44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO SCHOOL BUS SAFETY; REQUIRING SAFETY BELTS ON SCHOOL BUS TRANSPORTATION EQUIPMENT PURCHASED OR RENTED AFTER JANUARY 1, 2002.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 22-8-27 NMSA 1978 (being Laws 1967, Chapter 16, Section 77, as amended) is amended to read:

"22-8-27. TRANSPORTATION EQUIPMENT.--

A. The state superintendent shall establish a systematic program for the purchase of necessary school bus transportation equipment.

B. In establishing a system for the replacement of school-district-owned buses, the state superintendent shall provide for the replacement of school buses on a twelve-year cycle. School districts requiring additional buses to accommodate growth in the district or to meet other special needs may petition the state superintendent for additional buses. Under exceptional circumstances, districts may also petition the state superintendent for permission to replace buses prior to the completion of a twelve-year cycle or to utilize buses in excess of twelve years contingent upon satisfactory annual safety inspections.

C. In establishing a system for the utilization of contractor-owned buses by school districts, the state superintendent shall establish a schedule for the payment of rental fees for the use of contractor-owned buses. As with school district-owned operations, the state superintendent shall establish procedures to ensure the systematic replacement of buses on a twelve-year replacement cycle. School districts requiring additional buses to accommodate growth in the district or to meet other special needs may petition the state superintendent for additional buses. Under exceptional circumstances, districts may also petition the state superintendent for permission to replace buses prior to the completion of a twelve-year cycle or to utilize buses in excess of twelve years contingent upon satisfactory annual safety inspections. Effective with the 1995-96 school year, no school district shall pay rental fees for any one bus for a period in excess of five years. In the event a school bus service contract is terminated, the state superintendent shall calculate the remaining number of years that a bus could be used based on a twelve-year replacement cycle and calculate a value reflecting that use. The local school district shall deduct an amount equal to that value from any remaining amount due on the contract or, if no balance remains on the contract, the contractor shall reimburse the school district an amount equal to the value calculated.

D. Effective January 1, 2002, the purchase of school bus transportation equipment or rental of contractor-owned buses by school districts shall not be approved by the state superintendent unless the school buses are equipped with a safety belt for each permanent seat."