Bill Text: IA SF339 | 2013-2014 | 85th General Assembly | Amended


Bill Title: A bill for an act relating to inspections of school buses and certain other vehicles used to transport children and making penalties applicable. (Formerly SSB 1205.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2014-03-26 - Passed subcommittee. [SF339 Detail]

Download: Iowa-2013-SF339-Amended.html
Senate File 339 - Reprinted SENATE FILE 339 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1205) (As Amended and Passed by the Senate March 13, 2013 ) A BILL FOR An Act relating to inspections of school buses and certain 1 other vehicles used to transport children and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 339 (4) 85 je/sc/bs
S.F. 339 Section 1. Section 285.8, subsection 4, Code 2013, is 1 amended to read as follows: 2 4. a. Inspect or cause to be inspected all vehicles used 3 as school buses to transport school children and all vehicles 4 otherwise regularly used to transport children to determine 5 if such vehicles meet all legal and established standards 6 of construction and can be operated with safety, comfort, 7 and economy. When it is determined that further use of such 8 vehicles is dangerous to the pupils children transported and to 9 the safety and welfare of the traveling public, the department 10 of education shall order such vehicle to be withdrawn from 11 further use on a specified date . School buses and vehicles 12 otherwise regularly used to transport children which do not 13 conform to the requirements of the department of education may 14 be issued a temporary certificate of operation provided that 15 such school buses vehicles can be operated with safety, and 16 provided further that no such certificate shall be issued for a 17 period in excess of one year thirty days . All equipment can be 18 required to be altered, or safety equipment added , in order to 19 make vehicles reasonably safe for operation. A vehicle which 20 does not pass an inspection shall be subject to a subsequent 21 inspection within not more than thirty days. A vehicle which 22 does not pass a subsequent inspection shall be removed from 23 service until such time as the vehicle passes an inspection. 24 New buses and vehicles otherwise regularly used to transport 25 children, after initial inspection and approval , shall be 26 issued a seal of inspection. After each annual inspection a 27 seal of inspection and approval shall be issued. Said The 28 seals shall be mounted on the lower right hand corner of the 29 windshield. 30 b. The state board of education shall adopt rules for 31 required, uniform inspections of vehicles otherwise regularly 32 used to transport children. Such rules shall allow for 33 inspections to be conducted by qualified private automobile 34 mechanics or the department of education. 35 -1- SF 339 (4) 85 je/sc/bs 1/ 4
S.F. 339 c. For purposes of this subsection, “vehicle otherwise 1 regularly used to transport children” means the same as defined 2 in section 321.1, subsection 91A. 3 Sec. 2. Section 321.1, Code 2013, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 91A. “Vehicle otherwise regularly used 6 to transport children” means every vehicle operated for the 7 transportation of children, except for the following: 8 a. School buses. 9 b. Vehicles privately owned and not operated for 10 compensation. 11 c. Vehicles used exclusively to transport children in the 12 immediate family of the driver. 13 d. Vehicles used to provide transportation service available 14 to the general public, whether or not for compensation. 15 e. Authorized emergency vehicles. 16 f. Vehicles incidentally used to transport children. 17 Sec. 3. Section 321.373, subsection 1, Code 2013, is amended 18 to read as follows: 19 1. Every school bus except private passenger vehicles 20 used as school buses and every vehicle otherwise regularly 21 used to transport children shall be constructed and equipped 22 to meet safety standards prescribed in rules adopted by the 23 state board of education. Such rules shall conform to safety 24 standards set forth in federal laws and regulations and shall 25 conform, insofar as practicable, to the minimum standards 26 for school buses recommended by the national conference on 27 school transportation administered by the national commission 28 on safety education and published by the national education 29 association. 30 Sec. 4. Section 321.374, Code 2013, is amended to read as 31 follows: 32 321.374 Inspection —— seal of approval. 33 No A vehicle shall not be put into service as a school 34 bus or as a vehicle otherwise regularly used to transport 35 -2- SF 339 (4) 85 je/sc/bs 2/ 4
S.F. 339 children until it is given an original inspection to determine 1 if it meets all legal and established uniform standards of 2 construction for the protection of the health and safety of 3 children to be transported. Vehicles which are approved shall 4 be issued a seal of approval by the director of the department 5 of education. All vehicles used as school buses or vehicles 6 otherwise regularly used to transport children shall be given a 7 safety inspection at least once a year. Buses Vehicles passing 8 the inspection shall be issued an inspection seal of approval 9 by the director of the department of education. The seal of 10 original inspection and the annual seal of inspection shall be 11 affixed to the lower right hand corner of the windshield. A 12 vehicle which does not pass the inspection shall be subject to 13 a subsequent inspection within not more than thirty days. A 14 vehicle which does not pass a subsequent inspection shall be 15 removed from service until such time as the vehicle passes an 16 inspection. 17 Sec. 5. Section 321.379, Code 2013, is amended to read as 18 follows: 19 321.379 Violations. 20 A school board, individual, or organization shall not 21 purchase, construct, or contract for use, to transport pupils 22 to or from school children , any school bus or vehicle otherwise 23 regularly used to transport children which does not comply with 24 the minimum requirements of section 321.373 and any individual, 25 or any member or officer of such board or organization who 26 authorizes, the purchase, construction, or contract for any 27 such bus vehicle not complying with these minimum requirements 28 commits a simple misdemeanor. 29 Sec. 6. Section 331.653, subsection 32, Code 2013, is 30 amended to read as follows: 31 32. Enforce sections 321.372 to 321.379 relating to school 32 buses and vehicles otherwise regularly used to transport 33 children . 34 Sec. 7. STATE MANDATE FUNDING SPECIFIED. In accordance 35 -3- SF 339 (4) 85 je/sc/bs 3/ 4
S.F. 339 with section 25B.2, subsection 3, the state cost of requiring 1 compliance with any state mandate included in this Act shall 2 be paid by a school district from state school foundation aid 3 received by the school district under section 257.16. This 4 specification of the payment of the state cost shall be deemed 5 to meet all of the state funding-related requirements of 6 section 25B.2, subsection 3, and no additional state funding 7 shall be necessary for the full implementation of this Act 8 by and enforcement of this Act against all affected school 9 districts. 10 -4- SF 339 (4) 85 je/sc/bs 4/ 4
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