Brief ⁽¹⁾

SB 115 relates to school bus matters.

Modification of Used School Buses. This part of the bill would:

• Add an exemption from the requirement that a vehicle be repainted and otherwise altered for those persons purchasing a used school bus to include licensed child care facilities transporting children age 6 through 18;
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• Expand the definition of "day care program bus," which currently includes only day care programs for mentally retarded and other disabled children, to include those being used by licensed child care facilities; and
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• Add a new exception from the requirement to repaint a used school bus purchased for other uses by providing that no not-for-profit organization is required to repaint such bus.

Nonconforming Vans. SB 115 also would prohibit school districts or nonpublic schools from using nonconforming vans to transport students to and from school or to and from school-related activities. A nonconforming van is one which transports more than ten passengers including the driver and does not conform to federal motor vehicle safety standards as they apply to school buses. School districts or nonpublic schools would have until July 1, 2004, to continue using nonconforming vans.

The bill would take effect from and after its publication in the Kansas Register.

Background

The General Executive of the Wichita YMCA testified in support of the bill as it pertained to modification of school buses. He said that raising money to repaint 11 school buses would cost between $30,000 to $35,000. He also said that the YMCA's yellow buses help alert the public that the Association is transporting children. There were no other conferees.

The Senate Transportation and Tourism Committee added the language pertaining to"day care program bus."

The Senate Committee of the Whole amendments add a new exception and correct references to child care facilities.

The House Transportation Committee added the provisions of SB 21 to SB 115. SB 21, which pertains to the transportation of students in nonconforming vans, received hearings in the Senate Transportation and Tourism Committee. The bill remains in that Committee.

In recent years the use of passenger vans with capacities of more than ten passengers to transport children to and from school or school-related activities has become a significant issue. In an apparent attempt to save money, some school districts have purchased or leased passenger vans in lieu of school buses. Under federal law, any motor vehicle designed to carry more than ten persons is classified as a bus. Kansas adopted this definition in 1978. Federal law further classifies a bus as a school bus if it is used or intended for use in transporting students to and from school and school-related activities. Federal law also prohibits dealers from selling or leasing a motor vehicle with a capacity of more than ten passengers for transporting students to and from school or to and from school-related activities, unless the vehicle complies with applicable Federal Motor Vehicle Safety Standards for school buses. Federal law, however, does not address the use of nonconforming vans by states. Thus, some states have passed legislation to allow school districts to use these vans to transport students. Kansas is one of about 15 states which allows the use of nonconforming vans for school bus transportation. This change was made in 1997. The change to allow the use of nonconforming vans to transport children has raised the issue of the safety of these vans. Opponents of the change to allow the use of nonconforming vans assert that these vehicles do not meet the safety requirements of school buses and pose a potential danger to students.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi