Introduced Version






HOUSE BILL No. 1147

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-27-5-30; IC 20-27-8.

Synopsis: Physical characteristics of school bus monitors. Makes certain conditions for employment relating to physical characteristics inapplicable to school bus monitors. (Under current law, those conditions apply to both school bus drivers and school bus monitors.) Makes corresponding technical corrections.

Effective: Upon passage.





Herrell




    January 7, 2010, read first time and referred to Committee on Education.







Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1147



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-27-5-30; (10)IN1147.1.1. -->     SECTION 1. IC 20-27-5-30, AS AMENDED BY P.L.1-2009, SECTION 123, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 30. Each common carrier contract made under section 29 of this chapter must provide the following:
        (1) The common carrier is solely responsible for the employment, physical condition, and conduct of every school bus driver employed by the carrier.
        (2) The carrier must submit a certificate to the governing body showing that any school bus driver used in performing the contract meets the physical standards required by IC 20-27-8-1(a)(7). IC 20-27-8-1(a)(6)(B).
SOURCE: IC 20-27-8-1; (10)IN1147.1.2. -->     SECTION 2. IC 20-27-8-1, AS ADDED BY P.L.1-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) An individual may not drive a school bus for the transportation of students or be employed as a school bus monitor unless the individual satisfies the following requirements:
        (1) Is of good moral character.
        (2) Does not use intoxicating liquor during school hours.
        (3) Does not use intoxicating liquor to excess at any time.
        (4) Is not addicted to any narcotic drug.
        (5) Is at least:
            (A) twenty-one (21) years of age for driving a school bus; or
            (B) eighteen (18) years of age for employment as a school bus monitor.
        (6) In the case of a school bus driver:
             (A) holds a valid public passenger chauffeur's license or commercial driver's license issued by the state or any other state; and
            
(7) (B) possesses the following required physical characteristics:
                (A) (i) Sufficient physical ability to be a school bus driver, as determined by the committee.
                (B) (ii) The full normal use of both hands, both arms, both feet, both legs, both eyes, and both ears.
                (C) (iii) Freedom from any communicable disease that (i) may be transmitted through airborne or droplet means or (ii) requires isolation of the infected person under 410 IAC 1-2.3.
                (D) (iv) Freedom from any mental, nervous, organic, or functional disease that might impair the person's ability to properly operate a school bus.
                (E) (v) Visual acuity, with or without glasses, of at least 20/40 in each eye and a field of vision with one hundred fifty (150) degree minimum and with depth perception of at least eighty percent (80%).
    (b) This subsection applies to a school bus monitor. Notwithstanding subsection (a)(5)(B), a school corporation or school bus driver may not employ an individual who is less than twenty-one (21) years of age as a school bus monitor unless the school corporation or school bus driver does not receive a sufficient number of qualified applicants for employment as a school bus monitor who are at least twenty-one (21) years of age. A school corporation or school bus driver shall maintain a record of applicants, their ages, and their qualifications to show compliance with this subsection.
SOURCE: IC 20-27-8-4; (10)IN1147.1.3. -->     SECTION 3. IC 20-27-8-4, AS AMENDED BY P.L.82-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. An individual who is or intends to become a school bus driver must obtain a physical examination certificate

stating that the individual possesses the physical characteristics required by section 1(a)(7) 1(a)(6)(B) of this chapter. The certificate shall be made by a physician who is licensed in Indiana or a state bordering Indiana after the physician has conducted a physical examination of the school bus driver or prospective school bus driver. The physician shall be chosen by the school bus driver or prospective driver, who shall pay for the examination.

SOURCE: ; (10)IN1147.1.4. -->     SECTION 4. An emergency is declared for this act.