SB 131--Am. by H
As Amended by House Committee
Session of 1997
By Senator Karr

10 AN ACT concerning school districts buses; relating to policies for the 11 use of school buses for purposes other than pupil transportation the 12 operation and use thereof; amending K.S.A. 1996 Supp. 8-2009a 13 and 72-8316 and repealing the existing section sections. 14 15 Be it enacted by the Legislature of the State of Kansas: 16 Section 1. K.S.A. 1996 Supp. 72-8316 is hereby amended to read as 17 follows: 72-8316. (a) Any board of education, pursuant to a policy devel- 18 oped and adopted by it, may provide for the use of district-owned or 19 leased school buses when such buses are not being used for regularly 20 required school purposes. 21 The policy may provide for: 22 (1) (A) Transporting parents and other adults to or from school-re- 23 lated functions or activities, (B) transporting pupils to or from functions 24 or activities sponsored by organizations, the membership of which is prin- 25 cipally composed of children of school age, and (C) transporting persons 26 engaged in field trips in connection with their participation in an adult 27 education program maintained by the transporting school district or by 28 any other school district, within or outside the boundaries of the trans- 29 porting school district; and 30 (2) contracting with (A) the governing body of any township, city or 31 county for transportation of senior citizen individuals, groups or organi- 32 zations, (B) the governing authority of any nonpublic school for trans- 33 portation of pupils attending such nonpublic school to or from interschool 34 or intraschool functions or activities, (C) the board of trustees of any 35 community college for transportation of students attending enrolled in 36 such community college to or from attendance at class at the com- 37 munity college or to and from functions or activities of the community 38 college, (D) a public recreation commission established and operated un- 39 der the laws of this state, for any purposes related to the operation of the 40 recreation commission and all programs and services thereof, (E) the 41 board of education of any other school district for transportation, on a 42 cooperative and shared-cost basis, of pupils, school personnel, parents 43 and other adults to or from school-related functions or activities, or (F) SB 131--Am. by H

 1  a four-year college or university, area vocational school or area vocational-
 2  technical school for transportation of students to or from attendance
 3  at class at the four-year college or university, area vocational
 4  school or area vocational-technical school or for transportation of
 5  students, alumni and other members of the public to or from functions
 6  or activities of the four-year college or university, area vocational school
 7  or area vocational-technical school.
 8    (b)  The costs related to the use of school buses under authority of
 9  this section shall not be considered in determining the transportation
10  weighting of a school district under article 64 of chapter 72 of Kansas
11  Statutes Annotated.
12    (c)  Transportation fees may be charged by the board to offset, totally
13  or in part, the costs incurred for the use of school buses under authority
14  of this section.
15    (d)  Any revenues received by a board of education as transportation
16  fees or under any contract entered into pursuant to this section shall be
17  deposited in the transportation fund of the district and may be expended
18  whether the same have been budgeted or not.
19    (e)  The provisions of subsection (c) of K.S.A. 8-1556, and amend-
20  ments thereto, apply to the use of school buses under authority of this
21  section.
22    New Sec. 2.  (a) The board of education of any school district,
23  pursuant to a policy developed and adopted by the board, may
24  provide that whenever the school district furnishes school bus
25  transportation for pupils of the school district to or from at-
26  [chtendance at class in an area vocational school, area vocational-
27  technical school, technical college, community college, or four-
28  year college or university, adults who are students enrolled at any
29  such educational institution may be furnished such school bus
30  transportation to or from attendance at class, on a space available
31  basis, along with the pupils of the school district. Whenever any
32  school district shall furnish transportation for adult students pur-
33  suant to a policy adopted under authority of this section, such
34  transportation shall be furnished subject to such terms and con-
35  ditions as the board of education of the school district shall impose.
36    (b)  Fees for the furnishing of transportation for adult students
37  pursuant to a policy adopted under authority of this section may
38  be charged such adult students to offset, totally or in part, any costs
39  incurred by a school district in the furnishing of such transporta-
40  tion, or such transportation may be furnished free of charge. Any
41  revenues received by a board of education as fees charged adult
42  students for transportation furnished under authority of this sec-
43  tion shall be deposited in the transportation fund of the district
SB 131--Am. by H

 1  and may be expended whether the same have been budgeted or
 2  not.
 3    Sec. 3.  K.S.A. 1996 Supp. 8-2009a is hereby amended to read
 4  as follows: 8-2009a. (a) Every school bus, as defined in K.S.A. 8-
 5  1461, and amendments thereto, shall be governed by the require-
 6  ments of law and rules and regulations of the state board of edu-
 7  cation applicable to design, lighting equipment, distinctive
 8  markings, special warning devices, and any other equipment which
 9  are in effect on the date any such school bus is purchased or oth-
10  erwise acquired, and shall be exempt from the requirements of
11  law and rules and regulations which become effective at any time
12  during a period of 12 20 years from the date of manufacture of
13  such school bus, except that any school bus which was in operation
14  on the effective date of this act July 1, 1994, and exceeds such 12-year
15  20-year period shall be exempt until July 1, 1998. The state board
16  of education is hereby required to approve any such school bus as
17  to design, and as to lighting equipment, special warning devices,
18  distinctive markings, and any other equipment required by law
19  and rules and regulations, for operation as a school bus during
20  such exemption period upon submission of a request for such ap-
21  proval.
22    (b)  The state board of education is authorized to establish the
23  procedure to be followed when request for approval of any such
24  school bus is submitted under this section. The approval shall be
25  in writing and a copy of the written approval shall be carried in
26  the school bus at all times, but failure to carry such copy of the
27  written approval shall not affect the status of the school bus as an
28  approved school bus. The state board of education shall maintain
29  a list of all such school buses which have been approved by the
30  board.
31    Sec. 2 4.  K.S.A. 1996 Supp. 72-8316 is 8-2009a and 72-8316 are
32  hereby repealed.
33    Sec. 3 5.  This act shall take effect and be in force from and after its
34  publication in the statute book.