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
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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withdrawn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
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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
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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
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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.
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