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SB1199
THE SENATE
S.B. NO.
1199
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to transportation services
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The legislature finds that the availability
of school bus services is essential to student attendance.
�
School bus services are particularly crucial
for families who live in rural and remote areas, as well as students who come
from socioeconomically disadvantaged communities.
�
Currently, there is a nationwide shortage of
school bus drivers.
�
This shortage is
impacting the State, forcing the suspension or partial suspension of school bus
services to central Oahu and east Hawaii island.
�
In the 2024-2025 school year, a total of one
hundred thirty-eight routes were temporarily suspended, affecting nearly three
thousand seven hundred twenty students who signed up for bus transportation.
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The legislature further finds that,
to address the shortage of school bus drivers in Hawaii, the governor issued an
emergency proclamation in August 2024 to allow the department of transportation
to grant exemptions for the use of vehicles other than school buses to
transport students.
�
Specifically, this
and subsequent related emergency proclamations allow for the transport of
students using vehicles other than school vehicles by drivers possessing a
commercial driver's license with an endorsement authorizing the driving of
vehicles carrying passengers.
�
The
legislature believes that making this exemption permanent may help alleviate
the lack of school bus drivers.
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The purpose of this Act is to ensure
that certain provisions of the governor's August 2024 emergency proclamation on
school bus services is placed into statute by authorizing the use of
motorcoaches, small buses, and vans for school bus services; provided certain
conditions are met.
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SECTION
2
.
�
Section
286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read
as follows:
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"(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:
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(1)
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Mopeds;
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(2)
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Motorcycles,
except for autocycles as described in paragraph (2) of the definition of "motorcycle"
in section 286-2, and motor scooters;
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(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
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(4)
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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:
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(1)
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Impractical due to
the unavailability of school vehicles; or
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(2)
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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:
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(1)
�
To the department
of education to administer to [
public
]
department
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;
]
used;
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(2)
�
To the state
public charter school commission to administer public charter schools based on
criteria developed by the departments of transportation and education; provided
that the state public charter school commission shall submit a report to the
department of transportation at the end of each school year on the extent to
which these exemptions were used;
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[
(2)
]
(3)
�
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
]
(4)
�
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)
]
(5)
�
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)
]
(6)
�
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 that may not meet school bus regulations but shall otherwise meet
vehicle requirements and qualifications set forth in chapter 19-143, Hawaii
Administrative Rules, for school bus services, when an adult staff chaperone
escorts students being transported between designated locations off-campus and
designated locations on-campus,
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.
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(e)
�
The department of transportation shall adopt safety rules and standards
relating to school vehicles, equipment, and drivers, including but not limited
to:
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(1)
�
School vehicle and
school vehicle equipment design, construction, and identification;
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(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;
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(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:
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"(i)
�
As used in subsection (b), a school vehicle
is unavailable when it:
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(1)
�
Is being used
during a specific time for contracted school-related transportation to and from
school or related destinations;
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(2)
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Fails that day's
inspection and has not been repaired;
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(3)
�
Is already in
transportation service;
or
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(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
]."
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SECTION 4.
�
Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Transportation; Department of Education; State Public Charter School
Commission; School Bus Services; Student Transportation; Small Buses,
Motorcoaches, and Vans
Description:
Authorizes
the use of motorcoaches, small buses, and vans for school bus services if
certain conditions are met.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.