BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: SB 1072 Hearing Date: 4/5/2016 ----------------------------------------------------------------- |Author: |Mendoza | |----------+------------------------------------------------------| |Version: |3/28/2016 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Randy Chinn | |: | | ----------------------------------------------------------------- SUBJECT: Schoolbus safety: child safety alarm system DIGEST: This bill deals with the problem of pupils left unattended in school buses by 1) requiring the installation of a child safety alarm system which forces the bus driver to walk to the rear of the bus before exiting, 2) requiring the establishment of procedures to ensure that pupils aren't left unattended, and 3) establishing a process for reporting incidents of unattended pupils and authorizing the Department of Motor Vehicles (DMV) to revoke or suspend the school bus driving authority of the driver. ANALYSIS: Existing law: 1)Requires school officials to develop transportation safety plans 2)Requires enhanced certification to become a school bus driver 3)Authorizes the DMV to refuse to issue or renew such certification if certain specified crimes or misconduct has occurred 4)Requires specialized equipment in school buses such as seat belts and external lighting systems This bill: SB 1072 (Mendoza) Page 2 of ? 1)Requires public and private school officials, as defined, to establish procedures to ensure that pupils are not left unattended on school buses 2)Requires public and private school officials, as defined, to notify the DMV if a school bus driver leaves a pupil unattended on a school bus 3)Requires that school bus drivers be instructed on how to ensure that pupils are not left unattended 4)Authorizes the DMV to refuse to issue or renew the school bus driver certificate if the driver has left a pupil unattended on a school bus 5)Requires school buses to be equipped, by the 2018-19 school year, with child safety alarm systems which force drivers to manually disarm an alarm at the rear of the bus before exiting the bus 6)Requires, by January 1, 2018, the California Highway Patrol (CHP) to adopt regulations for child safety alarm systems COMMENTS: Purpose. The author notes that in California there have been several cases where children were left on school buses unattended and found hours later. In a particularly tragic case last year, a special-needs student in Los Angeles died after being left alone on a bus for many hours. This bill seeks to prevent children being left unattended on buses by requiring drivers walk the length of the bus to deactivate an alarm system before leaving. It also strengthens driver protocols and training and provides the DMV the authority to suspend the bus driver's certificate to drive the bus. The problem. While it may be hard to imagine how a child could be left alone on a school bus, the author has identified eight instances since 2012. Those students ranged in age from 2 to 19 years old; all were either special needs or autistic. Neither the CHP nor the DMV keep records of these types of accidents, so it is difficult to judge the pervasiveness of the problem. Alarm system. The author believes that making the bus driver walk through the bus will address the problem. The alarm system SB 1072 (Mendoza) Page 3 of ? required by this bill has a switch located at the rear of the bus. At the end of the trip the driver has walk through the bus to physically flip the switch before exiting the bus to prevent an alarm from sounding. These devices are made by several manufacturers and have been deployed by the Los Angeles Unified School District. According to the author, the District spent $194,000 to equip all 1,300 of their buses. School bus driver certificates. In addition to a driver's license, school bus drivers must also obtain a certificate to operate the bus. This requires the driver to, among other things, pass a medical exam, submit fingerprints, pass a first-aid exam, meet with the CHP bus coordinator, and take an on-road driving exam. The certificate is revocable if the bus driver misbehaves. The DMV must revoke the certificate if the driver has been convicted of a sex offense, as specified, or a violent felony. In addition, the DMV may revoke the certificate if the driver has been convicted of other less serious crimes. This bill authorizes the DMV to revoke the certificate if the driver has left a student unattended on a school bus. Other buses. In addition to school buses, this bill also deals with School Pupil Activity Buses (SPABs). These are typically chartered buses which take students to and from school activities, such as sporting events. SPABs are required to have parents or parent representatives (e.g., school officials) present at the beginning and end of the trip. SPABs tend to have on-board chaperones. The California Bus Association believes that this provides assurance that students are not left on the buses, and that therefore the requirement for an alarm system is unnecessary for SPABs. DMV needs guidance. This bill requires that an official with the school district or the private school owner or operator notify the DMV within five calendar days of discovering that a student was left unattended. The mechanics of this notification (e.g., who at the DMV, the form of notification, specific details in the notice) are not specified. To fix this, on Page 3, line 26, after "Vehicles", the author and committee may wish to consider inserting the following: "in a form and manner that it specifies," Technical amendment. The author wishes to add an amendment naming the provisions in this bill the "Paul Lee School Bus SB 1072 (Mendoza) Page 4 of ? Safety Law". The committee may wish to consider adopting this amendment. Double-referral. This bill has also been referred to the Senate Education Committee. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes POSITIONS: (Communicated to the committee before noon on Wednesday, March 30, 2016.) SUPPORT: State Council on Developmental Disabilities (sponsor) American Academy of Pediatrics The Arc and United Cerebral Palsy California Collaboration Autism Speaks California School Nurses Organization Center for Autism and Related Disorders Los Angeles Unified School District 18 individuals OPPOSITION: None reported -- END --