Bill Text: IA HF35 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act requiring certain new school buses to be equipped with seat belts, requiring the use of such seat belts, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-01-15 - Introduced, referred to Transportation. H.J. 98. [HF35 Detail]

Download: Iowa-2015-HF35-Introduced.html
House File 35 - Introduced




                                 HOUSE FILE       
                                 BY  HUNTER

                                      A BILL FOR

  1 An Act requiring certain new school buses to be equipped with
  2    seat belts, requiring the use of such seat belts, and making
  3    penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321.373, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  7A.  A new school bus ordered for purchase
  1  4 on or after July 1, 2015, shall be equipped with safety
  1  5 belts and safety harnesses that conform with 49 C.F.R.
  1  6 {571.209=571.210 for every seating position.
  1  7    Sec. 2.  Section 321.445, subsection 2, paragraph b,
  1  8 subparagraph (4), Code 2015, is amended to read as follows:
  1  9    (4)  Passengers on a bus other than a school bus equipped
  1 10 with safety belts or safety harnesses pursuant to section
  1 11 321.373, subsection 7A.
  1 12    Sec. 3.  Section 321.446, subsections 1 and 2, Code 2015, are
  1 13 amended to read as follows:
  1 14    1.  a.  A child under one year of age and weighing less
  1 15 than twenty pounds who is being transported in a motor
  1 16 vehicle subject to registration, except a school bus or
  1 17  motorcycle, shall be secured during transit in a rear=facing
  1 18 child restraint system that is used in accordance with the
  1 19 manufacturer's instructions.
  1 20    b.  A child under six years of age who does not meet the
  1 21 description in paragraph "a" and who is being transported
  1 22 in a motor vehicle subject to registration, except a school
  1 23 bus or motorcycle, shall be secured during transit by a
  1 24 child restraint system that is used in accordance with the
  1 25 manufacturer's instructions.
  1 26    2.  A child at least six years of age but under eighteen
  1 27 years of age who is being transported in a motor vehicle
  1 28 subject to registration, except a school bus or motorcycle,
  1 29 shall be secured during transit by a child restraint system
  1 30 that is used in accordance with the manufacturer's instructions
  1 31 or by a safety belt or safety harness of a type approved under
  1 32 section 321.445.
  1 33    Sec. 4.  Section 321.446, subsection 3, paragraph b, Code
  1 34 2015, is amended to read as follows:
  1 35    b.  The transportation of children in 1965 model year or
  2  1 older vehicles, authorized emergency vehicles, buses other than
  2  2 school buses which are equipped with safety belts or safety
  2  3 harnesses pursuant to section 321.373, subsection 7A, or motor
  2  4 homes or motorsports recreational vehicles, except when a child
  2  5 is transported in a motor home's or motorsports recreational
  2  6 vehicle's passenger seat situated directly to the driver's
  2  7 right.
  2  8    Sec. 5.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  2  9 3, shall not apply to this Act.
  2 10                           EXPLANATION
  2 11 The inclusion of this explanation does not constitute agreement with
  2 12 the explanation's substance by the members of the general assembly.
  2 13    This bill requires that new school buses ordered for
  2 14 purchase on or after July 1, 2015, be equipped with safety
  2 15 belts and safety harnesses for every seating position.  The
  2 16 bill also requires the use of safety belts and safety harnesses
  2 17 by the driver and passengers on such school buses.  Current
  2 18 requirements for the use of child restraint systems for
  2 19 children under 18 years of age also apply to school buses
  2 20 equipped with safety belts and safety harnesses under the bill.
  2 21    A violation of seat belt requirements is a scheduled
  2 22 violation subject to a fine of $50. A violation of seat belt
  2 23 or restraint requirements for persons under 18 years of age is
  2 24 a scheduled violation subject to a fine of $100. Seat belt and
  2 25 restraint violations are not a factor in establishing grounds
  2 26 for license suspension or identifying a person as a habitual
  2 27 violator.
  2 28    The bill may include a state mandate as defined in Code
  2 29 section 25B.3.  The bill makes inapplicable Code section 25B.2,
  2 30 subsection 3, which would relieve a political subdivision from
  2 31 complying with a state mandate if funding for the cost of
  2 32 the state mandate is not provided or specified.  Therefore,
  2 33 political subdivisions are required to comply with any state
  2 34 mandate included in the bill.
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