House Bill 92

AN ACT TO AMEND SECTION 37-41-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS TO ENSURE THAT SCHOOL DISTRICTS REQUIRE ALL PASSENGERS TO WEAR SEAT BELTS WHENEVER THE BUS IS IN MOTION; TO AMEND SECTION 37-41-3, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH SCHOOL DISTRICT TO EQUIP SCHOOL BUSES WITH PROPERLY DESIGNED SEAT BELTS DURING THE 2015-2016 SCHOOL YEAR; TO REQUIRE ANY BUSES PURCHASED BY SCHOOL DISTRICTS AFTER JULY 1, 2015, TO BE EQUIPPED WITH SEAT BELTS AT THE TIME OF PURCHASE; TO AMEND SECTION 63-2-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY SCHOOL BUS THAT IS PURCHASED NEW AFTER JULY 1, 2015, AND IS USED TO TRANSPORT PUBLIC SCHOOL STUDENTS IN GRADES PREKINDERGARTEN THROUGH GRADE 12 MUST BE EQUIPPED WITH SEAT BELTS MEETING APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-41-1, Mississippi Code of 1972, is amended as follows:

37-41-1. (1) The State Board of Education is authorized, empowered and directed to promulgate rules and regulations relating to the transportation of students enrolled in the public school districts, including rules and regulations for:

(a) Setting standards for public school district bus routes;

(b) Setting standards for public school district buses;

(d) Formulating procedure for selecting public school district bus drivers;

(e) Formulating courses of training for public school district bus drivers and mechanics, and assist in administering and financing such courses;

(f) Providing operation procedure for public school district buses to insure safety of pupils;

(g) Formulating specifications for use in purchasing public school district buses; getting bids on public school district buses; equipment and supplies; and fixing prices based upon said bids which school districts may not exceed in purchasing said equipment;

(h) Formulating specifications for use by school districts in purchasing used school buses; * * * ~~and~~

(i) Providing a system of records and reports for the purpose of carrying out the provisions of Sections 37-41-1 through 37-41-51, and providing the superintendent of schools with a sufficient supply of report forms * * *.; and

(j) Requiring seat belt usage by all passengers and drivers in public school buses equipped with seat belts.

(2) (a) All rules and regulations adopted and promulgated by the State Board of Education relating to school district bus drivers shall also be applicable to drivers of privately owned buses transporting public school district children.

(b) All rules and regulations adopted and promulgated by the State Board of Education pursuant to the authority conferred by this section shall be spread at large upon the minutes of the State Board of Education and copies thereof shall be furnished to all school boards not less than thirty (30) days prior to the effective date of such rules and regulations.

(3) The provisions of this chapter are applicable to school districts and the transportation of students enrolled in public school districts. Charter schools authorized by the Mississippi Charter School Authorizer Board are exempt from the provisions of this chapter.

SECTION 2. Section 37-41-3, Mississippi Code of 1972, is amended as follows:

37-41-3. (1) Pupils of legal school age, which shall include kindergarten pupils, and in actual attendance in the public schools who live a distance of one (1) mile or more by the nearest traveled road from the school to which they are assigned by the school district in which they are enrolled shall be entitled to transportation within the meaning of this chapter. Nothing contained in this section shall be construed to bar any child from such transportation where he or she lives less than one (1) mile and is on the regular route of travel of a school bus and space is available in such bus for such transportation. No state funds shall be paid for the transportation of children living within one (1) mile of the school, except as otherwise provided in this chapter, and such children shall not be included in transportation reports. In the development of route plans, economy shall be a prime consideration. There shall be no duplication of routes except in circumstances where it is totally unavoidable. The State Department of Education shall have authority to investigate school bus routing when there is reason to believe the provisions of this statute are being violated. The State Board of Education shall have authority to withhold transportation funds when school districts fail to correct unnecessary route duplication. Provided further, that all school districts are hereby authorized to lease or contract with any public or private individual, partnership, corporation, association, agency or other organization for the implementation of transportation of pupils as provided for in this section.

(2) The school boards may provide transportation to such crippled and physically handicapped children as may be designated by such boards, when the failure to do so would result in undue hardship, even though the children are not otherwise entitled to transportation under the provisions of this chapter. The State Department of Education shall require all school districts during the 1993-1994 school year to equip school buses with properly designed seat belts to protect such physically handicapped children, and school districts are authorized to expend funds therefor from nonminimum program or other sources.

(3) Where space is available, students attending junior colleges shall be allowed transportation on established routes in district-owned buses. However, no additional funds shall be allocated or expended for such purposes, and such persons shall not be included in transportation reports.

(4) Children enrolled in special or alternative programs approved by school boards may be provided transportation even though such children are not otherwise entitled to transportation under the provisions of this chapter. No additional funds shall be allocated or expended for such purpose, and such children shall not be included in transportation reports.

(5) The State Department of Education shall require all school districts during the 2015-2016 school year to equip school buses with properly designed seat belts to protect those children of the school district for whom transportation is provided under the requirements of this section, and any school buses purchased by school districts after July 1, 2015, shall be equipped with seat belts at the time of purchase. The school districts are authorized to expend funds for purposes of this subsection from nonadequate education program funds or other funding sources.

SECTION 3. Section 63-2-1, Mississippi Code of 1972, is amended as follows:

63-2-1. (1) When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator, every front-seat passenger and every child under seven (7) years of age who is not required to be protected by the use of a child passenger restraint device or system or a belt positioning booster seat system under the provisions of Sections 63-7-301 through 63-7-311, regardless of the seat that the child occupies, shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208.

(2) "Passenger motor vehicle" for purposes of this chapter means a motor vehicle designed to carry fifteen (15) or fewer passengers, including the driver, but does not include motorcycles, mopeds, all-terrain vehicles or trailers.

(3) This section shall not apply to:

(a) Vehicles which may be registered for "farm" use, including "implements of husbandry" as defined in Section 63-21-5(d), and "farm tractors" as defined in Section 63-3-105(a);

(b) An operator or passenger possessing a written verification from a licensed physician that he is unable to wear a safety belt system for medical reasons;

(c) A passenger car operated by a rural letter carrier of the United States Postal Service or by a utility meter reader while on duty; or

(d) (i) Buses * * * .other than buses described in subparagraph (ii);

(ii) Every school bus purchased new after July 1, 2015, that is used to transport public school students in grades prekindergarten or Kindergarten through Grade 12 must be equipped with three-point lap/shoulder belts meeting applicable federal motor vehicle safety standards. The State Board of Education shall adopt policies, guidelines, rules and regulations to ensure that school districts require all passengers, including the driver, to wear these belts whenever the bus is in motion; however, a school bus driver may not be held personally liable for the failure of passengers to wear safety belts as required by the board's rules and regulations.

SECTION 4. This act shall take effect and be in force from and after July 1, 2015.