H 3652 Session 112 (1997-1998)
H 3652 General Bill, By Beck, Allison, Battle, Boan, Breeland, Cato, Clyburn,
Davenport, Edge, Harrell, Hawkins, J. Hines, Jennings, Keegan, Kelley, Lee,
Mack, Mason, McCraw, Miller, Neilson, Seithel, R. Smith, Spearman, Whatley and
Witherspoon
A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE
SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS
PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON
THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
03/13/97 House Introduced and read first time HJ-12
03/13/97 House Referred to Committee on Education and Public
Works HJ-12
04/23/97 House Committee report: Favorable with amendment
Education and Public Works HJ-6
04/29/97 House Requests for debate-Rep(s). Young-Brickell,
Tripp, Haskins, Loftis, Altman, Hawkins & Law HJ-64
04/30/97 House Debate adjourned until Wednesday, May 7, 1997 HJ-83
05/07/97 House Requests for debate removed-Rep(s). Hawkins,
Haskins, Altman & Loftis HJ-76
05/07/97 House Requests for debate-Rep(s). Simrill, Kirsh,
Woodrum & J. Brown HJ-78
05/07/97 House Requests for debate removed-Rep(s).
Young-Brickell HJ-78
05/21/97 House Requests for debate removed-Rep(s). Tripp HJ-33
05/22/97 House Requests for debate removed-Rep(s). Woodrum, Law
& J. Brown HJ-41
05/22/97 House Objection by Rep. Young, Hinson & Dantzler HJ-41
05/22/97 House Requests for debate removed-Rep(s). Simrill HJ-86
05/27/97 House Debate adjourned until Wednesday, May 28, 1997 HJ-29
05/28/97 House Recommitted to Committee on Education and Public
Works HJ-39
03/24/98 House Committee report: Favorable with amendment
Education and Public Works HJ-4
03/26/98 House Requests for debate-Rep(s). Beck, R. Smith,
Mason, Davenport, Sharpe, Walker, Littlejohn,
Phillips, Townsend, Martin, Stuart & Loftis HJ-18
03/26/98 House Objection by Rep. Haskins, Tripp, Vaughn, Simrill
& Rice HJ-18
03/31/98 House Member(s) request name removed as sponsor:
Easterday HJ-12, Hamilton HJ-12
03/31/98 House Recommitted to Committee on Education and Public
Works HJ-39
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 24, 1998
H. 3652
Introduced by Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason,
Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw,
Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller,
Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and
Jennings
S. Printed 3/24/98--H.
Read the first time March 13, 1997.
THE COMMITTEE ON EDUCATION AND PUBLIC WORKS
To whom was referred a Bill (H. 3652), to amend Section 59-67-40,
Code of Laws of South Carolina, 1976, relating to the regulation of
school buses, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting:
SECTION 1. Section 59-67-30 of the 1976 Code is amended to
read:
"Section 59-67-30. (A) Every State-owned
school bus while being used in the transportation of school pupils
shall be substantially painted with high visibility yellow paint,
conforming and similar to National School Bus chrome yellow, and
shall display the following markings:
(1) Sides - the words 'SOUTH CAROLINA PUBLIC SCHOOLS'
in not less than four-inch-high letters located
directly under the windows of state-owned or operated school
buses.
(2) Back - The words 'SCHOOL BUS' in letters not less than
eight inches high located between the warning signal lamps.
(3) Front - The words 'SCHOOL BUS' in letters not less than
eight inches high located between the warning signal lamps.
The State Board of Education is hereby authorized to adopt and to
enforce whatever additional regulations regarding the painting and
marking of school buses which it considers necessary and proper.
(B) buses not complying with these requirements must be
painted a color other than yellow and are not entitled to the privileges
and protections of a school bus operating on the highways of this
State. These buses are identified as activity school buses and must
display a decal beside the front entrance door in a location clearly and
plainly visible by a boarding passenger standing on the ground
outside the vehicle. The decal must contain four-inch-high black
letters that state: PURSUANT TO STATE LAW, THIS BUS MAY
NOT MAKE STOPS ON HIGHWAYS TO LOAD OR UNLOAD
PASSENGERS. The decal must be approved and issued by the
department of public safety when the vehicle's license is issued or
renewed. If the vehicle has a government license plate, the decal must
be in place by September 1, 1998. The department of public safety
shall not charge more than one dollar for each decal."
SECTION 2. Section 56-5-190 of the 1976 Code is amended to
read:
"Section 56-5-190. Every motor vehicle that complies with
the color and identification requirements set forth in Section
59-67-30 and State Board of Education Regulations and
Specifications Pertaining to School Buses which is used to transport
children to or from public school or in connection with school
activities, but not including buses operated by common carriers not
exclusively engaged in the transportation of school students and
vehicles having school bus markings temporarily removed or
covered, is a 'school bus'."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-5-195. All students transported in a vehicle
designed or used to transport more than ten passengers, including the
driver, by a school, public or private, must be transported in a school
bus as defined in Section 56-5-190, except that any student may also
ride on an Activity School Bus as provided in Section 59-67-30 (B).
