Amended in Senate April 7, 2016

Amended in Senate March 28, 2016

Senate Bill No. 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 would require, on or before the beginning of the 2018-19 school year, 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert This act shall be known, and may be cited, as
the Paul Lee School Bus Safety Law. end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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, 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, 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.

(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.

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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

39843.  

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 shall notify the Department of Motor begin delete Vehicles end delete
begin insert Vehicles, in a form and manner that the department specifies, end insert
within five calendar days of discovery that a driver of a schoolbus,
school pupil activity bus, or youth bus has left the immediate
vicinity of the vehicle to which the driver has been assigned with
an unsupervised pupil onboard. 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.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

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.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

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
certificate. All training required by Section 40089 may be accepted
in lieu of the requirements of this section.

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

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.

begin delete SEC. 6. end delete

begin insert SEC. 7. end insert   

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 System

 

28160.  

(a) On or before January 1, 2018, the department shall
adopt regulations governing the specifications, installation, and
use of child safety alarm systems.

(b) On or before the beginning of the 2018-19 school year, each
schoolbus, school pupil activity bus, and youth bus shall be
equipped with an operational child safety alarm system.

(c) A “child safety alarm system” 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.

begin delete SEC. 7. end delete

begin insert SEC. 8. end insert   

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.