SB 501-1_ Filed 04/26/2001, 09:33
Adopted 4/29/2001

CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 501



Citations Affected: IC 12-17.2-2-1.5 ; IC 20-9.1-1-4.5 , IC 20-9.1-4 , IC 20-9.1-5 , IC 36-9-4-29.4.

Synopsis: Conference committee report for ESB 501. Transportation of children. Requires a person who transports children in the care of a child care center in a vehicle designed and constructed for the accommodation of more than 10 passengers to transport the children in a school bus or a special purpose bus. Requires the owner of a special purpose bus to present the special purpose bus for inspection at the time and place designated by the state police department. Defines a child care center so that the term does not include a child care home, a child care ministry, an unlicensed day care provider, or a residential child care institution. Permits the use of a public transportation system to transport children if the motor carriage used is designed to carry at least 20 passengers. Provides that a preschool operated by a school corporation, a public elementary school, a public secondary school, or a child care center is not prohibited from contracting with a common carrier for incidental charter bus service for non-regular transportation as long as the carrier and the carrier's motor coach complies with federal safety regulations. Provides that if before July 1, 2001, a person owns a vehicle other than a school bus or a special purpose bus that is used to transport school children, the vehicle may be used to transport children until June 30, 2006. (This conference committee report adds back the inclusion of child care centers that transport children in vehicles designed and constructed for more than 10 passengers and the definition of "child care center". It changes from 30 to 20 passengers the size of a public transportation carrier that may transport children and changes the date for use of nonconforming vehicles from June 30, 2007 to June 30, 2006. The report adds new language concerning presentation of special purpose buses for state police inspection and contracting with common carriers for incidental charter bus service for children.)

Effective: July 1, 2001.



Text Box

Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 501 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the Senate recede from its dissent from all House amendments and that the Senate now concur in all House amendments to the bill and that the bill be further amended as follows:

    Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
    "SECTION 1. IC 12-17.2-2-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1.5. (a) The division shall require all child care centers or child care homes to submit a report containing the names and birth dates of all children who are enrolled in the child care center or child care home within three (3) months from the date the child care center or child care home accepts its first child, upon receiving the consent of the child's parent, guardian, or custodian as required under subsection (b). The division shall require all child care centers and child care homes that receive written consent as described under subsection (b) to submit a monthly report of the name and birth date of each additional child who has been enrolled in or withdrawn in from the child care center or child care home during the preceding thirty (30) days.
    (b) The division shall require all child care centers or child care homes to request whether the child's parent, guardian, or custodian desires the center or home to include the child's name and birth date in the reports described under subsection (a) before enrolling the child in the center or home. No child's name or birth date may be included on the report required under subsection (a) without the signed consent of

the child's parent, guardian, or custodian. The consent form must be in the following form:
        "I give my permission for _____________________ (name of day care center or home) to report the name and birth date of my child or children to the division of family and children pursuant to IC 12-17.2-2-1.5.
        Name of child ____________________________________
        Birth date _______________________________________
        Signature of parent, guardian, or custodian
        _______________________________________________
        Date ____________________________________________"
    (c) The division shall submit a monthly report of the information provided under subsection (a) to the Indiana clearinghouse on missing children established under IC 10-1-7.
     (d) The division shall require that a person who transports children who are in the care of the child care center on a public highway (as defined in IC 9-25-2-4 ) within or outside Indiana in a vehicle designed and constructed for the accommodation of more than ten (10) passengers must comply with the same requirements set forth in IC 20-9.1-5-6.6 for a public elementary or secondary school or a preschool operated by a school corporation.".
    Page 2, between lines 9 and 10, begin a new paragraph and insert:
    "SECTION 4. IC 20-9.1-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) The state police department shall annually inspect all special purpose buses and school buses, including those operated by any private school to transport its pupils. The inspection of school buses shall determine whether each school bus complies with the safety requirements prescribed for school bus construction and equipment in the official rules and regulations of the state school bus committee.
    (b) The owner of a school bus or special purpose bus shall present the school bus or special purpose bus for the inspection required under subsection (a) at the time and place designated by the state police department.
    (c) If the inspection required under subsection (a) reveals that a school bus meets all prescribed safety requirements, the inspecting officer shall issue to the owner of the bus a certificate that the school bus has been inspected and that it complies with the prescribed safety requirements. Except as provided in subsections (e), (f), and (g), a certificate of inspection issued under this subsection is valid until September 30 of the school year following the school year for which the certificate is issued.
    (d) A school bus may not be used to transport passengers unless a valid certificate of inspection issued under subsection (c) is displayed as viewed from the outside on the lower left corner of the windshield of the school bus. However, if the left corner position obstructs the driver's view, the inspection sticker may be positioned on the bottom of the windshield so as to minimize the obstruction to the driver's view.
    (e) A school bus that is sold or has the ownership transferred to a new owner must be presented for an inspection under subsection (b) before the school bus may be used to transport passengers. If the school

