Current Status Bill Number:3652 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970313 Primary Sponsor:Beck All Sponsors:Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Edge, Miller, Witherspoon, Boan, Harrell, Mack, Hawkins, Battle and Jennings Drafted Document Number:dka\4198cm.97 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:School buses, private; same equipment and standards as public school buses; Schools and School Districts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980331 Recommitted to Committee 21 HEPW
House 19980331 Co-Sponsor removed (Rule 5.2) by Rep. Easterday
House 19980331 Co-Sponsor removed (Rule 5.2) by Rep. Hamilton
House 19980326 Objection by Representative Haskins
Tripp
Vaughn
Simrill
Rice
House 19980326 Request for debate by Representative Beck
R. Smith
Mason
Davenport
Sharpe
Walker
Littlejohn
Phillips
Townsend
Martin
Stuart
Loftis
House 19980324 Committee report: Favorable with 21 HEPW
amendment
House 19970528 Recommitted to Committee 21 HEPW
House 19970527 Debate adjourned until
Wednesday, 19970528
House 19970522 Request for debate withdrawn
by Representative Simrill
House 19970522 Request for debate by Representative Young
Hinson
Dantzler
House 19970522 Request for debate withdrawn
by Representative Woodrum
Law
J. Brown
House 19970521 Request for debate withdrawn
by Representative Tripp
House 19970507 Request for debate withdrawn
by Representative Young-
Brickell
House 19970507 Request for debate by Representative Simrill
Kirsh
Woodrum
J. Brown
House 19970507 Request for debate withdrawn
by Representative Hawkins
Haskins
Altman
Loftis
House 19970430 Debate adjourned until
Wednesday, 19970507
House 19970429 Request for debate by Representative Young-
Brickell
Tripp
Haskins
Loftis
Altman
Hawkins
Law
House 19970423 Committee report: Favorable with 21 HEPW
amendment
House 19970313 Introduced, read first time, 21 HEPW
referred to Committee
View additional legislative information at the LPITS web site.
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
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.
ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:
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
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
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.