Assembly Bill A9355B

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9355

                          I N  A S S E M B L Y

                            February 25, 2016
                               ___________

Introduced by M. of A. HUNTER -- read once and referred to the Committee
  on Education

AN  ACT  to  amend the education law, in relation to establishing a task
  force on safety in school transportation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The education law is amended by adding a new section 3638
to read as follows:
  S 3638. TASK FORCE ON SAFETY IN SCHOOL  TRANSPORTATION.  1.  THERE  IS
HEREBY  CREATED  A  TASK  FORCE  WITH THE PURPOSE OF PROMOTING SAFETY IN
SCHOOL TRANSPORTATION.
  2. THE TASK FORCE SHALL CONSIST OF SEVENTEEN  MEMBERS,  INCLUDING  THE
COMMISSIONER, EX OFFICIO, OR A DESIGNEE; THE COMMISSIONER OF TRANSPORTA-
TION,  EX  OFFICIO, OR A DESIGNEE; THE COMMISSIONER OF THE DEPARTMENT OF
MOTOR VEHICLES, EX OFFICIO, OR A DESIGNEE; THE DIRECTOR OF THE OFFICE OF
TRAFFIC SAFETY AND MOBILITY, EX OFFICIO, OR  A  DESIGNEE;  AND  THIRTEEN
MEMBERS  TO  BE  APPOINTED BY THE GOVERNOR. THE MEMBERS APPOINTED BY THE
GOVERNOR SHALL INCLUDE: ONE SCHOOL DISTRICT TRANSPORTATION  COORDINATOR;
ONE  REPRESENTATIVE OF THE SCHOOL ADMINISTRATORS ASSOCIATION; ONE REPRE-
SENTATIVE OF THE EMPIRE STATE  SUPERVISORS  AND  ADMINISTRATORS  ASSOCI-
ATION;  ONE REPRESENTATIVE OF NEW YORK STATE UNITED TEACHERS; ONE REPRE-
SENTATIVE  OF  THE  NEW  YORK  STATE  SCHOOL  BOARDS  ASSOCIATION;   ONE
REPRESENTATIVE  OF  THE  NEW  YORK  STATE ASSOCIATION OF SCHOOL BUSINESS
OFFICIALS; ONE REPRESENTATIVE OF THE NEW YORK STATE SCHOOL BUS  CONTRAC-
TORS  ASSOCIATION;  ONE  REPRESENTATIVE  OF THE NEW YORK ASSOCIATION FOR
PUPIL TRANSPORTATION; THREE PARENTS OR GUARDIANS OF  STUDENTS  INCLUDING
AT  LEAST  ONE PARENT OF A STUDENT RECEIVING SPECIAL EDUCATION SERVICES;
ONE PUBLIC MEMBER WHO SHALL HAVE KNOWLEDGE  AND  EXPERTISE  IN  ENSURING
SAFETY  IN  SCHOOL TRANSPORTATION; AND ONE PUBLIC MEMBER WHO SHALL BE AN
EXPERT ON THE SAFETY EQUIPMENT AVAILABLE IN SCHOOL TRANSPORTATION  VEHI-
CLES.
  3.  IT  SHALL BE THE DUTY OF THE TASK FORCE TO STUDY ISSUES ASSOCIATED
WITH STUDENT SAFETY IN SCHOOL TRANSPORTATION. THE TASK FORCE SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13449-01-5
              

