Iowa-2015-HF35-Introduced
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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