February 20, 2004
ENGROSSED
HOUSE BILL No. 1253
_____
DIGEST OF HB 1253
(Updated February 18, 2004 2:45 pm - DI 71)
Citations Affected: IC 20-9.1.
Synopsis: Special purpose school buses. Allows a school corporation
to use special purpose buses to provide regular transportation of school
children from one school to another school.
Effective: July 1, 2004.
Robertson, Goodin
, Thompson
(SENATE SPONSORS _ SERVER, YOUNG R)
January 15, 2004, read first time and referred to Committee on Education.
January 26, 2004, amended, reported _ Do Pass.
January 29, 2004, read second time, ordered engrossed. Engrossed.
February 2, 2004, read third time, passed. Yeas 93, nays 0.
SENATE ACTION
February 3, 2004, read first time and referred to Committee on Education and Career
Development.
February 19, 2004, reported favorably _ Do Pass.
February 20, 2004
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2003 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1253
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-9.1-1-4.5; (04)EH1253.1.1. -->
SECTION 1. IC 20-9.1-1-4.5, AS AMENDED BY P.L.129-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 4.5. As used in this article, the term "special
purpose bus" means any motor vehicle designed and constructed:
(1) for the accommodation of more than ten (10) passengers;
(2) that:
(A) meets the federal school bus safety requirements under 49
U.S.C. 30125 except the:
(i) stop signal arm required under federal motor vehicle
safety standard (FMVSS) no. 131; and
(ii) flashing lamps required under federal motor vehicle
safety standard (FMVSS) no. 108;
(B) when owned by a school corporation and used to transport
children, complies with the Federal Motor Carrier Safety
Regulations as prescribed by the United States Department of
Transportation Federal Motor Carrier Safety Administration as
set forth in 49 CFR Chapter III Subchapter B; or
(C) when owned by a school corporation and used to transport
children, is a motor coach type bus with a capacity of thirty
(30) or more passengers and a gross vehicle weight rating
greater than twenty-six thousand (26,000) pounds; and
(3) that is used by a school corporation for transportation
purposes not appropriate for school buses. under IC 20-9.1-5-2.6.
SOURCE: IC 20-9.1-5-2.6; (04)EH1253.1.2. -->
SECTION 2. IC 20-9.1-5-2.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2.6. (a) A special
purpose bus:
(1) may
not be used by a school corporation to provide regular
transportation of school children
other than those provided for in
subdivision (3): between their residence and the school; between
one (1) school and another school but not between their
residence and the school.
(2) may be used to transport school children and their supervisors,
including coaches, managers, and sponsors to athletic, other
extracurricular school activities, and field trips; and
(3) may be used by a school corporation to provide transportation
between their residence and the school for persons enrolled in
a special program for the habilitation or rehabilitation of
developmentally disabled or physically disabled persons.
(b) The mileage limitation of section 2 of this chapter does not apply
to special purpose buses.
(c) The operator of a special purpose bus must be at least
twenty-one (21) years of age, must be authorized by the school
corporation, and must meet the following requirements:
(1) If the bus has a capacity of less than sixteen (16) passengers,
the operator must hold a valid operator's, chauffeur's, or public
passenger chauffeur's license.
(2) If the bus has a capacity of more than fifteen (15) passengers,
the operator must meet the requirements for a school bus driver
set out in IC 20-9.1-3.
(d) A special purpose bus is not required to be constructed,
equipped, or painted as specified for school buses under this article or
by the rules of the state school bus committee.
(e) An owner or operator of a special purpose bus, other than one
owned or operated by a school corporation or a private school, is
subject to IC 8-2.1.