Bill Text: IA SF58 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act allowing certain vans and pickups to be used to transport pupils to activity events or from school to home in emergency situations. (See SF 197.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-06 - Committee report approving bill, renumbered as SF 197. S.J. 249. [SF58 Detail]
Download: Iowa-2019-SF58-Introduced.html
Senate
File
58
-
Introduced
SENATE
FILE
58
BY
SHIPLEY
A
BILL
FOR
An
Act
allowing
certain
vans
and
pickups
to
be
used
to
1
transport
pupils
to
activity
events
or
from
school
to
home
2
in
emergency
situations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.1,
subsection
69,
paragraph
d,
Code
1
2019,
is
amended
to
read
as
follows:
2
d.
Designed
New
or
used
motor
vehicles
designed
to
carry
3
not
more
than
nine
persons
as
passengers
,
including
the
driver,
4
or
used
passenger
vans
designed
to
carry
not
more
than
twelve
5
persons
as
passengers,
including
the
driver
,
either
school
6
owned
or
privately
owned,
which
are
used
to
transport
pupils
7
to
activity
events
in
which
the
pupils
are
participants
or
8
used
to
transport
pupils
to
their
homes
in
case
of
illness
or
9
other
emergency
situations.
The
vehicles
operated
under
the
10
provisions
of
this
paragraph
shall
be
operated
by
employees
of
11
the
school
district
who
are
specifically
approved
by
the
local
12
superintendent
of
schools
for
the
assignment.
13
Sec.
2.
Section
321.373,
subsection
3,
Code
2019,
is
amended
14
to
read
as
follows:
15
3.
a.
The
rules
prescribed
for
school
buses
shall
include
16
special
rules
for
passenger
automobiles,
and
other
vehicles
17
designed
to
carry
eight
or
fewer
pupils,
when
used
as
school
18
buses.
19
b.
The
rules
shall
allow
pickups
designed
to
carry
nine
20
passengers
or
less,
including
the
driver,
and
weighing
ten
21
thousand
pounds
or
less,
to
be
used
as
school
buses
if
the
22
pickup
does
not
carry
more
passengers
than
there
are
safety
23
belts
or
safety
harnesses
in
the
pickup
as
installed
by
the
24
manufacturer
and
if
the
pickup
is
not
operated
while
any
25
passenger
is
present
in
the
bed
of
the
pickup.
The
operator
26
of
the
pickup
shall
comply
with
the
qualification,
licensing,
27
and
instruction
requirements
set
forth
in
sections
321.375
and
28
321.376,
other
than
the
requirement
to
obtain
a
commercial
29
driver’s
license.
However,
the
rules
shall
allow
the
board
of
30
directors
of
a
school
district
to
prohibit
the
use
of
pickups
31
as
school
buses
by
the
school
district.
32
c.
The
rules
shall
allow
used
passenger
vans
designed
to
33
carry
twelve
or
fewer
passengers,
including
the
driver,
and
34
weighing
ten
thousand
pounds
or
less,
to
be
used
as
school
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buses
if
the
van
does
not
carry
more
passengers
than
there
are
1
safety
belts
or
safety
harnesses
in
the
van
as
installed
by
2
the
manufacturer.
The
operator
of
the
van
shall
comply
with
3
the
qualification,
licensing,
and
instruction
requirements
set
4
forth
in
sections
321.375
and
321.376.
5
d.
A
pickup
or
passenger
van
operated
pursuant
to
rules
6
described
in
paragraph
“b”
or
“c”
is
subject
to
the
limitations
7
set
forth
in
section
321.1,
subsection
69,
paragraph
“d”
.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
CURRENT
IOWA
LAW.
Under
current
law,
motor
vehicles
12
designed
to
carry
not
more
than
nine
persons
as
passengers,
13
either
school
owned
or
privately
owned,
are
excluded
from
the
14
definition
of
“school
bus”
under
Code
section
321.1,
thereby
15
excluding
such
vehicles
from
the
duties
and
requirements
16
relating
to
school
buses
set
forth
in
Code
chapter
321
17
(motor
vehicles
and
law
of
the
road).
To
qualify
under
the
18
exclusion,
a
vehicle
must
be
used
to
transport
pupils
to
19
activity
events
in
which
the
pupils
are
participants
or
used
20
to
transport
pupils
to
their
homes
in
case
of
illness
or
other
21
emergency
situations,
and
must
be
operated
by
an
employee
of
22
the
school
district
who
is
specifically
approved
by
the
local
23
superintendent
of
schools
for
the
assignment.
24
Administrative
rules
of
the
department
of
education
regulate
25
type
III
vehicles
used
as
school
buses.
Under
281
IAC
44.2(5),
26
type
III
vehicles
are
not
regular
school
buses
but
are
used
27
to
transport
students
in
a
school-related
context
and
may
28
be
marked
as
a
school
bus.
A
type
III
vehicle
is
a
van
or
29
passenger
car,
including
a
minivan,
sport
utility
vehicle,
or
30
station
wagon.
The
difference
between
a
family
automobile
and
31
an
equivalent
type
III
vehicle
is
not
the
vehicle
itself,
but
32
rather
its
use,
as
type
III
vehicles
are
used
by
schools
for
33
purposes
of
student
transportation.
To
qualify
as
a
type
III
34
vehicle,
the
vehicle
must
carry
a
maximum
of
nine
or
fewer
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people,
including
the
driver,
and
weigh
10,000
pounds
or
less.
