S 1301 Session 111 (1995-1996)
S 1301 General Bill, By Land
Similar(H 4824)
A Bill to amend Section 56-5-2570, Code of Laws of South Carolina, 1976,
relating to parking of an unattended motor vehicle, so as to provide for an
exception for wheelchairs; to amend Section 56-5-2770, relating to signals and
markings on school buses and meeting and passing school buses, so as to
clarify certain references in the Section, and further provide for when a
driver of a school bus need not stop.-short title.
03/27/96 Senate Introduced and read first time SJ-8
03/27/96 Senate Referred to Committee on Transportation SJ-8
A BILL
TO AMEND SECTION 56-5-2570, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PARKING OF AN
UNATTENDED MOTOR VEHICLE, SO AS TO PROVIDE FOR
AN EXCEPTION FOR WHEELCHAIRS; TO AMEND SECTION
56-5-2770, RELATING TO SIGNALS AND MARKINGS ON
SCHOOL BUSES AND MEETING AND PASSING SCHOOL
BUSES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE
SECTION, AND FURTHER PROVIDE FOR WHEN A DRIVER
OF A SCHOOL BUS NEED NOT STOP; TO AMEND SECTION
56-5-4700, RELATING TO REQUIRED EQUIPMENT FOR
EMERGENCY VEHICLES AND SCHOOL BUSES, SO AS TO
FURTHER PROVIDE FOR THIS REQUIRED EQUIPMENT AND
ITS USE; TO AMEND SECTION 59-67-10, RELATING TO THE
DEFINITION OF A SCHOOL BUS, SO AS TO REVISE THIS
DEFINITION; TO AMEND SECTION 59-67-20, AS AMENDED,
RELATING TO REGULATIONS OF THE STATE BOARD OF
EDUCATION GOVERNING DESIGN AND OPERATION OF
SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM
THE DEPARTMENT OF PUBLIC SAFETY TO THE
DEPARTMENT OF EDUCATION; TO AMEND SECTION
59-67-30, RELATING TO PAINTINGS AND MARKINGS OF
SCHOOL BUSES, SO AS TO REQUIRE THESE MARKINGS TO
CONFORM TO SPECIFIED NATIONAL STANDARDS; TO
AMEND SECTION 59-67-50, RELATING TO REMOVAL OF
IDENTIFICATION MARKS FROM FORMER SCHOOL BUSES,
SO AS TO INCREASE PENALTIES FOR VIOLATION; TO
AMEND SECTION 59-67-60, RELATING TO REQUIRED
REPAINTING OF FORMER SCHOOL BUSES IN A COLOR
DIFFERENT THAN YELLOW, SO AS TO INCREASE
PENALTIES FOR VIOLATION; TO AMEND SECTION
59-67-80, RELATING TO WIPERS, BRAKES, LIGHTS, AND
OTHER EQUIPMENT ON SCHOOL BUSES, SO AS TO
FURTHER PROVIDE FOR THIS EQUIPMENT; TO AMEND
SECTION 59-67-100, RELATING TO SEATING SPACE ON
SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THESE
SPACE REQUIREMENTS; TO AMEND SECTION 59-67-110,
RELATING TO EXITS ON SCHOOL BUSES, SO AS TO
PROVIDE THAT EMERGENCY EXITS MUST BE IN
COMPLIANCE WITH SPECIFIED NATIONAL STANDARDS;
TO AMEND SECTION 59-67-150, RELATING TO
QUALIFICATIONS OF SCHOOL BUS DRIVERS AND
PROHIBITED ACTS ON BUSES, SO AS TO FURTHER
PROVIDE FOR THESE QUALIFICATIONS AND TO SPECIFY
THE PERSONS TO WHOM THIS PROHIBITION APPLIES AND
WHERE IT APPLIES; TO AMEND SECTION 59-67-190,
RELATING TO THE PROHIBITION AGAINST A SCHOOL BUS
DRIVER LEAVING THE BUS WHILE THE ENGINE IS
RUNNING, SO AS TO PROVIDE AN EXCEPTION FOR
ASSISTING PERSONS WITH DISABILITIES OR IN
EMERGENCIES; TO AMEND SECTION 59-67-200, RELATING
TO THE REQUIREMENT OF A COMPLETE STOP TO
DISCHARGE PASSENGERS, SO AS TO STIPULATE THE
REQUIREMENTS FOR A COMPLETE STOP AND TO
PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND
SECTION 59-67-210, RELATING TO THE PROHIBITION
AGAINST ONE SCHOOL BUS PASSING ANOTHER, SO AS TO
PERMIT SUCH PASSING ON MULTIPLE-LANE ROADS, TO
AMEND SECTION 59-67-220, RELATING TO THE
PROHIBITION AGAINST FILLING THE GASOLINE TANK OF
A SCHOOL BUS WHILE THE ENGINE IS RUNNING, SO AS
TO CHANGE THE REFERENCE FROM GASOLINE TO FUEL;
TO AMEND SECTION 59-67-230, RELATING TO THE
REQUIREMENT THAT A SCHOOL BUS STOP BEFORE
CROSSING RAILROAD TRACKS, SO AS TO STIPULATE
CERTAIN SITUATIONS WHEN THE SECTION DOES NOT
APPLY; TO AMEND SECTION 59-67-240, RELATING TO
DISCIPLINARY DUTIES OF SCHOOL BUS DRIVERS, SO AS
TO FURTHER PROVIDE FOR THE ADOPTION OF
DISCIPLINARY PROCEDURES; TO AMEND SECTION
