Senate BillNo. 1072


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 introduced, Mendoza. Schoolbus safety: child safety alarm 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 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.

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 authorize the department to refuse to issue or renew, and to revoke or suspend, a bus driver certificate on these grounds.

Existing law requires all schoolbuses to be equipped with certain safety features, as specified.

This bill would require schoolbuses, school pupil activity buses, and youth buses to be equipped with a “child safety alarm system,” which is a device located at the interior rear of a vehicle that requires the driver to manually contact 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:

P2    1

SECTION 1.  

Section 39831.3 of the Education Code is
2amended to read:

3

39831.3.  

(a) The county superintendent of schools, the
4superintendent of a school district, or the owner or operator of a
5private school that provides transportation to or from a school or
6school activity shall prepare a transportation safety plan containing
7procedures for school personnel to follow to ensure the safe
P3    1transport of pupils. The plan shall be revised as required. The plan
2shall address all of the following:

3(1) Determining if pupils require escort pursuant to paragraph
4begin delete (3)end deletebegin insert (1)end insert of subdivisionbegin delete (c)end deletebegin insert (d)end insert of Section 22112 of the Vehicle Code.

5(2) (A) Procedures for all pupils in prekindergarten,
6kindergarten, and grades 1 to 8, inclusive, to follow as they board
7and exit the appropriate schoolbus at each pupil’s schoolbus stop.

8(B) Nothing in this paragraph requires a county superintendent
9of schools, the superintendent of a school district, or the owner or
10operator of a private school that provides transportation to or from
11a school or school activity, to use the services of an onboard
12schoolbus monitor, in addition to the driver, to carry out the
13purposes of this paragraph.

14(3) Boarding and exiting a schoolbus at a school or other trip
15destination.

begin insert

16(4) Procedures to ensure that a pupil is not left unattended on
17a schoolbus, school pupil activity bus, or youth bus.

end insert

18(b) A current copy of a plan prepared pursuant to subdivision
19(a) shall be retained by each school subject to the plan and made
20available upon request to an officer of the Department of the
21California Highway Patrol.

22

SEC. 2.  

Section 39843 is added to the Education Code, to read:

23

39843.  

The county superintendent of schools, the
24superintendent of a school district, or the owner or operator of a
25private school that provides transportation to or from a school or
26school activity shall notify the Department of Motor Vehicles
27within five calendar days of discovery that a driver of a schoolbus,
28school pupil activity bus, or youth bus has left the immediate
29vicinity of the vehicle to which they have been assigned with an
30unsupervised pupil onboard. For purposes of this section, escorting
31pupils pursuant to paragraph (1) of subdivision (d) of Section
3222112 of the Vehicle Code shall not be considered leaving the
33immediate vicinity of the vehicle.

34

SEC. 3.  

Section 39860 of the Education Code is amended to
35read:

36

39860.  

begin insert(a)end insertbegin insertend insert The governing board ofbegin delete anyend deletebegin insert aend insert school district may
37contract for the transportation of pupils attending schools within
38the district to and from any exposition or fair, school activities, or
39other activitiesbegin delete whichend deletebegin insert thatend insert the governing boardbegin insert of the school districtend insert
40 determines to be for the benefit of the pupils, in this state, and may
P4    1pay for the transportation out of any funds of thebegin insert schoolend insert district
2available for the purpose.

begin insert

3(b) The governing board of a school district shall require that
4any contract for the transportation of pupils under this section
5shall include the requirement that a pupil shall not be left
6unattended on a schoolbus, school pupil activity bus, or youth bus
7in accordance with paragraph (4) of subdivision (a) of Section
839831.3.

end insert
9

SEC. 4.  

Section 40085 of the Education Code is amended to
10read:

11

40085.  

Applicants seeking to renew a certificate to drive a
12schoolbus as defined in Section 545 of the Vehicle Code or a school
13pupil activity bus as defined in Section 546 of the Vehicle Code
14shall have successfully completed at least 10 hours of original or
15renewal classroom instruction, or behind-the-wheel or in-service
16begin delete trainingend deletebegin insert training,end insert during each 12 months of certificate validity.
17In-service training credit may be given by a state-certified driver
18instructor of the appropriate class to an applicant for attending or
19participating in appropriate driver training workshops, driver safety
20meetings, driver safety conferences, and other activities directly
21related to passenger safety and driver training. During the last 12
22months of the special driver certificate validity, the 10 hours
23required shall consist of classroom instruction covering, but not
24limited to, current laws and regulations, defensive driving, accident
25prevention, emergency procedures,begin delete andend delete passenger loading and
26begin delete unloading.end deletebegin insert unloading, and the inspection procedures pursuant to
27paragraph (4) of subdivision (a) of Section 39831.3.end insert
Failure to
28successfully complete the required training during any 12-month
29period of certificate validity is cause for the Department of Motor
30Vehicles to cancel the busdriver certificate. All training required
31by Section 40089 may be accepted in lieu of the requirements of
32this section.

