Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 14, 2000
H. 3300
Introduced by Reps. Beck, Mason, R. Smith, Lourie, J. Smith, Jennings, Emory and Howard
S. Printed 3/14/00--H.
Read the first time January 19, 1999.
To whom was referred a Bill (H. 3300), to amend the Code of Laws of South Carolina, 1976, by adding Section 56-5-195 so as to provide that public and private schools must transport ten or more students in a school bus, 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. 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, or any successor to this section, 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."
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. /
Renumber sections to conform.
Amend title to conform.
RONALD P. TOWNSEND, for Committee.
EXPLANATION OF IMPACT:
The State Department of Education (SDE) indicates enactment of this bill would have no impact on the General Fund of the State, nor on federal and/or other funds. SDE already provides that all school buses purchased meet federal school bus safety standards.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-195 SO AS TO PROVIDE THAT PUBLIC AND PRIVATE SCHOOLS MUST TRANSPORT TEN OR MORE STUDENTS IN A SCHOOL BUS OR ACTIVITY BUS, PROVIDE THAT VEHICLES PURCHASED BEFORE A CERTAIN DATE HAVE A GRACE PERIOD DURING WHICH THEY MUST COMPLY WITH THIS PROVISION, AND PROVIDE THAT DURING THE GRACE PERIOD A NON-COMPLYING VEHICLE MUST DISPLAY A DECAL THAT STATES THE VEHICLE DOES NOT MEET THE SAFETY REQUIREMENTS OF A SCHOOL BUS; BY ADDING SECTION 56-5-196 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY OWNERS OF CERTAIN VEHICLES USED TO TRANSPORT STUDENTS OF THE PROVISIONS CONTAINED IN THIS ACT; TO AMEND SECTION 56-5-190, RELATING TO SCHOOL BUSES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO SCHOOL BUSES TRANSPORTING STUDENTS TO BOTH PUBLIC AND PRIVATE SCHOOLS; AND TO AMEND SECTION 59-67-30, RELATING TO PAINTING AND MARKINGS ON SCHOOL BUSES, SO AS TO PROVIDE THE MARKINGS THAT MUST APPEAR ON A SCHOOL BUS THAT DOES NOT COMPLY WITH THE STATE'S REQUIREMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-195. 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 a student may also ride on an Activity School Bus as provided in Section 59-67-30(B). Nothing in this section applies to a vehicle purchased before July 1, 1999. However, all vehicles purchased before July 1, 1999 must be in full compliance with this section by July 1, 2001. 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, 1999. The Department of Public Safety may not charge more than one dollar per decal."
SECTION 2. 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 3. 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 4. Section 59-67-30 of the 1976 Code is amended to read:
"Section 59-67-30. (A) Every State-owned A 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 must 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 they may deem necessary and proper.
(B) A school bus that does not comply with these requirements must be painted a color other than yellow and is not entitled to the privileges and protections of a school bus operating on the highways of this State. These buses must be 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 leters 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, 1999. The Department of Public Safety must not charge more than one dollar for each decal."
SECTION 5. This act takes effect upon approval by the Governor, except that Sections 1, 2, and 3 take effect July 1, 1999.
This web page was last updated on Friday, June 26, 2009 at 2:58 P.M.