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COMMITTEE REPORT
May 4, 2000
H. 3300
Introduced by Reps. Beck, Mason, R. Smith, Lourie, J. Smith, Jennings, Emory, Howard and Seithel
S. Printed 5/4/00--S.
Read the first time April 6, 2000.
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 or activity bus, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JOHN C. LAND, III, 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. (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."
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.
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