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TO AMEND ARTICLE 1, CHAPTER 67 OF TITLE 59 OF THE 1976 CODE, RELATING TO THE TRANSPORTATION OF PUPILS IN SCHOOL BUSSES, BY ADDING SECTION 59-67-195, TO PROVIDE THAT SCHOOL A BUS DRIVER MAY NOT OPERATE A SCHOOL BUS WHILE USING A CELLULAR TELEPHONE, AND TO PROVIDE FOR DEFINITIONS AND APPROPRIATE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 67 of Title 59 of the 1976 Code is amended by adding:
"Section 59-67-195. (A) For the purposes of this section:
(1) "Cellular telephone" means a wireless two-way communication device that requires the operator to dial numbers manually or upon voice command and that:
(a) includes radio-telephone communications used in cellular telephone service, personal communication service, or the functional equivalent of a radio-telephone communications line used in cellular telephone service or a personal communication service; and
(b) does not include a citizens band radio.
(2) "Emergency" means an occurrence of sufficient severity and magnitude to substantially endanger the health, safety, welfare, or property of a person.
(B) A school bus driver may not operate a school bus while using a cellular telephone, except in an emergency or to call for assistance if there is a mechanical breakdown or other mechanical problem impairing the operation of the bus.
(C) In addition to any other penalties imposed pursuant to this article, a school bus driver convicted of a violation of this section must have his school bus driver certification revoked for one year."
SECTION 2. This act takes effect upon approval by the Governor.
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