ENROLLED
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 533
Regular Session, 2010
HOUSE BILL NO. 1276
BY REPRESENTATIVES HARDY, AUBERT, BARRAS, BILLIOT, HENRY BURNS,
TIM BURNS, CARMODY, CARTER, CHAMPAGNE, DOWNS, GUI LLORY,
HOFFMANN, LABRUZZO, LEGER, LIGI, MILLS, POPE, PUGH, RICHARD,
RICHARDSON, JANE SMITH, PATRICIA SMITH, TALBOT, TEMPLET,
THIBAUT, AND WHITE AND SENATORS ALARIO, APPEL, BROOME, LONG,
MARTINY, MORRELL, MOUNT, AND WALSWORTH
AN ACT1
To amend and reenact R.S. 17:493(A) and (C) and to enact R.S. 17:491.3 and 3996(B)(24),2
relative to school bus operators; to require a school bus operator to report his arrest3
for specified offenses involving operating a vehicle; to provide relative to guidelines,4
procedures, and timelines for such reporting; to provide relative to administration;5
to provide definitions; to provide applicability; to provide relative to the failure of6
the operator to report; to provide effectiveness; to provide an effective date; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:493(A) and (C) are hereby amended and reenacted and R.S.10
17:491.3 and 3996(B)(24) are hereby enacted to read as follows: 11
§491.3. Reporting of certain arrests; requirements; failure to report12
A. Effective January 1, 2011, and thereafter, a school bus operator shall13
report his arrest for a violation of R.S. 14:98, 98.1, or any other law or ordinance that14
prohibits operating a vehicle while under the influence of alcohol or any abused15
substance or controlled dangerous substance set forth in the schedules provided in16
R.S. 40:964.17
B. The report required by Subsection A of this Section shall be made by the18
operator to a person or persons as specified by the governing authority of the school19
in rules and regulations required by this Section. Such report shall be made within20
twenty-four hours of the arrest or prior to the operator next reporting for his work21
assignment as a school bus operator, whichever time period is shorter. Such report22
shall be made by the school bus operator regardless of who owns or leases the23 ENROLLEDHB NO. 1276
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
vehicle being driven by the operator at the time of the offense for which he was1
arrested and regardless of whether the operator was performing an official duty or2
responsibility as a school bus operator at the time of the offense.3
C. The provisions of this Section shall apply to an arrest occurring after4
December 31, 2010, for a violation as specified in Subsection A of this Section.5
D.(1) A school bus operator who fails to comply with the provisions of this6
Section shall be terminated by the governing authority employing the operator if7
such operator is serving a probationary term of employment as provided by R.S.8
17:492 or if the provisions of law relative to probation and tenure of bus operators9
are not applicable to the operator.10
(2) A school bus operator employed by a city, parish, or other local public11
school board who is a regular and permanent employee of the board as provided by12
R.S. 17:492 shall be subject to removal as provided by R.S. 17:493 for failure to13
comply with the provisions of this Section. Written and signed charges alleging such14
failure shall be brought against the bus operator.15
E. The governing authority of each public elementary or secondary school,16
by not later than October 1, 2010, shall adopt rules, regulations, and procedures17
necessary to administer the provisions of this Section. Such rules, regulations, and18
procedures shall be consistent with the provisions of this Section.19
F. For the purposes of this Section, "school bus operator" means any20
employee of a city, parish, or other local public school board or other governing21
authority of a public elementary or secondary school whose duty it is to transport22
students in any school bus or activity bus to and from a school approved by the State23
Board of Elementary and Secondary Education or to and from any school-related24
activity.25
* * *26
§493. Removal of bus operators; procedures; right to appeal27
A. A permanent school bus operator shall not be removed from his position28
except upon written and signed charges of willful neglect of duty, or incompetence,29
or immorality, or drunkenness while on duty, or failure to comply with the reporting30 ENROLLEDHB NO. 1276
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
requirements of R.S. 17:491.3 relative to being arrested for one or more of the1
specified offenses, or physical disability to perform his duties, or failure to keep his2
transfer equipment in a safe, comfortable, and practical operating condition, or of3
being a member of or contributing to any group, organization, movement, or4
corporation that is prohibited by law or injunction from operating in the state, and5
then only if found guilty after a hearing by the school board of the parish or city in6
which the school bus operator is employed. An additional ground for the removal7
from office of any permanent school bus operator shall be the abolition,8
discontinuance, or consolidation of routes, but then only if it is found as a fact, after9
a hearing by the school board of the parish or city, that it is in the best interests of the10
school system to abolish, discontinue, or consolidate said route or routes.11
* * *12
C. If a permanent school bus operator is found guilty by a school board, after13
due and legal hearing as provided herein, on charges of willful neglect of duty, or of14
incompetency, or immorality, or drunkenness while on duty, or failure to comply15
with the reporting requirements of R.S. 17:491.3, relative to being arrested for one16
or more of the specified offenses, or physical disability to perform his duties, or17
failure to keep his transfer equipment in a safe, comfortable, and practical operating18
condition, or of being a member of or contributing to any group, organization,19
movement, or corporation that is prohibited by law or injunction from operating in20
the state, and ordered removed from office, or disciplined by the board, the21
superintendent with approval of the board shall furnish to the school bus operator a22
written statement of recommendation of removal or discipline, which shall include23
but not be limited to the exact reason, offense, or instance upon which the24
recommendation is based. Such operator may, not more than one year from the date25
of the said finding, petition a court of competent jurisdiction for a full hearing to26
review the action of the school board, and the court shall have jurisdiction to affirm27
or reverse the action of the school board in the matter. If the finding of the school28
board is reversed by the court and the operator is ordered reinstated and restored to29 ENROLLEDHB NO. 1276
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
duty, the operator shall be entitled to full pay for any loss of time or salary he may1
have sustained by reason of the action of the said school board.2
* * *3
§3996. Charter schools; exemptions4
* * *5
B. Notwithstanding any state law, rule, or regulation to the contrary and6
except as may be otherwise specifically provided for in an approved charter, a7
charter school established and operated in accordance with the provisions of this8
Chapter and its approved charter and the school's officers and employees shall be9
exempt from all statutory mandates or other statutory requirements that are10
applicable to public schools and to public school officers and employees except for11
the following laws otherwise applicable to public schools with the same grades:12
* * *13
(24) Reporting by a school bus operator employed by the governing14
authority of a public elementary or secondary school of his arrest for one or more of15
the specified offenses relative to operating a vehicle, R.S. 17:491.3.16
* * *17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: