Hawaii 2025 Regular Session

Hawaii Senate Bill SB1199 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 THE SENATE S.B. NO. 1199 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to transportation services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
22
33 THE SENATE S.B. NO. 1199
44 THIRTY-THIRD LEGISLATURE, 2025
55 STATE OF HAWAII
66
77 THE SENATE
88
99 S.B. NO.
1010
1111 1199
1212
1313 THIRTY-THIRD LEGISLATURE, 2025
1414
1515
1616
1717 STATE OF HAWAII
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131 A BILL FOR AN ACT
3232
3333
3434
3535
3636
3737 relating to transportation services.
3838
3939
4040
4141
4242
4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
4444
4545
4646
4747 SECTION 1. The legislature finds that the availability of school bus services is essential to student attendance. School bus services are particularly crucial for families who live in rural and remote areas, as well as students who come from socioeconomically disadvantaged communities. Currently, there is a nationwide shortage of school bus drivers. This shortage is impacting the State, forcing the suspension or partial suspension of school bus services to central Oahu and east Hawaii island. In the 2024-2025 school year, a total of one hundred thirty-eight routes were temporarily suspended, affecting nearly three thousand seven hundred twenty students who signed up for bus transportation. The legislature further finds that, to address the shortage of school bus drivers in Hawaii, the governor issued an emergency proclamation in August 2024 to allow the department of transportation to grant exemptions for the use of vehicles other than school buses to transport students. Specifically, this and subsequent related emergency proclamations allow for the transport of students using vehicles other than school vehicles by drivers possessing a commercial driver's license with an endorsement authorizing the driving of vehicles carrying passengers. The legislature believes that making this exemption permanent may help alleviate the lack of school bus drivers. The purpose of this Act is to ensure that certain provisions of the governor's August 2024 emergency proclamation on school bus services is placed into statute by authorizing the use of motorcoaches, small buses, and vans for school bus services; provided certain conditions are met. SECTION 2. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers: (1) Mopeds; (2) Motorcycles, except for autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2, and motor scooters; (3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, trucks and vans having a gross vehicle weight rating of eighteen thousand pounds or less, and autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2; and (4) All of the motor vehicles in category (3) and any vehicle that is not a commercial motor vehicle. A school bus, small bus, motorcoach, or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus, small bus, motorcoach, or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181." SECTION 3. Section 286-181, Hawaii Revised Statutes, is amended as follows: 1. By amending subsections (b) through (e) to read: "(b) The department of transportation shall grant exemptions for the use of vehicles other than school vehicles, including motorcoaches, small buses, and vans, when the department finds that compliance with this section is: (1) Impractical due to the unavailability of school vehicles; or (2) Impractical due to economic factors. No exemption shall be granted for the qualifications of individuals driving a bus as defined in section 286-2 and such individuals shall meet school vehicle driver qualifications. (c) The exemptions in subsection (b) shall be granted: (1) To the department of education to administer to [public] department schools based on criteria developed by the departments of transportation and education; provided that the department of education shall submit a report to the department of transportation at the end of each school year on the extent to which these exemptions were [utilized;] used; (2) To the state public charter school commission to administer public charter schools based on criteria developed by the departments of transportation and education; provided that the state public charter school commission shall submit a report to the department of transportation at the end of each school year on the extent to which these exemptions were used; [(2)] (3) To a board of independent schools, which is registered with the department of commerce and consumer affairs, to administer to private schools utilizing criteria developed by the departments of transportation and education; provided that the board shall submit a report to the department of transportation at the end of each school year on the extent to which these exemptions were utilized; [(3) Only for] (4) For the transport of pupils to and from school functions or school-related activities [but not], for transportation to and from a school[;], and for transportation to and from designated drop off locations and pick up locations established by the department of education, in consultation with the department of transportation; [(4)] (5) Only when each pupil being transported has obtained a written statement from the pupil's parent or legal guardian waiving the State's liability; and [(5)] (6) In accordance with the procedures and criteria established by rules of the department of transportation. (d) [The] Notwithstanding any law to the contrary, the department of transportation may grant exemptions for the use of vehicles other than school vehicles [for the transportation of students requiring special education and services], including the use of motorcoaches, small buses, and vans that may not meet school bus regulations but shall otherwise meet vehicle requirements and qualifications set forth in chapter 19-143, Hawaii Administrative Rules, for school bus services, when an adult staff chaperone escorts students