RELATING TO SCHOOL BUS SERVICES.

HB288

HOUSE OF REPRESENTATIVES

H.B. NO.

288

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to school bus services
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that this year reported
a historical bus driver shortage resulting in the elimination of nearly eighty
bus routes across the State.
�
Amid driver
shortage, the department of education suspended a total of one hundred and eight
routes in Central Oahu and East Hawaii Island.
�
The suspension affected approximately 3,720
students.
�
In response, Governor Green
expedited the approval of an emergency proclamation to temporarily relax rules
around the types of vehicles that can be used to safely transport students to
and from school, and regulations around the required driver certifications.
�
The proclamation was signed on August 2, 2024,
and will expire on January 26, 2025.
�
It
is essential for the governor's emergency proclamation to be codified to allow
for greater flexibility of school buses services and access for all students.

����
The
purpose of this Act is to:

����
(1)
�
Authorize the use
of motorcoaches, small buses, and vans for school bus services, provided
certain conditions are met;

����
(2)
�
Authorize the
department of education to create a staggered school start time program to mitigate
the school bus driver shortage to increase the availability of student
transportation for the 2025-2026 school year;

����
(3)
�
Appropriate funds
to the department of education for the purchase of motorcoaches, small buses,
and vans for school bus drivers; and

����
(4)
�
Appropriate funds
to the department of education to incentivize obtaining a commercial driver's
license, to increase the number of persons eligible to become school bus
divers.

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SECTION 2.
�
Section 286-102, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

����
"(b)
�
A person operating the following category or
combination of categories of motor vehicles shall be examined as provided in
section 286-108 and duly licensed by the examiner of drivers:

����
(1)
�
Mopeds;

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(2)
�
Motorcycles,
except for autocycles as described in paragraph (2) of the definition of
"motorcycle" in section 286-2, and motor scooters;

����
(3)
�
Passenger cars of
any gross vehicle weight rating, buses designed to transport fifteen or fewer
occupants, trucks and vans having a gross vehicle weight rating of eighteen
thousand pounds or less, and autocycles as described in paragraph (2) of the
definition of "motorcycle" in section 286-2; and

����
(4)
�
All of the motor
vehicles in category (3) and any vehicle that is not a commercial motor
vehicle.

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A school bus
, small bus,
motorcoach,
or van operator shall be properly licensed to operate the
category of vehicles that the operator operates as a school bus
, small bus,
motorcoach,
or van and shall comply with the standards of the department of
transportation as provided by rules adopted pursuant to section 286-181."

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SECTION 3.
�
Section 286-181, Hawaii Revised Statutes, is
amended as follows:

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1.
�

By amending subsections (b) through (e) to read:

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"(b)
�
The department of transportation shall grant
exemptions for the use of vehicles other than school vehicles
, including
motorcoaches, small buses, and vans,
when the department finds that
compliance with this section is:

����
(1)
�
Impractical
due to the unavailability of school vehicles; or

(2)
�
Impractical due to
economic factors.

No exemption shall be granted for the qualifications
of individuals driving a bus as defined in section 286-2 and such individuals
shall meet school vehicle driver qualifications.

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(c)
�

The exemptions in subsection (b) shall be granted:

����
(1)
�
To
the department of education to administer to public schools based on criteria developed
by the departments of transportation and education; provided that the
department of education shall submit a report to the department of
transportation at the end of each school year on the extent to which these
exemptions were utilized;

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(2)
�
To
a board of independent schools, which is registered with the department of
commerce and consumer affairs, to administer to private schools utilizing
criteria developed by the departments of transportation and education; provided
that the board shall submit a report to the department of transportation at the
end of each school year on the extent to which these exemptions were utilized;

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(3)
�
[
Only
for
]
For
the transport of pupils to and from school functions or
school-related activities [
but not
], for transportation to and from a
school[
;
],
and for transportation to and from designated drop off
locations and pick up locations established by the department of education, in
consultation with the department of transportation
;

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(4)
�
Only
when each pupil being transported has obtained a written statement from the
pupil's parent or legal guardian waiving the State's liability; and

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(5)
�
In
accordance with the procedures and criteria established by rules of the
department of transportation.

