HTML> AN ACT TO AUTHORIZE MEMBERS OF THE HIGHWAY PATROL, SHERIFFS, CONSTABLES AND OTHER PEACE OR POLICE OFFICERS TO ISSUE CITATIONS AGAINST THE SCHOOL DISTRICTS FOR EXCEEDING THE MAXIMUM NUMBER OF PASSENGERS AUTHORIZED UNDER THE BUS MANUFACTURER'S SPECIFI

MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Transportation

By: Representative Guice

House Bill 611

AN ACT TO AUTHORIZE MEMBERS OF THE HIGHWAY PATROL, SHERIFFS, CONSTABLES AND OTHER PEACE OR POLICE OFFICERS TO ISSUE CITATIONS AGAINST THE SCHOOL DISTRICTS FOR EXCEEDING THE MAXIMUM NUMBER OF PASSENGERS AUTHORIZED UNDER THE BUS MANUFACTURER'S SPECIFICATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. It shall be a misdemeanor for any school district to allow the number of passengers on a school bus to exceed the maximum capacity allowed pursuant to the school bus manufacturer's specifications. Upon a conviction of a violation of this provision, a school district shall be fined not less than Fifty Dollars ($50.00).

Members of the Highway Safety Patrol, sheriffs, constables and other peace or police officers may stop a school bus for the purpose of ascertaining compliance with the prohibition against exceeding the maximum number of passengers allowed on the bus. If it is found that a violation of this provision has occurred, the highway patrolman, sheriff, constable or other peace or police officer shall issue a citation directly against the school district and not the bus driver, which citation shall be mailed promptly to the superintendent of the school district.

The issuing of a citation for violation of this provision shall have no effect upon the record of the bus driver. Any acts of retaliation against the bus driver by the school district shall be unlawful.

SECTION 2. Section 1 of this act shall be codified as a separate section of Chapter 41, Title 37, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.