Kentucky 2024 Regular Session

Kentucky Senate Bill SB90 Latest Draft

Bill / Introduced Version

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AN ACT relating to bus safety. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 156.153 is amended to read as follows: 3 
(1) As used in this section: 4 
(a) "Danger zone" means the area within ten (10) feet of a school bus in any 5 
direction; and[All school buses for which bids are made or bid contracts 6 
awarded shall meet the standards and specifications of the Kentucky 7 
Department of Education. The term ] 8 
(b) "School bus" means[," as used in this section, shall mean] any motor vehicle 9 
which meets the standards and specifications for school buses as provided by 10 
law or by the standards or specifications of the Kentucky Department of 11 
Education authorized by law and used solely in transporting school children 12 
and school employees to and from school under the supervision and control 13 
and at the direction of school authorities, and shall further include school bus 14 
accessory equipment and supplies and replacement equipment considered to 15 
be reasonably adaptable for purchase from price contract agreements.  16 
(2) All school buses for which bids are made or bid contracts awarded shall meet the 17 
standards and specifications of the Kentucky Department of Education. 18 
(3)[(2)] Except in cases of emergencies or for the transportation of students with 19 
disabilities, only school buses as defined in subsection (1) of this section shall be 20 
used for transporting students to and from school along regular bus routes. Districts 21 
may use district-owned vehicles that were designed and built by the manufacturer 22 
for passenger transportation when transporting nine (9) or fewer passengers, 23 
including the driver, for approved school activities. Vehicles used under this 24 
subsection shall be clearly marked as transporting students and shall be safety 25 
inspected no less than once every thirty (30) days. 26 
(4)[(3)] As part of its regular procedure for establishing and updating school bus 27  UNOFFICIAL COPY  	24 RS BR 1437 
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standards and specifications, the Kentucky Department of Education shall consider 1 
allowing school buses to operate using clean transportation fuels, as defined in KRS 2 
186.750. If the department determines that school buses may operate using clean 3 
transportation fuels while maintaining the same or a higher degree of safety as fuels 4 
currently allowed, it shall update its standards and specifications to allow for such 5 
use. 6 
(5) The Kentucky Department of Education shall: 7 
(a) Consider requiring that any new school bus purchased on or after July 1, 8 
2025, be equipped with: 9 
1. Sensors to determine the presence of objects in the danger zone 10 
around the bus; 11 
2. Sensors warning the driver that the door is not completely closed; and 12 
3. Interior cameras; and 13 
(b) Promulgate administrative regulations in accordance with KRS Chapter 14 
13A to establish: 15 
1. The design and installation standards for the sensors; and 16 
2. Retention periods for interior camera recordings; 17 
 which may be required under this subsection. 18 
(6) By June 30, 2025, the Kentucky Department of Education shall submit a report to 19 
the Legislative Research Commission for referral to the Interim Joint Committee 20 
on Education regarding the availability and effectiveness of sensor technology. 21 
Section 2.   KRS 189.540 is amended to read as follows: 22 
(1) The Kentucky Board of Education shall promulgate administrative regulations to 23 
govern the design and operation of all Kentucky school buses and to govern the 24 
operation of district-owned passenger vehicles transporting students under KRS 25 
156.153(3)[(2)]. The board shall, with the advice and aid of the Department of 26 
Kentucky State Police and the Transportation Cabinet, enforce the administrative 27  UNOFFICIAL COPY  	24 RS BR 1437 
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regulations governing the operation of all school buses whether owned by a school 1 
district or privately contracted and all district-owned passenger vehicles 2 
transporting students under KRS 156.153(3)[(2)]. The regulations covering the 3 
operation shall by reference be made a part of any contract with a school district. 4 
Every school district and private contractor referred to under this subsection shall 5 
be subject to those regulations. 6 
(2) Any employee of any school district who violates any of the administrative 7 
regulations in any contract executed on behalf of a school district shall be subject to 8 
removal from office. Any person operating a school bus under contract with a 9 
school district who fails to comply with any of the administrative regulations shall 10 
be guilty of breach of contract and the contract shall be canceled after proper notice 11 
and a hearing by the responsible officers of such school district. 12 
(3) Any person who operates a school bus shall be required to possess a commercial 13 
driver's license issued pursuant to KRS 281A.170 with a school bus endorsement as 14 
described in KRS 281A.175. 15 
Section 3.   KRS 281.635 is amended to read as follows: 16 
Notwithstanding anything contained in this chapter: 17 
