SB373 By Senators Pittman, Chambliss, Albritton, Marsh, Scofield, Sanford, Glover, Holley, Livingston, McClendon, Allen, Shelnutt, Ward, Reed, Waggoner, Beasley, Stutts, Melson, Dial and Williams RFD Finance and Taxation Education Rd 1 14-APR-15

SYNOPSIS: Under existing law, local boards of education are allocated funds annually for transportation operations and for the replacement of school buses. The amount allocated for the replacement of school buses is based on a ten-year replacement schedule established by the State Board of Education.

This bill would establish a twelve-year replacement schedule and allow local boards of education to apply for waivers for the use of buses in operation beyond the twelve-year replacement schedule.

A BILL TO BE ENTITLED AN ACT

To amend Section 16-13-233, Code of Alabama 1975, relating to the allowance for transportation; to establish a twelve-year bus replacement schedule; and to allow local boards of education to apply for waivers for the use of buses in operation beyond the twelve-year replacement schedule.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 16-13-233, Code of Alabama 1975, is amended to ready as follows:

§16-13-233.

"(a) The allowance for transportation for those local boards of education providing same shall be determined as follows for any local board of education: The number of pupils transported on transportation routes approved under regulations of the State Board of Education shall be multiplied by an amount per pupil which is to be fixed by the State Board of Education and applied to local boards of education within groups having similar density of population; provided, that studies shall be made from time to time to determine whether the cost allowed per pupil or the cost unit should be changed in any or all local boards of education. In determining the amount to be allotted for transportation, said allotment shall include an allowance for transportation in accordance with the provisions of Section 16-39-11; however, no allowance shall be made for transporting pupils who live less than two miles from the school they are attending unless such pupils can be shown to be disabled and require transportation. Upon a petition to the State Superintendent of Education by the local board of education, the two mile limit may be waived by the State Superintendent of Education to protect the safety of the children. The total amount allotted any local board of education for transportation shall not exceed a figure determined by the State Board of Education in terms of the ratio between pupils transported to school and the total number of pupils attending school in the jurisdiction of such local board of education or some similar ratio established by the State Board of Education. Any local board of education which qualifies for a transportation allowance must provide buses which meet minimum standards established by the State Board of Education and must take such other steps to protect the safety of the children as are required under regulations of the State Board of Education.

"(b) The allowance for transportation provided in (a) above shall include funding for depreciation based on a twelve-year depreciation schedule, except as otherwise provided in subsection (c) established by the State Board of Education. The depreciation funding included in the transportation allowance shall be set aside in a restricted fund by the local boards of education for fleet renewal only and shall not be used for operating costs. These transportation cost allowance depreciation funds shall not revert to the Education Trust Fund but shall be carried forward from fiscal year to fiscal year to renew the transportation fleet of the local boards of education.

"(c) The State Superintendent of Education may grant waivers for an additional three (3) years on a year-to-year basis. Waivers for buses in operation for more than twelve-years may be applied for on a year-to-year basis upon the following conditions:

"(1) Any bus with over twelve (12) years of use, but not more than fifteen (15) years of use, shall be inspected by the State Superintendent of Education, or his or her designee, at least twice annually;

"(2) At such inspections, the inspector shall have the authority to require repairs or reconditioning to be made which the inspector considers necessary for the continued safe use and operation of the bus. If the local board of education or owner refuses to take the required action of if the inspector considers continued use of the bus to be unsafe, the inspector shall order its removal from service;

"(3) In addition to any other repairs, replacements or reconditioning required by the inspector, the steering, braking and exhaust systems of all conventional buses with over twelve (12) years of service shall be thoroughly reconditioned or replaced, as necessary, prior to any continued use; and

"(4) If a school bus for which a waiver for a fifteenth year of service has been granted reaches the end of such waiver within one hundred eighty (180) calendar days from the end of a school year, then such bus may continue in service to the end of such school year, or for a period of time not to exceed one hundred eighty (180) calendar days, whichever is shorter. Such school bus shall meet all requirements for continued safe use and operation, including an additional inspection by the State Superintendent of Education, or his or her designee, prior to any such continuance in service, as provided in this subdivision (c)(4)."