The Committee on Education and Public Works proposes the following Amendment No. to H. 3100 (COUNCIL\CM\3100C004.GT.CM22):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 56-5-2780 of the 1976 Code is amended to read:

"Section 56-5-2780. (A)A driver of a vehicle violating Section 56-5-2770 (A) or (C) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual one thousand dollars and not more than two thousand dollars and required to complete an appropriate term of community service of not fewer than ten twenty days upon terms and conditions the court considers proper. Notwithstanding any other provision of law, a first offense for a violation of Section 56-5-2770 (A) or (C) may be tried in magistrate's magistrates court.

(B)Upon conviction , entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770 (A) or (C), a person is guilty of a misdemeanor and must be fined not less than two thousand five hundred dollars or and not more than five thousand dollars or and either imprisoned for not fewer than thirty days and not more than sixty or have his license suspended for thirty days.

(B)(C)If a driver of a vehicle violates Section 56-5-2770 (A) or (C), and the violation proximately causes great bodily injury or death to a pedestrian, the person is guilty of a felony and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bond, the person must be:

(1) fined not less than five thousand seven thousand five hundred dollars or more than ten thousand dollars and imprisoned for not less than sixty ninety days or and not more than one year when great bodily injury results;

(2) fined not less than ten thousand dollars or and not more than twenty-five thousand dollars and imprisoned for not less than one year or and not more than five years when death results.

As used in this subsection, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The Department of Motor Vehicles shall suspend the driver's license of a person who is convicted or who receives a sentence upon a plea of guilty or nolo contendere pursuant to this subsection for the term of imprisonment plus one year. A violation of the provisions of this subsection also requires successful completion of a classroom course in driver's safety before reinstatement of driving privileges.

(D) All fines collected pursuant to this section shall be received and administered by the South Carolina Department of Education for the purchase of extended school bus stop arms and other school bus equipment.

(E) The month of August of each year is declared 'School Bus Safety Month' in South Carolina."

SECTION2. Article 3, Chapter 67, Title 59 of the 1976 Code is amended by adding:

"Section 59-67-512.The State Superintendent of Education has the discretion to overrule the decision of a local school district regarding the placement of a student school bus stop. The exercise of this discretion is limited to school bus stops that the Superintendent determines to be dangerous."

SECTION3. This act takes effect ninety days after approval by the Governor. /