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(d)
�
[
The
]
Notwithstanding
any law to the contrary, the
department of transportation may grant
exemptions for the use of vehicles other than school vehicles [
for the
transportation of students requiring special education and services
]
,
including the use of motorcoaches, small buses, and vans, for school bus
services
when the department of
transportation
finds that compliance
with this section is impossible or impractical;
provided that an adult staff
chaperone provided by the department of education escorts students being
transported between designated off-campus and designated on-campus locations;

provided
further
that no exemption shall be granted for the
qualifications of individuals driving a bus as defined in section 286-2 and
such individuals shall meet school vehicle driver qualifications[
.
]
;
provided further that the use of vehicles other than school vehicles shall meet
any applicable state and federal regulations.

����
(e)
�

The department of transportation shall adopt safety rules and standards
relating to school vehicles, equipment, and drivers, including but not limited
to:

����
(1)
�
School vehicle and
school vehicle equipment design, construction, and identification;

����
(2)
�
School
vehicle driver qualification and training as required by law;

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(3)
�
School vehicle
operation;

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(4)
�
School vehicle
maintenance and maintenance records;

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(5)
�
Special school
vehicle safety inspections;

(6)
�
Criteria
for passenger loading and unloading safety areas; and

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(7)
�
Procedures
and criteria for the granting of exemptions permitted under subsections (b),
(c), and (d); provided that the rules and standards shall permit the use of
small buses [
or
]
,
vans
[weighing less than ten thousand pounds
]
,
or motorcoaches
for the transportation of pupils of a
public or private

day care center, child care facility, headstart program, [
and
]
preschool,
kindergarten, elementary, or secondary school, including any
special school for children in the State with an accompanying adult staff
chaperone escort provided by the department of education for students transported
between designated locations off-campus and designated locations on
‑
campus

or of school pupils and school staffs to and from school-related
activities."

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2.
�

By amending subsection (i) to read:

����
"(i)
�
As used in subsection (b), a school vehicle
is unavailable when it:

����
(1)
�
Is
being used during a specific time for contracted school-related transportation
to and from school or related destinations;

����
(2)
�
Fails
that day's inspection and has not been repaired;

����
(3)
�
Is
already in transportation service;
or

����
(4)
�
Is
committed for transportation service[
; or

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(5)
�
Does
not meet the requests of a school for a motorcoach with undercarriage storage
compartments and public address system; provided that the use of the motorcoach
shall be used solely for the transportation of middle, intermediate, or high
school student groups to and from school-related events or activities.
�
As used in this paragraph,
"motorcoach" means a vehicle that carries more than twenty-five
passengers, has a gross vehicle weight rating of at least 26,000 pounds, and is
no more than fifteen years old
]."

����
SECTION 4.
�
Chapter 302A, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�302A-
�
��
Staggered school start time program.
�
The department of education may institute
a staggered school start time program in the state public school system to
mitigate the school bus driver shortage to accommodate the 2025-2026 school
year.
"

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SECTION 5.
�
There is appropriated out of the general
revenues of the State of Hawaii the sum of $
�����������
or so much thereof as may be
necessary for fiscal year 2025-2026 and the same sum or so much thereof as may
be necessary for fiscal year 2026-2027 for the purchasing of motorcoaches,
small buses, and vans for school bus services.

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The sum appropriated shall be
expended by the department of education for the purposes of this Act.

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SECTION 6.
�
There is appropriated out of the general
revenues of the State of Hawaii the sum of $
�����������
or so much thereof as may be
necessary for fiscal year 2025-2026 and the same sum or so much thereof as may
be necessary for fiscal year 2026-2027 for the department of education to
incentivize obtaining a commercial driver's license.

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The sum appropriated shall be
expended by the department of education for the purposes of this Act.

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SECTION 7.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 8.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DOT; DOE;
School Bus Services; Staggered Start Times; Minority Caucus Package

Description:

Authorizes
the Department of Education to use alternative vehicles for student
transportation under certain conditions and appropriates funds for the purchase
of alternative vehicles and individuals to obtain CDL licensure.
�
Allows Department schools to initiate
staggered start times.
�
Appropriates
funds.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.