Bill Text: IA SF2221 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act requiring background checks for school bus drivers and making penalties applicable. (Formerly SSB 3003.) Effective 7-1-12.
Spectrum: Committee Bill
Status: (Passed) 2012-04-04 - Signed by Governor. S.J. 736. [SF2221 Detail]
Download: Iowa-2011-SF2221-Enrolled.html
Senate
File
2221
AN
ACT
REQUIRING
BACKGROUND
CHECKS
FOR
SCHOOL
BUS
DRIVERS
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
235A.15,
subsection
2,
paragraph
e,
Code
Supplement
2011,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(22)
To
the
employer
or
prospective
employer
of
a
school
bus
driver
for
purposes
of
an
employment
record
check.
Sec.
2.
Section
235B.6,
subsection
2,
paragraph
e,
Code
Supplement
2011,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(18)
To
the
employer
or
prospective
employer
of
a
school
bus
driver
for
purposes
of
an
employment
record
check.
Sec.
3.
Section
321.375,
Code
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
1A.
Prior
to
hiring
an
applicant
for
a
school
bus
driver
position,
including
a
contract
position,
an
employer
shall
have
access
to
and
shall
review
the
information
in
the
Iowa
court
information
system
available
to
the
general
public,
the
sex
offender
registry
information
under
section
692A.121
available
to
the
general
public,
the
central
registry
for
child
abuse
information
established
under
section
235A.14,
and
the
central
registry
for
dependent
adult
abuse
information
established
under
section
235B.5
for
information
regarding
the
applicant.
An
employer
shall
follow
the
same
procedure
every
five
years
upon
the
renewal
of
an
employee’s
or
contract
employee’s
school
bus
driver’s
license
issued
by
the
department
Senate
File
2221,
p.
2
of
transportation
valid
for
the
operation
of
a
school
bus.
An
employer
shall
pay
for
the
cost
of
the
registry
checks
conducted
pursuant
to
this
subsection.
An
employer
shall
maintain
documentation
demonstrating
compliance
with
this
subsection.
Sec.
4.
Section
321.375,
subsection
2,
Code
2011,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0e.
The
school
bus
driver
is
listed
in
the
sex
offender
registry
established
under
chapter
692A,
the
central
registry
for
child
abuse
information
established
under
section
235A.14,
or
the
central
registry
for
dependent
adult
abuse
information
established
under
section
235B.5.
A
termination
hearing
conducted
pursuant
to
this
paragraph
shall
be
limited
to
the
question
of
whether
the
school
bus
driver
was
incorrectly
listed
in
the
registry.
Sec.
5.
Section
321.376,
subsection
1,
Code
Supplement
2011,
is
amended
to
read
as
follows:
1.
The
driver
of
a
school
bus
shall
hold
a
driver’s
license
issued
by
the
department
of
transportation
valid
for
the
operation
of
the
school
bus
and
a
certificate
of
qualification
for
operation
of
a
commercial
motor
vehicle
issued
by
a
physician
or
osteopathic
physician
licensed
pursuant
to
chapter
148
,
physician’s
assistant,
advanced
registered
nurse
practitioner,
or
chiropractor
or
any
other
person
identified
by
federal
and
state
law
as
authorized
to
perform
physical
examinations,
and
shall
successfully
complete
an
approved
course
of
instruction
in
accordance
with
subsection
2
.
A
person
holding
a
temporary
restricted
license
issued
under
chapter
321J
shall
be
prohibited
from
operating
a
school
bus.
1A.
The
department
of
education
shall
refuse
to
issue
an
authorization
to
operate
a
school
bus
to
any
person
who,
after
notice
and
opportunity
for
hearing,
is
determined
to
have
committed
any
of
the
acts
proscribed
met
any
of
the
grounds
listed
under
section
321.375,
subsection
2
.
The
department
of
education
shall
take
adverse
action
against
any
person
who,
after
notice
and
opportunity
for
hearing,
is
determined
to
have
committed
any
of
the
acts
proscribed
met
any
of
the
grounds
listed
under
section
321.375,
subsection
2
.
Such
action
may
include
a
reprimand
or
warning
of
the
person
or
the
suspension
or
revocation
of
the
person’s
authorization
to
operate
a
school
bus.
A
hearing
pursuant
to
section
321.375,
subsection
2,
paragraph
“0e”
,
shall
be
limited
to
the
question
of
whether
the
person
was
incorrectly
listed
in
the
registry.
The
department
Senate
File
2221,
p.
3
of
education
shall
recommend,
and
the
state
board
of
education
shall
adopt
under
chapter
17A
,
rules
and
procedures
for
issuing
and
suspending
or
revoking
authorization
to
operate
a
school
bus
in
this
state.
Rules
and
procedures
adopted
shall
include
but
are
not
limited
to
provisions
for
the
revocation
or
suspension
of,
or
refusal
to
issue,
authorization
to
persons
who
are
determined
to
have
committed
any
of
the
acts
proscribed
met
any
of
the
grounds
listed
under
section
321.375,
subsection
2
.
Sec.
6.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
compliance
with
any
state
mandate
included
in
this
Act
shall
be
paid
by
a
school
district
from
state
school
foundation
aid
received
by
the
school
district
under
section
257.16.
This
specification
of
the
payment
of
the
state
cost
shall
be
deemed
to
meet
all
of
the
state
funding-related
requirements
of
section
25B.2,
subsection
3,
and
no
additional
state
funding
shall
be
necessary
for
the
full
implementation
of
this
Act
by
and
enforcement
of
this
Act
against
all
affected
school
districts.
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2221,
Eighty-fourth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor
