MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education; Judiciary, Division B
By: Senator(s) Yancey, Blount
AN ACT TO AMEND SECTION 63-2-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY SCHOOL BUS THAT IS PURCHASED NEW AFTER JULY 1, 2010, AND IS USED TO TRANSPORT PUBLIC SCHOOL STUDENTS IN GRADES PRE-KINDERGARTEN THROUGH GRADE 12 MUST BE EQUIPPED WITH SEAT BELTS MEETING APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS; 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 THESE BELTS WHENEVER THE BUS IS IN MOTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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, 2010 that is used to transport public school students in grades pre-kindergarten 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 2. 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 for:
(a) Setting standards for public school bus routes;
(b) Approving or disapproving plans for public school routes;
(c) Setting standards for public school buses;
(d) Setting standards for public school bus drivers;
(e) Formulating procedure for selecting public school bus drivers;
(f) Formulating courses of training for public school bus drivers and mechanics, and assist in administering and financing such courses;
(g) Providing operation procedure for public school buses to insure safety of pupils;
(h) Furnishing consultative supervision for the operation of county school bus garages, and approving plans for such garages and the proposed expenditure of transportation funds therefor;
(i) Formulating specifications for use in purchasing public school buses; getting bids on public school buses; equipment and supplies; and fixing prices based upon said bids which school districts may not exceed in purchasing said equipment;
(j) Formulating specifications for use by school districts in purchasing used school buses;
(k) 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;
(l) Conduct upon said buses; * * *
(m) The method by which, and the circumstances in which, any individual who is not a student scheduled to be a passenger upon that particular bus, a member of the public school administration or faculty, or a law enforcement official may obtain entry upon said buses; and
(n) 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 bus drivers shall also be applicable to drivers of privately owned buses transporting public school 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.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.