Amended in Senate March 28, 2016

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 amended, 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 wouldbegin delete requireend deletebegin insert require, on or before the beginningend insertbegin insert of the 2018-19 school year,end insert 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
P3    1private school that provides transportation to or from a school or
2school activity shall prepare a transportation safety plan containing
3procedures for school personnel to follow to ensure the safe
4transport of pupils. The plan shall be revised as required. The plan
5shall address all of the following:

6(1) Determining if pupils require escort pursuant to paragraph
7(1) of subdivision (d) of Section 22112 of the Vehicle Code.

8(2) (A) Procedures for all pupils in prekindergarten,
9kindergarten, and grades 1 to 8, inclusive, to follow as they board
10and exit the appropriate schoolbus at each pupil’s schoolbus stop.

11(B) Nothing in this paragraph requires a county superintendent
12of schools, the superintendent of a school district, or the owner or
13operator of a private school that provides transportation to or from
14a school or school activity, to use the services of an onboard
15schoolbus monitor, in addition to the driver, to carry out the
16purposes of this paragraph.

17(3) Boarding and exiting a schoolbus at a school or other trip
18destination.

19(4) Procedures to ensure that a pupil is not left unattended on a
20schoolbus, school pupil activity bus, or youth bus.

21(b) A current copy of a plan prepared pursuant to subdivision
22(a) shall be retained by each school subject to the plan and made
23available upon request to an officer of the Department of the
24California Highway Patrol.

25

SEC. 2.  

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

26

39843.  

The county superintendent of schools, the
27superintendent of a school district, or the owner or operator of a
28private school that provides transportation to or from a school or
29school activity shall notify the Department of Motor Vehicles
30within five calendar days of discovery that a driver of a schoolbus,
31school pupil activity bus, or youth bus has left the immediate
32vicinity of the vehicle to whichbegin delete they haveend deletebegin insert the driver hasend insert been
33assigned with an unsupervised pupil onboard. For purposes of this
34section, escorting pupils pursuant to paragraph (1) of subdivision
35(d) of Section 22112 of the Vehicle Code shall not be considered
36leaving the immediate vicinity of the vehicle.

37

SEC. 3.  

Section 39860 of the Education Code is amended to
38read:

39

39860.  

(a) The governing board of a school district may
40contract for the transportation of pupils attending schools within
P4    1the district to and from any exposition or fair, school activities, or
2other activities that the governing board of the school district
3determines to be for the benefit of the pupils, in this state, and may
4pay for the transportation out of any funds of the school district
5available for the purpose.

6(b) The governing board of a school district shall require that
7any contract for the transportation of pupils under this section shall
8include the requirement that a pupil shall not be left unattended
9on a schoolbus, school pupil activity bus, or youth bus in
10accordance with paragraph (4) of subdivision (a) of Section
1139831.3.

12

SEC. 4.  

Section 40085 of the Education Code is amended to
13read:

14

40085.  

Applicants seeking to renew a certificate to drive a
15schoolbus as defined in Section 545 of the Vehicle Code or a school
16pupil activity bus as defined in Section 546 of the Vehicle Code
17shall have successfully completed at least 10 hours of original or
18renewal classroom instruction, or behind-the-wheel or in-service
19training, during each 12 months of certificate validity. In-service
20training credit may be given by a state-certified driver instructor
21of the appropriate class to an applicant for attending or participating
22in appropriate driver training workshops, driver safety meetings,
23driver safety conferences, and other activities directly related to
24passenger safety and driver training. During the last 12 months of
25the special driver certificate validity, the 10 hours required shall
26consist of classroom instruction covering, but not limited to, current
27laws and regulations, defensive driving, accident prevention,
28emergency procedures, passenger loading and unloading, and the
29inspection procedures pursuant to paragraph (4) of subdivision (a)
30of Section 39831.3. Failure to successfully complete the required
31training during any 12-month period of certificate validity is cause
32for the Department of Motor Vehicles to cancel the busdriver
33certificate. All training required by Section 40089 may be accepted
34in lieu of the requirements of this section.

