S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4701
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law and the education law, in
   relation to requiring three-point seat safety belts on school buses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5  of section 383 of the vehicle and traffic
 law, as added by chapter 747 of the laws of 1986, is amended to read  as
 follows:
   5. (a) Passenger seat safety belts for school buses. Every school bus,
 as  defined  in  section one hundred forty-two of this chapter, manufac-
 tured for use in this state on and after July first,  [nineteen  hundred
 eighty-seven]  TWO  THOUSAND  NINETEEN,  shall  be  designed so that all
 passenger seats on such vehicle are equipped with THREE-POINT seat safe-
 ty belts and increased seat back padding on passenger seats  of  a  type
 and  specification  as  approved  by  the commissioner of transportation
 through the adoption of rules and  regulations.  Such  rules  and  regu-
 lations  shall  provide  that when any contactable surface of the school
 bus, as specified in the Federal Motor Vehicle Safety Standard,  49  CFR
 Section  571.222,  is impacted from any direction at twenty-two feet per
 second by the head form, the axial acceleration at the center of gravity
 of the head form shall be such that the  head  form  impact  requirement
 shall not exceed eight hundred.
   (b) Passenger THREE-POINT seat safety belts for existing school buses.
 [Any]  EVERY  school bus, as defined in section one hundred forty-two of
 this chapter, [which is scheduled for retrofitting pursuant to action by
 a board of education or  board  of  trustees  under  section  thirty-six
 hundred  thirty-five-a  of  the  education law] NOT EQUIPPED WITH THREE-
 POINT SEAT SAFETY BELTS shall be retrofitted so that all passenger seats
 on such vehicles are equipped with THREE-POINT  seat  safety  belts  and
 additional  padding  of  a  type  and  specification  as approved by the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00530-01-7

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 commissioner of transportation through the adoption of rules  and  regu-
 lations. Such rules and regulations shall provide that when any contact-
 able surface of the school bus as specified in the Federal Motor Vehicle
 Safety  Standard,  49 CFR Section 571.222 is impacted from any direction
 at twenty-two feet per second by the head form, the  axial  acceleration
 at  the  center  of gravity of the head form shall be such that the head
 form impact requirement shall not exceed eight hundred. Furthermore, the
 commissioner shall have the  power  through  rules  and  regulations  to
 exempt  certain  design school buses from retrofitting. In granting such
 exemptions, the commissioner shall consider safety  factors,  structural
 integrity  of  the  school buses and any other items deemed necessary to
 preserve the safety and welfare of the school bus  passengers.  Provided
 further,  however,  that  the  commissioner  of transportation shall not
 authorize retrofitting of any school bus  manufactured  prior  to  April
 first, [nineteen hundred seventy-seven] TWO THOUSAND FOUR.
   §  2.  Section 3635-a of the education law, as added by chapter 747 of
 the laws of 1986 and subdivision 1 as amended by chapter 474 of the laws
 of 1996, is amended to read as follows:
   § 3635-a. Safety belt usage.   1. A board of  education  or  board  of
 trustees  may,  in  its  discretion,  following a public hearing for the
 purpose of determining whether a resolution shall  be  adopted,  provide
 for  the  use  of THREE-POINT seat safety belts on such school buses, in
 accordance with regulations and standards established by the commission-
 er [under subdivision one of section thirty-six hundred thirty-eight  of
 this chapter].
   2.  Such  public  hearing,  conducted upon reasonable notice, shall be
 held to consider: (a) whether the  district  shall  install  THREE-POINT
 seat safety belts on buses purchased and/or contracted for prior to [the
 effective  date  of  this section] JULY FIRST, TWO THOUSAND NINETEEN and
 require their use; (b) when such installation shall be provided, and (c)
 whether use of THREE-POINT seat safety belts shall be  required  on  all
 school  buses  within the district so equipped after a date to be deter-
 mined by the board of education or board of trustees.
   3. Such hearings shall consider the effect of THREE-POINT seat  safety
 belts  installation  on  the total number of students that can be trans-
 ported on such buses.
   4. Within twenty days after the public hearing, the board of education
 or board of trustees shall, by resolution, determine whether to  require
 installation  and  use  of  THREE-POINT seat safety belts on some or all
 school buses.
   5. This section shall apply only to vehicles owned or leased by school
 districts and  nonpublic  schools,  and  to  vehicles  used  to  perform
 contracts  with  such  school  districts  and  nonpublic schools for the
 purpose of transporting school children for hire.
   6. Nothing in this section shall be construed to impose  a  duty  upon
 boards  of  education  or boards of trustees to provide THREE-POINT seat
 safety belts on school buses purchased or contracted for prior  to  [the
 effective  date  of this section] JULY FIRST, TWO THOUSAND NINETEEN, nor
 shall any board of education or board of trustees  be  held  liable  for
 failure  to  provide  THREE-POINT  seat  safety  belts  pursuant to this
 section. A school board member or trustee shall have immunity  from  any
 civil  or criminal liability that might otherwise be incurred or imposed
 as a result of the provisions of this section provided that such  person
 shall have acted in good faith. For the purpose of any proceeding, civil
 or criminal, the good faith of any such person shall be presumed.

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   7.  The provisions of this section shall not apply to school districts
 which are using THREE-POINT SEAT safety belts on school  buses  or  have
 installed  or  have  contracted for the installation of THREE-POINT seat
 safety belts prior to [the effective date of this section]  JULY  FIRST,
 TWO THOUSAND NINETEEN.
   § 3. This act shall take effect on the thirtieth day following a first
 appropriation  for  the school districts electing to provide for the use
 of three-point seat safety belts;  provided  that  the  commissioner  of
 education shall notify the legislative bill drafting commission upon the
 occurrence  of such appropriation in order that the commission may main-
 tain an accurate and timely effective data base of the official text  of
 the  laws  of  the  state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.