Nothing in this section applies to any vehicle purchased before July
1, 1998. However, all vehicles purchased before July 1, 1998 must be
in full compliance with this section by July 1, 2000. During this
two-year transition period, all vehicles referred to in this section that
are not in compliance must display a decal beside the front entrance
door in a location that is clearly and plainly visible by a boarding
passenger standing on the ground outside the vehicle. The decal must
contain four-inch-high black letters and state: PURSUANT TO
STATE LAW, THIS VEHICLE DOES NOT MEET THE SAFETY
REQUIREMENTS OF A SCHOOL BUS. The decal must be
approved and issued by the Department of Public Safety when the
vehicle's license is issued or renewed. If the vehicle has a
government license plate, the decal must be in place by September 1,
1998. The Department of Public Safety may not charge more than
one dollar per decal."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-5-196. The Department of Transportation shall
notify all registered owners of a bus or van used to transport children
about the provisions contained in sections 59-67-30 and 56-5-195
when the vehicle's license is issued or renewed."
SECTION 5. This act takes effect upon approval by the
Governor, except that Sections 2, 3, and 4 take effect July 1, 1998. /
Renumber sections to conform.
Amend title to conform.
RONALD P. TOWNSEND, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
ESTIMATED FISCAL IMPACT ON GENERAL FUND
EXPENDITURES IS:
Minimal/Costs Can be Absorbed
State Department of Education (SDE):
SDE indicates the cost of implementing the requirements of this
bill would be minimal and can be absorbed. The cost of purchasing
decals for activity buses and non-conforming vehicles would be
minimal since the Department of Public Safety may not charge more
than $1 per decal. In addition, SDE states that non-conforming
vehicles are already in the process of being replaced and represent a
small portion of the fleet.
Department of Public Safety (DPS):
Agency response will be forwarded upon receipt.
SDE does not maintain data related to private school buses which
would also be affected by the requirements of this bill. However,
compliance on the part of private schools would have no impact on
the General Fund of the State.
Approved By:
Frank A. Rainwater
Office of State Budget
STATEMENT OF ESTIMATED FISCAL
IMPACT
This bill, as amended, would increase General Fund "Motor
Vehicle License" revenue by up to $1,000 in FY 1998-99 and
by up to $500 in FY 1999-00.
The bill, as amended, would require activity school buses and
passenger vans transporting public or private school students to have
an identifying decal. The Department of Public Safety will issue the
decals for no more than $1.00. Vehicles with government tags must
affix the decals by September 1, 1998. The appropriate decal must
be placed on all other vehicles when a license plate is issued or
renewed. Passenger vans purchased prior to July 1, 1998, could not
be used to transport students after July 1, 2000.
According to the Dept. Of Education, these requirements would
apply to no more than 500 public school district vehicles. The BEA
estimates that there are approximately 1,000 activity buses and
passenger vans in the State that will be required to buy decals,
prorated at 500 vehicle registrations in FY 1998-99 and FY 1999-00.
Approved By:
William C. Gillespie
Board of Economic Advisors
A BILL
TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE REGULATION OF
SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE
SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL,
SO AS TO REVISE THE PROVISIONS PERTAINING TO
PAINTING, LETTERING, AND USE OF STOP ARMS AND
WARNING LIGHTS ON THESE VEHICLES OWNED AND
OPERATED OR UNDER CONTRACT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 59-67-40 of the 1976 Code is amended to
read:
"Section 59-67-40. (A) All school buses owned
and operated by a private school before July 1, 1998, or
operated under contract for a private school before July 1,
1998, must conform to state laws and regulations of the State
Board of Education with respect to painting, lettering on the front and
rear of the bus, use of stop arm and warning lights for loading and
unloading pupils on the highway, maximum speeds, and
stopping at railroad crossings.
Buses not complying with these requirements shall
must be painted a color other than yellow and shall
are not be entitled to the privileges and protection of
a school bus operating on the highways of this State.
(B) All school buses purchased and operated by a
private school after June 30, 1998, or operated under contract for a
private school after June 30, 1998, must conform to state laws and
regulations of the State Board of Education with respect to painting,
lettering on the front and rear of the bus, use of stop arm and warning
lights for loading and unloading pupils on the highway, maximum
speeds and stopping at railroad crossings.
While all buses purchased and operated by a private school after
June 30, 1998, or operated under contract for a private school after
June 30, 1998, shall conform to state laws and regulations of the State
Board of Education with respect to use of stop arm and warning
lights for loading and unloading pupils on the highway, buses that do
not comply with the requirements regarding painting, lettering on the
front and rear of the bus, maximum speeds and stopping at railroad
crossings must be painted a color other than yellow and are not
entitled to the privileges and protection of a school bus operating on
the highways of this State."
SECTION 2. This act takes effect upon approval by the Governor.
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