HOUSE BILL 76

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Roberto "Bobby" J. Gonzales

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOL TRANSPORTATION; CREATING A JOINT INTERIM PUBLIC SCHOOL TRANSPORTATION TASK FORCE; MAKING AN APPROPRIATION.

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

     SECTION 1. TEMPORARY PROVISION--PUBLIC SCHOOL TRANSPORTATION TASK FORCE CREATED--MEMBERSHIP--DUTIES--TERMINATION.--

          A. The joint interim "public school transportation task force" is created. The task force shall function from the date of its appointment until the first day of December prior to the second session of the fiftieth legislature.

          B. The task force shall be composed of the following members appointed by the New Mexico legislative council:

                (1) five members from the house of representatives;

                (2) five members from the senate; and

                (3) six other members, including a representative of the public education department, the office of education accountability of the department of finance and administration, a public school district, a charter school, a school bus contractor and an organization representing school bus transportation employees employed by school bus contractors.

          C. At the time of making appointments, the New Mexico legislative council shall designate the chair and vice chair of the task force. Members shall be appointed from each house so as to give the two major political parties in each house the same proportionate representation on the task force as prevails in each house; provided that in no event shall either of the parties have less than one member from each house on the task force. Members may be removed from the task force by the New Mexico legislative council at the request of the chair of the task force for nonattendance according to council policy. Vacancies on the task force, however caused, may be filled by the New Mexico legislative council, or the council may reduce the size of the task force by not making replacement appointments and in such case need not adjust party representation.

          D. A majority of the members constitutes a quorum for the transaction of business. The support of a majority of the members is required for adoption of any action; provided that final actions must have the support of a majority of the legislative members.

          E. After its appointment, the task force shall:

                (1) hold one organizational meeting to develop a work plan and budget for the approval of the New Mexico legislative council;

                (2) examine the statutes, constitutional provisions, rules and court decisions governing public school transportation in New Mexico, including those provisions related to the transportation funding formula; the personnel costs to school districts and school bus contractors; the costs of fuel, equipment and maintenance; and the administration of the public school transportation program; and

                (3) make a report of its findings and recommendations to the legislature and the governor on or before December 1, 2011. No action shall be taken by the task force if a majority of the total membership from either house on the task force rejects such action.  

          F. Members of the task force are entitled to per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

          G. The staff for the task force shall be provided by the legislative council service in conjunction with the legislative education study committee, the legislative finance committee, the public education department and the office of education accountability of the department of finance and administration.

          H. Subcommittees shall be created only by majority vote of all members appointed to the task force and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member from the minority party shall be a member of the subcommittee. All meetings and expenditures of a subcommittee shall be approved by the full task force in advance of such meeting or expenditure, and the approval shall be shown in the minutes of the task force.

     SECTION 2. APPROPRIATION.--Twenty thousand dollars ($20,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal year 2012 to pay the expenses of the public school transportation task force. Any unexpended or unencumbered balance remaining at the end of fiscal year 2012 shall revert to the general fund.

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