Reprinted

March 7, 2001





SENATE BILL No. 501

_____


DIGEST OF SB 501 (Updated March 6, 2001 2:41 PM - DI 92)



Citations Affected: IC 12-17.2; IC 20-9.1; noncode.

Synopsis: Use of school buses to transport children. Requires a person that transports children in the care of a child care center, a preschool operated by a school corporation, a public elementary school, or a public secondary school to transport the children in a school bus or, in certain circumstances permitted under Indiana law, a special purpose bus. Defines a child care center so that the term does not include a child care home, a child care ministry, an unlicenced day care provider, or a residential child care institution. Requires the driver of the school bus or a special purpose bus to meet certain requirements under Indiana law. Amends the definition of "special purpose bus" to mean a vehicle that accommodates more than 10 passengers and meets federal school bus safety requirements with the exception of requirements of a signal arm and flashing lamps. Permits the use of a public transportation system to transport the children if the motor carriage used is designed to carry at least 30 passengers.

Effective: July 1, 2001.





Rogers, Landske, Antich




    January 22, 2001, read first time and referred to Committee on Transportation and Interstate Cooperation.
    March 1, 2001, amended, reported favorably _ Do Pass.
    March 6, 2001, read second time, amended, ordered engrossed.






Reprinted

March 7, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

SENATE BILL No. 501



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

    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 must transport the children only in a school bus (as defined in IC 20-9.1-1-5) or a special purpose bus (as defined in IC 20-9.1-1-4.5). This subsection does not prohibit the use of a public transportation system for the transportation of children if the motor carriage used is designed to carry at least thirty (30) passengers.
    (e) The driver of a:

        (1) school bus that transports children as required under subsection (d) shall meet the requirements of IC 20-9.1-3; and
        (2) special purpose bus that transports children as required under subsection (d) shall meet the requirements of IC 20-9.1-5-2.6.

    SECTION 2. IC 20-9.1-1-4.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4.5. Definition, "Special Purpose Bus". As used in this article, the term "special purpose bus" means any motor vehicle designed and constructed:
         (1) for the accommodation of more than six (6) ten (10) passengers;
         (2) that meets the federal school bus safety requirements under 49 U.S.C. 30125 except the:
            (A) stop signal arm required under federal motor vehicle safety standard (FMVSS) no. 131; and
            (B) flashing lamps required under federal motor vehicle

safety standard (FMVSS) no. 108; and
         (3) that is used by a school corporation for transportation purposes not appropriate for school buses.
    SECTION 3. IC 20-9.1-5-3.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3.6. (a) As used in this section, "developmentally disabled person" means a person who has a developmental disability (as defined in IC 12-7-2-61).
    (b) A special education cooperative operating under IC 36-1-7, IC 20-1-6-20, or IC 20-5-11, or a school corporation, may enter into an agreement with a state supported agency serving developmentally disabled persons whereby school buses or special purpose buses used by the special education cooperative or school corporation may be used to transport developmentally disabled persons who:
        (1) are two (2) years of age or older; and
        (2) live within the boundaries of the special education cooperative or school corporation;
to and from programs for the developmentally disabled.
    (c) An increased cost of transportation for developmentally disabled persons not reimbursed under IC 21-3-3.1 shall be borne by the persons transported or the state supported agency serving the developmentally disabled. However, a developmentally disabled person may not be required to pay for transportation provided under this section where the required payment is contrary to law.
    SECTION 4. IC 20-9.1-5-6.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6.6. (a) 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) An individual or entity who transports children in the care of a:
        (1) child care center;
        (2) preschool operated by a school corporation;
        (3) public elementary school; or
        (4) public secondary school;
on a public highway (as defined in IC 9-25-2-4) within or outside

of Indiana, shall transport the children only in a school bus. However, a special purpose bus may be used for transportation of the children to activities other than regular transportation between the residences of the children and the school.
    (c) The driver of a:
        (1) school bus that transports children as required under subsection (b) shall meet the requirements of IC 20-9.1-3; and
        (2) special purpose bus that transports children as required under subsection (b) shall meet the requirements of section 2.6 of this chapter.
    (d) This section does not prohibit the use of a public transportation system for the transportation of children if the motor carriage used is designed to carry thirty (30) or more passengers
.
    SECTION 5. [EFFECTIVE JULY 1, 2001] (a) If an individual or entity described in:
        (1) IC 20-9.1-5-6.6, as added by this act; or
        (2) IC 12-17.2-2-1.5, as amended by this act;
owns a vehicle other than a school bus (as defined in IC 20-9.1-1-5) or a special purpose bus (as defined in IC 20-9.1-1-4.5, as amended by this act) before July 1, 2001, the person may continue to use the vehicle to transport children until June 30, 2006.
    (b) If a person described in:
        (1) IC 20-9.1-5-6.6, as added by this act; or
        (2) IC 12-17.2-2-1.5, as amended by this act;
has contracted for the use of a vehicle other than a school bus (as defined in IC 20-9.1-1-5) or a special purpose bus (as defined in IC 20-9.1-1-4.5, as amended by this act) before July 1, 2001, the person may continue to use the vehicle to transport children until the contract expires.