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3300Ratification Number: 338Act Number: 301Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990119Primary Sponsor: BeckAll Sponsors: Beck, Mason, R. Smith, Lourie, J. Smith, Jennings, Emory, Howard, SeithelDrafted Document Number: l:\council\bills\ggs\22093cm99.docDate Bill Passed both Bodies: 20000516Date of Last Amendment: 20000405Governor's Action: SDate of Governor's Action: 20000526Subject: School, activity bus; public or private; federal safety standard for transporting students, School District, Jacob's LawHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000606 Act No. A301 ------ 20000526 Signed by Governor ------ 20000523 Ratified R338 Senate 20000516 Read third time, enrolled for ratification Senate 20000509 Read second time, notice of general amendments Senate 20000504 Committee report: Favorable 15 ST Senate 20000406 Introduced, read first time, 15 ST referred to Committee House 20000406 Read third time, sent to Senate ------ 20000406 Scrivener's error corrected House 20000405 Amended, read second time House 20000404 Co-Sponsor added (Rule 5.2) by Rep. Seithel House 20000328 Request for debate by Representative Loftis Cato R. Smith Robinson Simrill Sheheen Law Bales Hayes House 20000323 Debate adjourned until Tuesday, 20000328 House 20000314 Committee report: Favorable with 21 HEPW amendment House 19990224 Co-Sponsor added (Rule 5.2) by Rep. Emory Howard House 19990218 Co-Sponsor added (Rule 5.2) by Rep. Jennings House 19990202 Co-Sponsor added (Rule 5.2) by Rep. Lourie J. Smith House 19990119 Introduced, read first time, 21 HEPW referred to Committee Versions of This Bill Revised on March 14, 2000 - Word format Revised on April 5, 2000 - Word format Revised on April 6, 2000 - Word format Revised on May 4, 2000 - Word format
(A301, R338, H3300)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-195 SO AS TO PROVIDE THAT ANY ENTITY TRANSPORTING PREPRIMARY, PRIMARY, OR SECONDARY SCHOOL STUDENTS TO OR FROM CERTAIN LOCATIONS, AND UTILIZING A SCHOOL BUS, MUST TRANSPORT THESE STUDENTS IN VEHICLES THAT MEET CERTAIN SCHOOL BUS SAFETY STANDARDS BY A CERTAIN DATE, TO PROVIDE THAT THIS PROVISION DOES NOT PROHIBIT THE TRANSPORTATION OF CHILDREN TO OR FROM A CHILD CARE FACILITY IN NONCONFORMING VEHICLES BY A STATE HUMAN SERVICE PROVIDER OR PUBLIC TRANSPORTATION AUTHORITY AS LONG AS EACH CHILD IS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN WHOSE TRANSPORTATION IS IN CONNECTION WITH HIS WORK, EDUCATION, OR TRAINING, TO PROVIDE THAT ANY ENTITY CONTAINED IN THIS PROVISION MAY PURCHASE VEHICLES THAT CONFORM TO THIS PROVISION UNDER CERTAIN STATE CONTRACTS TO FACILITATE COMPLIANCE WITH THESE PROVISIONS, AND TO PROVIDE THAT THIS PROVISION PROHIBITS THE TRANSPORTATION OF STUDENTS BY CERTAIN COMMON CARRIERS OR OTHER ENTITIES AS LONG AS THE MOTOR CARRIAGE USED BY THE COMMON CARRIER OR ENTITY IS DESIGNED TO CARRY THIRTY OR MORE PASSENGERS; AND BY ADDING SECTION 56-5-196 SO AS TO PROVIDE THAT PARENTS OR LEGAL GUARDIANS OF A STUDENT WHO IS ELIGIBLE TO RECEIVE PUBLIC SCHOOL BUS TRANSPORTATION MUST HAVE THE OPTION OF DESIGNATING A CHILD DAYCARE CENTER OR OTHER BEFORE OR AFTER SCHOOL PROGRAM AS THE STUDENT'S ORIGIN OR DESTINATION FOR SCHOOL TRANSPORTATION.
Be it enacted by the General Assembly of the State of South Carolina:
School bus safety standards
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-195. (A) Effective July 1, 2000, any entity transporting preprimary, primary, or secondary school students to or from school, school-related activities, or child care, and utilizing a vehicle defined as a 'school bus' under 49 U.S.C. Section 30125, as defined on April 5, 2000, must transport these students in a vehicle meeting federal school bus safety standards, as contained in 49 U.S.C. Section 30101, et seq., or any successor statutes, and all applicable federal regulations. Nothing in this section prohibits the transportation of children to or from child care in nonconforming vehicles by a State of South Carolina human service provider or public transportation authority as long as each child is accompanied by a parent or legal guardian whose transportation is in connection with his work, education, or training.
(B) Notwithstanding subsection (A) of this section, any vehicle that is purchased before July 1, 2000, and is utilized to transport preprimary, primary, or secondary students to or from school, school-related activities, or child care is not subject to the requirements contained in subsection (A) of this section until July 1, 2006. A vehicle that is purchased on or after July 1, 2000, and is utilized to transport preprimary, primary, or secondary students to or from school, school-related activities, or child care is subject to the requirements contained in subsection (A) of this section once the vehicle is utilized for those purposes.
(C) Before July 1, 2006, nothing in this section may be construed to create a duty or other obligation to cease utilizing nonconforming vehicles purchased before the effective date of this act.
(D) To facilitate compliance with the provisions contained in this section, any entity contained in this section may purchase conforming vehicles under the State of South Carolina contracts for purchase of these vehicles.
(E) Nothing in the section prohibits the transportation of students by common carriers that are not exclusively engaged in the transportation of school students or by the entities subject to this section which own or operate these vehicles. However, the motor carriage used by the common carrier or entity to transport students must be designed to carry thirty or more passengers."
Origin or destination for school transportation
SECTION 2. The 1976 Code is amended by adding:
"Section 56-5-196. The parents or legal guardians of a student who is eligible to receive public school bus transportation must have the option of designating a child daycare center or other before or after school program as the student's origin or destination for school transportation."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 23rd day of May, 2000.
Approved the 26th day of May, 2000.
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