(1) All cities of the Commonwealth are vested with the power to grant authorization for 18 
the operation of buses over their streets and highways. Upon acquiring 19 
authorization, the holder of the authorization shall apply to the Department of 20 
Vehicle Regulation for a bus certificate. 21 
(2) The governing body of any city in the Commonwealth in which city buses operate 22 
shall have supervisory and regulatory power over such buses, while operating in the 23 
city, and shall have authority to enforce all ordinances or regulations pertaining to 24 
routes, services, time schedules, and operation of the buses and the drivers thereof, 25 
but any interested party may appeal to the department from any action, finding, or 26 
order of any city within thirty (30) days after the entry of the action, finding, or 27  UNOFFICIAL COPY  	24 RS BR 1437 
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order, and a hearing shall be held in accordance with KRS 281.640; however, any 1 
action, finding, or order of any city shall be sustained if there is substantial evidence 2 
or reason to support it; otherwise the department shall make the orders as it deems 3 
necessary and proper. However, where a carrier's entire operation is confined to 4 
intracity transportation within the corporate limits of a single city, there shall be no 5 
appeal to the department from the actions, findings, or orders of the city. Provided 6 
further, that where any city bus is subject to the regulatory powers of more than one 7 
(1) city and the regulations are in conflict or such as to impede the transportation 8 
facilities serving the cities, or the carrier is failing to furnish safe, adequate and 9 
convenient service to the public, the department may, upon complaint or on its own 10 
initiative, call a hearing and enter orders as are necessary and proper. 11 
(3) The governing body of any city of the first class, a city with a population equal to or 12 
greater than twenty thousand (20,000) based upon the most recent federal decennial 13 
census, and the city's suburban area, or the corporate limits of any city and its 14 
suburban area located in a county which contains a city of the first class, a city with 15 
a population equal to or greater than twenty thousand (20,000) based upon the most 16 
recent federal decennial census, or an urban-county government, in the 17 
Commonwealth in which taxicabs, limousines, or disabled persons vehicles operate 18 
shall have concurrent supervisory and regulatory power over those certified carriers 19 
operating from the city, and shall have authority to enforce all ordinances or 20 
regulations pertaining to their operation, but any interested party may appeal to the 21 
department from any action, finding, or order of any city within thirty (30) days 22 
after the entry of the action, finding, or order, and a hearing shall be held in 23 
accordance with KRS 281.640; however, any action, finding, or order of any city 24 
shall be sustained if there is substantial evidence or reason to support it; otherwise, 25 
the department shall make any orders that it deems necessary and proper. Where 26 
any taxicab, limousine, or disabled persons vehicle carrier is subject to the 27  UNOFFICIAL COPY  	24 RS BR 1437 
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regulatory powers of more than one (1) city and the regulations of those cities are in 1 
conflict or impede serving the transportation needs of the Commonwealth, the 2 
department may, upon complaint or on its own initiative, call a hearing and enter 3 
orders as are necessary and proper, including establishing or requiring the 4 
establishment of uniform regulations. 5 
(4) The governing body of any city of the first class, a city with a population equal to or 6 
greater than twenty thousand (20,000) based upon the most recent federal decennial 7 
census, and the city's suburban area, or the corporate limits of any city and its 8 
suburban area located in a county which contains a city of the first class, a city with 9 
a population equal to or greater than twenty thousand (20,000) based upon the most 10 
recent federal decennial census, or an urban-county government, in the 11 
Commonwealth is hereby vested with the concurrent power to prescribe the 12 
qualifications with respect to the health, vision, sobriety, intelligence, ability, moral 13 
character, and experience of the drivers of taxicabs, limousines, or disabled persons 14 
vehicles operating from the city, and while operating in the city, and may issue 15 
permits for qualified drivers. However, any taxicab, limousine, disabled persons 16 
vehicle, or TNC vehicle driver must also possess a valid operator's license from 17 
Kentucky or another jurisdiction. 18 
(5) The governing bodies of any city in the Commonwealth in which city buses 19 
operate are encouraged to consider requiring any new bus purchased on or after 20 
July 1, 2025, be equipped with sensor technology as set forth in subsection (5) of 21 
Section 1 of this Act. 22 
(6) The governing body of a city shall not have authority over a motor vehicle that is 23 
being operated as a human service transportation delivery vehicle under a contract 24 
with the Transportation Cabinet in accordance with KRS 96A.095(4). 25 
Section 4.   Subsection (5) of Section 1 of this Act may be cited as Ally's Law. 26