Senate Bill No. 7

(By Senators Wooton and Bailey)

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[Introduced January 12, 1994; referred to the Committee
on Education; and then to the Committee on Finance.]
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A BILL to amend and reenact section twelve, article fourteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring school buses purchased or refurbished after the first day of July, one thousand nine hundred ninety-four, to be equipped with seat restraints for all passengers.

Be it enacted by the Legislature of West Virginia:
That section twelve, article fourteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 14. MISCELLANEOUS RULES.

§17C-14-12. School bus regulations.

(a) The West Virginia board of education by and with the advice of the motor vehicle commissioner shall adopt and enforce regulations not inconsistent with this chapter to govern the design and operation of all school buses used for the transportation of school children when owned and operated by anycounty board of education or privately owned and operated under contract with any county board of education in this state. and such The regulations shall by reference be made a part of any such contract with a county board of education contracts executed between county boards of education and operators of privately owned motor vehicles used to transport school children. Every county board of education, its officers and employees, and every person employed under contract by a county board of education shall be subject to said the regulations.
(b) Effective the first day of July, one thousand nine hundred ninety-four, all new and refurbished motor vehicles purchased or refurbished by a public governmental agency or by any person employed by, or under contract with, a county board of education to transport school children and operated for the transportation of school children shall be equipped with seat restraints for all passengers. The seat restraints required by this section shall meet federal and state seat restraint standards for school age children. Every county board of education, its officers and employees, and every person employed under contract by a county board of education to transport school children are responsible for training school children in the proper use of seat restraints and for ensuring seat restraints are used by all school children when being transported.
(c) Any officer or employee of any county board of education who violates any of said regulations promulgated by the state board of education or who violates any provision of this sectionor who fails to include obligation to comply with said regulations in any contract executed by him on behalf of a county board of education shall be a provision in contracts with private persons for the transportation of school children which requires that transporters comply with the regulations promulgated by the state board of education is guilty of misconduct and is subject to removal from office or employment. Any person operating a school bus under contract with a county board of education who fails to comply with any said of these regulations or any of the provisions of this section shall be is guilty of breach of contract and such the contract shall may be canceled after notice and hearing by the responsible officers of such on the matter before the county board of education.



NOTE: The purpose of this bill is to require that school buses purchased or refurbished after July 1, 1994, be equipped with seat restraints for all passengers.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.