Louisiana 2019 2019 Regular Session

Louisiana House Bill HB156 Engrossed / Bill

                    HLS 19RS-291	REENGROSSED
2019 Regular Session
HOUSE BILL NO. 156
BY REPRESENTATIVE PUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/BUSES-SCHOOL:  Revises provisions related to school buses
1	AN ACT
2To amend and reenact R.S. 17:164 and R.S. 32:289(B) and to enact R.S. 17:3996(A)(18),
3 (19), and (20), relative to school buses; to provide relative to regulations for the
4 construction, design, equipment, and operation of school buses; to provide that
5 certain rules and regulations relative to school buses and school bus operators shall
6 apply to charter schools; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 17:164 is hereby amended and reenacted and R.S. 17:3996(A)(18),
9(19), and (20) are hereby enacted to read as follows:
10 §164.  Regulations relating to construction, design, equipment, and operation of
11	school busses buses
12	The Louisiana state board of education is authorized, directed and
13 empowered to The State Board of Elementary and Secondary Education, hereafter
14 referred to in this Section as the "state board", shall establish and adopt regulations
15 relating to for the construction, design, equipment, and operation of school busses
16 buses used in transportation of students to and from school.  Such regulations shall
17 be provided to encourage competition and in no event shall be devised, worded, or
18 construed so as to restrict competition among manufacturers of school bus bodies,
19 chassis, or other equipment or to benefit or favor in any way a particular
20 manufacturer or group of manufacturers of such bus bodies, chassis, or other
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HB NO. 156
1 equipment, either directly including by reference to detail of design peculiar specific
2 to a particular manufacturer or group of manufacturers; providing, any school bus
3 manufacturers.  A school bus body, chassis, or equipment that meets the latest
4 revised minimum standards for school buses adopted and recommended by the
5 National Conference Congress on School Transportation, sponsored by the National
6 Council of Chief State School Officers, the American Association of School
7 Administrators, NEA, the Department of Rural Education, NEA, and the U.S. Office
8 of Education National Association of State Directors of Pupil Transportation
9 Services, the National Association for Pupil Transportation, the National School
10 Transportation Association, the School Transportation section of the National Safety
11 Council, and the School Bus Manufacturers Technical Council, shall be deemed in
12 compliance with any such regulations adopted by the Louisiana state board of
13 education; providing such rules and regulations as heretofore provided for shall not
14 apply to any feeder busses in operation in the State.  the regulations adopted pursuant
15 to this Section.  Such regulations shall not apply to feeder buses in operation in this
16 state.
17 	*          *          *
18 §3996.  Charter schools; exemptions; requirements
19	A.  Notwithstanding any state law, rule, or regulation to the contrary and
20 except as may be otherwise specifically provided for in an approved charter, a
21 charter school established and operated in accordance with the provisions of this
22 Chapter and its approved charter and the school's officers and employees shall be
23 exempt from all rules and regulations of the state board and those of any local school
24 board that are applicable to public schools and to public school officers and
25 employees except for the following rules and regulations otherwise applicable to
26 public schools regarding:
27	*          *          *
28	(18)  School bus specifications and inspection requirements.
29	(19)  School bus operational procedures.
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HB NO. 156
1	(20)  School bus operator and bus attendant pre-employment screening and
2 training requirements.
3	*          *          *
4 Section 2.  R.S. 32:289(B) is hereby amended and reenacted to read as follows:
5 §289.  Cellular radio telecommunication device use by operators of school
6	buses prohibited; penalties
7	*          *          *
8	B.  For purposes of this Section, "cellular radio telecommunication
9 device" shall mean a device capable of sending or receiving telephone
10 communications without an access line for service and which requires the
11 operator to dial numbers manually or by voice recognition.  It does not
12 include citizens band radios or citizens band radio hybrids or any device with
13 a push-to-talk function used in a similar manner as a citizens band radio or
14 a citizens band radio hybrid.
15	*          *          *
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 156 Reengrossed 2019 Regular Session	Pugh
Abstract:  Provides relative to regulations and standards for the construction, design,
equipping, and operation of school buses.  Provides for the use of certain radio
telecommunication devices by school bus operators.
Present law requires the State Board of Elementary and Secondary Education (BESE) to
adopt regulations for the construction, design, equipment, and operation of school buses. 
Provides that a school bus that meets the latest revised minimum standards for school buses
adopted and recommended by certain national entities is in compliance with the BESE
regulations.  Proposed law changes present law references to the national groups and
associations that have adopted and recommended the most recent revised minimum
standards for school buses.  Otherwise retains present law.
Proposed law provides that BESE rules and regulations relative to school bus specifications
and inspection requirements, operational procedures, and school bus operator and bus
attendant pre-employment screening and training requirements apply to charter schools.
Present law prohibits a school bus operator from engaging in a call on a cellular radio
telecommunication device while driving a school bus.  Provides exceptions in certain
emergency situations.  Defines cellular radio telecommunication device.  Specifies that
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HB NO. 156
citizens band radios and citizens band radio hybrids are not cellular radio telecommunication
devices.  Proposed law adds that a device with a push-to-talk function used in a similar
manner as a citizens band radio or a citizens band radio hybrid is not a cellular radio
telecommunication device.
(Amends R.S. 17:164 and R.S. 32:289(B); Adds R.S. 17:3996(A)(18), (19), and (20))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add that a device with a push-to-talk function is not a cellular radio
telecommunication device.
2. Make technical changes.
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