being transported between designated locations off-campus and designated locations on-campus, when the department of transportation finds that compliance with this section is impossible or impractical; provided that an adult staff chaperone provided by the department of education escorts students being transported between designated off-campus and designated on-campus locations; provided further that no exemption shall be granted for the qualifications of individuals driving a bus as defined in section 286-2 and such individuals shall meet school vehicle driver qualifications. (e) The department of transportation shall adopt safety rules and standards relating to school vehicles, equipment, and drivers, including but not limited to: (1) School vehicle and school vehicle equipment design, construction, and identification; (2) School vehicle driver qualification and training as required by law; (3) School vehicle operation; (4) School vehicle maintenance and maintenance records; (5) Special school vehicle safety inspections; (6) Criteria for passenger loading and unloading safety areas; and (7) Procedures and criteria for the granting of exemptions permitted under subsections (b), (c), and (d); provided that the rules and standards shall permit the use of small buses [or], vans [weighing less than ten thousand pounds], or motorcoaches for the transportation of pupils of a public or private day care center, child care facility, headstart program, [and] preschool, kindergarten, elementary, or secondary school, including any special school for children in the State with an accompanying adult staff chaperone escort provided by the department of education for students transported between designated locations off-campus and designated locations on‑campus or of school pupils and school staffs to and from school-related activities." 2. By amending subsection (i) to read: "(i) As used in subsection (b), a school vehicle is unavailable when it: (1) Is being used during a specific time for contracted school-related transportation to and from school or related destinations; (2) Fails that day's inspection and has not been repaired; (3) Is already in transportation service; or (4) Is committed for transportation service[; or (5) Does not meet the requests of a school for a motorcoach with undercarriage storage compartments and public address system; provided that the use of the motorcoach shall be used solely for the transportation of middle, intermediate, or high school student groups to and from school-related events or activities. As used in this paragraph, "motorcoach" means a vehicle that carries more than twenty-five passengers, has a gross vehicle weight rating of at least 26,000 pounds, and is no more than fifteen years old]." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
4848
4949 SECTION 1. The legislature finds that the availability of school bus services is essential to student attendance. School bus services are particularly crucial for families who live in rural and remote areas, as well as students who come from socioeconomically disadvantaged communities. Currently, there is a nationwide shortage of school bus drivers. This shortage is impacting the State, forcing the suspension or partial suspension of school bus services to central Oahu and east Hawaii island. In the 2024-2025 school year, a total of one hundred thirty-eight routes were temporarily suspended, affecting nearly three thousand seven hundred twenty students who signed up for bus transportation.
5050
5151 The legislature further finds that, to address the shortage of school bus drivers in Hawaii, the governor issued an emergency proclamation in August 2024 to allow the department of transportation to grant exemptions for the use of vehicles other than school buses to transport students. Specifically, this and subsequent related emergency proclamations allow for the transport of students using vehicles other than school vehicles by drivers possessing a commercial driver's license with an endorsement authorizing the driving of vehicles carrying passengers. The legislature believes that making this exemption permanent may help alleviate the lack of school bus drivers.
5252
5353 The purpose of this Act is to ensure that certain provisions of the governor's August 2024 emergency proclamation on school bus services is placed into statute by authorizing the use of motorcoaches, small buses, and vans for school bus services; provided certain conditions are met.
5454
5555 SECTION 2. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
5656
5757 "(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers:
5858
5959 (1) Mopeds;
6060
6161 (2) Motorcycles, except for autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2, and motor scooters;
6262
6363 (3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, trucks and vans having a gross vehicle weight rating of eighteen thousand pounds or less, and autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2; and
6464
6565 (4) All of the motor vehicles in category (3) and any vehicle that is not a commercial motor vehicle.
6666
6767 A school bus, small bus, motorcoach, or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus, small bus, motorcoach, or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181."
6868
6969 SECTION 3. Section 286-181, Hawaii Revised Statutes, is amended as follows:
7070
7171 1. By amending subsections (b) through (e) to read:
7272
7373 "(b) The department of transportation shall grant exemptions for the use of vehicles other than school vehicles, including motorcoaches, small buses, and vans, when the department finds that compliance with this section is:
7474
7575 (1) Impractical due to the unavailability of school vehicles; or
7676
7777 (2) Impractical due to economic factors.
7878
7979 No exemption shall be granted for the qualifications of individuals driving a bus as defined in section 286-2 and such individuals shall meet school vehicle driver qualifications.
