Louisiana 2015 2015 Regular Session

Louisiana House Bill HB695 Engrossed / Bill

                    HLS 15RS-48	ENGROSSED
2015 Regular Session
HOUSE BILL NO. 695
BY REPRESENTATIVE ABRAMSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/TRANSPORTATION:  Provides relative to the loading and unloading of
students on to and off of school buses
1	AN ACT
2To amend and reenact R.S. 17:158(J)(2) and (3) and R.S. 32:80(C), relative to loading and
3 unloading of school buses; to provide relative to restrictions on the location of
4 loading and unloading students; to provide relative to the requirement that other
5 vehicles stop for a school bus that is loading or unloading students; and to provide
6 for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 17:158(J)(2) and (3) are hereby amended and reenacted to read as
9follows:
10 §158.  School buses for transportation of students; employment of bus operators;
11	alternative means of transportation; improvement of school bus turnarounds;
12	loading and unloading students
13	*          *          *
14	J.  The governing authority of each public school shall adopt policies and
15 procedures or shall make provision in its bus transportation service agreement to do
16 all of the following:
17	*          *          *
18	(2)  Prohibit a bus driver from loading or unloading students at or near their
19 homes while the bus is in a traffic lane of any type of street as defined in R.S. 32:1
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HB NO. 695
1 and require that students be loaded or unloaded on a shoulder unless the governing
2 authority determines that loading or unloading on a shoulder is less safe for the
3 student.  However, if there is no shoulder or if the shoulder is determined to be less
4 safe, a bus driver may load and unload a student while the bus is in a lane of traffic
5 but only if the bus is in the lane farthest to the right side of the road so that the
6 student does not need to cross any lane of traffic to get onto or off of the bus there
7 is not a lane of traffic between the bus and the right-side curb or other edge of the
8 road.
9	(3)  Prohibit a bus driver from loading or unloading students a student, either
10 at school or at or near their homes his home, on a roadway in a manner or in a
11 location where all traffic is not controlled by the visual signals on the school bus as
12 provided in R.S. 32:80 that results in students crossing lanes would require the
13 student to cross a lane of traffic on a state on the highway roadway or any other type
14 of street in order to reach his school or home.
15 Section 2.  R.S. 32:80(C) is hereby amended to read as follows:
16 §80.  Overtaking and passing school buses
17	*          *          *
18	C.  The driver of a vehicle upon a highway with separate roadways divided
19 highway as defined in R.S. 32:1 need not stop upon meeting or passing a school bus
20 which is on a different roadway or when upon a controlled access highway and the
21 school bus is stopped in a loading zone which is a part of or adjacent to such
22 highway and where pedestrians are not permitted to cross the roadway.
23	*          *          *
24 Section 3.  This Act shall become effective upon signature by the governor or, if not
25signed by the governor, upon expiration of the time for bills to become law without signature
26by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
27vetoed by the governor and subsequently approved by the legislature, this Act shall become
28effective on the day following such approval.
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HB NO. 695
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 695 Engrossed 2015 Regular Session	Abramson
Abstract:  Amends certain present law restrictions on where school buses may load/unload
students.
Present law requires the governing authority of each public school, including charter schools,
to adopt policies or to make provision in bus transportation service agreements relative to
the loading/unloading of students.
(1)At school:  Present law prohibits loading/unloading students while the bus is in a
traffic lane of a street unless the shoulder of a municipal road is the only available
alternative and the municipality has not designated that shoulder for
loading/unloading students during school zone hours.  Proposed law retains present
law.
(2)At or near home: Present law requires loading/unloading students on a shoulder
unless there is no shoulder; if the loading/unloading must occur in a lane of traffic,
requires that the bus be in the lane farthest to the right side of the road so that the
student does not need to cross any lane of traffic to get onto or off of the bus.
Proposed law retains present law except provides that using the shoulder is not
required if it is less safe and prohibits loading/unloading where there is a lane of
traffic between the bus and the right-side edge of the road rather than prohibiting
loading/unloading where a student would have to cross a lane of traffic.
(3)At school or at or near home: Present law prohibits loading/unloading students in a
manner or in a location that results in students crossing lanes of traffic on a state
highway or any other type of street.  Proposed law instead prohibits loading/
unloading on a roadway in a manner or in a location where all traffic is not
controlled by the visual signals on the school bus as provided in present law (R.S.
32:80) that would require the student to cross lanes of traffic on the roadway in order
to reach his school or home.
Present law (R.S. 32:80(A)(2)) specifies that a highway with two or more lanes in each
direction and a two-way left turn lane is a divided highway with separate roadways, and so
oncoming traffic is not required to stop for a bus on such a highway.  Proposed law removes
this exception from the requirement that vehicles stop for a school bus that is loading/
unloading students.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:158(J)(2) and (3) and R.S. 32:80(C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Require loading/unloading students at or near their homes on a shoulder unless
the shoulder is determined by the school governing authority to be less safe
rather than unsafe.
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2. Prohibit loading/unloading students at school or at or near their homes on certain
roadways instead of certain highways.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.