BILL NUMBER: SB 1072 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2016
AMENDED IN SENATE APRIL 7, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Mendoza
(Coauthor: Assembly Member Calderon)
FEBRUARY 16, 2016
An act to amend Sections 39831.3, 39860, and 40085 of, and to add
Section 39843 to, the Education Code, and to amend Section 13370 of,
and to add Article 18 (commencing with Section 28160) to Chapter 5 of
Division 12 of, the Vehicle Code, relating to schoolbus safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 1072, as amended, Mendoza. Schoolbus safety: child safety
alarm alert system.
Existing law requires the county superintendent of schools, the
superintendent of a school district, or the owner or operator of a
private school that provides transportation to or from a school or
school activity to prepare a transportation safety plan containing
procedures for school personnel to follow to ensure the safe
transport of pupils, as prescribed.
This bill would require that plan to include procedures
to ensure that a pupil is not left unattended on a schoolbus, school
pupil activity bus, or youth bus be included in that plan.
bus, and procedures and standards for
designating an adult chaperone, other than the driver, to accompany
pupils on a school pupil activity bus. The bill would additionally
require a charter school to prepare this plan.
Existing law authorizes the governing board of a school district
to contract for the transportation of pupils attending schools within
the district, as specified.
This bill would require the governing board of a school district
to require that any contract for the transportation of pupils
includes the requirement that a pupil shall not be left unattended on
a schoolbus, school pupil activity bus, or youth bus, as provided.
Existing law requires applicants seeking to renew a certificate to
drive a schoolbus or a school pupil activity bus to complete
classroom instruction and training, as specified.
This bill would require that classroom instruction to also cover
the inspection procedures to ensure pupils are not left unattended on
a schoolbus or school pupil activity bus.
Existing law authorizes the Department of Motor Vehicles to refuse
to issue or renew, and to revoke or suspend, a schoolbus, school
pupil activity bus, or youth bus driver certificate under certain,
listed conditions.
This bill would require certain school officials to notify the
department when a driver of such a bus has left a pupil unattended
onboard, and onboard after a
specified school entity or the driver's employer has ordered and
upheld disciplinary action against the driver for the
driver's actions and has made a finding that the driver's actions
constituted gross negligence. The bill would authorize the
department to refuse to issue or renew, and to revoke or suspend, a
bus driver certificate on these grounds. The bill would permit a
former applicant or holder of a certificate whose certificate was
revoked pursuant to these provisions to reapply for a certificate if
the certificate revocation is reversed or dismissed by the
department.
Existing law requires all schoolbuses to be equipped with certain
safety features, as specified.
This bill would require, on or before the beginning of the 2018-19
school year, schoolbuses, school pupil activity buses, and
except as provided, youth buses
buses, and child care motor vehicles to be
equipped with a "child safety alarm alert
system," which is a device located at the interior rear of a
vehicle that requires the driver to either manually
contact or scan the device before exiting the vehicle,
thereby prompting the driver to inspect the entirety of the interior
of the vehicle before exiting.
Because a violation of the above requirement would be a Vehicle
Code infraction, the bill would impose a state-mandated local program
by creating new crimes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the Paul
Lee School Bus Safety Law.
SEC. 2. Section 39831.3 of the Education Code is amended to read:
39831.3. (a) The county superintendent of schools, the
superintendent of a school district, a charter school, or
the owner or operator of a private school that provides
transportation to or from a school or school activity shall prepare a
transportation safety plan containing procedures for school
personnel to follow to ensure the safe transport of pupils. The plan
shall be revised as required. The plan shall address all of the
following:
(1) Determining if pupils require escort pursuant to paragraph (1)
of subdivision (d) of Section 22112 of the Vehicle Code.
(2) (A) Procedures for all pupils in prekindergarten,
kindergarten, and grades 1 to 8, inclusive, to follow as they board
and exit the appropriate schoolbus at each pupil's schoolbus stop.
(B) Nothing in this paragraph requires a county superintendent of
schools, the superintendent of a school district, a charter
school, or the owner or operator of a private school that
provides transportation to or from a school or school activity, to
use the services of an onboard schoolbus monitor, in addition to the
driver, to carry out the purposes of this paragraph.
(3) Boarding and exiting a schoolbus at a school or other trip
destination.
(4) Procedures to ensure that a pupil is not left unattended on a
schoolbus, school pupil activity bus, or youth bus.
