| 1 | 1 | | 25 LC 57 0263 |
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| 2 | 2 | | Senate Bill 322 |
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| 3 | 3 | | By: Senators Davenport of the 17th, Wicks of the 34th, Jones II of the 22nd, Jackson of the |
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| 4 | 4 | | 41st, Parent of the 44th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia |
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| 8 | 8 | | 1 |
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| 9 | 9 | | Annotated, relating to program weights and funding requirements, so as to require that the2 |
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| 10 | 10 | | State Board of Education include instruction in the proper use of a school bus passenger3 |
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| 11 | 11 | | restraint system within its program of safety instruction; to amend Part 6 of Article 1 of4 |
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| 12 | 12 | | Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of5 |
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| 13 | 13 | | school buses, so as to require that school buses be equipped with passenger restraint systems;6 |
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| 14 | 14 | | to require that each school child wear a passenger restraint system in certain instances; to7 |
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| 15 | 15 | | provide for an exception; to authorize a penalty; to provide for a definition; to provide for the8 |
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| 16 | 16 | | promulgation of rules and regulations; to provide for related matters; to repeal conflicting9 |
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| 17 | 17 | | laws; and for other purposes.10 |
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| 18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 19 | 19 | | SECTION 1.12 |
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| 20 | 20 | | Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,13 |
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| 21 | 21 | | relating to program weights and funding requirements, is amended by revising subsection (e)14 |
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| 22 | 22 | | of Code Section 20-2-188, relating to student transportation, as follows:15 |
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| 23 | 23 | | S. B. 322 |
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| 24 | 24 | | - 1 - 25 LC 57 0263 |
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| 25 | 25 | | "(e) The State Board of Education shall establish and require adherence to minimum |
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| 26 | 26 | | 16 |
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| 27 | 27 | | specifications for vehicles used or contracted to be used by local units of administration for17 |
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| 28 | 28 | | transporting students, including a motor vehicle with a capacity of eight persons or less18 |
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| 29 | 29 | | operated and marked for the transportation of school children to and from school and19 |
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| 30 | 30 | | school related activities, taking into account the factors and circumstances set forth in20 |
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| 31 | 31 | | subsection (a) of this Code section, and shall establish and require adherence to minimum21 |
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| 32 | 32 | | standards and requirements respecting maintenance, repair, inspection, and use of such22 |
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| 33 | 33 | | vehicles and minimum qualifications for the drivers of such vehicles. The state board |
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| 34 | 34 | | State23 |
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| 35 | 35 | | Board of Education shall require, monitor, and fund a program of safety instruction in the24 |
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| 36 | 36 | | practices of safe riding, which shall include instruction in the proper use of a school bus25 |
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| 37 | 37 | | passenger restraint system in accordance with Code Section 40-8-111, and emergency bus26 |
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| 38 | 38 | | evacuation drills for both school bus drivers and students riding school buses."27 |
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| 39 | 39 | | SECTION 2.28 |
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| 40 | 40 | | Part 6 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated,29 |
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| 41 | 41 | | relating to equipment of school buses, is amended by revising Code Section 40-8-111,30 |
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| 42 | 42 | | relating to equipment generally, as follows: 31 |
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| 43 | 43 | | "40-8-111.32 |
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| 44 | 44 | | (a) As used in this Code section, the term 'passenger restraint system' means:33 |
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| 45 | 45 | | (1) A type 2 seat belt assembly that is in compliance with Federal Motor Vehicle Safety34 |
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| 46 | 46 | | Standard 209 and with Federal Motor Vehicle Safety 210 as such standards were in effect35 |
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| 47 | 47 | | on the date the school bus was manufactured; or36 |
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| 48 | 48 | | (2) A type 2 lap and shoulder restraint system that is in compliance with Federal Motor37 |
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| 49 | 49 | | Vehicle Safety Standard 222.38 |
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| 50 | 50 | | (a)(b) Each school bus used for the transportation of school children in the State of39 |
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| 51 | 51 | | Georgia shall be in compliance with this state shall comply with the provisions of this Code40 |
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| 52 | 52 | | S. B. 322 |
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| 53 | 53 | | - 2 - 25 LC 57 0263 |
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| 54 | 54 | | section and the State Board of Education bus specifications for the model year of such41 |
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| 55 | 55 | | school bus.42 |
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| 56 | 56 | | (c)(1) On and after July 1, 2027:43 |
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| 57 | 57 | | (A) Each school bus manufactured and used for the transportation of school children44 |
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| 58 | 58 | | in this state shall be equipped with passenger restraint systems for each school child45 |
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| 59 | 59 | | based upon the maximum passenger capacity of the school bus; and46 |
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| 60 | 60 | | (B) The State Board of Education shall require each school child to wear a passenger47 |
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| 61 | 61 | | restraint system. Except as provided in paragraph (3) of this subsection, each such48 |
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| 62 | 62 | | child shall wear a passenger restraint system at all times while the school bus is in49 |
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| 63 | 63 | | motion.50 |
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| 64 | 64 | | (2) It shall be the responsibility of a school bus driver operating such school bus to51 |
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| 65 | 65 | | ensure that each such child being transported is wearing a passenger restraint system prior52 |
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| 66 | 66 | | to the school bus being placed into motion. A school child's parent or guardian shall not53 |
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| 67 | 67 | | be held liable for such child's failure to wear a passenger restraint system in accordance54 |
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| 68 | 68 | | with the provisions of subparagraph (c)(1)(B) of this Code section.55 |
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| 69 | 69 | | (3) A school child with a physically disabling condition or medical condition that56 |
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| 70 | 70 | | prevents appropriate restraint in a passenger restraint system shall not be required to wear57 |
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| 71 | 71 | | a passenger restraint system on a school bus; provided, however, that such child's58 |
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| 72 | 72 | | physically disabling or medical condition is certified in writing by a licensed healthcare59 |
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| 73 | 73 | | provider.60 |
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| 74 | 74 | | (b)(d) Each public school system shall be required to maintain each of its school buses in61 |
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| 75 | 75 | | good working condition, including all safety equipment required in accordance with the62 |
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| 76 | 76 | | specifications established pursuant to subsection (a) (b) of this Code section. A public63 |
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| 77 | 77 | | school system that fails to comply with such specifications may be subject to a penalty to64 |
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| 78 | 78 | | be determined by the State Board of Education.65 |
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| 79 | 79 | | S. B. 322 |
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| 80 | 80 | | - 3 - 25 LC 57 0263 |
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| 81 | 81 | | (c)(e) Nothing in subsection (a) (b) of this Code section shall apply to motor vehicles66 |
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| 82 | 82 | | operated by a local transit system which transport school children to and from school on67 |
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| 83 | 83 | | regular or scheduled routes of a transit vehicle with regular fare-paying passengers.68 |
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| 84 | 84 | | (f) The State Board of Education shall promulgate rules and regulations to implement the69 |
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| 85 | 85 | | provisions of this Code section."70 |
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| 86 | 86 | | SECTION 3.71 |
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| 87 | 87 | | All laws and parts of laws in conflict with this Act are repealed.72 |
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| 88 | 88 | | S. B. 322 |
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| 89 | 89 | | - 4 - |
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