A. 9355                             2

  A. REVIEW EXISTING STATE LAWS, REGULATIONS, AND PROGRAMS THAT  ADDRESS
SCHOOL  BUS  SAFETY,  AND  MAKE  RECOMMENDATIONS  FOR THEIR IMPROVEMENT,
INCLUDING ANY RECOMMENDATIONS NECESSARY TO ENSURE  THAT  THE  PEDESTRIAN
SAFETY RECORD IS ROUTINELY REVIEWED BY AN APPROPRIATE STATE OFFICE;
  B.  EXAMINE  THE POSSIBILITY OF REQUIRING A STATE DEPARTMENT OR OFFICE
TO CONDUCT A BIANNUAL REVIEW OF ALL ASPECTS OF SCHOOL BUS SAFETY AND  TO
ISSUE  RECOMMENDATIONS  FOR ADDITIONAL ACTION OR OVERSIGHT, AS APPROPRI-
ATE;
  C. DEVELOP A PLAN TO PHASE IN ANY SCHOOL BUS  SAFETY  MEASURES  RECOM-
MENDED  BY  THE  TASK FORCE THROUGH RETROFITTING AND PROSPECTIVE VEHICLE
PURCHASES, AND IDENTIFY THE  POTENTIAL  APPLICATION  OF  VEHICLE  SENSOR
TECHNOLOGY TO IMPROVE SCHOOL BUS SAFETY;
  D. IDENTIFY BEST PRACTICES FOR THE DESIGNATION OF SCHOOL BUS STOPS;
  E.  IDENTIFY  STRATEGIES  THAT  SUPPORT  SAFE  PEDESTRIAN  BEHAVIOR BY
STUDENTS BETWEEN THEIR HOMES AND THEIR  BUS  STOPS,  INCLUDING  AS  THEY
BOARD AND EXIT THE BUS;
  F.  IDENTIFY SAFETY PROTOCOLS TO BE FOLLOWED BY SCHOOL BUS DRIVERS AND
SCHOOL BUS AIDES, INCLUDING SAFEGUARDS  TO  ENSURE  THAT  PROTOCOLS  ARE
FOLLOWED  WHEN  A  SUBSTITUTE DRIVER OR SCHOOL BUS AIDE IS ASSIGNED TO A
SCHOOL BUS;
  G. DEVELOP RECOMMENDATIONS TO CURB ILLEGAL PASSING OF  SCHOOL  BUSSES;
AND
  H.  DETERMINE  IF  THERE  IS  A  NEED  FOR ADDITIONAL PUBLIC EDUCATION
PROGRAMS THAT PROMOTE SCHOOL BUS SAFETY.
  4. ALL APPOINTMENTS TO THE TASK FORCE SHALL BE MADE WITHIN THIRTY DAYS
OF THE EFFECTIVE DATE OF THIS SECTION.  VACANCIES IN THE  MEMBERSHIP  OF
THE  TASK  FORCE  SHALL  BE  FILLED  IN  THE SAME MANNER AS THE ORIGINAL
APPOINTMENTS WERE MADE. THE MEMBERS OF THE TASK FORCE SHALL SERVE  WITH-
OUT  COMPENSATION BUT MAY BE REIMBURSED, WITHIN THE LIMITS OF FUNDS MADE
AVAILABLE TO THE TASK FORCE, FOR  NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES.
  5.  THE  TASK  FORCE  SHALL  ORGANIZE AS SOON AS IS PRACTICAL UPON THE
APPOINTMENT OF A MAJORITY OF ITS MEMBERS. THE TASK FORCE SHALL APPOINT A
SECRETARY WHO NEED NOT BE A MEMBER. THE TASK FORCE SHALL SELECT A  CHAIR
FROM AMONG ITS MEMBERS.
  6.  THE DEPARTMENT SHALL PROVIDE STAFF AND RELATED SUPPORT SERVICES TO
THE TASK FORCE. THE TASK FORCE SHALL ALSO BE ENTITLED TO CALL  UPON  THE
SERVICES  OF  ANY STATE, COUNTY, OR MUNICIPAL DEPARTMENT, BOARD, COMMIS-
SION OR AGENCY, AS MAY BE AVAILABLE TO IT FOR  THESE  PURPOSES,  AND  TO
INCUR  SUCH  TRAVELING  AND  OTHER MISCELLANEOUS EXPENSES AS IT MAY DEEM
NECESSARY FOR THE PROPER EXECUTION OF ITS DUTIES AND AS  MAY  BE  WITHIN
THE  LIMIT  OF  FUNDS APPROPRIATED OR OTHERWISE MADE AVAILABLE TO IT FOR
THESE PURPOSES. THE TASK FORCE MAY MEET AND HOLD HEARINGS AT SUCH PLACES
AS IT SHALL DESIGNATE.
  7. THE TASK FORCE SHALL PRESENT A REPORT OF ITS FINDINGS AND RECOMMEN-
DATIONS TO THE GOVERNOR AND TO THE  LEGISLATURE  NO  LATER  THAN  TWELVE
MONTHS  AFTER  ITS ORGANIZATION AND SHALL CEASE TO EXIST UPON SUBMITTING
SUCH REPORT AND RECOMMENDATIONS.
  S 2. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9355--A

