HB1160

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\r\n HOUSE OF REPRESENTATIVES \r\n	\r\n H.B. NO. \r\n	\r\n 1160 \r\n
\r\n THIRTY-THIRD LEGISLATURE, 2025 \r\n		\r\n \r\n
\r\n STATE OF HAWAII \r\n		\r\n \r\n
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A BILL FOR AN ACT

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RELATING TO PUPIL TRANSPORTATION SAFETY.

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

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\xa0\xa0\xa0\xa0 SECTION 1.\xa0 Section\r\n286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read\r\nas follows:

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\xa0\xa0\xa0\xa0 "(b) \xa0A person operating the following category or\r\ncombination of categories of motor vehicles shall be examined as provided in\r\nsection 286-108 and duly licensed by the examiner of drivers:

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\xa0\xa0\xa0\xa0 (1)\xa0 Mopeds;

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\xa0\xa0\xa0\xa0 (2)\xa0 Motorcycles,\r\nexcept for autocycles as described in paragraph (2) of the definition of\r\n"motorcycle" in section 286-2, and motor scooters;

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\xa0\xa0\xa0\xa0 (3)\xa0 Passenger\r\ncars of any gross vehicle weight rating, buses designed to transport fifteen or\r\nfewer occupants, trucks and vans having a gross vehicle weight rating of\r\neighteen thousand pounds or less, and autocycles as described in paragraph (2)\r\nof the definition of "motorcycle" in section 286-2; and

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\xa0\xa0\xa0\xa0 (4)\xa0 All\r\nof the m"b"otor vehicles in category (3) and any vehicle that is not a commercial\r\nmotor vehicle.

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\xa0\xa0\xa0\xa0 A school bus, motorcoach, small bus,\r\nor van operator shall be properly licensed to operate the category of vehicles\r\nthat the operator operates as a school bus, motorcoach, small bus, or\r\nvan and shall comply with the standards of the department of transportation as\r\nprovided by rules adopted pursuant to section 286-181."

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\xa0\xa0\xa0\xa0 SECTION 2.\xa0\r\nSection 286-181, Hawaii Revised Statutes, is amended as follows:

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\xa0\xa0\xa0\xa0 1.\xa0\r\nBy amending subsections (b) through (e) to read as follows:"b'

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\xa0\xa0\xa0\xa0 "(b) \xa0The department of\r\ntransportation shall grant exemptions for the use of vehicles other than school\r\nvehicles, such as motorcoaches, small buses, and vans, when the\r\ndepartment finds that compliance with this section is:

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\xa0\xa0\xa0\xa0 (1)\xa0 Impractical\r\ndue to the unavailability of school vehicles; or

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\xa0\xa0\xa0\xa0 (2)\xa0 Impractical\r\ndue to economic factors.

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No\r\nexemption shall be granted for the qualifications of individuals driving a bus\r\nas defined in section 286-2 and such individuals shall meet school vehicle\r\ndriver qualifications.

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\xa0\xa0\xa0\xa0 (c)\xa0\r\nThe exemptions in subsection (b) shall be granted:

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\xa0\xa0\xa0\xa0 (1)\xa0 To\r\nthe department of education to administer to [~~public~~] department\r\nschools based on criteria developed by the departments of transportation and\r\neducation; provided that the department of education shall submit a report to\r\nthe department of transportation at the end of each school year on the extent\r\nto which these exemptions were [~~utilized;~~] used;

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\xa0\xa0\xa0\xa0 (2)\xa0 To\r\nthe state public charter school commission to administer public charter schools\r\nbased on criteria developed by the departments of transportation and education;\r\nprovided that the state public charter school commission shall submit a report\r\nto the department of transportation at the end of each school year on the\r\nextent to which these exemptions were used;

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\xa0\xa0\xa0 [~~(2)~~] (3)\xa0 To a board of independent schools, which is\r\nregistered with the department of commerce and consumer affairs, to administer\r\nto private schools utilizing criteria developed by the departments of\r\ntransportation and education; provided that the board shall submit a report to\r\nthe department of transportation at the end of each schoo"b"l year on the extent\r\nto which these exemptions were utilized;

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\xa0\xa0\xa0 [~~(3)~~] (4)\xa0 [~~Only for~~] For the transport of\r\npupils to and from school functions or school-related activities [~~but not~~]\r\nand for transportation to and from a school;

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\xa0\xa0\xa0 [~~(4)~~] (5)\xa0 Only when each pupil being transported has\r\nobtained a written statement from the pupil's parent or legal guardian waiving\r\nthe State's liability; and

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\xa0\xa0\xa0 [~~(5)~~] (6)\xa0 In accordance with the procedures and\r\ncriteria established by rules of the department of transportation.

