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.
MR. PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
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.)
____________________________ ____________________________
Senator LandskeRepresentative Brown C
Chairperson
____________________________ ____________________________
Senator RogersRepresentative Hinkle
Senate Conferees House Conferees