BILL NUMBER: SB 568 CHAPTERED 10/07/01 CHAPTER 581 FILED WITH SECRETARY OF STATE OCTOBER 7, 2001 APPROVED BY GOVERNOR OCTOBER 5, 2001 PASSED THE SENATE SEPTEMBER 13, 2001 PASSED THE ASSEMBLY SEPTEMBER 12, 2001 AMENDED IN ASSEMBLY AUGUST 30, 2001 AMENDED IN ASSEMBLY AUGUST 20, 2001 AMENDED IN ASSEMBLY JULY 14, 2001 AMENDED IN ASSEMBLY JUNE 11, 2001 AMENDED IN SENATE MARCH 27, 2001 INTRODUCED BY Senator Morrow FEBRUARY 22, 2001 An act to amend Section 27316 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 568, Morrow. Schoolbus seat belts. (1) Under existing law, unless specifically prohibited by the National Highway Transportation Safety Administration, all schoolbuses manufactured on or after January 1, 2002, and purchased or leased for use in California are required to be equipped at all designated seating positions with a combination pelvic and upper torso passenger restraint system. Existing law declares the intent of the Legislature that school pupil transportation providers work to prioritize the allocation of schoolbuses purchased, leased, or contracted for after January 1, 2002, to ensure that elementary-level schoolbus passengers receive first priority for new schoolbuses whenever feasible. This bill, instead, would require that certain schoolbuses purchased or leased for use in California be equipped at all designated seating positions with a combination pelvic and upper torso passenger restraint system, as defined, unless specifically prohibited by the National Highway Transportation Safety Administration. The bill would declare the intent of the Legislature that school pupil transportation providers work to prioritize the allocation of those schoolbuses to ensure that elementary level schoolbus passengers receive first priority for new schoolbuses whenever feasible. Since a violation of these provisions is a crime under existing provisions of law, this bill would impose a state-mandated local program by expanding the definition of a crime. (2) 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. The Legislature hereby finds and declares that legislation necessary to implement specific performance standards adopted by the National Highway Transportation Safety Administration relating to school bus occupant protection systems should be enacted as those standards become available. SEC. 2. Section 27316 of the Vehicle Code is amended to read: 27316. (a) Unless specifically prohibited by the National Highway Transportation Safety Administration, all schoolbuses 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, if the schoolbus is either of the following: (1) Type 1, as defined in paragraph (1) of subdivision (b) of Section 1201 of Title 13 of the California Code of Regulations, and is manufactured on or after July 1, 2005. (2) Type 2, as defined in paragraph (2) of subdivision (b) of Section 1201 of Title 13 of the California Code of Regulations, and is manufactured on or after July 1, 2004. (b) For purposes of this section, a "passenger restraint system" means any 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 the schoolbus was manufactured. (2) A restraint system certified by the schoolbus 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 schoolbus 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 schoolbus fails to use or improperly uses the passenger restraint system. (d) It is the intent of the Legislature, in implementing this section, that school pupil transportation providers work to prioritize the allocation of schoolbuses purchased, leased, or contracted for on or after July 1, 2004, for type 2 schoolbuses, or on or after July 1, 2005, for type 1 schoolbuses, to ensure that elementary level schoolbus passengers receive first priority for new schoolbuses whenever feasible. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.