HOUSE TRANSPORTATION, PUBLIC WORKS AND CAPITAL IMPROVEMENTS

COMMITTEE SUBSTITUTE FOR

HOUSE BILL 265

54th legislature - STATE OF NEW MEXICO - first session, 2019

AN ACT

RELATING TO MOTOR VEHICLES; REQUIRING THAT ALL SCHOOL BUSES PURCHASED ON OR AFTER JANUARY 1, 2020 HAVE AIR CONDITIONING IN CERTAIN DISTRICTS AND HAVE COLLISION AVOIDANCE SYSTEMS, SEAT BELTS AND STABILITY CONTROL; ESTABLISHING LIMITS FOR THE NUMBER OF STUDENTS ALLOWED PER SEAT; LIMITING A STANDARD OF DUTY.

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 RELATIVE TO SCHOOL BUSES.--

          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]; provided that:

                (1) the rules for the design of school buses shall require all purchases of model year 2020 or subsequent model year school buses purchased on or after January 1, 2020 to be equipped with:

                     (a) air conditioning if the buses are to be operated in school districts that regularly experience temperatures that would pose a risk to students riding in school buses without air conditioning;

                     (b) collision avoidance systems;

                     (c) seat belts for all passengers; and

                     (d) stability control; and

               (2) the rules for operation of school buses provide that student seating on a school bus shall not exceed:

                     (a) three students, when the combined seated width of those students is more than the actual width of the seat; or

                     (b) two students, when the combined seated width of those students is more than the actual width of the seat.

          B. The rules adopted under Subsection A of this section shall apply to 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]; provided that no rule shall place a duty on a school bus driver greater than a reasonable effort standard to ensure that school children use seat belts. The 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.] C. 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] contractor 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.] D. Any driver of a school bus who fails to comply with any of the [regulations] rules is guilty of a misdemeanor."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.

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