SENATE BILL NO. 467

A bill to amend 1990 PA 187, entitled

"The pupil transportation act,"

by amending section 10 (MCL 257.1810), as amended by 2006 PA 107, and by adding section 10b.

the people of the state of michigan enact:

Sec. 10. (1) Each school bus owned or operated by a public or private nonpublic school, an agent of a school, a private business, or a unit of government for the transportation of pupils to or from school or school-related events shall meet or exceed the federal motor vehicle safety standards applicable to the construction and sale of that school bus and for all seating positions in that vehicle. A school or an agent of a school may transport pupils with disabilities in mobile seating devices in accordance with federal standards specifically applicable to such pupils, their wheelchairs, and related wheelchair securement and occupant protection systems.

(2) A vehicle, other than a school bus, with a manufacturer's rated seating capacity of 11 or more passengers, including the driver, shall not be used to transport pupils to or from school or school-related events. This subsection does not apply to motor buses that are described in section 10a or to public transit agency vehicles used to transport pupils under section 10b.

Sec. 10b. A school may contract with a public transit agency to transport pupils to or from school or school-related events only if no other suitable or economically viable option is available to transport pupils, subject to all of the following:

(a) A vehicle used by the public transit agency must comply with all state and federal safety regulations for that vehicle.

(b) The contract must include all of the following:

(i) That the school and public transit agency must agree, in writing, on the safest and most direct route between the pupil's place of residence and the school or school-related event.

(ii) That the school must request from the criminal records division of the department of state police a criminal history on an individual before allowing that individual to work with the school pursuant to the contract, and must require the individual to submit fingerprints for the purposes of this subparagraph.

(iii) That a driver transporting pupils pursuant to the contract must meet all of the following requirements:

(A) Be 18 years of age or older.

(B) Have not more than 6 points for moving violations on the driver's driving record under section 320a of the Michigan vehicle code, 1949 PA 300, MCL 257.320a.

(C) Meet the qualifications of 49 CFR 391.41 to 391.49, including the appendices of each section.

(iv) That a driver transporting pupils pursuant to the contract must comply with both of the following:

(A) The corporal punishment regulations provided in or developed under section 1312(3), (8), and (9) of the revised school code, 1976 PA 451, MCL 380.1312.

(B) The seclusion and restraint regulations in sections 1307, 1307g, and 1307h of the revised school code, 1976 PA 451, MCL 380.1307, 380.1307g, and 380.1307h.

(v) The number of the public transit agency's vehicles that will be used to transport pupils to a school or school-related event.

(vi) The total expenses that will be incurred by the public transit agency.

(vii) The number of pupils that will be transported.

(viii) The number of miles that will be traveled by the public transit agency's vehicles transporting pupils.

(ix) The contract provisions described in subdivision (f).

(c) A public transit agency's vehicle must pick up and drop off pupils only at locations that are chosen by the school, and that do not require the pupil to cross a roadway to travel to the pick-up location or travel from the drop-off location.

(d) When picking up or dropping off a pupil, a public transit agency's vehicle must be pulled to the far right of or off the roadway as practicable to provide for the safety of pupils loading or unloading and the safe movement of other highway users around the public transit agency's vehicle.

(e) The driver of a public transit agency's vehicle shall activate the vehicle's amber hazard warning lights at least 200 feet before stopping at a pick-up or drop-off location, and shall not deactivate the lights until the process of picking up or dropping off the pupils has been completed.

(f) A school, before establishing a contract with a public transit agency for pupil transportation services, shall require the public transit agency to verify, in writing, that the vehicles used by the public transit agency for pupil transportation services have been inspected by the public transit agency or an agreed-upon third-party entity and have passed that inspection. The contract must include both of the following provisions:

(i) That the public transit agency shall not use any vehicles for pupil transportation services that have not been inspected or have failed inspection, and that a violation of this provision of the contract must result in revocation of the contract.

(ii) That the public transit agency shall submit, in writing, the inspection results of the vehicles that will be used for pupil transportation services to the school within 30 days after the completion of the inspection.