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H0577.........................................by TRANSPORTATION AND DEFENSE SCHOOL BUS DRIVERS - Amends existing law to change references to school bus drivers; and to authorize a waiver for persons with insulin-dependent diabetes mellitus. 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to Transp 02/23 Rpt out - rec d/p - to 2nd rdg 02/24 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 58-0-12 AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stoicheff, Stone, Taylor, Tilman, Wheeler, Zimmermann NAYS -- None Absent and excused -- Alltus, Callister, Chase, Gould, Hansen(29), Jones, Kellogg, Smith, Stevenson, Trail(Miller), Wood, Mr Speaker Floor Sponsor - Black Title apvd - to Senate 02/28 Senate intro - 1st rdg - to Transp 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/30 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Riggs Title apvd - to House 03/31 To enrol 04/03 Rpt enrol - Sp signed 04/04 Pres signed - to Governor 04/17 Governor signed Session Law Chapter 426 Effective: 07/01/00
H0577|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 577 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO OPERATORS OF SCHOOL BUSES; AMENDING SECTION 33-1508, IDAHO CODE, 3 TO CHANGE REFERENCES TO SCHOOL BUS DRIVERS AND TO MAKE A TECHNICAL CORREC- 4 TION; AND AMENDING SECTION 33-1509, IDAHO CODE, TO CHANGE REFERENCES TO 5 SCHOOL BUS DRIVERS AND AUTHORIZE A WAIVER FOR PERSONS WITH INSULIN- 6 DEPENDENT DIABETES MELLITUS AND TO MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 33-1508, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 33-1508. OPERATION OF SCHOOL BUSES. 1. All school buses shall at all 11 times be operated in conformity with law and with rulesand regulationsof the 12 department of law enforcement and the state board of education. 13 2. No school bus shall: 14 a. Cross any railroad track, or enter or cross any arterial highway with- 15 out first coming to a full stop. If any such crossing, intersection or 16 access be obscured by trees, buildings or other object, or because of 17 wind, storm or fog, thechauffeurschool bus driver shall open such win- 18 dows and doors as will permit him to determine when it is safe to proceed; 19 b. Be operated at any time for the transportation of pupils by any person 20 who does not have a currentchauffeurcommercial driver's license (CDL) as 21 specified in section 49-105, Idaho Code, a valid driver's permit issued by 22 the board of trustees, and the minimum training for bus drivers as pre- 23 scribed by the state board of education; 24 c. Be operated at any time in excess of its maximum occupancy as deter- 25 mined by the manufacturer. Occupancy at no time shall exceed three (3) 26 persons in a seat. 27 SECTION 2. That Section 33-1509, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 33-1509.CHAUFFEURSSCHOOL BUS DRIVERS -- DEFINITION -- QUALIFICATION -- 30 DUTIES. For the purpose of this chapter the term "chauffeurschool bus driver" 31 shall mean any person who at any time is operating a school bus while trans- 32 porting pupils to or from school, or to or from approved school activities. 33 A board of trustees shall employchauffeursschool bus drivers only upon 34 prior application in writing and the board shall require ofchauffeursschool 35 bus drivers employed by others who transport pupils of their district under 36 contract, the same information required in such written application. Each 37 application shall contain at least the minimum information specified by the 38 state department of education. 39 Any person employed as achauffeurschool bus driver shall be over the age 40 of eighteen (18) years, be of good moral character and not addicted to the use 41 of intoxicants or narcotics.ChauffeursSchool bus drivers shall be subject to 2 1 the physical examination standards of the federal motor carrier safety regula- 2 tions. Provided however, that individuals with insulin-dependent diabetes 3 mellitus, who are otherwise medically qualified under the physical examination 4 standards of the federal motor carrier safety regulations, may request a 5 waiver for this condition and, in the discretion of the board of trustees, be 6 issued a school bus driver's permit for intrastate transport of pupils to or 7 from school, or to or from approved school activities. Applicants for a waiver 8 under this section shall provide all information and accompanying documenta- 9 tion as required on a form approved by the state department of education. 10 Before entering upon his duties, eachchauffeurschool bus driver shall file 11 with the board of trustees a current health certificate and, if applicable, a 12 waiver request pursuant to this section with all required information and 13 accompanying documentation. Subsequent health certificates shall be filed with 14 the frequency required by the federal motor carrier safety regulations.Chauf-15feursSchool bus drivers shall be physically able to perform all job-related 16 duties. 17 Eachchauffeurschool bus driver shall at all times possess a valid and 18 appropriate commercial driver's license, including endorsements as specified 19 in section 49-105, Idaho Code, and a school bus driver's permit issued by the 20 board of trustees and, if applicable, a waiver for insulin-dependent diabetes 21 mellitus issued by the board of trustees.SuchThe school bus driver's permit 22 shall be in a form approved by the state department of education and shall be 23 carried on thechauffeur'sschool bus driver's person or be exhibited in full 24 view when the holder thereof is operating any school bus with pupils therein. 25 The board of trustees may for cause, and after a hearing, revoke any 26 school bus driver's permit or waiver for insulin-dependent diabetes mellitus. 27 Eachchauffeurschool bus driver shall maintain such route books and other 28 records as may be required by the state department of education or by the 29 board of trustees of the school district.HeThe school bus driver shall 30 report any pupil whose behavior is such as may endanger the operation of the 31 vehicle, or who damages the same or any part thereof, or whose language is 32 obscene. 33 It shall be the duty of eachchauffeurschool bus driver to report any 34 condition on, or bordering, his route which constitutes a hazard to the safety 35 of the pupils being transported.
REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 09868 This act provides that an insulin-dependent person shall not automatically be denied a school bus driving permit. This bill allows the Board of Trustees to consider on a case-by-case basis whether or not a license can be granted based on a medical qualification. FISCAL IMPACT There will be no fiscal impact on the General Fund. Contact Name: Rep. Max Black Phone: 208/332-1000 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 577