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AB-934 Schoolbuses: video monitoring systems.(2019-2020)

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Date Published: 02/20/2019 09:00 PM
AB934:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 934


Introduced by Assembly Member Gipson

February 20, 2019


An act to amend Section 28160 of, to add Section 28161 to, and to repeal and add the heading of Article 18 (commencing with Section 28160) of Chapter 5 of Division 12 of, the Vehicle Code, relating to schoolbuses.


LEGISLATIVE COUNSEL'S DIGEST


AB 934, as introduced, Gipson. Schoolbuses: video monitoring systems.
Existing law requires the driver of any vehicle, upon meeting or overtaking any schoolbus that is stopped for the purpose of loading or unloading any schoolchildren and displaying a flashing red light signal and stop signal arm, to bring the vehicle to a stop immediately before passing the schoolbus and prohibits the driver from proceeding past the schoolbus until the flashing red light signal and stop signal arm cease operation. Existing law makes a violation of these provisions a crime.
Existing law requires all schoolbuses to be equipped with certain safety features, as specified.
This bill would require each schoolbus, school pupil activity bus, youth bus, and child care motor vehicle to be equipped with an internal video system, and would require each schoolbus equipped with a stop signal arm to be equipped with an external video system. The bill would require school officials to monitor these video systems and would require a school official who believes, based on a review of an external video system, a violation of the above-described crime has occurred to notify the local law enforcement agency. By placing additional duties on local educational agencies and local educational agency officials, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The heading of Article 18 (commencing with Section 28160) of Chapter 5 of Division 12 of the Vehicle Code is repealed.
18.Child Safety Alert System

SEC. 2.

 The heading of Article 18 (commencing with Section 28160) is added to Chapter 5 of Division 12 of the Vehicle Code, to read:
Article  18. School Transportation Vehicle Safety

SEC. 3.

 Section 28160 of the Vehicle Code is amended to read:

28160.
 (a) On or before January 1, 2018, the department shall adopt regulations governing the specifications, installation, and use of child safety alert systems.
(b) (1) (A) Except as provided in subparagraphs (B) and (C), on or before March 1, 2019, each schoolbus, school pupil activity bus, except school pupil activity buses described in paragraph (2), youth bus, and child care motor vehicle shall be equipped with an operational child safety alert system.
(B) If a school district, county office of education, or charter school with an average daily attendance of 4,000 pupils or fewer, or a private school with 4,000 pupils or fewer in attendance, cannot meet the requirements of this section on or before March 1, 2019, the school district, county office of education, charter school, or private school shall submit to the department, on or before March 1, 2019, documentation that demonstrates that it has, before March 1, 2019, ordered or purchased the child safety alert system or child safety alert systems, and includes an estimate of repairs or installation, the total number of vehicles described in subparagraph (A) in the fleet and the number of vehicles described in subparagraph (A) that do not have an installed child safety alert system, the proposed date of installation, and the name of the vendor or individual who will install the child safety alert system or child safety alert systems. Upon providing this documentation, the school district, county office of education, charter school, or private school shall have an additional six months, not to extend beyond September 1, 2019, to meet the requirements of this section.
(C) Any entity other than a school district, county office of education, charter school, or private school that operates a schoolbus, school pupil activity bus, except school pupil activity buses described in paragraph (2), youth bus, or child care motor vehicle that is subject to the requirements of this section may submit documentation as specified in subparagraph (B) to the department. Upon providing this documentation, the entity shall have an additional six months, not to extend beyond September 1, 2019, to meet the requirements of this section.
(D) This section shall apply to all school districts, county offices of education, charter schools, and private schools, including those that began the 2018–19 school year before September 1, 2018.
(2) A school pupil activity bus is not required to be equipped with an operational child safety alert system if all of the following apply:
(A) The school pupil activity bus is not used exclusively to transport pupils.
(B) When the school pupil activity bus is used to transport pupils, the pupils are accompanied by at least one adult chaperone selected by a school official. If an adult chaperone is not a school employee, the chaperone shall meet the requirements for a school volunteer established by the policies of the school district, county office of education, charter school, or private school.
(C) One adult chaperone has a list of every pupil and adult chaperone, including a school employee, who is on the school pupil activity bus at the time of departure.
(D) The driver has reviewed all safety and emergency procedures before the initial departure and the driver and adult chaperone have signed a form with the time and date acknowledging that the safety plan and procedures were reviewed.
(E) Immediately before departure from any location, the adult chaperone shall account for each pupil on the list of pupils, verify the number of pupils to the driver, and sign a form indicating that all pupils are present or accounted for.
(F) After pupils have exited a school pupil activity bus, and before driving away, the driver shall check all areas of the bus, including, but not limited to, overhead compartments and bathrooms, to ensure that the bus is vacant.
(G) The driver shall sign a form with the time and date verifying that all required procedures have been followed.
(H) The information required to be recorded pursuant to subparagraphs (D), (E), and (G) may be recorded on a single form. These forms shall be retained by the school district, county office of education, charter school, or private school for a minimum of two years.
(c) The department shall consult with the State Department of Education to develop frequently asked questions related to the implementation of this section and of Section 1294 of Title 13 of the California Code of Regulations. The department shall also consult with, at a minimum, the California Association of School Transportation Officials when developing the frequently asked questions. The department and the State Department of Education shall each post the frequently asked questions on their respective Internet Web sites.
(d) A “child safety alert system” is a device located at the interior rear of a vehicle that requires the driver to either manually contact or scan the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting.
(e) For purposes of this section, article, the following definitions apply:
(1) “Child care motor vehicle” means a vehicle designed, used, or maintained for more than eight persons, including the driver, that is used by a child care provider to transport children.
(2) “Child care provider” has the same meaning as provided for “day care center” in Section 1596.76 of the Health and Safety Code.

SEC. 4.

 Section 28161 is added to the Vehicle Code, to read:

28161.
 (a) Each schoolbus, school pupil activity bus, youth bus, and child care motor vehicle shall be equipped with an internal video system.
(b) Each schoolbus equipped with a stop signal arm pursuant to Section 25257 shall be equipped with an external video system.
(c) (1) School officials shall monitor the video systems described in this section.
(2) A school official who believes, based on a review of an external video system described in subdivision (b), a violation of Section 22454 has occurred shall notify the local law enforcement agency having jurisdiction of the offense.
(3) It is the intent of the Legislature that school districts receive a portion of the moneys recovered from fines levied as a result of violations of Section 22454 that are identified as a result of a schoolbus external video system.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.