House Bill No. 523

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act revising the penalties for a violation of school transportation law or board of public education transportation policy; and amending section

20-10-104, MCA."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 20-10-104, MCA, is amended to read:

"20-10-104.   Penalty for violating law or rules. (1) Every district, its trustees and employees, and every person under a transportation contract with a district shall be is subject to the policies prescribed by the board of public education and the rules prescribed by the superintendent of public instruction. When a district knowingly violates a transportation law or board of public education transportation policy, such the district shall forfeit any reimbursement otherwise payable under 20-10-145 and 20-10-146 for any bus miles actually traveled during that fiscal year in violation of such the law or policies.

(2) The county superintendent shall suspend all such reimbursements payable to the district under 20-10-145 and 20-10-146 for all miles being traveled, including both miles being traveled in compliance with the transportation laws or policies and miles being traveled in violation of the transportation laws or policies, until the district corrects the violation. When the district corrects the violation, the county superintendent shall resume paying reimbursements to the district payment of all reimbursements otherwise payable under 20-10-145 and 20-10-146, including repayment of amounts suspended during the violation, but the amount forfeited under subsection (1) may not be paid to the district.

(2)(3)  When a person operating a bus under contract with a district knowingly fails to comply with the transportation law or the board of public education transportation policies, the district may not pay him the person for any bus miles traveled during the contract year in violation of such law or policies. Upon discovering such a violation, the trustees of the district shall give written notice to the person that unless the violation is corrected within 10 days of the giving of notice, the contract will be canceled. The trustees of a district shall order the operation of a bus operated under contract suspended when the bus is being operated in violation of transportation law or policies and the trustees find that such the violation jeopardizes the safety of pupils."

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