H*3333(Rat #0162, Act #0062 of 2003)  General Bill, By G.M. Smith

Similar(S 357)
 AN ACT TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO
 THE LEGAL PASSING OF A SCHOOL BUS, SO AS TO REVISE THE TYPE OF MARKINGS AND
 VISUAL SIGNALS THAT MUST EQUIP A SCHOOL BUS, TO REVISE THE CIRCUMSTANCES UPON
 WHICH A DRIVER OF A VEHICLE NEED NOT STOP WHEN TRAVELING IN THE OPPOSITE
 DIRECTION OF A SCHOOL BUS, OR OVERTAKE A SCHOOL BUS, TO PROVIDE THAT A SCHOOL
 BUS ROUTE THAT REQUIRES PASSENGERS TO BE LOADED OR OFF-LOADED ALONG A
 MULTI-LANE HIGHWAY OR ROAD MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT
 REQUIRED TO CROSS THE HIGHWAY OR ROAD, AND TO DEFINE THE TERMS MULTI-LANE
 HIGHWAY AND MULTI-LANE PRIVATE ROAD; AND TO AMEND SECTION 56-5-2780, AS
 AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO
 AS TO MAKE A TECHNICAL CHANGE. - ratified title

   01/16/03  House  Introduced and read first time HJ-233
   01/16/03  House  Referred to Committee on Education and Public
                     Works HJ-233
   03/27/03  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-1
   03/31/03         Scrivener's error corrected
   04/02/03  House  Amended HJ-24
   04/02/03  House  Read second time HJ-27
   04/03/03  House  Read third time and sent to Senate HJ-4
   04/03/03         Scrivener's error corrected
   04/08/03  Senate Introduced and read first time SJ-29
   04/08/03  Senate Referred to Committee on Transportation SJ-29
   05/22/03  Senate Committee report: Favorable Transportation SJ-13
   05/29/03  Senate Read second time SJ-65
   05/29/03  Senate Ordered to third reading with notice of
                     amendments SJ-65
   06/03/03  Senate Read third time and enrolled SJ-47
   06/05/03         Ratified R 162
   06/25/03         Signed By Governor
   06/30/03         Copies available
   06/30/03         Effective date 08/01/03
   07/01/03         Act No. 62

(A62, R162, H3333)

AN ACT TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A SCHOOL BUS, SO AS TO REVISE THE TYPE OF MARKINGS AND VISUAL SIGNALS THAT MUST EQUIP A SCHOOL BUS, TO REVISE THE CIRCUMSTANCES UPON WHICH A DRIVER OF A VEHICLE NEED NOT STOP WHEN TRAVELING IN THE OPPOSITE DIRECTION OF A SCHOOL BUS, OR OVERTAKE A SCHOOL BUS, TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE LOADED OR OFF-LOADED ALONG A MULTI-LANE HIGHWAY OR ROAD MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS THE HIGHWAY OR ROAD, AND TO DEFINE THE TERMS MULTI-LANE HIGHWAY AND MULTI-LANE PRIVATE ROAD; AND TO AMEND SECTION 56-5-2780, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO MAKE A TECHNICAL CHANGE.

Be it enacted by the General Assembly of the State of South Carolina:

Passing a school bus

SECTION    1.    Section 56-5-2770 of the 1976 Code is amended to read:

"Section 56-5-2770.    (A)    The driver of a vehicle meeting or overtaking from either direction a school bus stopped on a highway or private road must stop before reaching the bus where there are in operation on the bus flashing red lights specified in State Department of Education Regulations and Specifications Pertaining to School Buses, and the driver must not proceed until the bus resumes motion or the flashing red lights are no longer actuated.

(B)    The driver of a vehicle need not stop upon meeting a stopped school bus when traveling in the opposite direction on a multi-lane highway or multi-lane private road.

(C)    The driver of a vehicle must not overtake a school bus which has amber visual signals actuated.

(D)    A school bus must be equipped with red and amber visual signals meeting the requirements of State Department of Education Regulations and Specifications Pertaining to School Buses, which must be actuated by the driver whenever the bus is stopped or preparing to stop on the highway for the purpose of receiving or discharging school children. A driver must not actuate the special visual signals when the bus is in designated school bus loading or off-loading areas if the bus is off the roadway entirely.

(E)    A school bus must bear upon its front and rear plainly visible signs containing the words 'SCHOOL BUS' in black letters not less than eight inches in height.

(F)    A school bus route that requires passengers to be loaded or off-loaded along a multi-lane highway or multi-lane private road must be designed to ensure that a student is not required to cross a multi-lane highway or multi-lane private road.

(G)    For the purposes of this section a multi-lane highway or multi-lane private road is a highway or private road that consists of four or more traffic lanes, having at least two traffic lanes traveling in each direction."

Penalties

SECTION    2.    Section 56-5-2780 of the 1976 Code, as last amended by Act 348 of 2002, is further 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 complete an appropriate term of community service of not fewer than ten 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 court. 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 dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days.

(B)    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 dollars or more than ten thousand dollars and imprisoned for not less than sixty days or more than one year when great bodily injury results;

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

Savings clause

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    4.    This act takes effect August 1, 2003.

Ratified the 5th day of June, 2003.

Approved the 25th day of June, 2003.