Bill Text: DE HB379 | 2009-2010 | 145th General Assembly | Draft

Delaware House Bill 379 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 14 And Title 21 Of The Delaware Code Relating To School Buses.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-06-28 - Signed by Governor [HB379 Detail]

Download: Delaware-2009-HB379-Draft.html

SPONSOR:	Rep. Schooley & Sen. Sokola
	Reps. Carey, Jaques, Manolakos, Miro, Mitchell, Outten, Viola; Sen. Venables

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 379

AN ACT TO AMEND TITLE 14 AND TITLE 21 OF THE DELAWARE CODE RELATING TO SCHOOL BUSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Title 14, Chapter 29, §2901(a) of the Delaware Code by deleting the word "mechanical" between the words "design and" and "operation of" as it appears in the first sentence thereof.

Section 2.Amend Title 21, Chapter 27, � 2708(b)(3) of the Delaware Code by deleting the words "State Board of Education" as they appear therein and replacing with "Department of Education" in place thereof.

Section 3. Amend Title 21, Chapter 41, §4163(a) by deleting the phrase "carrying any school child" in the first sentence as that phrase appears between the words "bus" and "or".

Section 4.Amend Title 21, Chapter 41, §4166(e) by deleting the subparagraph in its entirety and replacing in lieu thereof the following:

"(e) Stopping of school bus. � Whenever practical, a school bus driver shall stop as far to the right as possible to pick up and discharge passengers."

Section 5.Amend Title 21, Chapter 41, §4166(f) by deleting the subparagraph in its entirety; and re-designating the subsequent subparagraphs respectively.

Section 6.Amend Title 21, Chapter 43, §4361 by deleting the phrase "without tire chains on the outside rear wheels of the bus or" as it appears therein.

Section 7.Amend Title 21, Chapter 43 by deleting �§4362, 4363, 4364, and 4365 in their entireties.

SYNOPSIS

This Act makes a technical correction to the Delaware Code.In particular, during the First Session of the 145^th General Assembly, the State Board of Education asked to be removed from oversight of the school bus regulations (HB 231 w/SA 1).This Act clarifies the scope of oversight for the design and operation of school buses by the Secretary of Education, with the advice of the Director of Division of Motor Vehicles (DMV).

This Act also clarifies that the training provided for the S-endorsement for the CDL license is based on specific course content as determined by the Department of Education, rather than the State Board of Education.

This Act further clarifies that a school bus, regardless of whether it is carrying school children shall stop prior to a railroad track, and provides that a school bus shall stop as far to the right as possible.In addition, this Act aligns Delaware Code with current bus specifications which are adopted and enforced by the Secretary of Education, with the advice of the Director of DMV.