BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                       SB 1072|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |

                                UNFINISHED BUSINESS 

          Bill No:  SB 1072
          Author:   Mendoza (D), et al.
          Amended:  8/19/16  
          Vote:     21 

           SENATE TRANS. & HOUSING COMMITTEE:  10-0, 4/5/16
           AYES:  Beall, Cannella, Allen, Bates, Galgiani, Leyva, McGuire,  
            Mendoza, Roth, Wieckowski
           NO VOTE RECORDED:  Gaines

           SENATE EDUCATION COMMITTEE:  9-0, 4/13/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  

           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SENATE FLOOR:  35-0, 5/9/16
           AYES:  Allen, Anderson, Berryhill, Block, Cannella, De León,  
            Fuller, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg,  
            Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,  
            Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Pan,  
            Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Bates, Beall, Gaines, Nielsen, Runner

           ASSEMBLY FLOOR:  70-10, 8/23/16 - See last page for vote

           SUBJECT:   Schoolbus safety:  child safety alert system

          SOURCE:    State Council on Developmental Disabilities
          DIGEST:   This bill requires, on or before the 2018-19 school  
          year, school buses, other specified buses which transport  
          students, and child care motor vehicles to be equipped with an  


                                                                    SB 1072  
                                                                    Page  2

          operational child safety alert system.  Requires local education  
          authorities, or the owner or operator of a private school that  
          provides transportation to or from school, to notify the  
          Department of Motor Vehicles (DMV) within five days if a driver  
          has been found to have left a bus with an unattended pupil on  
          board and the driver's actions constituted gross negligence,  
          which will result in the revocation of that driver's  
          certification to drive students.

          Assembly Amendments add child care motor vehicles, and exempt  
          school pupil activity busses under specified circumstances, from  
          its provisions.  The amendments also limit the reporting of a  
          bus driver to the DMV to instances when that driver leaves a  
          pupil unattended, the driver has been disciplined and the  
          driver's actions are found to have been grossly negligent, as  


          Existing law:

          1)Requires school officials to develop transportation safety  

          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  

          4)Requires specialized equipment in school buses such as seat  
            belts and external lighting systems.

          This bill:

          1)Requires public and private school officials, as defined, to  
            establish procedures to ensure that pupils are not left  


                                                                    SB 1072  
                                                                    Page  3

            unattended on school buses.

          2)Requires that school bus drivers be instructed on how to  
            ensure that pupils are not left unattended.

          3)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, the driver has been disciplined,  
            and the driver has been found to be grossly negligent, as  

          4)Requires 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, youth buses, and child care motor  
            vehicles to be equipped, by the 2018-19 school year, with  
            child safety alert systems which force drivers to manually  
            disarm or scan an alarm at the rear of the bus before exiting  
            the bus.  School pupil activity busses are exempt from this  
            provision if they are not used exclusively to transport  
            pupils, at least one adult chaperone accompanies the trip, and  
            other defined safety measures are implemented.

          6)Requires, by January 1, 2018, the California Highway Patrol  
            (CHP) to adopt regulations for child safety alarm systems.


          1)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.

          2)The problem.  While it may be hard to imagine how a child  
            could be left alone on a school bus, the author has identified  


                                                                    SB 1072  
                                                                    Page  4

            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.

          3)Alert system.  The author believes that making the bus driver  
            walk through the bus will address the problem.  The alert  
            system required by this bill has a device located at the rear  
            of the bus.  At the end of the trip, the driver has to walk  
            through the bus to physically deactivate the device 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.  
          4)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.

          5)Other buses.  In addition to school buses, this bill also  
            deals with School Pupil Activity Buses (SPABs), youth busses,  
            and child care motor vehicles.  SPABs 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 and are exempt from the alarm  
            system requirement if there is at least one adult chaperone,  
            pupils are accounted for before and after the trip, and safety  
            plans and procedures are reviewed with the pupils.  Youth  
            buses, which are busses designed to carry not more than 16  


                                                                    SB 1072  
                                                                    Page  5

            students, and child care motor vehicles, which are vehicles  
            designed to carry more than eight people that is used by a  
            child care provider to transport children, are also included.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Assembly Appropriations Committee:

          1)Proposition 98/GF cost pressures, likely in the hundreds of  
            thousands of dollars, for local education agencies to modify  
            transportation plans, report information to the DMV, maintain  
            specified documents for two years and install child alarm  
            systems. These costs are not likely reimbursable since state  
            law does not require school districts to provide  
            transportation on school buses.   

          2)Minor GF costs to the California Department of Education to  
            modify bus driver training programs to include instruction on  
            inspection procedures that ensure a student is not left  

          3)Minor/absorbable costs for the CHP to adopt regulations  
            regarding child safety alarm systems, and to incorporate  
            requirements into school bus inspections.

          4)Minor/absorbable costs for the DMV to account for an  
            additional circumstance that would result in the refusal to  
            issue or renew a bus driver certificate, or the revocation or  
            suspension of that certificate.  

          SUPPORT:   (Verified8/23/16)


                                                                    SB 1072  
                                                                    Page  6

          State Council on Developmental Disabilities (source)
          American Academy of Pediatrics
          Association of California School Administrators
          Autism Speaks
          California School Nurses Organization
          Center for Autism and Related Disorders
          East Bay Legislative Coalition
          HEARTS Connection Family Resource Center
          Los Angeles Unified School District
          RHK Law Office
          The Arc and United Cerebral Palsy California Collaboration
          Whittier Union High School District
          18 individuals

          OPPOSITION:   (Verified8/23/16)

          None received

           ASSEMBLY FLOOR:  70-10, 8/23/16
           AYES:  Achadjian, Alejo, Arambula, Atkins, Baker, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,  
            Mark Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams,  
            Wood, Rendon
           NOES:  Travis Allen, Bigelow, Chang, Beth Gaines, Harper,  
            Jones, Mayes, Obernolte, Patterson, Wagner

          Prepared by:Randy Chinn / T. & H. / (916) 651-4121
          8/23/16 20:02:53

                                   ****  END  ****


                                                                    SB 1072  
                                                                    Page  7