1
Under
281
IAC
44.5(1),
vehicles
classified
as
pickups
are
not
2
allowed
to
be
used
for
student
transportation.
All
type
III
3
vehicles
are
prohibited
from
carrying
more
passengers
than
4
there
are
seat
belts
as
installed
by
the
manufacturer
(281
5
IAC
44.5(1)(d)).
In
addition,
trailer
hitches
are
allowed
on
6
type
III
vehicles
in
accordance
with
the
manufacturer’s
rated
7
towing
capacity,
but
students
are
not
allowed
to
be
transported
8
in
the
vehicle
when
the
vehicle
is
being
used
to
tow
(281
IAC
9
44.5(2)(j)).
10
Any
person
who
operates
or
allows
the
operation
of
any
11
vehicle
as
a
school
bus
which
does
not
comply
with
the
12
requirements
provided
by
law
or
by
the
rules
and
regulations
of
13
the
department
of
education,
or
for
which
there
is
not
a
valid
14
temporary
certificate
for
operation,
is
guilty
of
a
simple
15
misdemeanor
(Code
section
285.14).
The
department
of
education
16
is
required
to
review
all
transportation
arrangements
when
17
deemed
necessary,
to
disapprove
any
arrangements
that
are
not
18
in
conformity
with
the
law
and
established
standards,
and
to
19
require
the
arrangements
to
be
altered
or
changed
so
that
they
20
do
conform
with
the
law
and
established
standards
(Code
section
21
285.8).
22
CURRENT
FEDERAL
LAW.
49
U.S.C.
§30112(a)(1)
prohibits
the
23
manufacture,
sale,
or
import
of
a
motor
vehicle
that
does
not
24
comply
with
applicable
motor
vehicle
safety
standards
if
the
25
vehicle
was
manufactured
on
or
after
the
date
an
applicable
26
safety
standard
took
effect.
The
provision
does
not
apply
27
after
the
first
purchase
of
the
motor
vehicle
in
good
faith
28
other
than
for
resale.
Therefore,
the
provision
prohibits
the
29
sale
of
a
new
motor
vehicle
for
use
as
a
school
bus
if
the
motor
30
vehicle
does
not
meet
applicable
federal
safety
standards
for
31
school
buses.
Under
federal
law,
a
school
bus
is
a
passenger
32
motor
vehicle
designed
to
carry
a
driver
and
more
than
10
33
passengers
that
is
used
significantly
to
transport
students
to
34
or
from
school
or
an
event
related
to
school.
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PICKUPS.
This
bill
requires
the
administrative
rules
to
1
allow
pickups
designed
to
carry
nine
passengers
or
less,
2
including
the
driver,
and
weighing
10,000
pounds
or
less,
to
3
be
used
as
school
buses.
Under
Code
section
321.1,
a
“pickup”
4
is
any
motor
vehicle
designed
to
carry
merchandise
or
freight
5
of
any
kind,
not
to
exceed
2,000
pounds.
The
bill
prohibits
6
the
pickup
from
carrying
more
passengers
than
there
are
safety
7
belts
or
safety
harnesses
in
the
pickup
as
installed
by
the
8
manufacturer,
and
from
operating
while
any
passenger
is
present
9
in
the
bed
of
the
pickup.
The
operator
of
the
pickup
must
10
comply
with
the
qualification,
licensing,
and
instruction
11
requirements
set
forth
in
Code
sections
321.375
(school
bus
12
drivers,
qualifications,
and
grounds
for
suspension)
and
13
321.376
(license,
authorization,
and
instruction
requirement),
14
other
than
the
requirement
to
obtain
a
commercial
driver’s
15
license.
However,
the
bill
provides
that
the
rules
must
allow
16
the
board
of
directors
of
a
school
district
to
prohibit
the
use
17
of
pickups
as
school
buses
by
the
school
district.
18
PASSENGER
VANS.
The
bill
excludes
from
the
definition
19
of
“school
bus”
under
Code
section
321.1
used
passenger
vans
20
designed
to
carry
not
more
than
12
persons
as
passengers,
21
including
the
driver.
The
bill
requires
the
administrative
22
rules
to
allow
used
passenger
vans
designed
to
carry
12
or
23
fewer
passengers,
including
the
driver,
and
weighing
10,000
24
pounds
or
less,
to
be
used
as
school
buses
if
the
van
does
25
not
carry
more
passengers
than
there
are
safety
belts
or
26
safety
harnesses
in
the
van
as
installed
by
the
manufacturer.
27
The
operator
of
the
van
must
comply
with
the
qualification,
28
licensing,
and
instruction
requirements
set
forth
in
Code
29
sections
321.375
and
321.376.
30
LIMITATION.
The
bill
specifies
that
pickups
and
passenger
31
vans
operated
as
school
buses
under
the
administrative
rules
32
described
in
the
bill
are
subject
to
the
limitations
set
forth
33
under
the
provision
of
Code
section
321.1
that
excludes
such
34
vehicles
from
the
definition
of
“school
bus”,
namely
that
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such
vehicles
must
be
used
to
transport
pupils
to
activity
1
events
in
which
the
pupils
are
participants
or
used
to
2
transport
pupils
to
their
homes
in
case
of
illness
or
other
3
emergency
situations,
and
must
be
operated
by
an
employee
of
4
the
school
district
who
is
specifically
approved
by
the
local
5
superintendent
of
schools
for
the
assignment.
6
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LSB
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(7)
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5/
5