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enrolled in or withdrawn in from the child care center or child care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 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.
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 20-9.1-4-4.5, AS ADDED BY P.L.51-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 4.5. (a) As used in this section, "committee" refers
to the state school bus committee created by this chapter.
(b) The committee shall adopt and enforce rules under IC 4-22-2 to
require that each new school bus operated by or on behalf of a school
corporation bear
(1) the name of the school district on the top of the school bus;
and
(2) the number of the school district on the back of the school bus
in black letters that are between four (4) inches and six (6) inches
high.
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.
SECTION 5. IC 20-9.1-5-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3.5. (a) In addition to
the exemptions granted in this chapter and notwithstanding the
provisions of section 18 of this chapter, any school corporation may
permit a school bus operated under a fleet or transportation contract,
and not owned in whole or in part by a public agency, to be used for
transporting any group or organization for any distance, if that group
or organization agrees to maintain the condition of the bus and to
maintain order on the bus while in use.
(b) When authorizing such transportation, the school corporation
shall require the owner of the bus to:
(1) obtain written authorization of the superintendent of the
contracting school corporation;
(2) clearly identify the bus with the name of the sponsoring group;
and
(3) provide proof to the superintendent and the sponsoring group
of financial responsibility, as required by IC 9-25 and
IC 20-9.1-2-6 for such transportation.
(c) The governing body of a school corporation may permit, by
written authorization, the use of school buses owned in whole or in
part by the school corporation for the transportation needs of a
fair or festival operated by or affiliated with a nonprofit
organization exempt from federal taxation under Section 501(c)(3)
through 501(c)(7) of the Internal Revenue Code.
SECTION 6. 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 7. 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)
This subsection does not apply to a developmentally disabled
or physically disabled person who is provided transportation by a
school corporation by means of a special purpose bus as provided
in section 2.6(a)(3) of this chapter. An individual or entity who
transports children in the care of a:
(1) preschool operated by a school corporation;
(2) public elementary school; or
(3) 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) 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.
(d)
The operator of a:
(1) school bus that transports children as required under
subsection
(b) or (c)
shall meet the requirements of
IC 20-9.1-3; and
(2) special purpose bus that transports children as required
under subsection
(b) or (c)
shall meet the requirements of
section 2.6(c) of this chapter.
(e)
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
twenty (20)
or more
passengers.
(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.
SECTION 8. IC 20-9.1-5-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 22. Penalties. (a)
Except as provided in subsection (b) or in another section of this
article, a person who violates chapter 2, 2.5, 3, 4, or 5 of this article
commits a Class C misdemeanor.
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 IC 20-9.1-5-6.6, as added 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.