59-67-245, RELATING TO INTERFERENCE WITH THE
OPERATION OF SCHOOL BUSES, SO AS TO PROVIDE A
CRIMINAL PENALTY FOR VIOLATIONS; TO AMEND
SECTION 59-67-270, RELATING TO INSPECTION OF SCHOOL
BUSES, SO AS TO AUTHORIZE THE STATE DEPARTMENT
OF EDUCATION AS WELL AS THE HIGHWAY PATROL TO
INSPECT BUSES; TO AMEND SECTION 59-67-280, RELATING
TO PENALTIES FOR VIOLATING CERTAIN SCHOOL BUS
PROVISIONS, SO AS TO INCREASE SUCH PENALTIES; TO
AMEND SECTION 59-67-290, RELATING TO NEGLIGENCE
OF SCHOOL BUS DRIVERS NOT BEING IMPUTABLE TO
PASSENGERS, SO AS TO REQUIRE SUCH DRIVERS TO
COMPLY WITH ALL DEPARTMENT OF EDUCATION
REGULATIONS; TO AMEND SECTION 59-67-410, RELATING
TO CONTROL BY THE STATE BOARD OF EDUCATION OF
SCHOOL BUS TRANSPORTATION, SO AS TO DELEGATE TO
THE DEPARTMENT OF EDUCATION THE POLICY
AUTHORITY OVER SCHOOL BUS TRANSPORTATION; TO
AMEND SECTION 59-67-420, AS AMENDED, RELATING TO
THE EXTENT OF SCHOOL TRANSPORTATION PROVIDED,
SO AS TO REVISE THESE TRANSPORTATION
OBLIGATIONS THE STATE ASSUMES AND TO REVISE
OTHER PROVISIONS RELATING TO TRANSPORTATION OF
CHILDREN INCLUDING MAXIMUM TIME LIMITS ON
SCHOOL BUS RIDES; TO AMEND SECTION 59-67-425,
RELATING TO TRANSPORTATION OF CHILDREN
ATTENDING KINDERGARTEN, SO AS TO FURTHER
PROVIDE FOR THE CHILDREN WHO MAY BE
TRANSPORTED AND CONDITIONS TO WHICH AND UNDER
WHICH THIS SECTION APPLIES; TO AMEND SECTION
59-67-460, RELATING TO CONTRACTS FOR
TRANSPORTATION SERVICES WITH PRIVATE PERSONS, SO
AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH
THESE CONTRACTS MAY BE ISSUED AND THE COSTS OF
SUCH TRANSPORTATION; TO AMEND SECTION 59-67-470,
RELATING TO THE SELECTION, ELIGIBILITY, AND
TRAINING OF SCHOOL BUS DRIVERS, SO AS TO FURTHER
PROVIDE FOR THIS SELECTION, ELIGIBILITY, AND
TRAINING AND TO PROVIDE PENALTIES FOR VIOLATIONS
OF THE SECTION; TO AMEND SECTION 59-67-480,
RELATING TO SALARIES OF SCHOOL BUS DRIVERS, SO AS
TO PROVIDE THAT THE DEPARTMENT OF EDUCATION
SHALL ESTABLISH A SALARY SCHEDULE FOR SCHOOL
BUS DRIVERS; TO AMEND SECTION 59-67-490, RELATING
TO SCHOOL BUS ROUTES OF STATE-OWNED BUSES, SO
AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION
SHALL APPROVE THE ROUTES; TO AMEND SECTION
59-67-500, RELATING TO SCHOOL BUS ROUTES OF
LOCALLY-OWNED BUSES, SO AS TO CHANGE A
REFERENCE FROM THE STATE BOARD OF EDUCATION TO
THE STATE DEPARTMENT OF EDUCATION; TO AMEND
SECTION 59-67-510, RELATING TO THE USE OF
TRANSPORTATION EQUIPMENT FOR SPECIAL EVENTS, SO
AS TO CLARIFY AND REVISE CERTAIN TERMS AND
REFERENCES; TO AMEND SECTION 59-67-520, RELATING
TO TRANSPORTATION OF HANDICAPPED STUDENTS, SO
AS TO CHANGE REFERENCES FROM HANDICAPPED
PERSONS TO PERSONS WITH DISABILITIES; TO AMEND
SECTION 59-67-535, RELATING TO USE OF BOATS
OPERATED BY THE DEPARTMENT OF EDUCATION TO
TRANSPORT BLIND, ELDERLY, OR DISABLED PERSONS,
SO AS TO CLARIFY REFERENCES THEREIN AND THE
MANNER IN WHICH SUCH BOATS MAY BE USED FOR
THESE PURPOSES; TO AMEND SECTION 59-67-540, AS
AMENDED, RELATING TO MAINTENANCE OF
STATE-OWNED BUSES, SO AS TO FURTHER PROVIDE FOR
THIS MAINTENANCE TO BE THE RESPONSIBILITY OF THE
STATE DEPARTMENT OF EDUCATION; TO AMEND
SECTION 59-67-550, RELATING TO INSTALLMENT
PURCHASES OF SCHOOL BUS MAINTENANCE SHOPS, SO
AS TO TRANSFER RESPONSIBILITIES UNDER THE
SECTION FROM THE STATE BOARD OF EDUCATION TO
THE STATE DEPARTMENT OF EDUCATION; TO AMEND
SECTION 59-67-570, AS AMENDED, RELATING TO STATE
BOARD OF EDUCATION REGULATIONS PERTAINING TO
SCHOOL TRANSPORTATION, SO AS TO DELETE CERTAIN
REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY;
TO AMEND SECTION 59-67-720, RELATING TO INSURANCE
PREMIUMS ON STATE-OWNED SCHOOL BUSES, SO AS TO
CHANGE A REFERENCE FROM THE STATE BOARD OF
EDUCATION TO THE STATE DEPARTMENT OF
EDUCATION; AND TO REPEAL SECTIONS 59-67-70, 59-67-90,
59-67-120, 59-67-250, 59-67-260, 59-67-440, 59-67-450, AND
59-67-530 RELATING TO SCHOOL BUSES AND
TRANSPORTATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-5-2570 of the 1976 Code is amended
to read:
"Section 56-5-2570. No person driving or in charge of a
motor vehicle shall permit it to stand unattended without first
stopping the engine, locking the ignition, removing the key,
and effectively setting the brake thereon and, when standing
upon any a grade, turning the front wheels to the
curb or side of the highway. However, the operation of a
wheelchair lift and the assistance of the wheelchair passenger in the
immediate environment of the motor vehicle may not be interpreted
as standing unattended for purposes of stopping the engine, locking
the ignition, and removing the key."
SECTION 2. 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 any a school bus
stopped on the highway shall 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 shall not proceed until
the bus resumes motion or the flashing red lights are no longer
actuated.
(b) Every school bus shall must be equipped
with red or red and amber visual signals meeting the requirements
of State Department of Education Regulations and Specifications
Pertaining to School Buses, which may be actuated by the driver
whenever, but only whenever, the bus is stopped or preparing to
stop on the highway for the purpose of receiving or discharging
school children. A driver shall not actuate the special visual signal
in designated school bus loading areas if the bus is entirely off the
roadway.
(c) Every school bus shall bear upon its front and rear plainly
visible signs containing the words `SCHOOL BUS' in letters not
less than eight inches in height. When a bus is being operated upon
a highway for purposes other than the actual transportation of
children either to or from school or school related the
transportation of individuals for school-sponsored activities, all
markings indicating `SCHOOL BUS' shall must be
covered or concealed.
(d) The driver of a vehicle need not stop upon meeting a
stopped school bus:
1. When the bus is in a passenger loading zone completely
off the main travel lanes and when pedestrians are not allowed to
cross the roadway.
2. On a four-lane or multi-lane highways where the
roadways are separated by an a wide earth or
grass median or a raised concrete median
barrier.
(e) The driver of a vehicle must stop upon meeting or
passing approaching a stopped school bus:
1. on any a two-lane
highway.;
2. on any a four-lane or multi-laned highway
where opposing highway is separated only by painted lines on the
roadway or a narrow gravel or hard-surfaced
median.; or
3. when overtaking a school bus which has red or amber
signals actuated."
SECTION 3. Section 56-5-4700 of the 1976 Code is amended
to read:
"Section 56-5-4700. (a) Every authorized emergency
vehicle shall, in addition to any other equipment and
distinctive markings required by this chapter, must be
equipped with a siren, exhaust whistle, or bell capable of
giving an audible signal.
(b) Every school bus and every authorized emergency vehicle
shall, in addition to any other equipment and distinctive
markings required by this chapter, must be equipped with
signal lamps mounted as high and as widely spaced laterally as
practicable, which shall be capable of displaying to the front two
alternately flashing red lights located at the same level and to the
rear two alternately flashing red lights located at the same level, and
these lights shall have sufficient intensity to be visible at five
hundred feet in normal sunlight. Provided, that vehicles of any fire
department or funeral home when equipped with a mounted,
oscillating, rotating, or flashing red light, visible in all
directions for a distance of five hundred feet in normal sunlight,
shall are not be required to have additional
signal lamps.
