BILL NUMBER: AB 1052	CHAPTERED  09/22/05

	CHAPTER  324
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE SENATE  AUGUST 30, 2005
	PASSED THE ASSEMBLY  MAY 5, 2005

INTRODUCED BY   Assembly Member Leslie

                        FEBRUARY 22, 2005

   An act to add Section 34520.3 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1052, Leslie  Vehicles: school transportation vehicles: driver
drug and alcohol testing.
   (1) Existing law requires motor carriers and drivers of commercial
vehicles, including schoolbus drivers, to comply with certain
federal regulations relating to the use of controlled substances and
alcohol, including testing requirements for the use of those
substances. A willful violation of these requirements is a
misdemeanor punishable by certain fines and terms of imprisonment.
   This bill would define a "school transportation vehicle" as a
vehicle that is not a schoolbus, school pupil activity bus, or youth
bus, and is used by a school district or county office of education
for the primary purpose of transporting children.
   The bill would require a school district or county office of
education that employs a driver to drive a school transportation
vehicle, and that driver of the vehicle, to participate in a program
that is consistent with the federal controlled substance and alcohol
use testing requirements that apply to schoolbus drivers. The bill
thereby would establish a state-mandated local program by imposing
additional duties upon school districts and county offices of
education.
   Because it would be an infraction, under other provisions of
existing law, for a person to fail to comply with these requirements,
the bill would establish a state-mandated local program by creating
a new crime.
  (2) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 34520.3 is added to the Vehicle Code, to read:

   34520.3.  (a) For the purposes of this section, a "school
transportation vehicle" is a vehicle that is not a schoolbus, school
pupil activity bus, or youth bus, and is used by a school district or
county office of education for the primary purpose of transporting
children.
   (b) A school district or county office of education that employs
drivers to drive a school transportation vehicle, and the driver of
those vehicles, who are not otherwise required to participate in a
testing program of the United States Secretary of Transportation,
shall participate in a program that is consistent with the controlled
substances and alcohol use and testing requirements of the United
States Secretary of Transportation that apply to schoolbus drivers
and are set forth in Part 382 (commencing with Section 382.101) of,
and Sections 392.5(a)(1) and (3) of, Title 49 of the Code of Federal
Regulations.
   (c) It is the intent of the Legislature that this section be
implemented in a manner that does not require a school district or
county office of education to administer a program for drivers of
school transportation vehicles that imposes controlled substance and
alcohol use and testing requirements greater than those applicable to
school bus drivers under existing law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.