HB-5363, As Passed Senate, June 2, 2010

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5363

A bill to amend 1990 PA 187, entitled

"The pupil transportation act,"

by amending sections 51 and 53 (MCL 257.1851 and 257.1853), as

amended by 2006 PA 108.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 51. (1) A driver of a school bus transporting passengers

shall have in his or her possession a certificate stating that he

or she has enrolled in the entry level school bus safety education

course or has successfully completed a course in school bus safety

education within the immediately preceding 2 years. The entry level

course shall be available to the school bus driver within 90 days

of enrollment. ~~Enrollment~~ Except as otherwise provided in this

subsection, enrollment certificates shall expire 10 days after the

end of the entry level course in which the driver is enrolled. A

second enrollment certificate shall not be issued. If a person

completes the entry level school bus safety education course after

June 30 of any given year and before completing the subsequent 6-

hour continuing education course, the duration of the entry level

certificate may be extended to the completion of the next available

subsequent 6-hour continuing education course. The entry level

course and subsequent 6-hour continuing education course shall be

approved by the superintendent of public instruction and shall be

provided by an approved educational agency. The certificate of

successful completion of each course shall be prescribed by the

superintendent of public instruction and successfully completed by

an instructor of the course. Failure to successfully complete the

entry level course or to complete the 6-hour continuing education

course within 2 years after certification of successful completion

of a prior course shall be reported by the instructional agency to

the department of education and to the school which employs the

driver. A driver who fails to successfully complete the entry level

course within 90 days after enrollment or to meet the continuing

education requirements shall not be permitted to drive a school bus

transporting passengers.

(2) The person or persons in charge of school bus operations

at a school shall have, at a minimum, successfully completed the

beginning school bus driver training program in his or her first

year serving as the person or persons in charge of the operation.

The person or persons in charge of school bus operations at a

school shall successfully complete 6 hours of supervisory

continuing education every 2 years after the successful completion

of the beginning school bus driver training program. The continuing

education course or courses shall be approved by the superintendent

of public instruction and shall be provided by an approved

educational agency.

(3) The cost of any course instruction and the base rate of

compensation of the driver shall be reimbursed by the state on an

equal basis for public and nonpublic schools as provided for by the

department of education. Attendance by a person at an entry level

course, a continuing education course, or an on-road driver skills

test as required by this section or section 52 shall be considered

compensable work time by the school and the person shall be paid at

not less than their base rate as determined by their individual

contract of employment or their contractual rate as negotiated

between the school and the person's collective bargaining

representative.

(4) The legislature shall appropriate the funds necessary to

implement this section.

Sec. 53. (1) A driver of a school bus shall, at a minimum,

meet the following qualifications:

(a) The requirements of sections 49 and 51.

~~(b) For a school bus operating in intrastate transportation,~~

~~the annual physical requirements for school bus drivers as~~

~~authorized by the superintendent of public instruction. In meeting~~

~~these physical requirements, the driver shall be examined by a~~

~~licensed physician, physicians' assistant, or certified nurse~~

~~practitioner and shall present the medical certificate to the~~

~~employer.~~

(b) The requirements to ensure that a person is qualified to

operate a school bus found in 49 CFR 391.41 to 391.49, including

the appendices of each section, except that the requirement of 49

CFR 391.41(b)(3) does not apply if either of the following is true:

(i) The driver of the school bus has been granted a waiver

under section 3 of the motor carrier safety act of 1963, 1963 PA

181, MCL 480.13.

(ii) The driver of the school bus is employed as a school bus

driver on the effective date of the amendatory act that added this

subdivision, diabetes is noted at the time of examination, and the

requirements of subdivision (c) are met.

the requirements of 49 CFR 391.41(b)(3) as provided in subdivision

(b), in addition to the requirements in subdivision (b), all of the

following requirements must apply:

(i) The driver has been evaluated and treated for diabetes by a

physician and has visited the physician at least 2 times in the

year before the physician completes a survey as required by

subparagraph (ii).

(ii) The physician described in subparagraph (i) has completed a

physician's information survey about the driver on the form

prepared by the state board of education.

(iii) The answers to the physician's information survey

indicates that all of the following apply:

(A) The driver knows what to do if he or she has a

hypoglycemic reaction.

(B) The driver can accurately describe the type, frequency,

and peak action of his or her insulin or oral agent.

snacks and of not misusing meals.

(D) The driver knows how to and, to the physician's knowledge,

does follow his or her meal plan.

(E) The physician has discussed with the driver the driver's

history of hypoglycemic reactions.

(F) The driver is able to recognize signs or symptoms of

hypoglycemia in himself or herself.

(G) The driver always carries an easily accessible source of

sugar or simple carbohydrate.

(iv) The physician's information survey indicates that the

driver has not had a hypoglycemic reaction severe enough to

interfere with the ability to safely drive and control a school bus

in the year before the physician completed the physician's survey.

This subparagraph does not apply if the reaction occurred when

therapy was initiated and the driver has learned how to manage

therapy without incident.

(v) The physician's information survey indicates that the

driver has not been admitted to a hospital or been seen in an

emergency department or urgent care facility for a severe

hypoglycemic reaction in the year before the physician completed

the physician's survey. This subparagraph does not apply if the

reaction occurred when therapy was initiated and the driver has

learned how to manage therapy without incident.

(vi) The physician's information survey indicates that in the

physician's professional opinion, the driver's diabetes is at least

adequately controlled.

(vii) If the driver is using insulin or other hypoglycemic

agents, the driver has completed a driver's information survey on

the form prepared by the state board of education.

(viii) The driver remains under adequate medical supervision.

(ix) The driver supplies supplemental physician's and driver's

information surveys annually.

(d) ~~(c)~~ An employer who has reason to believe that a driver is

not physically qualified to drive may require a physical

examination for that driver ~~in accordance with subdivision (b)~~ at

more frequent intervals. If an employer requests a physical

examination under this subdivision, the employer shall indicate in

writing what physical impairment ~~covered under the requirements of~~

~~subdivision (b)~~ the driver is to be examined for and shall only be

entitled to that portion of the examination results that pertain to

that impairment. An examination requested by the employer under

this subdivision shall be paid for by the employer.

(e) ~~(d)~~ A copy of the medical certificate for a driver shall

be carried by that driver while he or she is operating a school

bus.

(2) A record of each employed school bus driver, including a

copy of his or her medical certificate, department of education

certification, driver license, certificate of road test application

for employment, and any other information that relates to driver

qualification or ability to safely drive a school bus, shall be

maintained in the employer's administrative office.

(3) A school shall submit transportation safety related

documents, such as driver qualification records, and vehicle

maintenance records upon request for inspection and copying to

motor carrier officers or vehicle safety inspectors of the

department of state police.

(4) Upon receipt of an application from a person for the

position of school bus driver, a school shall request from the

department of state police a background check to determine whether

the person was convicted of any of the following offenses:

(a) Criminal sexual conduct in any degree.

(b) Assault with intent to commit criminal sexual conduct.

degree.

(d) Felonious assault on a child, child abuse, or cruelty,

torture, or indecent exposure involving a child.

(e) A violation of section 145c of the Michigan penal code,

1931 PA 328, MCL 750.145c.

(5) A person shall not smoke on a school bus.

(6) A person shall not possess or consume alcoholic liquor or

a controlled substance on a school bus.

(7) This section does not require new or additional third

party reimbursement or worker's compensation benefits for services

rendered.