Demars v. Natchitoches Parish School Board

741 So. 2d 786, 98 La.App. 3 Cir. 1963, 1999 La. App. LEXIS 1756, 1999 WL 349930
CourtLouisiana Court of Appeal
DecidedJune 2, 1999
DocketNo. 98-1963
StatusPublished
Cited by1 cases

This text of 741 So. 2d 786 (Demars v. Natchitoches Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Demars v. Natchitoches Parish School Board, 741 So. 2d 786, 98 La.App. 3 Cir. 1963, 1999 La. App. LEXIS 1756, 1999 WL 349930 (La. Ct. App. 1999).

Opinions

JJPETERS, J.

The plaintiff, Monté L. Demars, sought employment with the' Natchitoches Parish School Board (School Board) as a school bus driver for the 1995-96 school year, and when his application for employment was rejected, he brought this action against the School Board and the State of Louisiana Board of Secondary and Elementary Education (BESE), seeking a declaratory judgment, damages, and attorney’s fees. The trial court rendered judgment in favor of the defendants and Demars has appealed, asserting two assignments of error. For [787]*787the following reasons, we affirm the trial court’s judgment in all respects.

It is acknowledged by the litigants that Demars was not hired because he did not meet the twenty-one-year-old age requirement of La.R.S. 17:491. That statute reads as follows:

As used in this Subpart, the term, “school bus operator” means |?any employee of any city or parish school board whose duty it is to transport students in any city or parish school bus or activity bus to and from any school of suitable grade approved by the department of education or to and from any school related activity. Such employee shall be certified to have participated in any school bus drivers instructional program or in-service training provided by the department of education as provided for in La.R.S. 17: 497.2, shall have attained the age of twenty-one years, and shall be certified to have passed any physical examination required by the department. It shall be unlawful for anyone not certified as provided herein to transport school students to and from any such school.
Employees of parish and city school boards who drive buses to colleges or universities may, at the discretion of the employing school board, be exempted from the age requirements provided herein, but shall meet those age requirements provided in R.S. 17:160.

(Emphasis added.)

Demars, who became eighteen years of age on August 27, 1995, graduated from Lakeview High School in Natchitoches Parish in May of 1995. After graduation, he expressed his desire to obtain a school bus route to certain personnel in the School Board’s transportation division and was given some information concerning the requirements for such a position. Demars then completed a forty-hour school bus driver’s instructional program and obtained a commercial driver’s license from the Louisiana Department of Public Safety. Despite having completed the mandatory training program and obtaining a commercial license, Demars’ application was rejected by the School Board based on the age limitation provided in La.R.S. 17:491.

At the urging of a School Board member, the parish superintendent attempted to obtain a waiver of the age limitation from BESE, but this request was rejected. Demars then instituted this suit in which he asserts that La.R.S. 17:491 has been amended or repealed by La.R.S. 17:160, or is unconstitutional. After trial, the trial court found that La.R.S. 17:160 did not amend or repeal La.R.S. 17:491, that the two statutes were not in conflict, and that La.R.S. 17:491 was not unconstitutional. The 1 atrial court further found that because Demars stipulated his claim was in contract, there could be no award for tort damages.

Assignment of Error Number One

In his first assignment of error, Demars contends that the trial court erred in not finding that the enactment of La.R.S. 17:160, last amended by Acts 1989, No. 419, § 1, repealed La.R.S. 17:491, last amended by Acts 1981, No. 731, § 1. The amended version of La.R.S. 17:160 provides:

A. No person who is under eighteen years of age shall drive a school bus having therein children en route to or from school or a school function.
B. No person shall employ, hire, or allow any person under eighteen years of age to drive a school bus carrying children en route to or from school or a school function.
C. Whoever violates any provision of this Section shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than six months, or both.

Demars argues that the language of La. R.S. 17:160, which seems to permit a school board to hire a school bus driver at age eighteen, implicitly repeals the prohibition against hiring school bus drivers [788]*788under the age of twenty-one found in La. R.S. 17:491.

A law may be repealed by the enactment of a subsequent law. La.Civ. Code art. 8 provides:

Laws are repealed, either entirely or partially, by other laws.
A repeal may be express or implied. It is express when it is literally declared by a subsequent law. It is implied when the new law contains provisions that are contrary to, or irreconcilable with, those of the former law.
The repeal of a repealing law does not revive the first law.

It is well settled that repeals by implication are not favored, and such a “repeal by implication will be found only where there is an irreconcilable conflict between two' Lstatutes and where there exists no possible construction that could give both statutes effect.” Jordan v. Louisiana Gaming Control Bd., 98-1122, 98-1133, 98-1134, p. 9 (La.5/15/98); 712 So.2d 74, 81. As La.R.S. 17:160 does not expressly repeal La.R.S. 17:491, the question is whether there is an irreconcilable conflict between the two statutes. In its reasons for judgment, the trial court concluded that, despite a poor job of draftsmanship, the two statutes are not in conflict. It further stated:

R.S. 17:491 requires that a school bus driver must have completed instruction programs and in-service training as provided by the Department of Education, must be twenty-one (21) year of age, and must have passed a physical examination. In the second paragraph of said statute, referral is made to those employees who drive to colleges or universities, and which states that at the discretion of the local school board, they may be exempted from the twenty-one (21) year age requirement, but shall meet the age requirement of 17:160 (age 18). This Court determines that the sole purpose of 17:491 is to set out the requirements to be a school bus driver, including age.
R.S. 17:160 makes it illegal to em-plo[y], hire or allow a person under age eighteen (18) to drive a school bus carrying children, and sets penalties for violation of a fine up to five hundred dollars ($500.00) or six (6) months imprisonment, or both. That is the sole purpose of the statute.
Therefore, the two (2) statutes are not in conflict, but serve different purposes. It is extremely important to note that the language of 17:491 refers to 17:160 and allows exemptions from the twenty-one (21) year old age requirement for .college bus operators. If the statutes were in conflict, this would not be the case. Further, by having one statute expressly refer to the other, the legislature obviously intended them to be separate and distinct with differing purposes.

We further note that prior to the 1989 amendment, La.R.S. 17:160 contained the same prohibition concerning the hiring of eighteen-year-old school bus drivers as it does today. The amendment merely deleted the prior prohibition against hiring school bus drivers over the age of sixty-five.

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741 So. 2d 786, 98 La.App. 3 Cir. 1963, 1999 La. App. LEXIS 1756, 1999 WL 349930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demars-v-natchitoches-parish-school-board-lactapp-1999.