§ 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 seat safety belts on such school buses, in accordance
with regulations and standards established by the commissioner 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 seat safety
belts on buses purchased and/or contracted for prior to the effective
date of this section and require their use; (b) when such installation
shall be provided, and (c) whether use of seat safety belts shall be
required on all school buses within the district so equipped after a
date to be determined by the board of education or board of trustees.

3. Such hearings shall consider the effect of seat safety belts
installation on the total number of students that can be transported 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 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 seat safety belts
on school buses purchased or contracted for prior to the effective date
of this section, nor shall any board of education or board of trustees
be held liable for failure to provide 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.

7. The provisions of this section shall not apply to school districts
which are using safety belts on school buses or have installed or have
contracted for the installation of seat safety belts prior to the
effective date of this section.