Bill Text: MI HB5363 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Transportation; school vehicles; provision regarding waivers for school bus driver safety education certification; modify. Amends secs. 51 & 53 of 1990 PA 187 (MCL 257.1851 & 257.1853).
Spectrum: Slight Partisan Bill (Republican 14-6)
Status: (Passed) 2010-06-22 - Assigned Pa 93'10 With Immediate Effect [HB5363 Detail]
Download: Michigan-2009-HB5363-Introduced.html
HOUSE BILL No. 5363
September 15, 2009, Introduced by Reps. Haines, Terry Brown, Kowall, Wayne Schmidt, Genetski, Agema, Ball, McMillin, Haveman, DeShazor, Lori, Moss, Knollenberg, Meekhof, Espinoza, Hansen, Hammel, LeBlanc, Sheltrown and McDowell and referred to the Committee on Transportation.
A bill to amend 1990 PA 187, entitled
"The pupil transportation act,"
by amending sections 51 and 53 (MCL 257.1851 and 257.1853), as
amended by 2006 PA 108.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 51. (1) A driver of a school bus transporting passengers
shall have in his or her possession a certificate stating that he
or she has enrolled in the entry level school bus safety education
course or has successfully completed a course in school bus safety
education within the immediately preceding 2 years. The entry level
course shall be available to the school bus driver within 90 days
of
enrollment. Enrollment Except
as otherwise provided in this
subsection, enrollment certificates shall expire 10 days after the
end of the entry level course in which the driver is enrolled. A
second enrollment certificate shall not be issued. If a person
completes the entry level school bus safety education course after
June 30 of any given year and before completing the subsequent 6-
hour continuing education course, the duration of the entry level
certificate may be extended to the completion of the next available
subsequent 6-hour continuing education course. The entry level
course and subsequent 6-hour continuing education course shall be
approved by the superintendent of public instruction and shall be
provided by an approved educational agency. The certificate of
successful completion of each course shall be prescribed by the
superintendent of public instruction and successfully completed by
an instructor of the course. Failure to successfully complete the
entry level course or to complete the 6-hour continuing education
course within 2 years after certification of successful completion
of a prior course shall be reported by the instructional agency to
the department of education and to the school which employs the
driver. A driver who fails to successfully complete the entry level
course within 90 days after enrollment or to meet the continuing
education requirements shall not be permitted to drive a school bus
transporting passengers.
(2) The person or persons in charge of school bus operations
at a school shall have, at a minimum, successfully completed the
beginning school bus driver training program in his or her first
year serving as the person or persons in charge of the operation.
The person or persons in charge of school bus operations at a
school shall successfully complete 6 hours of supervisory
continuing education every 2 years after the successful completion
of the beginning school bus driver training program. The continuing
education course or courses shall be approved by the superintendent
of public instruction and shall be provided by an approved
educational agency.
(3) The cost of any course instruction and the base rate of
compensation of the driver shall be reimbursed by the state on an
equal basis for public and nonpublic schools as provided for by the
department of education. Attendance by a person at an entry level
course, a continuing education course, or an on-road driver skills
test as required by this section or section 52 shall be considered
compensable work time by the school and the person shall be paid at
not less than their base rate as determined by their individual
contract of employment or their contractual rate as negotiated
between the school and the person's collective bargaining
representative.
(4) The legislature shall appropriate the funds necessary to
implement this section.
Sec. 53. (1) A driver of a school bus shall, at a minimum,
meet the following qualifications:
(a) The requirements of sections 49 and 51.
(b)
For a school bus operating in intrastate transportation,
the
annual physical requirements for school bus drivers as
authorized
by the superintendent of public instruction. In meeting
these
physical requirements, the driver shall be examined by a
licensed
physician, physicians' assistant, or certified nurse
practitioner
and shall present the medical certificate to the
employer.
(b) The requirements to ensure that a person is qualified to
operate a school bus found in 49 CFR 391.41 through 391.49,
including the appendices of each part, except that the requirement
of 49 CFR 391.41(B)(3) does not apply if diabetes is noted at the
time of examination and is stabilized as provided in subdivision
(c).
(c) A driver who is diabetic may be qualified for 1 year if
the driver's hemoglobin A1C level is less than 8, the driver is
under medical supervision, and the diabetic condition is stabilized
by the use of insulin, hypoglycemic drugs, or a diet that can be
obtained while a driver is on duty. If the hemoglobin A1C level is
8 or greater and less than 9, the driver may be certified for 6
months. If the hemoglobin A1C level is 9 or above, the driver shall
not be certified. Qualified individuals affected under this
subdivision shall be issued a blue department of education medical
card, and all other individuals shall be issued a white federal
department of transportation medical card.
(d) (c)
An employer who has reason to
believe that a driver is
not physically qualified to drive may require a physical
examination
for that driver in accordance with subdivision (b) at
more frequent intervals. If an employer requests a physical
examination under this subdivision, the employer shall indicate in
writing
what physical impairment covered under the requirements of
subdivision
(b) the driver is to be examined
for and shall only be
entitled to that portion of the examination results that pertain to
that impairment. An examination requested by the employer under
this subdivision shall be paid for by the employer.
(e) (d)
A copy of the medical certificate
for a driver shall
be carried by that driver while he or she is operating a school
bus.
(2) A record of each employed school bus driver, including a
copy of his or her medical certificate, department of education
certification, driver license, certificate of road test application
for employment, and any other information that relates to driver
qualification or ability to safely drive a school bus, shall be
maintained in the employer's administrative office.
(3) A school shall submit transportation safety related
documents, such as driver qualification records, and vehicle
maintenance records upon request for inspection and copying to
motor carrier officers or vehicle safety inspectors of the
department of state police.
(4) Upon receipt of an application from a person for the
position of school bus driver, a school shall request from the
department of state police a background check to determine whether
the person was convicted of any of the following offenses:
(a) Criminal sexual conduct in any degree.
(b) Assault with intent to commit criminal sexual conduct.
(c) An attempt to commit criminal sexual conduct in any
degree.
(d) Felonious assault on a child, child abuse, or cruelty,
torture, or indecent exposure involving a child.
(e) A violation of section 145c of the Michigan penal code,
1931 PA 328, MCL 750.145c.
(5) A person shall not smoke on a school bus.
(6) A person shall not possess or consume alcoholic liquor or
a controlled substance on a school bus.
(7) This section does not require new or additional third
party reimbursement or worker's compensation benefits for services
rendered.
