SENATE
                       3rd Reading Unamended
                  February 23, 2009     SENATE
                Amended 2nd Reading
                     February 20, 2009First Regular Session
             Sixty-seventh General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 09-0023.01 Jery Payne           SENATE BILL 09-029
                   SENATE SPONSORSHIP
 Shaffer B., 
 
                    HOUSE SPONSORSHIP
 Hullinghorst, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Transportation
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a requirement that people on a school bus wear
            safety belts.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Requires passengers on school buses that are purchased after June
       30, 2010, to wear safety belts.  Expands the requirement after June 30,
       2014, to cover buses purchased after June 30, 2004.  Exempts a person
       with a disability if a physician certifies that a safety belt is inappropriate
       for that person. Requires school buses to be equipped with passenger
       safety belts.
            Directs the department of education to enforce the requirement that
       buses have safety belts.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  42-4-237 (2), the introductory portion to 42-4-237
       (3), and 42-4-237 (7), Colorado Revised Statutes, are amended to read:
            42-4-237.  Safety belt systems - mandatory use - exemptions -
       penalty.  (2) (a)  Unless exempted pursuant to subsection (3) of this
       section, every driver of and every front-seat passenger in a motor vehicle
       equipped with a safety belt system shall wear a fastened safety belt while
       the motor vehicle is being operated on a street or highway in this state.
            (b) (I)  Unless exempted pursuant to subparagraph (II) of
       this paragraph (b), every driver and passenger in a school bus
       equipped with a safety belt system shall wear a fastened safety
       belt while the school bus is being operated on a street or
       highway in this state.  The driver of a school bus shall be immune
       from any penalty imposed for a violation of this paragraph (b)
       while in the course and scope of the driver's duties.      
            (II)  This paragraph (b) shall not apply to a person with a
       physically or psychologically disabling condition whose
       physical or psychological disability prevents appropriate
       restraint by a safety belt system if such person possesses a
       written statement by a physician that certifies the condition
       and states the reason why such restraint is inappropriate.
            (3)  Except as provided in section 42-2-105.5, the requirement of
       paragraph (a) of subsection (2) of this section shall not apply to:
            (7)  Evidence of failure to comply with the requirement of
       subsection (2) of this section shall be admissible to mitigate damages with
       respect to any person who was involved in a motor vehicle accident and
       who seeks in any subsequent litigation to recover damages for injuries
       resulting from the accident.  Such mitigation shall be limited to awards
       for pain and suffering and shall not be used for limiting recovery of
       economic loss and medical payments.  Such mitigation shall not
       apply to any minor under the age of eighteen who is a passenger
       in a school bus.
            SECTION 2.   Article 32 of title 22, Colorado Revised Statutes,
       is amended BY THE ADDITION OF A NEW SECTION to read:
            22-32-139.   Safety belts required on school buses.       Every
       passenger seat on a school bus purchased after June 30, 2010,
       shall be equipped with a three-point shoulder and lap safety
       belt system, conforming to federal motor vehicle safety
       standards for safety belts, for each passenger the school bus is
       designed to transport.
                 
            SECTION 3.  Effective date - applicability.  This act shall take
       effect July 1, 2009, and shall apply to offenses committed on or after said
       date.
            SECTION 4.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.