(c) A police vehicle when used as an authorized emergency
vehicle may but need not be equipped with alternately flashing red
lights as specified herein. Also, such vehicle may in lieu of the
alternately flashing red lights be equipped with a special
dome-mounted oscillating, rotating, or flashing red or blue light
visible from a distance of five hundred feet to the front in normal
sunlight; provided, that it shall be unlawful for any
a person to possess any a flashing,
oscillating or rotating blue light on any a vehicle
except one used primarily for law enforcement purposes.
Provided, further, that after January 1, 1967, all
All police vehicles when used as an authorized
emergency vehicle shall then vehicles must be
equipped with dome-mounted, oscillating, rotating, or
flashing blue lights visible from a distance of five hundred feet.
(d) The alternately flashing lighting described in subsection (b)
of this section shall may not be used on any
a vehicle other than an authorized emergency vehicle.
Provided, that However, a school bus may use the
alternately flashing red lighting described in subsection (b), or
red flashing lights in the rear and amber flashing lights in the
front.
(e) The use of the signal equipment described herein shall
impose imposes upon drivers of other vehicles the
obligation to yield right-of-way and stop as prescribed in Sections
56-5-2360 and 56-5-2770."
SECTION 4. Section 59-67-10 of the 1976 Code is amended to
read:
"Section 59-67-10. When used in this article, `school bus
'shall be construed to mean every means a vehicle as
defined in Section 56-5-190. Every motor vehicle owned by a
public or governmental agency and operated for the transportation
of children to or from school and school-related activities
or privately owned and operated for compensation for the
transportation of children to or from school and school-related
activities."
SECTION 5. Section 59-67-20 of the 1976 Code, as last
amended by Section 1545 of Act 181 of 1993, is further amended
to read:
"Section 59-67-20. The State Board of Education, by and
with the advice of the Department of Public Safety
Education, shall adopt and enforce regulations not
inconsistent with Chapter 5 of Title 56 to govern the design and
operation of all school buses used for the transportation of school
children when owned and operated by any a school
district or privately owned and operated under contract with
any a school district in this State, and
such the regulations shall by reference
shall be made a part of any such the
contract with a school district. Every school district, its
officers, and employees, and every person employed under
contract by a school district shall be is subject to
such the regulations. Any An
officer or employee of any a school district who
violates any of such the regulations or fails to
include the obligation to comply with such the
regulations in any a contract executed by him on
behalf of a school district shall be is guilty of
misconduct and subject to removal may be removed
from office or employment. Any A person
operating a school bus under contract with a school district who
fails to comply with any such the regulations
shall be is guilty of breach of contract and
such the contract shall be canceled after notice and
hearing by the responsible officers of such the
school district."
SECTION 6. Section 59-67-30 of the 1976 Code is amended to
read:
"Section 59-67-30. Every state-owned school bus
while being used in the transportation of school pupils shall
must be substantially painted with high visibility yellow
paint, conforming and similar to National School Bus chrome
yellow, and shall display the following markings:
conforming with the National School Bus Standards and
(1) Sides-The the words `SOUTH CAROLINA
PUBLIC SCHOOLS' in not less than four inch
four-inch high letters located directly under the windows.
(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 color and marking
standards as adopted by the National School Bus Standards and
additional regulations regarding the painting and marking of
school buses which they may deem be
necessary and proper."
SECTION 7. Section 59-67-50 of the 1976 Code is amended to
read:
"Section 59-67-50. All school buses in this State, when
no longer used for school purposes and sold to any
a person for private or public use, must have all marks of
identification showing that these buses were used by schools and
school districts removed before private or public use may be made
of them. Any person violating the provisions of this section shall
be is guilty of a misdemeanor and, upon conviction, is
subject to a fine not exceeding twenty-five of one
hundred dollars or imprisonment upon the public works of
the county in which the offense is committed for a period
of not more than thirty days."
SECTION 8. Section 59-67-60 of the 1976 Code is amended to
read:
"Section 59-67-60. Any A person who
purchases a used school bus to be used for a purpose
other than a school bus must shall paint it a
color other than yellow before operating such the
bus on the highway. Any A person violating the
provisions of this section shall be is guilty of a
misdemeanor and, upon conviction, shall must be
fined not more than one two hundred dollars or
imprisoned for not more than thirty days, or both, in the discretion
of the court."
SECTION 9. Section 59-67-80 of the 1976 Code is amended to
read:
"Section 59-67-80. Every school bus shall
must be equipped with a power-driven windshield wiper,
adequate brakes, and efficient lights which shall at
all times when in use must be in good working order and
also with a rear view mirror or mirrors of such dimensions as will
enable the driver, from the driver's seat, to see reflected in them not
only the occupants of the vehicle but also the road to the left and to
the rear of the vehicle for a proper distance adequately to observe
traffic in his rear. The mirror reflection also must give a view
of the front and sides of the vehicle to observe pedestrian
movement and must comply with the appropriate federal motor
vehicle safety standard."
