PRINTER'S NO. 1105
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1068
Session of
2021
INTRODUCED BY PISCIOTTANO, SANCHEZ, D. WILLIAMS, HILL-EVANS,
MADDEN, HENNESSEY, GALLOWAY, A. BROWN, CIRESI, SCHLOSSBERG
AND NEILSON, APRIL 1, 2021
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 1, 2021
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, prohibiting
unsafe operation of school buses and school vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1361.2. Unsafe Operation of School Buses and School
Vehicles.--(a) No individual may consume food or beverages or
operate a cellular telephone while operating a school bus or a
school vehicle on any trafficway when the school bus or school
vehicle is in motion and is transporting one or more children.
(b) The prohibition in subsection (a) does not apply when
the school bus or school vehicle is parked in a safe area off of
a trafficway as defined in 75 Pa.C.S. § 102 (relating to
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definitions), the consumption of food or beverages is necessary
for a medical condition or the operation of the cellular
telephone occurs during an emergency situation.
(c) An individual who violates this section commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of not less than fifty dollars ($50) nor more than one
hundred dollars ($100). The fine shall be three hundred dollars
($300) if the violation causes a vehicular accident.
(d) For purposes of this section:
"Cellular telephone" shall mean a cellular, analog, wireless
or digital two-way communication device that:
(1) Requires the operator to dial numbers or operate
manually.
(2) Includes radio-telephone communications used in cellular
telephone service, personal communication service or the
functional equivalent of a radio-telephone communications line
used in cellular telephone service or a personal communication
service.
The term does not include a two-way radio, a citizens band radio
or a citizens band radio hybrid.
"Emergency situation" shall include an occasion where a call
is made on a cellular telephone to:
(1) An emergency system response operator or 911 public
safety communications dispatcher.
(2) A hospital or emergency room.
(3) A physician's office or health clinic.
(4) An ambulance or fire department rescue service.
(5) A fire department or volunteer fire department.
(6) A police department.
(7) A school district building or central dispatch.
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(8) Emergency roadside assistance agencies or towing or
repair businesses.
"School bus" shall have the same meaning as defined in 75
Pa.C.S. § 102.
"School vehicle" shall have the same meaning as defined in 75
Pa.C.S. § 102.
Section 2. This act shall take effect in 60 days.
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