                          I N  A S S E M B L Y

                            February 25, 2016
                               ___________

Introduced by M. of A. HUNTER -- read once and referred to the Committee
  on  Education -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the education law, in relation to  establishing  a  task
  force on safety in school transportation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new  section  3638
to read as follows:
  S  3638.  TASK  FORCE  ON SAFETY IN SCHOOL TRANSPORTATION. 1. THERE IS
HEREBY CREATED A TASK FORCE WITH THE  PURPOSE  OF  PROMOTING  SAFETY  IN
SCHOOL TRANSPORTATION.
  2.  THE  TASK  FORCE SHOULD CONSIST OF EIGHTEEN MEMBERS, INCLUDING THE
COMMISSIONER, EX OFFICIO, OR A DESIGNEE; THE COMMISSIONER OF TRANSPORTA-
TION, EX OFFICIO, OR A DESIGNEE; THE COMMISSIONER OF THE  DEPARTMENT  OF
MOTOR VEHICLES, EX OFFICIO, OR A DESIGNEE; THE DIRECTOR OF THE OFFICE OF
TRAFFIC  SAFETY  AND  MOBILITY,  EX OFFICIO, OR A DESIGNEE; AND FOURTEEN
MEMBERS TO BE APPOINTED BY THE GOVERNOR. THE MEMBERS  APPOINTED  BY  THE
GOVERNOR SHOULD INCLUDE: ONE SCHOOL DISTRICT TRANSPORTATION COORDINATOR;
ONE  REPRESENTATIVE OF THE SCHOOL ADMINISTRATORS ASSOCIATION; ONE REPRE-
SENTATIVE OF THE EMPIRE STATE  SUPERVISORS  AND  ADMINISTRATORS  ASSOCI-
ATION;  ONE REPRESENTATIVE OF NEW YORK STATE UNITED TEACHERS; ONE REPRE-
SENTATIVE  OF  THE  NEW  YORK  STATE  SCHOOL  BOARDS  ASSOCIATION;   ONE
REPRESENTATIVE  OF  THE  NEW  YORK  STATE ASSOCIATION OF SCHOOL BUSINESS
OFFICIALS; ONE REPRESENTATIVE OF THE NEW YORK STATE SCHOOL BUS  CONTRAC-
TORS  ASSOCIATION;  ONE  REPRESENTATIVE  OF THE NEW YORK ASSOCIATION FOR
PUPIL TRANSPORTATION; ONE REPRESENTATIVE OF YOUTH CAMPS WHO IS A  MEMBER
OF  THE  STATE  CAMP  ADVISORY  COUNCIL;  THREE  PARENTS OR GUARDIANS OF
STUDENTS INCLUDING AT LEAST ONE PARENT OF A  STUDENT  RECEIVING  SPECIAL
EDUCATION  SERVICES;  ONE  PUBLIC  MEMBER  WHO  SHALL HAVE KNOWLEDGE AND
EXPERTISE IN ENSURING SAFETY IN SCHOOL TRANSPORTATION;  AND  ONE  PUBLIC
MEMBER  WHO  SHALL  BE  AN  EXPERT  ON THE SAFETY EQUIPMENT AVAILABLE IN
SCHOOL TRANSPORTATION VEHICLES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13449-05-6
              