bus meets the requirements specified in subsection (c), the state police department shall issue a new certificate of inspection for the school bus. A certificate of inspection issued under this subsection is valid until September 30 of the school year following the school year for which the certificate is issued.
    (f) In addition to the inspection required under subsection (a), a school bus that was manufactured at least twelve (12) years before the year for which a certificate of inspection is being sought must be presented for inspection not less than five (5) months nor more than seven (7) months after the inspection required under subsection (a) is completed. If the school bus meets the requirements specified in subsection (c), the state police department shall issue a new certificate of inspection for the school bus. A certificate of inspection issued for a school bus described in this subsection is valid for seven (7) months after the date of the certificate's issue.
    (g) If a school bus has received damage in an accident that has put the school bus out of service because of passenger safety concerns, the school bus must be presented for an inspection under subsection (b) before the school bus may be used to transport passengers. If the school bus meets the requirements specified in subsection (c), the state police department shall issue a new certificate of inspection for the school bus. A certificate of inspection issued under this subsection is valid until September 30 of the school year following the school year for which the certificate is issued.
    (h) The inspection of special purpose buses shall consist of an inspection to determine the existence and condition of the vehicle's:
        (1) brakes;
        (2) lights (headlamps, taillamps, brake, clearance lights, and turn signals);
        (3) steering and suspension;
        (4) exhaust systems;
        (5) general body condition; and
        (6) tires.
    (i) A school bus or special purpose bus must be maintained to meet the minimum standards set forth by the state school bus committee when transporting passengers.".
    Page 3, line 14, after "(a)" insert " As used in this section, "child care center" means a nonresidential building where at least one (1) child receives child care from a provider licensed under IC 12-17.2-4 :
        (1) while unattended by a parent, legal guardian, or custodian;
        (2) for regular compensation; and
        (3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.
    (b)
".
    Page 3, between lines 27 and 28, begin a new paragraph and insert:
    " (c) An individual or entity who transports children in the care of a child care center on a public highway (as defined in IC 9-25-2-4 ) within or outside of Indiana in a vehicle designed and constructed for the accommodation of more than ten (10)

passengers shall transport the children only in a school bus or a special purpose bus.".
    Page 3, line 28, delete "(b)" and insert " (d)".
    Page 3, line 30, delete "(a)" and insert " (b) or (c)".
    Page 3, line 32, delete "(a)" and insert " (b) or (c)".
    Page 3, line 34, delete "(c)" and insert " (e)".
    Page 3, line 36, delete "thirty (30)" and insert " twenty (20)".
    Page 3, between lines 37 and 38, begin a new paragraph and insert:
    " (f) This section does not prohibit a:
        (1) preschool operated by a school corporation;
        (2) public elementary school;
        (3) public secondary school; or
        (4) child care center;
from contracting with a common carrier for incidental charter bus service for non-regular transportation as long as the carrier and the carrier's motor coach comply with the Federal Motor Carrier Safety Regulations as prescribed by the United States Department of Transportation Federal Highway Administration.
".
    Page 5, line 2, delete "2007" and insert " 2006".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 501 as reprinted April 12, 2001.)




Conference Committee Report

on

Engrossed Senate Bill 501



Text Box

S

igned by:

    ____________________________    ____________________________
    Senator LandskeRepresentative Brown C
    Chairperson

    ____________________________    ____________________________
    Senator RogersRepresentative Hinkle

    Senate Conferees    House Conferees


CC050101/DI 22
2001