HOUSE BILL 112

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Dennis J. Roch

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOL TRANSPORTATION; CHANGING THE DATES FOR REPORTING SCHOOL TRANSPORTATION INFORMATION TO THE STATE TRANSPORTATION DIRECTOR; CHANGING THE BASIS FOR DETERMINING TRANSPORTATION DISTRIBUTION ALLOCATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 22-8-29 NMSA 1978 (being Laws 1967, Chapter 16, Section 78, as amended) is amended to read:

     "22-8-29. TRANSPORTATION DISTRIBUTIONS--REPORTS--PAYMENTS.--

          A. Prior to [November] December 15 of each year, each local school board of a school district and governing body of a state-chartered charter school shall report to the state transportation director, upon forms furnished by the state transportation director, the following information concerning the school district's or state-chartered charter school's operation on the [first] second reporting date of the current year:

                (1) the number and designation of school bus routes in operation in the school district;

                (2) the number of miles traveled by each school bus on each school bus route, showing the route mileage in accordance with the type of road surface traveled;

                (3) the number of students, including special education students, transported on the [first] second reporting date of the current year [and adjusted for special education students on December 1];

                (4) the projected number of students to be transported in the next school year;

                (5) the seating capacity, age and mileage of each bus used in the school district for student transportation; and

                (6) the number of total miles traveled for each school district's or state-chartered charter school's per capita feeder routes.

          B. Each local school board of a school district and governing body of a state-chartered charter school maintaining a school bus route shall make further reports to the state transportation director at other times specified by the state transportation director.

          C. The state transportation director shall certify to the secretary that the allocations from the transportation distributions to each school district and state-chartered charter school are based upon the transportation distribution formula established in the Public School Code, [The allocations for the first six months of a school year shall be based upon the tentative transportation budget of the school district or state-chartered charter school for the current fiscal year. Allocations to a school district or state-chartered charter school for the remainder of the school year shall adjust the amount received by the school district or state-chartered charter school so that it equals the amount the school district or state-chartered charter school is entitled to receive for the entire school year based upon the November 15 report] calculated and distributed for the entire school year using the amounts reported on the second reporting date of the prior school year, and subject to audit and verification.

          D. If, upon determination of the state transportation director, the number of students reported on the second reporting date pursuant to Paragraph (3) of Subsection A of this section grew over the number of students from the second reporting date of the prior year, the state transportation director, with approval of the secretary, may transfer an amount from the transportation emergency fund to the local school board of a school district or governing body of a charter school up to the difference between:

                (1) the current transportation allocation calculated using the amounts reported on the second reporting date of the prior school year; and

                (2) the allocation calculated with the number of students reported on the second reporting date pursuant to Paragraph (3) of Subsection A of this section from the current year.

          [D.] E. The department shall make periodic installment payments to school districts and state-chartered charter schools during the school year from the transportation distributions, based upon the allocations certified by the state transportation director."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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