35

SEC. 5.  

Section 13370 of the Vehicle Code is amended to read:

36

13370.  

(a) The department shall refuse to issue or shall revoke
37a schoolbus, school pupil activity bus, general public paratransit
38vehicle, or youth bus driver certificate, or a certificate for a vehicle
39used for the transportation of developmentally disabled persons,
P5    1if any of the following causes apply to the applicant or certificate
2holder:

3(1) Has been convicted of a sex offense as defined in Section
444010 of the Education Code.

5(2) Has been convicted, within two years, of an offense specified
6in Section 11361.5 of the Health and Safety Code.

7(3) Has failed to meet prescribed training requirements for
8 certificate issuance.

9(4) Has failed to meet prescribed testing requirements for
10certificate issuance.

11(5) Has been convicted of a violent felony listed in subdivision
12(c) of Section 667.5 of the Penal Code, or a serious felony listed
13in subdivision (c) of Section 1192.7 of the Penal Code. This
14paragraph shall not be applied to revoke a license that was valid
15on January 1, 2005, unless the certificate holder is convicted for
16an offense that is committed on or after that date.

17(b) The department may refuse to issue or renew, or may
18suspend or revoke a schoolbus, school pupil activity bus, general
19public paratransit vehicle, or youth bus driver certificate, or a
20certificate for a vehicle used for the transportation of
21developmentally disabled persons, if any of the following causes
22apply to the applicant or certificate holder:

23(1) Has been convicted of a crime specified in Section 44424
24of the Education Code within seven years. This paragraph does
25not apply if denial is mandatory.

26(2) Has committed an act involving moral turpitude.

27(3) Has been convicted of an offense, not specified in this section
28and other than a sex offense, that is punishable as a felony, within
29seven years.

30(4) Has been dismissed as a driver for a cause relating to pupil
31transportation safety.

32(5) Has been convicted, within seven years, of an offense
33relating to the use, sale, possession, or transportation of narcotics,
34habit-forming drugs, or dangerous drugs, except as provided in
35paragraph (3) of subdivision (a).

36(6) Has been reported to the Department of Motor Vehicles,
37pursuant to Section 39843 of the Education Code, for leaving a
38pupil unattended on a schoolbus, school pupil activity bus, or youth
39bus.

P6    1(c) (1) Reapplication following refusal or revocation under
2paragraph (1), (2), or (3) of subdivision (a) or any paragraph of
3subdivision (b) may be made after a period of not less than one
4year after the effective date of refusal or revocation.

5(2) Reapplication following refusal or revocation under
6paragraph (4) of subdivision (a) may be made after a period of not
7less than 45 days after the date of the applicant’s third testing
8failure.

9(3) An applicant or holder of a certificate may reapply for a
10certificate whenever a felony or misdemeanor conviction is
11reversed or dismissed. A termination of probation and dismissal
12of charges pursuant to Section 1203.4 of the Penal Code or a
13dismissal of charges pursuant to Section 1203.4a of the Penal Code
14is not a dismissal for purposes of this section.

15

SEC. 6.  

Article 18 (commencing with Section 28160) is added
16to Chapter 5 of Division 12 of the Vehicle Code, to read:

17 

18Article 18.  Child Safety Alarm System
19

 

20

28160.  

(a) On or beforebegin delete ____,end deletebegin insert January 1, 2018,end insert the department
21shall adopt regulations governing the specifications, installation,
22and use of child safety alarm systems.

23(b) On or beforebegin delete ____,end deletebegin insert the beginning of the 2018-19 school
24year,end insert
each schoolbus, school pupil activity bus, and youth bus shall
25be equipped with an operational child safety alarm system.

26(c) A “child safety alarm system” is a device located at the
27interior rear of a vehicle that requires the driver to manually contact
28the device before exiting the vehicle, thereby prompting the driver
29to inspect the entirety of the interior of the vehicle before exiting.

30

SEC. 7.  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.



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