0001| HOUSE BILL 543 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| R. DAVID PEDERSON | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO INSURANCE; AMENDING SECTION 22-16-3 NMSA 1978 (BEING | 0013| LAWS 1967, CHAPTER 16, SECTION 221, AS AMENDED) TO REQUIRE | 0014| UNINSURED MOTORISTS' INSURANCE COVERAGE FOR SCHOOL BUSES; | 0015| DECLARING AN EMERGENCY. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 22-16-3 NMSA 1978 (being Laws 1967, | 0019| Chapter 16, Section 221, as amended) is amended to read: | 0020| "22-16-3. SCHOOL BUS SERVICE CONTRACTS.-- | 0021| A. A school district may provide transportation | 0022| services to students through the use of school bus service | 0023| contracts. School districts may enter into school bus service | 0024| contracts with individual school bus owner-operators or with | 0025| school bus fleet owners or with both. A school district shall | 0001| not enter into any school bus fleet service contract with any | 0002| person who is simultaneously employed by that school district as | 0003| an individual school bus owner-operator. | 0004| B. All contracts entered into by a school district | 0005| to provide school bus service to students attending public | 0006| school within the school district shall be approved by the local | 0007| school board. The contracts shall be in writing on forms | 0008| approved by the state board. | 0009| C. In addition to approving the form of the | 0010| contract, the state board shall, by regulation, establish the | 0011| parameters of school bus service contracts to include | 0012| recognition of fuel costs, operation and maintenance costs and | 0013| employee salary and benefits costs. In entering into school bus | 0014| service contracts, school districts shall give preference to | 0015| in-state service providers and the use of multiple providers. | 0016| Upon request, the department of education shall provide | 0017| assistance to local school districts in the negotiation and | 0018| award of school bus service contracts. | 0019| D. A school district may enter into a school bus | 0020| service contract for a term not to exceed five years. A school | 0021| bus service contract may provide, at the expiration of the term | 0022| of the contract, for annual renewal of the school bus service | 0023| contract on the same terms and conditions at the option of the | 0024| local school board. | 0025| E. In the event a contract with a school bus | 0001| operator is terminated, the buses owned by the operator that are | 0002| used pursuant to his school bus service contract shall be | 0003| appraised by three qualified appraisers appointed by the local | 0004| school board and approved by the state transportation director. | 0005| The operator succeeding to the contract shall purchase, with the | 0006| approval of the operator whose contract was terminated, all of | 0007| the buses owned by the former operator at their appraised value. | 0008| F. Students may not be transported on a school bus | 0009| pursuant to a school bus service contract unless the school bus, | 0010| the driver of the school bus and the students are covered for | 0011| the risks of bodily injury and property damage pursuant to a | 0012| motor vehicle liability insurance policy that includes uninsured | 0013| motorists' coverage as described in Section 66-5-301 NMSA 1978. | 0014| Limits of liability for the coverage shall be established by the | 0015| school district. A school bus service contract entered into | 0016| pursuant to the provisions of this section shall include a | 0017| requirement for the specified uninsured motorists' coverage. If | 0018| it does not, the contract is void." | 0019| Section 2. EMERGENCY.--It is necessary for the public | 0020| peace, health and safety that this act take effect immediately. | 0021| - 3 - | 0022| State of New Mexico | 0023| House of Representatives | 0024| | 0025| FORTY-SECOND LEGISLATURE | 0001| SECOND SESSION, 1996 | 0002| | 0003| February 1, l996 | 0004| | 0005| | 0006| Mr. Speaker: | 0007| | 0008| Your RULES AND ORDER OF BUSINESS COMMITTEE, to | 0009| whom has been referred | 0010| | 0011| HOUSE BILL 540 | 0012| | 0013| has had it under consideration and finds same to be | 0014| GERMANE in accordance with constitutional provisions. | 0015| | 0016| Respectfully submitted, | 0017| | 0018| | 0019| | 0020| | 0021| Barbara A. Perea Casey, | 0022| Chairperson | 0023| | 0024| | 0025| Adopted Not Adopted | 0001| | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| Date | 0005| | 0006| The roll call vote was 10 For 0 Against | 0007| Yes: 10 | 0008| Excused: Lujan, Olguin, Rodella, R. G. Sanchez, S. M. Williams | 0009| Absent: None | 0010| | 0011| H0540RC1 |