SECTION 10. Section 59-67-100 of the 1976 Code is amended
to read:
"Section 59-67-100. Sufficient seating space shall be
provided so far as practicable for each passenger transported inside
each school bus, no aisle in the school bus shall be less than twelve
inches in width and all seats shall be securely fastened to the floor
or body of the vehicle. All pupils passengers must
be within the body of the bus at all times while the bus is in
motion. They shall not be permitted to ride on the running
boards or in any other place outside the bus, nor shall
they be permitted to ride with heads or arms protruding through
open windows. Commencing with the 1974-75 school year,
the The number of pupils passengers
transported on a school bus shall not exceed by more than ten
percent the manufacturer's rated seating capacity of such
the bus.; and by the school year 1975-76,
seating space shall be provided for each pupil transported.
Provided, however, that a A limited number of standees
over the vehicle's rated seating capacity may be permitted
until the bus routes can be adjusted to accommodate the
overload but the overloading that occurs in relation to the
implementation of new routes and schedules. The overloading
must not to exceed twenty school days."
SECTION 11. Section 59-67-110 of the 1976 Code is amended
to read:
"Section 59-67-110. Every school bus shall be provided
with a front entrance-exit on the right side of the vehicle and a
rear an additional emergency exit or door,
conspicuously marked on the inside `emergency door` and equipped
with a fastening device capable of quickly being
quickly released in emergency but entirely safe from
accidental opening upon the application of any pressure from within
the bus. Except in the event of an emergency, no person shall be
allowed to enter or leave the bus by any other than the front
entrance-exit. The emergency exit standards of this State shall
be in compliance with the appropriate federal motor vehicle safety
standards."
SECTION 12. Section 59-67-150 of the 1976 Code is amended
to read:
"Section 59-67-150. The driver of each a
school bus must be an experienced driver of good moral habits,
be able to perform all emergency evacuation duties, and
neither he nor any pupil nor any other person
passenger shall use alcoholic liquors or smoke any cigar,
cigarette, pipe, tobacco, or other substance in or near
the such vehicle during the time he is operating the
same as a school bus."
SECTION 13. Section 59-67-190 of the 1976 Code is amended
to read:
"Section 59-67-190. No driver or operator of a school bus
shall leave the bus while the engine is running or while
passengers remain on the bus except when assisting in the loading
and unloading of passengers with disabilities or in circumstances
considered emergencies."
SECTION 14. Section 59-67-200 of the 1976 Code is amended
to read:
"Section 59-67-200. Each A school bus
must come to a complete stop with clutch disengaged
transmission in neutral, hand brake engaged, and all lighting
and traffic control devices activated as specified in Section
56-5-2770 before any a passenger is permitted
to alight or enter. A person violating the provisions of this
section is guilty of a misdemeanor and, upon conviction, must be
fined not more than two hundred dollars or imprisoned for not more
than sixty days."
SECTION 15. Section 59-67-210 of the 1976 Code is amended
to read:
"Section 59-67-210. It shall be is unlawful
for any a person operating a school bus on a
two-lane highway to pass another school bus unless the lead
bus is in a stopped position, and the driver of the lead bus
has signalled signals to the operator of the bus in
the rear that it is safe to pass or one of the buses is in a
designated turn lane. Any A person violating
the provisions of this section shall be is guilty of a
misdemeanor and, upon conviction, shall must be
fined the sum of one hundred dollars or be
imprisoned for a term of thirty days."
SECTION 16. Section 59-67-220 of the 1976 Code is amended
to read:
"Section 59-67-220. No gasoline fuel tank
on or in any a vehicle used as a school bus shall be
filled while the engine is running or, except in an emergency, when
there are pupils passengers in the bus."
SECTION 17. Section 59-67-230 of the 1976 Code is amended
to read:
"Section 59-67-230. The operator of any a
school bus shall, before crossing at grade any
the tracks of any a railroad, shall
bring his the vehicle to a full and complete
stop within not less than fifteen feet nor more than fifty feet
from the rail of the track nearest to the front of such
the vehicle and shall, after such stop
stopping, ascertain if it is safe to proceed before crossing
such the tracks. This section does not apply to a
railroad grade crossing where traffic is controlled by police or other
law enforcement officers. If a section of railroad track has been
removed on both sides of the railroad grade crossing, the railroad
track is considered not operational, and this section does not
apply."
SECTION 18. Section 59-67-240 of the 1976 Code is amended
to read:
"Section 59-67-240. The driver of each a
school bus shall cooperate with the teachers in their work in the
school to which he is transporting pupils by being on time in the
mornings and waiting in the afternoons until all his
the pupils are dismissed by the school faculty and safely
aboard his the bus. He also shall take particular
notice along his route in the mornings and give pupils within sight
a reasonable time in which to board his the bus.
The driver shall be is responsible for maintaining
good conduct upon his the bus and shall report
promptly to the governing head of the school to or from which the
pupils are transported any misconduct or any violation of the
driver's instructions by any a person riding in his
bus.
