N.M. Code R. § 6.40.2.11 - SCHOOL BUS ADVERTISEMENTS
A.
SCHOOL BUS ADVERTISEMENT ADMINISTRATION
(1) The right to sell advertising space on
school buses shall be within the sole discretion of the local school board,
except as required by Paragraph (4) of Subsection A of 6.40.2.11
NMAC.
(2) Local school boards may
sell advertising space on the interior and exterior of school buses. The local
board shall develop guidelines for the type of advertisements that will be
permitted.
(3) No advertisement
shall involve obscenity, sexual material, gambling, tobacco, alcohol, political
campaigns or causes, religion or promoting the use of drugs; or general content
that is harmful or inappropriate for school buses as determined by the local
board of education.
(4) All school
bus private owners that have legal title to school buses used and operated
pursuant to an existing bus service contract with a school district may lease
space on their buses to the school district for the purpose of selling
commercial advertisements. In exchange for leasing the space, the school bus
owner-operators shall receive ten percent of the total value of the amount of
the contract between the school district and the commercial
advertiser.
(5) A school district
shall be permitted to solicit offers from commercial advertisers for the use of
space on the school buses that services its school district. The school
district may enter into a lease agreement with a commercial advertiser for the
use of any designated advertising space on a school bus that services the
school district.
(6) The contract
must include the time schedule permitted for placement and removal of the
advertisement, the term of the agreement, the rental amount and the signatures
of authorized parties. These agreements must be filed and maintained for a
period of five years from the expiration date of the advertisement
contract.
B.
ADVERTISEMENT TERM
(1) In a lease
agreement with a commercial advertiser, the school district shall establish the
rental amount, schedule and term. The term of any lease agreement shall not be
for a period longer than the time remaining on the school district's bus
service contract with a school bus operator who owns the bus that is the
subject of the lease agreement.
(2)
A school district shall not enter into a lease agreement with a commercial
advertiser that seeks to display an advertisement that is prohibited by local
school board guidelines or by Paragraph (3) of Subsection A of 6.40.2.11 of
this regulation.
C.
EXTERIOR ADVERTISEMENT SPACE REQUIREMENTS AND RESTRICTIONS
(1) All school bus advertisements shall be
painted or affixed by decal on the bus in a manner that does not interfere with
national and state requirements for school bus markings, lights and signs. The
commercial advertiser that contracts with the school district for the use of
the space for advertisements shall be required to pay the cost of painting or
affixing a decal for the advertisements on the bus and shall pay for its
removal after the term of the contract has expired.
(2) No advertisements shall be displayed on
the front, rear or left (driver) side of the school bus.
(3) No advertisement shall interfere with
national and state requirements for school bus markings, lights, signs,
emergency exits, service doors, windows and ventilation area of rear
engines.
(4) The amount of space
that will be permitted for commercial advertisements on the exterior portion of
a school bus will be limited to 18-inches from the rear most portion of the bus
and 6-inches from the window base line, service door(s), wheel well opening,
required lettering or bus body reflectors. Advertisements will be permitted
above the window drip rail leading toward the roof of the school bus.
D.
INTERIOR ADVERTISEMENT
SPACE REQUIREMENTS AND RESTRICTIONS
(1)
The amount of space that will be permitted for commercial advertisements on the
interior portion of school buses will be limited to the area above every other
window not to exceed 24-inches wide by 12-inches in height.
(2) No advertisement shall interfere with
national and state requirements for school bus markings, lights, signs,
emergency exits, service doors and windows.
(3) No advertisements shall be displayed on
the front or rear of the school bus.
(4) Advertisements shall be limited to health
and safety related messages.
E.
DISTRIBUTION OF FUNDS
(1) Funds raised from commercial
advertisement shall be distributed from the school bus advertising fund after
the required payment is made to school bus private owners.
(2) Sixty percent of the proceeds raised
shall be distributed to each school district to use in accordance with the
school district's technology plan in amounts proportionate to the amount that
each school district contributed to the school bus advertising fund.
(3) Forty percent of the proceeds raised
shall be distributed on a per membership basis of middle and junior high
schools by the secretary of education to school districts for extracurricular
activities. If a school district does not expend money from the school bus
advertising fund for extracurricular activities, it shall revert to the
fund.
F.
REPORTING AND ACCOUNTABILITY
(1) Funds
raised by a school district from lease agreements relating to the use of
advertising space on school buses by commercial advertisers shall be remitted
to the public education department, accounted for and subject to review and
examination.
(2) School districts
shall report to the public education department on how the funds were used in
the technology plans and for extracurricular activities.
Notes
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