HB2362 - 512R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-900, Arizona Revised Statutes, is amended to read:

START_STATUTE28-900. School bus rules

A. The department of administration in consultation with The department of public safety and in consultation with the school bus advisory council established by section 28‑3053 shall adopt rules as necessary to improve the safety and welfare of school bus passengers by minimizing the probability of accidents involving school buses and school bus passengers and by minimizing the risk of serious bodily injury to school bus passengers in the event of an accident.

B. The rules may include:

1. Minimum standards for the design and equipment of school buses.

2. Minimum standards for the periodic inspection and maintenance of school buses.

3. Procedures for the operation of school buses.

4. Other criteria as deemed by the department of administration, the department of public safety and the school bus advisory council to be necessary and appropriate to ensure the safe operation of school buses.

C. The rules shall provide, if applicable, minimum standards equal to or more restrictive than those adopted by the United States department of transportation in accordance with 23 United States Code and rules adopted pursuant to 23 United States Code.

D. Notwithstanding a rule adopted by the department of administration public safety with respect to exterior color of a school bus, in order to reduce the interior temperature of a school bus, the exterior top of a school bus may be painted white, but the white area shall not extend beyond the center clearance lights, front and rear, and shall not extend below a line five inches above the top of the side windows.

E. An officer or employee of any school district who violates any of the rules or who fails to include the obligation to comply with the rules in any contract executed by the officer or employee on behalf of a school district is guilty of misconduct and is subject to removal from office or employment. Any person who operates a school bus under contract with a school district and who fails to comply with any of the rules is in breach of contract, and the school district shall cancel the contract after notice and a hearing by the responsible officers of the school district.

F. The department of public safety shall enforce the rules adopted pursuant to this section. END_STATUTE

Sec. 2. Section 28-3053, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3053. School bus advisory council

A. The school bus advisory council is established consisting of nine members appointed by the governor. The governor shall appoint the members as follows:

1. One member representing the department of public safety.

2. One member representing the state board of education.

3. One member from a school district with a student count of less than six hundred.

4. One member from a school district with a student count of six hundred or more but less than three thousand.

5. One member from a school district with a student count of three thousand or more but less than ten thousand.

6. One member from a school district with a student count of ten thousand or more.

7. One member representing transportation administrators.

8. One member who is a certified school bus driver or school bus driver instructor.

9. One member representing a private sector school bus service provider.

B. The members shall serve staggered three year terms unless a member vacates the position. Appointment to fill a vacancy resulting other than from expiration of a term is for the unexpired portion of the term only.

C. The school bus advisory council shall:

1. Meet at least annually.

2. Select a chairman from its members.

3. Advise and assist the department of administration public safety in developing the rules required by sections 28‑900 and 28‑3228.

4. Recommend curricula for school bus driver safety and training courses required by section 28‑3228.

5. Advise and consult with the department of public safety concerning matters related to the certification of school bus drivers and the safety of school buses.

6. Establish a mailing list that includes any party expressing an interest in the council's activities. The council shall provide the list to the department of administration, and the department of administration shall send notice by first class mail written notice to each person on the list at least fifteen days before the date on which the meeting is to be held. The notice shall be sent by mail or electronic means to the party's last address of record with the council or by any other method reasonably calculated to effect actual notice to any party expressing interest in the council's activities. Written notice by electronic means is effective when transmitted. For other methods written notice is effective on receipt or five days after the date shown on the postmark stamped on the envelope, whichever is earlier.

D. Members of the school bus advisory council are not eligible to receive compensation or reimbursement for expenses. END_STATUTE

Sec. 3. Section 28-3228, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3228. School bus drivers; requirements; rules; cancellation

A. A person shall not operate a school bus transporting school children unless the person possesses the appropriate license class for the size of school bus being operated that is issued by the department of transportation, a bus endorsement that is issued by the department of transportation and a school bus certificate that is issued by the department of public safety.

B. To be certified as a school bus driver a person shall do both of the following:

1. Meet and maintain the minimum standards prescribed by this section and rules adopted by the department of administration in consultation with the department of public safety and in consultation with the school bus advisory council established by section 28‑3053.

2. Complete an initial instructional course on school bus driver safety and training including behind the wheel training.

C. The department of administration in consultation with the department of public safety and in consultation with the school bus advisory council established by section 28‑3053 shall adopt rules that establish minimum standards for the certification of school bus drivers. In cooperation with local school districts, the department of public safety shall provide for school bus driver safety and training courses. The standards established shall:

1. Include requirements concerning moral character, knowledge of school bus operation, pupil and motor vehicle safety, physical impairments that might affect the applicant's ability to safely operate a school bus or that might endanger the health or safety of school bus passengers, knowledge of first aid, establishment of school bus safety and training courses, a refresher course to be completed on at least a biennial basis and other matters as the department of administration in consultation with the department of public safety and the school bus advisory council established by section 28‑3053 prescribes prescribe for the protection of the public.

2. Require tests to detect the presence of alcohol or the use of a drug in violation of title 13, chapter 34 that may adversely affect the ability of the applicant to safely operate a school bus.

3. Authorize the performance of hearing tests with or without the use of a hearing aid as provided in 49 Code of Federal Regulations section 391.41.

D. Each applicant for a school bus driver certificate shall submit a full set of fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. For the purposes of this subsection, each applicant shall pay a fee to the department of public safety to reimburse the department of public safety for the cost of obtaining the criminal records check required by this subsection. The fee shall not exceed the actual cost of obtaining the criminal records check.

E. The department of public safety shall issue a school bus driver certificate to an applicant who meets the requirements of this section. The certificate is valid if the applicant maintains the minimum standards established by this section.

F. The department of public safety may cancel the certificate if the person's license to drive is suspended, canceled, revoked or disqualified. The department of public safety shall cancel the certificate if the person fails to maintain the minimum standards established pursuant to this section. A person whose application for a certificate is refused or whose certificate is canceled for failure to meet or maintain the minimum standards may request and receive a hearing from the department of public safety.

G. The department of public safety shall enforce the rules adopted pursuant to this section.END_STATUTE