SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 321

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

AN ACT

RELATING TO EDUCATION; REQUIRING CERTAIN SCHOOL BUSES PURCHASED ON OR AFTER JULY 1, 2019 TO HAVE AIR CONDITIONING; PROVIDING FOR THE CALCULATION OF SCHOOL BUS SEATING CAPACITY; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] SCHOOL BUS STANDARDS--AIR CONDITIONING--SEATING CAPACITY--RULES.--

          A. The department shall adopt rules to ensure that all school buses purchased after July 1, 2019, whether school district-owned or contractor-owned, shall be equipped with air conditioning if they are operated in school districts in which temperatures are regularly high enough to pose a risk to students riding in a school bus without air conditioning. All school districts and school bus contractors may request funds from the department to purchase new school buses with air conditioning or retrofit school buses with air conditioning, subject to rules established by the department pursuant to this subsection.

          B. In determining the seating capacity of school buses used for the transportation of school children when the buses are owned and operated by a school district or privately owned and operated under contract with a school district, the department shall adopt rules providing that seating shall not exceed:

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

                (2) two students, when the combined seated

width of those students is more than the actual width of the seat.

          C. The department shall ensure that training for new school bus drivers includes standardized training in the determination of the legal capacity when loading children and the procedure for reporting an overload condition."

     SECTION 2. APPROPRIATION.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the public education department for expenditure in fiscal years 2019 and 2020 to purchase buses with air conditioning systems and to install air conditioning systems on school buses already in use. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall not revert to the general fund.

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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