HB 265 — SEAT BELTS IN SCHOOL BUSES

HOUSE TRANSPORTATION, PUBLIC WORKS AND CAPITAL IMPROVEMENTS COMMITTEE SUBSTITUTE FOR HOUSE BILL 265 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 4INTRODUCED 6BY 8Jack 10Chatfield ANand ACTWilliam RELATING“Bill” TOR. MOTOR VEHICLES;

REQUIRINGRehm THATand ALLChristine SCHOOLTrujillo BUSESand PURCHASEDSusan ONK. OR AFTER JANUARY 1, 2020 HAVE AIR CONDITIONING IN CERTAIN DISTRICTS AND HAVE COLLISION AVOIDANCE SYSTEMS, SEAT 14 BELTS AND STABILITY CONTROL;

ESTABLISHINGHerrera LIMITSPursuant FORto THEHouse NUMBERRule OF24-1, STUDENTSthis ALLOWEDdocument PERincorporates SEAT;amendments that have been adopted prior to consideration of this measure by the House.

LIMITINGIt Ais STANDARDa OFtool DUTY.to show the amendments in context and is not to be used for the purpose of amendments.

eAN tACT 17RELATING BETO ITMOTOR ENACTEDVEHICLES; BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

wREQUIRING lTHAT nALL dSCHOOL 18BUSES SECTIONPURCHASED 1.ON OR AFTER JANUARY 1, 2020 HAVE SEAT BELTS, h STABILITY CONTROL AND COLLISION AVOIDANCE SYSTEMS.

Sectiong 22-16-11o NMSAt 1978hr (beingg Lawse 1978,i =k =BE 19IT ChapterENACTED 35,BY SectionTHE 469,LEGISLATURE asOF amended)THE isSTATE amendedOF toNEW read:MEXICO:

ah lr i as eSECTION r1. 20 "22-16-11.

REGULATIONSSection RELATIVE22-16-11 TONMSA SCHOOL1978 BUSES.--(being aLaws t1978, mh m, 21t, A.Chapter 35, Section 469, as amended) is amended to read:

Thee stateu transportationg director [appointed as d r e 22b providedl in Section 22-16-1 NMSA 1978] shall adopt and enforce c e s k 23 [regulations] rules adopted by the [state board] department not e ah n"22-16-11. b 24 inconsistent with the Motor Vehicle Code to govern the design u [ and operation of all school buses used for the transportation .214278.2 HTPWC/HB 265 of school children [when ];

providedREGULATIONS that:RELATIVE TO SCHOOL BUSES.-- n d d i = = o h A.

(1)The thestate rulestransportation fordirector the[appointed designas ofl school] busesb ,d i a º e provided in Section 22-16-1 NMSA 1978] shall requireadopt alland purchasesenforce ofr modeli year= 2020r ort subsequente modelw yeard schoolm busesa purchasedn ono or[regulations after] Januaryrules 1,adopted 2020by tothe be[state equippedboard] with:department not d m :

(a)b aire conditioningd ifs theº buseso aret ton be= operated.211726.1 ins schoolk districtsm thate regularlye experiencea temperaturesn thate wouldd poser ae riskl u [ A d inconsistent with the Motor Vehicle Code to studentsgovern ridingthe indesign and operation of all school buses withoutused airfor conditioning;the transportation of school children [when ];

(b)provided that the rules shall require all HECºpurchases of model year 2020 or subsequent model year»HEC school buses purchased on or after January 1, to be equipped with seat belts for all passengers, stability control and collision avoidance systems;systems.

(c)B. seat belts for all passengers;

The rules adopted under Subsection A of this section shall apply to school buses used for the transportation of school children when owned and (d)operated stabilityby control;any school district or privately owned and operated under contract with any school district in this state HECº ,»HEC HECº;

andprovided (2)that theno rulesrule forshall operationplace ofa schoolduty buseson providea thatschool studentbus seatingdriver ongreater than a good faith effort standard to ensure that school buschildren use seat belts.»HEC HECºand the»HEC HECºThe»HEC [regulations ] rules shall notby exceed:reference be made a part of any h such contract with a school district.

(a)Every threeschool students,district, wheng theo combinedt seatedhr widthits ofofficers thoseand studentsemployees isand moreevery thanperson theemployed actualunder widthg of e ei 17k contract by a school district shall be subject to the seat;h r i s [regulations ] rules.

orh e, t, e nu dg 18[B.] (b)C. two students, when the combined = = l ] 19 seated width of those students is more than the actual width of a l r i 20 the seat.

tAny officer or employee of any school e b l e e h district who violates any of the [regulations] rules or fails n d d i = = o h to include obligation to comply with the [regulations ] rules in l ] b ,d i a º e r i = r any contract executed by [him ] the officer or employee on t B.e w d m a n o behalf of a school district is guilty of misconduct and subject d m :

Theb rules adopted under Subsection A of this m m 21 e d sections shallº applyo tot schooln buses= used.211726.1 fors thek transportationm r e 22- c2 e- r c 23 of school children when owned and operated by any school e a n be 24d districtr ore privatelyl owned and operated under contract with u [ anyA schoold districtto inremoval thisfrom stateoffice [andor theemployment. regulations ];

.214278.2Any -HECºperson»HEC 2HECºcontractor»HEC -operating HTPWC/HBa 265school providedbus, thatunder nocontract rulewith shalla placeschool adistrict, dutywho onfails ato schoolcomply buswith driverany greaterof thanthe a[regulations] reasonablerules effortis standardguilty toof ensurebreach thatof schoolcontract, childrenand usethe seatcontract belts.may be canceled after notice and hearing by the state transportation director acting in conjunction with the responsible officers of the school district.

The[C.] rulesD. shall by reference be made a part of any such contract with a school district.

EveryAny schooldriver district,of itsa officersschool andbus employeeswho andfails everyto personcomply employedwith underany contractof bythe a[regulations school] districtrules shallis beguilty subjectof toa themisdemeanor." [regulationsSECTION ]2. rules.

[B.]EFFECTIVE C.DATE.--The effective date of the provisions of this act is January 1, 2020.

Any- officer3 or- employeeh ofu any» schoolr districtt whoh violatesg anye ofl thei [regulationsh ]r rulesi ors failsh to, includee obligationh tot complyu withg thee [regulationsb ]l rulese ine any, contractgh executedn byd [himd ]i the= officer= oro employeeh onl behalf] ofb ,d i a schoolº districtr ise guiltyr of= misconductt ande subjectw tod removalm froma officen oro employment.d m :

Anyb [person]r contractore operatingt aº schoolo bus,t undern contract= with.211726.1 as schoolk district,m who fails to comply with any of the [regulations ] rules is guilty of breach of contract, and the contract may be canceled e e 17a aftern notice and hearing by the state transportation director e e n d 18r actinge in conjunction with the responsible officers of the = = l ]u 19[ schoolA district.d

a l r i 20 [C.] D.

Any driver of a school bus who fails to t e a t comply with any of the [regulations ] rules is guilty of a m m 21 e d misdemeanor." r e 22 c e r c 23 SECTION 2.

EFFECTIVE DATE.--The effective date of the e a n b 24 provisions of this act is July 1, 2020.

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