SENATE BILL 1151

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO PUBLIC SCHOOLS; ADDRESSING YOUNG SCHOOL-AGE PERSONS LEFT UNATTENDED AT A SCHOOL BUS STOP.

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

     Section 1. Section 22-16-11 NMSA 1978 (being Laws 1978, Chapter 35, Section 469, as amended) is amended to read:

     "22-16-11. [REGULATIONS] RULES RELATIVE TO SCHOOL BUSES--UNATTENDED STUDENTS.--

          A. The state transportation director [appointed as provided in Section 22-16-1 NMSA 1978] shall adopt and enforce [regulations] rules adopted by the [state board] department not inconsistent with the Motor Vehicle Code to govern the design and operation of all school buses, used for the transportation of school children, when owned and operated by any school district or privately owned and operated under contract with any school district in this state, and the [regulations] rules shall by reference be made a part of any such contract with a school district. Every school district, its officers and employees and every person employed under contract by a school district shall be subject to the [regulations] rules.

          B. Any officer or employee of any school district who violates any of the [regulations] rules or fails to include obligation to comply with the [regulations] rules in any contract executed by [him] the officer or employee on behalf of a school district is guilty of misconduct and subject to removal from office or employment. Any person operating a school bus, under contract with a school district, who fails to comply with any of the [regulations] rules is guilty of breach of contract, and the contract may be canceled after notice and hearing by the state transportation director acting in conjunction with the responsible officers of the school district.

          C. The department shall promulgate a rule requiring school districts to adopt a policy that prohibits a driver of a school bus from leaving a student eight years of age or younger unattended at a school bus stop, unless the student's parent or legal guardian has provided the school district with written consent that the student may be left unattended.

          [C.] D. Any driver of a school bus who fails to comply with any of the [regulations] rules is guilty of a misdemeanor."

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