As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 82


Representative Chandler 

Cosponsors: Representatives Okey, Stewart, J., Brown, Koziura, Yuko, Skindell, Harwood 


A BILL
To enact section 4511.773 of the Revised Code to 1
require all school buses purchased, leased, or 2
rented after January 1, 2010, to transport 3
students to and from school to be equipped with a 4
seat belt assembly for all passengers.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 4511.773 of the Revised Code be 6
enacted to read as follows:7

       Sec. 4511.773.  (A) On and after January 1, 2010, no person, 8
community school, board of education, or governmental entity shall 9
purchase, lease, or rent a school bus to transport students to and 10
from school unless the school bus has a seat belt assembly 11
installed for the use of each school bus passenger occupying a 12
passenger seat. The seat belt assembly shall consist of a 13
retractable combination pelvic and upper torso restraint and shall 14
meet or exceed federal requirements for such seat belt assemblies. 15
Each person, community school, board of education, or governmental 16
entity operating a school bus shall maintain all available seat 17
belt assemblies in a usable form.18

       (B) A person, community school, board of education, or 19
governmental entity operating a school bus shall adopt a 20
disciplinary policy governing the failure of a school bus 21
passenger to wear or properly adjust an available seat belt 22
assembly.23

       (C) Nothing in this section, including any disciplinary 24
policy adopted under division (B) of this section, shall be 25
construed as imposing on a person, community school, board of 26
education, or governmental entity operating a school bus a duty to 27
ensure that a school bus passenger wear and properly adjust an 28
available seat belt assembly. A person, community school, board of 29
education, or governmental entity operating a school bus is not 30
subject to criminal prosecution and is not liable in damages in 31
any civil action on account of any injury, death, or loss of 32
person or property allegedly arising from a failure to enforce a 33
disciplinary policy adopted under division (B) of this section or 34
to otherwise ensure that a school bus passenger wear and properly 35
adjust an available seat belt assembly.36

       (D) Nothing in this section shall be construed as affecting 37
the liability or immunity of a person, community school, board of 38
education, or governmental entity operating a school bus under 39
Chapter 2744. of the Revised Code.40