A. 9355--A                          2

  3. IT SHALL BE THE DUTY OF THE TASK FORCE TO STUDY  ISSUES  ASSOCIATED
WITH STUDENT SAFETY IN SCHOOL TRANSPORTATION. THE TASK FORCE SHALL:
  A.  REVIEW EXISTING STATE LAWS, REGULATIONS, AND PROGRAMS THAT ADDRESS
SCHOOL BUS SAFETY,  AND  MAKE  RECOMMENDATIONS  FOR  THEIR  IMPROVEMENT,
INCLUDING  ANY  RECOMMENDATIONS  NECESSARY TO ENSURE THAT THE PEDESTRIAN
SAFETY RECORD IS ROUTINELY REVIEWED BY AN APPROPRIATE STATE OFFICE;
  B. EXAMINE THE POSSIBILITY OF REQUIRING A STATE DEPARTMENT  OR  OFFICE
TO  CONDUCT A BIANNUAL REVIEW OF ALL ASPECTS OF SCHOOL BUS SAFETY AND TO
ISSUE RECOMMENDATIONS FOR ADDITIONAL ACTION OR OVERSIGHT,  AS  APPROPRI-
ATE;
  C.  DEVELOP  A  PLAN TO PHASE IN ANY SCHOOL BUS SAFETY MEASURES RECOM-
MENDED BY THE TASK FORCE THROUGH RETROFITTING  AND  PROSPECTIVE  VEHICLE
PURCHASES,  AND  IDENTIFY  THE  POTENTIAL  APPLICATION OF VEHICLE SENSOR
TECHNOLOGY TO IMPROVE SCHOOL BUS SAFETY;
  D. IDENTIFY BEST PRACTICES FOR THE DESIGNATION OF SCHOOL BUS STOPS;
  E. REVIEW THE CURRENT SAFETY STATUS OF STUDENTS WHO WALK TO  AND  FROM
SCHOOL  AND IDENTIFY STRATEGIES THAT SUPPORT SAFE PEDESTRIAN BEHAVIOR BY
STUDENTS BETWEEN THEIR HOMES AND SCHOOLS, INCLUDING AS THEY WALK TO  AND
FROM BUS STOPS AND BOARD AND EXIT BUSES;
  F.  IDENTIFY SAFETY PROTOCOLS TO BE FOLLOWED BY SCHOOL BUS DRIVERS AND
SCHOOL BUS AIDES, INCLUDING SAFEGUARDS  TO  ENSURE  THAT  PROTOCOLS  ARE
FOLLOWED  WHEN  A  SUBSTITUTE DRIVER OR SCHOOL BUS AIDE IS ASSIGNED TO A
SCHOOL BUS;
  G. DEVELOP RECOMMENDATIONS TO CURB ILLEGAL PASSING  OF  SCHOOL  BUSES;
AND
  H.  DETERMINE  IF  THERE  IS  A  NEED  FOR ADDITIONAL PUBLIC EDUCATION
PROGRAMS THAT PROMOTE SCHOOL BUS SAFETY.
  4. ALL APPOINTMENTS TO THE TASK FORCE SHALL BE MADE WITHIN THIRTY DAYS
OF THE EFFECTIVE DATE OF THIS SECTION.  VACANCIES IN THE  MEMBERSHIP  OF
THE  TASK  FORCE  SHALL  BE  FILLED  IN  THE SAME MANNER AS THE ORIGINAL
APPOINTMENTS WERE MADE. THE MEMBERS OF THE TASK FORCE SHALL SERVE  WITH-
OUT  COMPENSATION BUT MAY BE REIMBURSED, WITHIN THE LIMITS OF FUNDS MADE
AVAILABLE TO THE TASK FORCE, FOR  NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES.
  5.  THE  TASK  FORCE  SHALL  ORGANIZE AS SOON AS IS PRACTICAL UPON THE
APPOINTMENT OF A MAJORITY OF ITS MEMBERS. THE TASK FORCE SHALL APPOINT A
SECRETARY WHO NEED NOT BE A MEMBER. THE TASK FORCE SHALL SELECT A  CHAIR
FROM AMONG ITS MEMBERS.
  6.  THE DEPARTMENT SHALL PROVIDE STAFF AND RELATED SUPPORT SERVICES TO
THE TASK FORCE. THE TASK FORCE SHALL ALSO BE ENTITLED TO CALL  UPON  THE
SERVICES  OF  ANY STATE, COUNTY, OR MUNICIPAL DEPARTMENT, BOARD, COMMIS-
SION OR AGENCY, AS MAY BE AVAILABLE TO IT FOR  THESE  PURPOSES,  AND  TO
INCUR  SUCH  TRAVELING  AND  OTHER MISCELLANEOUS EXPENSES AS IT MAY DEEM
NECESSARY FOR THE PROPER EXECUTION OF ITS DUTIES AND AS  MAY  BE  WITHIN
THE  LIMIT  OF  FUNDS APPROPRIATED OR OTHERWISE MADE AVAILABLE TO IT FOR
THESE PURPOSES. THE TASK FORCE MAY MEET AND HOLD HEARINGS AT SUCH PLACES
AS IT SHALL DESIGNATE.
  7. THE TASK FORCE SHALL PRESENT A REPORT OF ITS FINDINGS AND RECOMMEN-
DATIONS TO THE GOVERNOR AND TO THE  LEGISLATURE  NO  LATER  THAN  TWELVE
MONTHS  AFTER  ITS ORGANIZATION AND SHALL CEASE TO EXIST UPON SUBMITTING
SUCH REPORT AND RECOMMENDATIONS.
  S 2. This act shall take effect immediately.