BILL NUMBER: AB 2681	CHAPTERED  09/04/02

	CHAPTER  360
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 3, 2002
	PASSED THE SENATE  AUGUST 14, 2002
	PASSED THE ASSEMBLY  MAY 23, 2002
	AMENDED IN ASSEMBLY  APRIL 17, 2002

INTRODUCED BY   Assembly Member Maldonado

                        FEBRUARY 22, 2002

   An act to add Section 38047.6 to the Education Code, and to add
Section 27316.5 to the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2681, Maldonado.  School pupil activity buses:  passenger
restraint systems.
   Existing law requires the State Board of Education to adopt
regulations to require a passenger in a schoolbus equipped with
passenger restraint systems, as specified, to use a passenger
restraint system so that the passenger is properly restrained.
   This bill would apply these provisions to type 2 school pupil
activity buses.
   Existing law requires that schoolbuses manufactured on or after
January 1, 2002, and purchased or leased for use in California have a
"passenger restraint system," as defined, at all designated seating
positions, unless specifically prohibited by the National Highway
Transportation Safety Administration.
   This bill would apply these provisions to type 2 school pupil
activity buses manufactured on or after July 1, 2004.  Because a
violation of this provision would be a crime, this bill would impose
a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 38047.6 is added to the Education Code, to
read:
   38047.6.  The State Board of Education shall adopt regulations to
require a passenger in a school pupil activity bus equipped with
passenger restraint systems in accordance with Section 27316.5 of the
Vehicle Code to use a passenger restraint system so that the
passenger is properly restrained by that system.
  SEC. 2.  Section 27316.5 is added to the Vehicle Code, to read:
   27316.5.  (a) Unless specifically prohibited by the National
Highway Transportation Safety Administration, all type 2 school pupil
activity buses, manufactured on or after July 1, 2004, purchased or
leased for use in California shall be equipped at all designated
seating positions with a combination pelvic and upper torso passenger
restraint system.
   (b) For purposes of this section, a "passenger restraint system"
is either of the following:
   (1) A restraint system that is in compliance with Federal Motor
Vehicle Safety Standard 209, for a type 2 seatbelt assembly, and with
Federal Motor Vehicle Safety Standard 210, as those standards were
in effect on the date that the school pupil activity bus was
manufactured.
   (2) A restraint system certified by the school pupil activity bus
manufacturer that is in compliance with Federal Motor Vehicle Safety
Standard 222 and incorporates a type 2 lap-shoulder restraint system.

   (c) No person, school district, or organization, with respect to a
type 2 school pupil activity bus equipped with passenger restraint
systems pursuant to this section, may be charged for a violation of
this code or any regulation adopted thereunder requiring a passenger
to use a passenger restraint system, if a passenger on the school
pupil activity bus fails to use or improperly uses the passenger
restraint system.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.