District boards of school trustees in this State may
authorize The school district governing body shall adopt
disciplinary procedures authorizing school administrators to
suspend or expel pupils from riding a school bus for misconduct on
the bus or for violating instructions of the driver."
SECTION 19. Section 59-67-245 of the 1976 Code is amended
to read:
"Section 59-67-245. No person shall wilfully and
wrongfully interfere with the operation of a school bus, either
public or private, by boarding, restricting movement, or
using threats, either physical or verbal, to the driver or any
a passenger while the bus is engaged in the transportation
of pupils to and from school or any lawful school activity or while
passengers are entering or leaving the bus nor shall any
a person wilfully fail or refuse to obey a lawful order of a
school bus driver relating to the occupancy of a school bus. The use
of threatening, obscene, or profane language addressed to
the driver or any a passenger entering,
leaving, or waiting for a school bus is disorderly conduct
and any a person convicted for the use of such
language shall be punished as provided in Section 16-17-530.
Nothing contained herein shall be interpreted to infringe upon the
power and duties of duly constituted authorities. A person
violating the provisions of this section is guilty of a misdemeanor
and, upon conviction, must be fined not more than two hundred
dollars or imprisoned for not more than sixty days."
SECTION 20. Section 59-67-270 of the 1976 Code is amended
to read:
"Section 59-67-270. All school buses shall be
are subject to inspection at any time or place by officers of
the State Highway Patrol Division or inspection
forces and State Department of Education. No school
bus shall continue in operation in the transportation of pupils when
found to be unsafe until the unsafe conditions disclosed by
such the inspection shall have been
corrected."
SECTION 21. Section 59-67-280 of the 1976 Code is amended
to read:
"Section 59-67-280. The doing of anything prohibited
by A person who violates the provisions of this article
or failing to do anything required by this article shall be
is guilty of a misdemeanor, punishable and
upon conviction must be punished by a fine of not less than
five dollars nor more than one two hundred dollars
or by imprisonment in the county jail for not less
than five nor more than thirty sixty days."
SECTION 22. Section 59-67-290 of the 1976 Code is amended
to read:
"Section 59-67-290. The negligence or carelessness of the
driver of any a motor-driven vehicle used for the
transportation of children to and from school shall not be
imputed to attributed to the passengers on
such the vehicle. The driver of any
motor-driven vehicle used for the transportation of children to and
from school shall comply with all regulations adopted by the
Department of Education."
SECTION 23. Section 59-67-410 of the 1976 Code is amended
to read:
"Section 59-67-410. The control and policies
and regulations controlling the management of all school bus
transportation in the State shall be is vested in the
State Board of Education. It is the responsibility of the
Department of Education to implement and enforce the policies and
regulations adopted by the State Board of Education."
SECTION 24. Section 59-67-420 of the 1976 Code, as last
amended by Act 532 of 1988, is further amended to read:
"Section 59-67-420. The State, acting through the State
Board of Education, assumes no obligation to transport any
a child to or from school who lives within one and one-half
miles of the school he attends, nor to provide transportation services
extending within a one-half mile radius of the residence of
any a child, nor to furnish transportation for
any a child who attends a grade in a school outside
the pupil's district when the same grade is taught in an appropriate
school that is located within the school district in which the pupil
lives. The cost of transporting pupils to regularly organized
instructional classes in the district or attendance area for
which school credit is given must be borne by the State. The cost of
transportation for new programs conducted by the school districts
must be borne by the school district until such time as the program
is approved adopted as a statewide program by the
State Board of Education and adequate funding for the cost of
transportation for the programs is arranged.
The State may assume the obligation of transporting students
living within one and one-half miles of their schools and within
a one-half mile radius of their residences when it is
for the health and safety of the children where hazardous
conditions are involved. In these cases, the local school district
may apply in writing to the State Department of Education for the
department to assume the financial responsibility for this
transportation for the health and safety of the children involved.
In its application, local school districts shall assign priority to its
requests for transportation on the basis of children's ages, with the
youngest children subject to hazardous conditions receiving the
highest priorities. After examining the request, the state department
shall render a decision on each application based on the location of
the schools in relation to students' homes, the traffic patterns on
adjacent roads, the existence of sidewalks, children's ages, and
other factors considered pertinent. The state department shall not
approve local district applications that have not assigned priority on
the basis of children's ages, with the youngest children receiving
highest priority. Hazardous criteria shall be established by
the school district governing body and shall respond to highway and
highway-related traffic hazards. The districts shall weigh the need
for the state hazardous transportation funds by giving priority to
children that are least familiar with traffic movement and the
complexity of the traffic hazard. The Department of Education
shall equitably allocate funds to the district for hazardous
transportation. The department shall receive each district's
applications for transportation within a hazardous area and apply
these against the district's allocation until available funds are
exhausted.
Regardless of the provisions of distance criteria stated
in the first paragraph of this section, the State shall transport
and bear the cost of transporting five-year-old children
attending public school kindergarten programs to and from
their residences at the conclusion of a morning kindergarten
session and from their residences to an afternoon kindergarten
session or other designated locations.