33

SEC. 5.  

Section 13370 of the Vehicle Code is amended to read:

34

13370.  

(a) The department shall refuse to issue or shall revoke
35a schoolbus, school pupil activity bus, general public paratransit
36vehicle, or youth bus driver certificate, or a certificate for a vehicle
37used for the transportation of developmentally disabled persons,
38if any of the following causes apply to the applicant or certificate
39holder:

P5    1(1) Has been convicted of a sex offense as defined in Section
244010 of the Education Code.

3(2) Has been convicted, within two years, of an offense specified
4in Section 11361.5 of the Health and Safety Code.

5(3) Has failed to meet prescribed training requirements for
6 certificate issuance.

7(4) Has failed to meet prescribed testing requirements for
8certificate issuance.

9(5) Has been convicted of a violent felony listed in subdivision
10(c) of Section 667.5 of the Penal Code, or a serious felony listed
11in subdivision (c) of Section 1192.7 of the Penal Code. This
12paragraph shall not be applied to revoke a license that was valid
13on January 1, 2005, unless the certificate holder is convicted for
14an offense that is committed on or after that date.

15(b) The department may refuse to issue or renew, or may
16suspend or revoke a schoolbus, school pupil activity bus, general
17public paratransit vehicle, or youth bus driver certificate, or a
18certificate for a vehicle used for the transportation of
19developmentally disabledbegin delete personsend deletebegin insert persons,end insert if any of the following
20causes apply to the applicant or certificate holder:

21(1) Has been convicted of a crime specified in Section 44424
22of the Education Code within seven years. This paragraph does
23not apply if denial is mandatory.

24(2) Has committed an act involving moral turpitude.

25(3) Has been convicted of an offense, not specified in this section
26and other than a sex offense, that is punishable as a felony, within
27seven years.

28(4) Has been dismissed as a driver for a cause relating to pupil
29transportation safety.

30(5) Has been convicted, within seven years, of an offense
31relating to the use, sale, possession, or transportation of narcotics,
32habit-forming drugs, or dangerous drugs, except as provided in
33paragraph (3) of subdivision (a).

begin insert

34(6) Has been reported to the Department of Motor Vehicles,
35pursuant to Section 39843 of the Education Code, for leaving a
36pupil unattended on a schoolbus, school pupil activity bus, or
37youth bus.

end insert

38(c) (1) Reapplication following refusal or revocation under
39paragraph (1), (2), or (3) of subdivision (a) orbegin insert any paragraph of
P6    1subdivisionend insert
(b) may be made after a period of not less than one
2year after the effective date of refusal or revocation.

3(2) Reapplication following refusal or revocation under
4paragraph (4) of subdivision (a) may be made after a period of not
5less than 45 days after the date of the applicant’s third testing
6failure.

7(3) An applicant or holder of a certificate may reapply for a
8certificate whenever a felony or misdemeanor conviction is
9reversed or dismissed. A termination of probation and dismissal
10of charges pursuant to Section 1203.4 of the Penal Code or a
11dismissal of charges pursuant to Section 1203.4a of the Penal Code
12is not a dismissal for purposes of this section.

13

SEC. 6.  

Article 18 (commencing with Section 28160) is added
14to Chapter 5 of Division 12 of the Vehicle Code, to read:

15 

16Article 18.  Child Safety Alarm System
17

 

18

28160.  

(a) On or before ____, the department shall adopt
19regulations governing the specifications, installation, and use of
20child safety alarm systems.

21(b) On or before ____, each schoolbus, school pupil activity
22bus, and youth bus shall be equipped with an operational child
23safety alarm system.

24(c) A “child safety alarm system” is a device located at the
25interior rear of a vehicle that requires the driver to manually contact
26the device before exiting the vehicle, thereby prompting the driver
27to inspect the entirety of the interior of the vehicle before exiting.

28

SEC. 7.  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.



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