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SB-1269 Schoolbus safety: child safety alert system.(2017-2018)



Current Version: 05/08/18 - Amended Senate        


SB1269:v97#DOCUMENT

Amended  IN  Senate  May 08, 2018
Amended  IN  Senate  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1269


Introduced by Senator Hueso

February 16, 2018


An act to amend Section 28160 of the Vehicle Code, relating to schoolbus safety, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1269, as amended, Hueso. Schoolbus safety: child safety alert system.
Existing law requires all schoolbuses to be equipped with certain safety features, as specified. Existing law requires, on or before the beginning of the 2018–19 school year, schoolbuses, school pupil activity buses, except as provided, youth buses, and child care motor vehicles to be equipped with a an operational “child safety alert system,” which 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.
This bill would limit that requirement to those buses or vehicles that transport special needs pupils and would postpone that requirement until 6 months after the beginning of the 2019–20 2018–19 school year. year for those buses or vehicles that do not transport special needs pupils.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 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) On or before the beginning of the 2019–20 2018–19 school year, each schoolbus, school pupil activity bus, except as provided in paragraph (2), youth bus, and child care motor vehicle vehicle, that transports special needs pupils, shall be equipped with an operational child safety alert system.
(B) On or before six months after the beginning of the 2018–19 school year, each schoolbus, school pupil activity bus, except as provided in paragraph (2), youth bus, and child care motor vehicle, that does not transport special needs pupils, shall be equipped with an operational child safety alert system.
(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) 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.
(d) For purposes of this section, 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. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to allow schoolbus fleets the additional time required to properly install child safety alert systems, it is necessary for this act to take effect immediately.