Notwithstanding the above provisions of this section, the
State may assume the obligation of transporting students to
contiguous school districts when it is in the financial best interest of
the State to do so. The State also shall route buses over the most
efficient routes over adequately maintained public and private
accessible highways and streets to provide service within two-tenths
mile of each child in grades K-5. No student shall ride
continuously on a bus for more than one hour and fifteen minutes,
and the number of students assigned to a bus shall not be greater
than the manufacturer certified seating capacity. The one hour and
fifteen minute ride maximum may exceed the length of time in
unusual rural geographic situations."
SECTION 25. Section 59-67-425 of the 1976 Code is amended
to read:
"Section 59-67-425. Three, or four, or
five-year old children attending public school-sponsored
kindergarten or child development programs must be permitted to
ride state-owned buses to the extent funds are made available by the
General Assembly or as long as transportation services may be
provided at no additional cost to the State."
SECTION 26. Section 59-67-460 of the 1976 Code is amended
to read:
"Section 59-67-460. Any county school
district board of education trustees may at any
time contract for any part or all of its transportation services with
private individuals or contractors for the furnishing of such services.
In any such instance the county school district
board of education trustees shall execute the
contracts. The county school district board of
trustees shall be responsible for the payment of all sums due
under contracts so entered into and shall receive.
State aid from the State for pupils thus
transported only on the basis of shall be based on
the average per statewide cost of a pupil
operating cost of transported on a state-owned
equipment school bus for the current year as
determined by the State Board Department of
Education. The average pupil transportation cost shall be based
on the most recent year cost data and contain only those elements
of the cost for which the school district is contracting.
The contracting for school boat transportation is based on the
state's average hourly cost of transportation by boat. Per hour
transportation cost by boat is based on the most recent expenditure
data.
The Board State Department of Education may
enter into agreements with county school district
boards of education whereby pupils living in isolated areas may
be transported trustees to transport pupils by special
arrangements when such transportation can be provided at lower
cost than by operating a regular bus route."
SECTION 27. Section 59-67-470 of the 1976 Code is amended
to read:
"Section 59-67-470. The school bus drivers, whether
students or adults, shall be selected and employed by the
respective boards of trustees governing body of the
school districts, subject to the approval of the respective county
boards of education. No person under sixteen
eighteen years of age shall be eligible for consideration as a
bus driver. Before being employed, all prospective drivers shall be
examined by the State Board Department of
Education or its agent to determine their competency. The
State Board Department of Education shall provide
a rigid school bus driver training structure course and issue
special `school bus driver's certificates' to successful candidates. No
person shall be authorized to drive a school bus in this State
transporting children, whether the bus be owned by the State, by a
local school agency, or by a private contractor, who has not been so
certified by the State Board Department of
Education. All school bus driver certificates shall be renewed every
three four years. Drivers who have certificates
issued prior to September 1962, must enroll and satisfactorily
complete bus driver training courses prior to September 1965, and
each three years thereafter. Local school district
superintendents shall supervise the conduct of pupils being
transported and of school bus drivers. When any a
person is relieved of his duties as a bus driver, for just cause,
by the local school superintendent, shall
require the driver is to turn in his school bus driver
certificate to which shall be forwarded the district
superintendent. The superintendent is to forward the certificate
to the State Board Department of Education.
A school bus operator who violates the provisions of this
section is guilty of a misdemeanor and, upon conviction, must be
fined not more than two hundred dollars or imprisoned not more
than sixty days. A certificate may be reissued to such a driver
at a later date upon approval of by the local
district superintendent and the State Board
Department of Education. The provisions of this section
shall not apply to private schools."
SECTION 28. Section 59-67-480 of the 1976 Code is amended
to read:
"Section 59-67-480. Salaries of The salary
schedule for school bus drivers of state-owned buses shall be
established by the State Department of Education. The rate of
pay shall be determined by the appropriation fixed annually by
the General Assembly."
SECTION 29. Section 59-67-490 of the 1976 Code is amended
to read:
"Section 59-67-490. The school district boards of
trustees of each district shall make a thorough study of
transportation needs each school year, and shall submit
proposed safe and efficient route descriptions
and schedules in accordance with the limitations of Section
59-67-420 and approved by county school authorities
annually to the State Board Department of
Education annually. All The efficiency and
effectiveness of all routes served by state-owned equipment
shall be is subject to the approval of the Board
and the local board of trustees; no State Department of
Education. No such equipment shall be operated
supported by state funds except upon routes so
approved."
SECTION 30. Section 59-67-500 of the 1976 Code is amended
to read:
"Section 59-67-500. The Board State
Department of Education shall have no jurisdiction over the
routing of buses owned and operated by local school
agencies districts either directly or by
contract."
SECTION 31. Section 59-67-510 of the 1976 Code is amended
to read:
"Section 59-67-510. County boards of education
The school district board may permit the use of school bus
equipment for transportation in connection with athletic events,
boys' and girls' clubs extracurricular programs,
special events in connection with the schools, and such
other educational purposes as may appear proper to the respective
boards."