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\xa0\xa0\xa0\xa0 (d)\xa0\r\nThe department of transportation may grant exemptions for the use of\r\nvehicles other than school vehicles [~~for the transportation of students\r\nrequiring special education and services~~], including the use of motorcoaches, small buses, and vans that may\r\nnot meet school bus regulations but that shall otherwise meet vehicle\r\nrequirements and qualifications set forth in chapter 19-143, Hawaii\r\nAdministrative Rules, for school bus services, when an adult staff chaperone\r\nescorts students being transported between designated locations off-campus and\r\ndesignated locations on-campus, when the department of\r\ntransportation finds that compliance with this section is impossible or\r\nimpractical; provided that no exemption shall be granted for the qualifications\r\nof individuals driving a bus as defined in section 286-2 and such individuals\r\nshall meet school vehicle driver qualifications.

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\xa0\xa0\xa0\xa0 (e)\xa0 The department of transportation shall adopt\r\nsafety rules and standards relating to school vehicles, equipment, and drivers,\r\nincluding but not limited to:

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\xa0\xa0\xa0\xa0 (1)\xa0 School\r\nvehicle and school vehicle equipment design, construction, and identification;

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\xa0\xa0\xa0\xa0 (2)\xa0 School\r\nvehicle driver qualification and training as required by law;

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\xa0\xa0\xa0\xa0 (3)\xa0 School\r\nvehicle operation;

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\xa0\xa0\xa0\xa0 (4)\xa0 School\r\nvehicle maintenance and maintenance records;

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\xa0\xa0\xa0\xa0 (5)\xa0 Special\r\nschool vehicle safety inspections;

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\xa0\xa0\xa0\xa0 (6)\xa0 Criteria\r\nfor passenger loading and unloading safety areas; and

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\xa0\xa0\xa0\xa0 (7)\xa0 Procedures\r\nand criteria for the granting of exemptions permitted under subsections (b),\r\n(c), and (d);

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provided\r\nthat the rules and standards shall permit the use of motorcoaches, small\r\nbuses, or, vans [~~weighing less than ten thousand pounds~~]\r\nfor the transportation of pupils of a day care center, child care facility,\r\nheadstart program, [~~and~~] preschool, kindergarten, elementary, or\r\nsecondary school, public or private, including any special school for children\r\nin the State, with adult staff chaperone escorts while students are being\r\ntransported between designated locations off-campus and designated locations\r\non-campus or of school pupils and school staffs to and from school-related\r\nactivities."

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\xa0\xa0\xa0\xa0 2.\xa0\r\nby amending subsection (i) to read as follows:

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\xa0\xa0\xa0\xa0 "(i)\xa0\r\nAs used in subsection (b), a school vehicle is unavailable when it:

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\xa0\xa0\xa0\xa0 (1)\xa0 Is\r\nbeing used during a specific time for contracted school-related transportation\r\nto and from school or related destinations;

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\xa0\xa0\xa0\xa0 (2)\xa0 Fails\r\nthat day's inspection and has not been repaired;

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\xa0\xa0\xa0\xa0 (3)\xa0 Is\r\nalready in transportation service; or

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\xa0\xa0\xa0\xa0 (4)\xa0 Is\r\ncommitted for transportation service[~~; or~~

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\xa0\xa0\xa0\xa0 ~~(5)~~\xa0 Does\r\nnot meet the requests of a school for a motorcoach with undercarriage storage\r\ncompartments and public address system; provided that the use of the motorcoach\r\nshall be used solely for the transportation of middle, intermediate, or high\r\nschool student groups to and from school-related events or activities.\xa0 As used in this paragraph,\r\n"motorcoach" means a vehicle that carries more than twenty-five\r\npassengers, has a gross vehicle weight rating of at least 26,000 pounds, and is\r\nno more than fifteen years old"b"]."

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\xa0\xa0\xa0\xa0 SECTION 3.\xa0\r\nStatutory material to be repealed is bracketed and stricken.\xa0 New statutory material is underscored.

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\xa0\xa0\xa0\xa0 SECTION 4.\xa0\r\nThis Act shall take effect upon its approval.

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INTRODUCED BY:

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_____________________________

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BY REQUEST

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Report Title:

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DOT; DOE; Pupil Transportation Safety

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Description:

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Amends sections 286-102 and 286-181, HRS, to allow exemptions to\r\ninclude use of motorcoaches, small buses, and vans, which may not meet school\r\nbus regulations for school bus services, but which shall otherwise meet vehicle\r\nrequirements and qualifications set forth in chapter 19-143, Hawaii\r\nAdministrative Rules, to the extent required by the Department of Transportation\r\nand the Department of Education, when adult staff chaperone escorts of students\r\nare provided while students are being transported between designated locations\r\noff-campus and designated locations on-campus.

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The summary description\r\nof legislation ap'b'pearing on this page is for informational purposes only and is\r\nnot legislation or evidence of legislative intent.

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HB 1160: RELATING TO PUPIL TRANSPORTATION SAFETY.

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