8080
8181 (c) The exemptions in subsection (b) shall be granted:
8282
8383 (1) To the department of education to administer to [public] department schools based on criteria developed by the departments of transportation and education; provided that the department of education shall submit a report to the department of transportation at the end of each school year on the extent to which these exemptions were [utilized;] used;
8484
8585 (2) To the state public charter school commission to administer public charter schools based on criteria developed by the departments of transportation and education; provided that the state public charter school commission shall submit a report to the department of transportation at the end of each school year on the extent to which these exemptions were used;
8686
8787 [(2)] (3) To a board of independent schools, which is registered with the department of commerce and consumer affairs, to administer to private schools utilizing criteria developed by the departments of transportation and education; provided that the board shall submit a report to the department of transportation at the end of each school year on the extent to which these exemptions were utilized;
8888
8989 [(3) Only for] (4) For the transport of pupils to and from school functions or school-related activities [but not], for transportation to and from a school[;], and for transportation to and from designated drop off locations and pick up locations established by the department of education, in consultation with the department of transportation;
9090
9191 [(4)] (5) Only when each pupil being transported has obtained a written statement from the pupil's parent or legal guardian waiving the State's liability; and
9292
9393 [(5)] (6) In accordance with the procedures and criteria established by rules of the department of transportation.
9494
9595 (d) [The] Notwithstanding any law to the contrary, the department of transportation may grant exemptions for the use of vehicles other than school vehicles [for the transportation of students requiring special education and services], including the use of motorcoaches, small buses, and vans that may not meet school bus regulations but shall otherwise meet vehicle requirements and qualifications set forth in chapter 19-143, Hawaii Administrative Rules, for school bus services, when an adult staff chaperone escorts students being transported between designated locations off-campus and designated locations on-campus, when the department of transportation finds that compliance with this section is impossible or impractical; provided that an adult staff chaperone provided by the department of education escorts students being transported between designated off-campus and designated on-campus locations; provided further that no exemption shall be granted for the qualifications of individuals driving a bus as defined in section 286-2 and such individuals shall meet school vehicle driver qualifications.
9696
9797 (e) The department of transportation shall adopt safety rules and standards relating to school vehicles, equipment, and drivers, including but not limited to:
9898
9999 (1) School vehicle and school vehicle equipment design, construction, and identification;
100100
101101 (2) School vehicle driver qualification and training as required by law;
102102
103103 (3) School vehicle operation;
104104
105105 (4) School vehicle maintenance and maintenance records;
106106
107107 (5) Special school vehicle safety inspections;
108108
109109 (6) Criteria for passenger loading and unloading safety areas; and
110110
111111 (7) Procedures and criteria for the granting of exemptions permitted under subsections (b), (c), and (d);
112112
113113 provided that the rules and standards shall permit the use of small buses [or], vans [weighing less than ten thousand pounds], or motorcoaches for the transportation of pupils of a public or private day care center, child care facility, headstart program, [and] preschool, kindergarten, elementary, or secondary school, including any special school for children in the State with an accompanying adult staff chaperone escort provided by the department of education for students transported between designated locations off-campus and designated locations on‑campus or of school pupils and school staffs to and from school-related activities."
114114
115115 2. By amending subsection (i) to read:
116116
117117 "(i) As used in subsection (b), a school vehicle is unavailable when it:
118118
119119 (1) Is being used during a specific time for contracted school-related transportation to and from school or related destinations;
120120
121121 (2) Fails that day's inspection and has not been repaired;
122122
123123 (3) Is already in transportation service; or
124124
125125 (4) Is committed for transportation service[; or
126126
127127 (5) Does not meet the requests of a school for a motorcoach with undercarriage storage compartments and public address system; provided that the use of the motorcoach shall be used solely for the transportation of middle, intermediate, or high school student groups to and from school-related events or activities. As used in this paragraph, "motorcoach" means a vehicle that carries more than twenty-five passengers, has a gross vehicle weight rating of at least 26,000 pounds, and is no more than fifteen years old]."
128128
129129 SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
130130
131131 SECTION 5. This Act shall take effect upon its approval.
132132
133133
134134
135135 INTRODUCED BY: _____________________________
136136
137137 INTRODUCED BY:
138138
139139 _____________________________
140140
141141
142142
143143
144144
145145 Report Title: Department of Transportation; Department of Education; State Public Charter School Commission; School Bus Services; Student Transportation; Small Buses, Motorcoaches, and Vans Description: Authorizes the use of motorcoaches, small buses, and vans for school bus services if certain conditions are met. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
146146
147147
148148
149149
150150
151151 Report Title:
152152
153153 Department of Transportation; Department of Education; State Public Charter School Commission; School Bus Services; Student Transportation; Small Buses, Motorcoaches, and Vans
154154
155155
156156
157157 Description:
158158
159159 Authorizes the use of motorcoaches, small buses, and vans for school bus services if certain conditions are met.
160160
161161
162162
163163
164164
165165
166166
167167 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.