Bill Text: MS HB1233 | 2010 | Regular Session | Engrossed

Mississippi House Bill 1233 (Prior Session Legislation)

Bill Title: School buses; authorize districts to adopt policy allowing advertising on.

Sponsorship: Bipartisan Bill

Status: (Failed) 2010-03-03 - Died In Committee [HB1233 Detail]

Download: Mississippi-2010-HB1233-Engrossed.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Education

By: Representatives Mayo, Carpenter, Hamilton (6th), Jones (111th), Puckett, Whittington

House Bill 1233

(As Passed the House)

AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE RULES AND REGULATIONS AUTHORIZING LOCAL SCHOOL BOARDS TO LEASE ADVERTISING SPACE ON SCHOOL BUSES; TO AUTHORIZE LOCAL SCHOOL BOARDS TO ADOPT A POLICY GOVERNING ADVERTISING ON SCHOOL BUSES OWNED BY THE SCHOOL DISTRICT; TO REQUIRE THE ACCOUNTING OF REVENUE GENERATED FROM THE LEASING OF ADVERTISING SPACE ON SCHOOL BUSES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The State Board of Education shall promulgate rules and regulations authorizing local school boards to lease advertising space on the interior and exterior of school buses. The regulations must include provisions that:

(a) Prohibit advertising that contains obscenity, sexual material, gambling, tobacco products, alcohol, political campaigns or causes, public advocacy or lobbying regarding any matters before the Legislature or any state agency or governing authority of any local, state or federal political division, or religion;

(b) Prohibit advertising that promotes the use of drugs or any illegal activity or antisocial behavior;

(c) Prohibit advertising that contains general content that is harmful, discriminatory, false, misleading or deceptive, not age appropriate or otherwise appropriate for school buses, as determined by the school board of a local school district;

(d) Prohibit advertising containing an endorsement, whether actual or implied, by a school district for a product or service;

(e) Establish the maximum amount of space that is available for commercial advertisements on school buses, consistent with state and federal requirements relating to school bus markings, lights and signs; and

(f) Prescribe other requirements or conditions regarding school bus advertising deemed necessary or desirable by the board for the implementation of this act.

SECTION 2. (1) The school board of a local school district, in its discretion, may adopt a policy for advertising on the school buses owned by that district, which policy must comply with the rules and regulations adopted by the State Board of Education under Section 1 of this act. A school bus advertising policy must include, but not necessarily be limited to, the following provisions:

(a) A requirement that all school bus advertisements be painted or affixed by decal on a school bus in a manner that does not interfere with state and federal requirements for school bus markings, lights and signs;

(b) A requirement that contracts for advertising require the advertiser to pay the cost of placing an advertisement on a bus and for the removal of the advertisement upon the expiration of the term of the contract;

(c) A description of the place or places on school buses that advertising may be located, including whether advertising may be on the interior or exterior, or both, of school buses;

(d) The maximum allowable dimensions of advertising spaces;

(e) Restrictions on the style and coloring that are permitted on school bus advertisements; and

(f) Such other provisions that the school board deems necessary or desirable for the implementation of a school bus advertising policy.

(2) The right to lease advertising space on school buses is within the sole discretion of the local school board.

(3) A local school board may solicit offers from commercial advertisers for the leasing of space on the school buses owned by the school district. The school board may enter into a lease agreement with a commercial advertiser for the use of any designated advertising space on a school bus. The lease agreement entered into by the school district with a commercial advertiser must establish the rental amount, payment structure, advertising schedule and term of the agreement. A school district may not enter into any lease agreement with a commercial advertiser that seeks to display an advertisement that is prohibited by the State Board of Education or the school district's policy governing school bus advertising.

SECTION 3. One hundred percent (100%) of the revenue generated from the leasing of advertising space on school buses shall be retained by the local school district to be used for transportation, maintenance and capital improvement.

SECTION 4. Funds raised by a school district from the leasing of advertising space on school buses by commercial advertisers must be fully accounted for and subject to review and examination by the State Auditor's Office.

SECTION 5. This act shall take effect and be in force from and after July 1, 2010.