SECTION 32. Section 59-67-520 of the 1976 Code is amended
to read:
"Section 59-67-520. Notwithstanding the provisions of
Sections 59-33-50, 59-67-420, and 59-67-510, the State
Department of Education shall have the responsibility for
transporting handicapped persons with disabilities of
lawful school age to and from the nearest school in which a
handicapped that pupil with a disability receives
instruction has been duly assigned. Additionally, when a
school district is providing classes for handicapped persons
with disabilities between the ages of five
three and twenty-one years at the same location where
classes and programs are provided for handicapped persons
with disabilities under age five and over age
twenty-one, and when a cost reduction will result, the department
may enter into a reciprocal agreement with the facility whereby
certain handicapped persons with disabilities
between the ages of five three and twenty-one years
may be transported on buses not owned by the department and
certain handicapped persons with disabilities
under age five and over age twenty-one may be transported
on department-owned buses."
SECTION 33. Section 59-67-535 of the 1976 Code is amended
to read:
"Section 59-67-535. Boats operated by the State
Department of Education for transportation of school children from
islands to mainland schools may also be used to transport on
regular routes, on a space available basis only, any South
Carolina resident who is over fifty-five years of age or disabled or
legally blind as defined in Section 43-25-20 of the 1976
Code. A person requesting boat transportation shall present his
medicare card or other card approved by the South Carolina
Commission Division on Aging to the employee of the
State Department of Education school district who
is in charge of the particular boat, and a person who is disabled or
legally blind shall present to such person in charge of the boat a
certificate to that effect from a licensed doctor of medicine or an
official of an agency authorized by law to make determinations of
disability or blindness.
The term `disabled' as used herein shall mean the inability to
perform substantial gainful employment by reason of a
medically-determinable impairment, either physical or mental,
which has lasted or is expected to last for a continuous period of
twelve months or more.
Use of such boats by residents who are over fifty-five years of
age or who are disabled or blind shall be only on a space available
basis and only at such time as the boat is being
otherwise operated on official business its regular
school routes. School children shall in every case be given
priority of carriage. Provided, that special trips on such boats may
be approved by the County Board of State Department
of Education, in which case all costs shall be borne by the
users school district.
Any A person authorized for transportation
pursuant to the provisions of this section shall, prior to
boarding, shall execute a `covenant not to sue' the State of
South Carolina or any an agency thereof, on a form
approved by the State Department of Education.
Nothing in this section shall be construed as a waiver of the
state's general immunity from liability and suit.
The benefits provided by the provisions of Article 3, Chapter 77
of Title 15 and Article 5, Chapter 67 of Title 59 shall not be
available to persons authorized to be transported pursuant to the
provisions of this section."
SECTION 34. Section 59-67-540 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 59-67-540. The State Department of
Education has the authority to establish and operate maintenance
and supply stations and to acquire real property by purchase or
lease for these stations. The State Department of
Transportation Education shall be responsible for
providing all supplies required for the operation of state-owned
school buses and for maintaining them in efficient and safe
mechanical condition. The Department shall be reimbursed
periodically by the State Board of Education for expenditures
incident to the operation and maintenance of buses, but no charge
by, or reimbursement to, the Department of Transportation shall be
made except to cover direct and additional expenses incurred by the
department on account of the performance of this service. Provided,
however, that the Board of Education shall have authority to
establish and operate maintenance and supply stations, on an
experimental or permanent basis, if it should be determined to be of
advantage to the State, and in connection therewith to acquire real
property by purchase or lease."
SECTION 35. Section 59-67-550 of the 1976 Code is amended
to read:
"Section 59-67-550. The State Board
Department of Education is authorized to enter into an
instalment installment payment agreement with any
political subdivision offering to convey real property to the
Board department for use as a school bus
maintenance shop,. whereby payments
Payments for such the property may be
extended over a period of not more than ten years."
SECTION 36. Section 59-67-570 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 59-67-570. The State Board of Education may
adopt such rules and regulations as may be necessary
to carry out the intent and purposes of this article. Such rules
and The regulations shall have the full force and effect
of law. But rules and regulations that affect the functions of the
Department of Public Safety under this article or the operation of
buses on the highways shall be adopted only jointly with the
Department of Public Safety."
SECTION 37. Section 59-67-720 of the 1976 Code is amended
to read:
"Section 59-67-720. The premiums on all insurance
contracts procured under the authority of Section 59-67-710 shall be
paid out of the annual appropriation for transportation operated by
the State Board Department of Education. Such
premiums shall be considered a part of the general expenses of
operating school bus transportation."
SECTION 38. Sections 59-67-70, 59-67-90, 59-67-120,
59-67-250, 59-67-260, 59-67-440, 59-67-450, and 59-67-530 of the
1976 Code are repealed.
SECTION 39. This act takes effect upon approval by the
Governor.
-----XX----- |