(5) Procedures and standards for designating an adult chaperone,
other than the driver, to accompany pupils on a school pupil activity
bus.
(b) A current copy of a plan prepared pursuant to subdivision (a)
shall be retained by each school subject to the plan and made
available upon request to an officer of the Department of the
California Highway Patrol.
SEC. 3. Section 39843 is added to the Education Code, to read:
39843. The county superintendent of schools, the superintendent
of a school district, a charter school, or the owner or
operator of a private school that provides transportation to or from
a school or school activity shall notify the Department of Motor
Vehicles, in a form and manner that the department
Department of Motor Vehicles specifies, within five
calendar days of discovery that after the
county office of education, the governing board of a school district,
the charter school, the owner or operator of the private school, or,
in situations where the transportation services are contracted out,
the driver's employe r, has ordered and upheld
disciplinary action, after completion of disciplinary procedures
conducted in compliance with rights granted by law or a collective
bargaining agreement, against a driver of a schoolbus, school
pupil activity bus, or youth bus has who was
found to have left the immediate vicinity of the vehicle to
which the driver has had been assigned
with an unsupervised pupil onboard. onboard,
and the county office of education, the governing board of the school
district, the charter school, the owner or operator of the private
school, or, in situations where the transportation services are
contracted out, the driver's employer, has made a finding that the
driver's actions constituted gross negligence. For purposes of
this section, escorting pupils pursuant to paragraph (1) of
subdivision (d) of Section 22112 of the Vehicle Code shall not be
considered leaving the immediate vicinity of the vehicle.
SEC. 4. Section 39860 of the Education Code is amended to read:
39860. (a) The governing board of a school district may contract
for the transportation of pupils attending schools within the
district to and from any exposition or fair, school activities, or
other activities that the governing board of the school district
determines to be for the benefit of the pupils, in this state, and
may pay for the transportation out of any funds of the school
district available for the purpose.
(b) The governing board of a school district shall require that
any contract for the transportation of pupils under this section
shall include the requirement that a pupil shall not be left
unattended on a schoolbus, school pupil activity bus, or youth bus in
accordance with paragraph (4) of subdivision (a) of Section 39831.3.
SEC. 5. Section 40085 of the Education Code is amended to read:
40085. Applicants seeking to renew a certificate to drive a
schoolbus as defined in Section 545 of the Vehicle Code or a school
pupil activity bus as defined in Section 546 of the Vehicle Code
shall have successfully completed at least 10 hours of original or
renewal classroom instruction, or behind-the-wheel or in-service
training, during each 12 months of certificate validity. In-service
training credit may be given by a state-certified driver instructor
of the appropriate class to an applicant for attending or
participating in appropriate driver training workshops, driver safety
meetings, driver safety conferences, and other activities directly
related to passenger safety and driver training. During the last 12
months of the special driver certificate validity, the 10 hours
required shall consist of classroom instruction covering, but not
limited to, current laws and regulations, defensive driving, accident
prevention, emergency procedures, passenger loading and unloading,
and the inspection procedures pursuant to paragraph (4) of
subdivision (a) of Section 39831.3. Failure to successfully complete
the required training during any 12-month period of certificate
validity is cause for the Department of Motor Vehicles to cancel the
busdriver bus driver certificate. All
training required by Section 40089 may be accepted in lieu of the
requirements of this section.
SEC. 6. Section 13370 of the Vehicle Code is amended to read:
13370. (a) The department shall refuse to issue or shall revoke a
schoolbus, school pupil activity bus, general public paratransit
vehicle, or youth bus driver certificate, or a certificate for a
vehicle used for the transportation of developmentally disabled
persons, if any of the following causes apply to the applicant or
certificate holder:
(1) Has been convicted of a sex offense as defined in Section
44010 of the Education Code.
(2) Has been convicted, within two years, of an offense specified
in Section 11361.5 of the Health and Safety Code.
(3) Has failed to meet prescribed training requirements for
certificate issuance.
(4) Has failed to meet prescribed testing requirements for
certificate issuance.
(5) Has been convicted of a violent felony listed in subdivision
(c) of Section 667.5 of the Penal Code, or a serious felony listed in
subdivision (c) of Section 1192.7 of the Penal Code. This paragraph
shall not be applied to revoke a license that was valid on January 1,
2005, unless the certificate holder is convicted for an offense that
is committed on or after that date.
