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
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|Author: |Mendoza |
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|Version: |3/28/2016 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Randy Chinn |
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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
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