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Flathead locals testify in support of school bus safety bills

by CHAD SOKOL
Daily Inter Lake | February 24, 2021 1:00 AM

Two bills aimed at improving the safety of school buses have unanimously passed the Montana House, more than a year after a motorist failed to stop behind a bus and hit a 6-year-old girl north of Whitefish.

House Bills 207 and 267, sponsored by state Rep. Neil Duram, R-Eureka, now are awaiting committee hearings in the Senate.

The first bill would allow school buses to be outfitted with additional flashing red lights to alert other motorists that they must stop. The second bill would make several changes to state law, including prohibiting motorists from passing school buses on the right and requiring buses to use extended stop arms in certain circumstances. Those are stop signs affixed to 6-foot metal arms that swing out from the sides of buses to partially obstruct traffic.

HB 267 also would require law enforcement to follow up on reports of motorists illegally passing stopped school buses. The bill states such reports "must be investigated by a peace officer, and the investigating officer shall contact the reporting party within 30 days to provide an update on the status or outcome of the investigation."

During a Feb. 3 hearing before the House Transportation Committee, Duram said the legislation was inspired by Jordana Hubble, who has been recovering from a traumatic brain injury since November 2019, when she was hit by a vehicle while getting off a school bus on U.S. 93 near Olney.

"What happened in this area of our state can happen anywhere," said Elsie Arntzen, Montana's state superintendent of public instruction, testifying in support of HB 267.

MONTANA LAW already requires motorists traveling in both directions to stop at least 30 feet from a stopped school bus that has its red lights flashing. Motorists may proceed when the bus turns off those flashing lights and children have safely boarded or reached the side of the road. Motorists also must slow down and proceed with caution when approaching buses with yellow or amber flashing lights, which signals they are preparing to stop and load or unload children.

Several Flathead Valley residents testified in support of Duram's bills during committee hearings on Jan. 27 and Feb. 3.

"We need brighter and more lights" on school buses, said Griz Wold, a former bus driver who founded the local group Jordana's Alliance for Bus Safety. "Putting lights in the grill, putting lights in the back bumper just makes sense."

Rob Tracy, transportation supervisor for Bigfork Public Schools, said he began noticing "a real uptick" in the number of drivers illegally passing stopped buses in fall 2018.

"Montana's growing, people are coming from all parts of the country, and they're bringing their habits with them," Tracy said. "And one is not paying attention to school bus stop signs."

Katy Morrison testified that her 12-year-old son, Caden, a student at Kalispell Middle School, was nearly hit by a dump truck while getting off a bus one afternoon in December. Caden testified he heard the truck's tires screeching as he jumped back inside the bus to avoid being hit.

"He has so much anxiety from this incident, and it could have been prevented," his mother said, adding the truck driver has not been held accountable.

"This has happened on more than one occasion at my son's bus stop, where people blatantly run the red lights and the stop signs," she said. "These people run the bus stop signs and flashing lights because, ultimately, they either don't have enough education to know what the lights mean, or the laws aren't strict enough."

THE BILLS also received support from several law enforcement organizations, including the Montana Highway Patrol, the Association of Montana Troopers and the Montana Police Protection Association. Duram served 26 years as a state trooper before becoming a legislator in 2019.

Bob Gilbert, a lobbyist for the Montana School Bus Contractors Association, testified against both bills, arguing the cost of outfitting buses with extended stop arms should not fall squarely on private bus companies that contract with school districts. He also suggested adding red lights to school buses might confuse other motorists.

"New voluntary lights could cause confusion to the public," Gilbert said.

McCall Flynn, executive director for the Montana Board of Public Education, testified against HB 207, saying such matters should go through the board's administrative rulemaking process rather than the Legislature.

"Though the board doesn't necessarily oppose the contents of this bill, House Bill 207 would supersede the Board of Public Education's authority to adopt and make changes to Montana school bus safety standards," Flynn said.

The full House passed HB 207 last week and HB 267 on Tuesday. A third bill with a similar goal, sponsored by Rep. Ross Fitzgerald, R-Fairfield, would have created a criminal charge for illegally passing emergency vehicles, but it was tabled in the Transportation Committee last week.

Reporter Chad Sokol can be reached at 758-4434 or csokol@dailyinterlake.com