(b) The department may refuse to issue or renew, or may suspend or
revoke a schoolbus, school pupil activity bus, general public
paratransit vehicle, or youth bus driver certificate, or a
certificate for a vehicle used for the transportation of
developmentally disabled persons, if any of the following causes
apply to the applicant or certificate holder:
(1) Has been convicted of a crime specified in Section 44424 of
the Education Code within seven years. This paragraph does not apply
if denial is mandatory.
(2) Has committed an act involving moral turpitude.
(3) Has been convicted of an offense, not specified in this
section and other than a sex offense, that is punishable as a felony,
within seven years.
(4) Has been dismissed as a driver for a cause relating to pupil
transportation safety.
(5) Has been convicted, within seven years, of an offense relating
to the use, sale, possession, or transportation of narcotics,
habit-forming drugs, or dangerous drugs, except as provided in
paragraph (3) of subdivision (a).
(6) Has been reported to the Department of Motor Vehicles,
pursuant to Section 39843 of the Education Code, for leaving a pupil
unattended on a schoolbus, school pupil activity bus, or youth bus.
(c) (1) Reapplication following refusal or revocation under
paragraph (1), (2), or (3) of subdivision (a) or any paragraph of
subdivision (b) may be made after a period of not less than one year
after the effective date of refusal or revocation.
(2) Reapplication following refusal or revocation under paragraph
(4) of subdivision (a) may be made after a period of not less than 45
days after the date of the applicant's third testing failure.
(3) An applicant or holder of a certificate may reapply for a
certificate whenever a felony or misdemeanor conviction is reversed
or dismissed. A termination of probation and dismissal of charges
pursuant to Section 1203.4 of the Penal Code or a dismissal of
charges pursuant to Section 1203.4a of the Penal Code is not a
dismissal for purposes of this section.
(4) A former applicant or holder of a certificate whose
certificate was revoked pursuant to paragraph (6) of subdivision (b)
may reapply for a certificate if the certificate revocation is
reversed or dismissed by the department.
SEC. 7. Article 18 (commencing with Section 28160) is added to
Chapter 5 of Division 12 of the Vehicle Code, to read:
Article 18. Child Safety Alarm Alert
System
28160. (a) On or before January 1, 2018, the department shall
adopt regulations governing the specifications, installation, and use
of child safety alarm alert systems.
(b) (1) On or before the beginning of the
2018-19 school year, each schoolbus, school pupil activity bus,
and except as pr ovided in
paragraph (2), youth bus bus, and child
care motor vehicle, shall be equipped with an operational
child safety alarm alert system.
(2) A school pupil activity bus is not required to be equipped
with an operational child safety alert system if all of the following
apply:
(A) The school pupil activity bus is not used exclusively to
transport pupils.
(B) When the school pupil activity bus is used to transport
pupils, the pupils are accompanied by at least one adult chaperone
selected by a school official. If an adult chaperone is not a school
employee, the chaperone shall meet the requirements for a school
volunteer established by the policies of the school district, county
office of education, charter school, or private school.
(C) One adult chaperone has a list of every pupil and adult
chaperone, including a school employee, that is on the school pupil
activity bus at the time of departure.
(D) The driver has reviewed all safety and emergency procedures
before the initial departure and the driver and adult chaperone have
signed a form with the time and date acknowledging that the safety
plan and procedures were reviewed.
(E) Immediately before departure from any location, the adult
chaperone shall account for each pupil on the list of pupils, verify
the number of pupils to the driver, and sign a form indicating that
all pupils are present or accounted for.
(F) After pupils have exited a school pupil activity bus, and
before driving away, the driver shall check all areas of the bus,
including, but not limited to, overhead compartments and bathrooms,
to ensure that the bus is vacant.
(G) The driver shall sign a form with the time and date verifying
that all required procedures have been followed.
(H) The information required to be recorded pursuant to
subparagraphs (D), (E), and (G) may be recorded on a single form.
These forms shall be retained by the school district, county office
of education, charter school, or private school for a minimum of two
years.
(c) A "child safety alarm alert
system" is a device located at the interior rear of a vehicle that
requires the driver to either manually contact or
scan the device before exiting the vehicle, thereby prompting
the driver to inspect the entirety of the interior of the vehicle
before exiting.
(d) For purposes of this section, the following definitions apply:
(1) "Child care motor vehicle" means a vehicle designed, used, or
maintained for more than eight persons, including the driver, that is
used by a child care provider to transport children.
(2) "Child care provider" has the same meaning as provided for
"day care center" in Section 1596.76 of the Health and Safety Code.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.