 321.445.
34 Sec. 4. Section 321.446, subsection 3, paragraph b, Code
352017, is amended to read as follows:
-1- 1b. The transportation of children in 1965 model year or
2older vehicles, authorized emergency vehicles, buses other than
3school buses equipped with safety belts or safety harnesses
4pursuant to section 321.373, subsection 7A, or motor homes
5or motorsports recreational vehicles, except when a child is
6transported in a motor home’s or motorsports recreational
7vehicle’s passenger seat situated directly to the driver’s
8right.
9 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
103, shall not apply to this Act.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill requires that new school buses ordered for
15purchase on or after July 1, 2017, that were manufactured on or
16after July 1, 2017, be equipped with safety belts and safety
17harnesses for every seating position. The bill also requires
18the use of safety belts and safety harnesses by the driver and
19passengers on such school buses. Current requirements for the
20use of child restraint systems for children under 18 years of
21age also apply to school buses equipped with safety belts and
22safety harnesses under the bill.
23Under current law, a violation of seat belt requirements is
24a scheduled violation punishable by a fine of $50. A violation
25of seat belt or restraint requirements for persons under 18
26years of age is a scheduled violation punishable by a fine of
27$100. Seat belt and restraint violations are not a factor in
28establishing grounds for license suspension or identifying a
29person as a habitual violator.
30The bill may include a state mandate as defined in Code
31section 25B.3. The bill makes inapplicable Code section 25B.2,
32subsection 3, which would relieve a political subdivision from
33complying with a state mandate if funding for the cost of
34the state mandate is not provided or specified. Therefore,
35political subdivisions are required to comply with any state
-2-1mandate included in the bill.
-3-ns/nh