S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8385
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CUSICK,  ZEBROWSKI,  REYES  -- 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 TWENTY-FIVE, 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.
                                                            LBD13145-01-1
              

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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] FOR USE ON OR AFTER TWO THOUSAND
 THIRTEEN.
   § 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 TWENTY-FIVE 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 TWENTY-FIVE,
 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 TWENTY-FIVE.
   § 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.