Session Law

Identifying Information:L. 2001 ch. 142
Other Identifying Information:2001 Senate Bill 115
Tax Type:Vehicles
Brief Description:An Act relating to school buses; concerning school transportation; modification of used school buses; amending K.S.A. 72-8313 and K.S.A. 2000 Supp. 8-1730a and 72-8301 and repealing the existing sections.
Keywords:


Body:

CHAPTER 142

SENATE BILL No. 115


An Act relating to school buses; concerning school transportation; modification of used

school buses; amending K.S.A. 72-8313 and K.S.A. 2000 Supp. 8-1730a and 72-8301

and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) Except as provided by subsection (b), any school

district or nonpublic school transporting students in a vehicle designed

for transporting more than 10 passengers in addition to the driver, shall

transport such students in a school bus, as defined in subsection (g) of

K.S.A. 72-8301, and amendments thereto, or in a bus other than a school

bus designated in clauses (3) and (4) of subsection (c) of K.S.A. 72-8301,

and amendments thereto.

(b) Notwithstanding the provisions of subsection (a), any school dis-

trict or nonpublic school which has purchased and has placed into oper-

ation prior to July 1, 2001, any motor vehicles designed for transporting

more than 10 passengers, but less than 15 passengers, and is not a school

bus, may continue to operate such motor vehicles for the purpose of

transporting students until July 1, 2005.

Sec. 2. K.S.A. 2000 Supp. 72-8301 is hereby amended to read as

follows: 72-8301. As used in this act:

(a) ``Board'' or ``board of education'' means the board of education of

any school district.

(b) ``School district'' means any unified school district organized and

operating under the laws of this state.

(c) The words ``provide or furnish transportation'' in addition to their

ordinary meaning shall mean and include the right of a school district to:

(1) Purchase, operate and maintain school buses and other motor vehicles;

(2) contract, lease or hire school buses and other motor vehicles for the

transportation of pupils, students and school personnel; (3) purchase, op-

erate and maintain buses other than school buses for the transportation

of pupils, students or school personnel to or from school-related functions

or activities; (4) contract, lease or hire buses other than school buses for

the transportation of pupils, students and school personnel if the buses

are owned and operated by a public common carrier of passengers under

a certificate of convenience and necessity granted by the state corporation

commission or the interstate commerce commission and are operating

within the authority granted to the public common carrier; and (5) re-

imburse persons who furnish transportation to pupils, students or school

personnel in privately owned motor vehicles.

(d) ``Student'' or ``pupil'' means any person regularly enrolled in a

school district and attending school in such school district or regularly

enrolled in a school district and attending school in another school district

in accordance with the provisions of an agreement entered into under

authority of K.S.A. 72-8233, and amendments thereto.

(e) ``Motor vehicle'' means every motor vehicle, as defined in K.S.A.

8-126, and amendments thereto, which is designed for transporting 14

10 passengers or less.

(f) ``Bus'' means every motor vehicle, as defined in K.S.A. 8-126, and

amendments thereto, which is designed for transporting more than 14 10

passengers in addition to the driver.

(g) ``School bus'' means: (1) Every bus designed primarily for the

transportation of pupils, students or school personnel to or from school

or to or from school-related functions or activities. This definition in-

cludes every such bus which is owned by a school district, or privately

owned and contracted for, leased or hired by a school district, and op-

erated for such transportation, and every such bus which is privately

owned and operated for such transportation, but does not include within

its meaning any bus designated in clauses (3) and (4) of subsection (c);

and (2) every bus designed for operation as a common carrier in urban

transportation. This definition includes every such bus which is owned

and operated for mass public transportation by a metropolitan transit

authority established under the provisions of article 28 of chapter 12 or

article 31 of chapter 13 of Kansas Statutes Annotated, and is contracted

for, leased or hired by a school district for the transportation of pupils,

students or school personnel to or from school or to or from school-

related functions or activities.

(h) ``State board'' means the state board of education.

Sec. 3. K.S.A. 72-8313 is hereby amended to read as follows: 72-

8313. (a) Except as provided in subsections (b) and (c), any individual,

firm, partnership, association or corporation who purchases a motor ve-

hicle, which was operated by the seller thereof as a school bus, as defined

in K.S.A. 8-1461, and any amendments thereto, is hereby required to

repaint such vehicle a color other than yellow and, except when such bus

is being used as a church bus or day care program bus as defined in K.S.A.

8-1730a, disassemble and remove the ``stop arm'' therefrom and discon-

nect all flashing or rotating warning lights on such vehicle before it is

operated on the public highways of this state for any purpose other than

those set forth in the definitions of a school bus referred to in K.S.A. 8-

1461, and amendments thereto.

(b) The provisions of subsection (a), shall not apply to a bus being

used as a church bus or day care program bus, as defined in K.S.A. 8-

1730a, and amendments thereto.

(c) Any not-for-profit organization, purchasing a used school bus un-

der subsection (a), shall not be required to repaint such bus.

Sec. 4. K.S.A. 2000 Supp. 8-1730a is hereby amended to read as

follows: 8-1730a. (a) As used in chapter 8 of Kansas Statutes Annotated,

``church bus'' means every motor vehicle bus owned by a religious organ-

ization, and operated for the transportation of persons to or from services

or activities of such religious organization. As used in this section, ``relig-

ious organization'' means any organization, church, body of communi-

cants or group, gathered in common membership for mutual edification

in piety, worship and religious observances, or a society of individuals

united for religious purposes at a definite place.

(b) As used in chapter 8 of Kansas Statutes Annotated ``day care pro-

gram'' means the same as is ascribed thereto in K.S.A. 39-1006, and

amendments thereto, and ``day care program bus'' means every motor

vehicle bus used primarily to carry out functions of a day care program

or used by a child care facility licensed by the Kansas department of health

and environment who provides transportation for children six through 18

years of age.

(c) Any church bus or day care program bus, in addition to any other

equipment and distinctive markings required by law, may be equipped

with: (1) Signal lamps which conform to the requirements of K.S.A. 8-

1730, and amendments thereto, and rules and regulations adopted pur-

suant thereto; and (2) a stop signal arm which conforms to requirements

applicable to school buses which have been adopted by rules and regu-

lations of the state board of education.

Sec. 5. K.S.A. 72-8313 and K.S.A. 2000 Supp. 8-1730a and 72-8301

are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 19, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001