South Carolina General Assembly
115th Session, 2003-2004

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Bill 3333

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

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COMMITTEE REPORT

March 27, 2003

H. 3333

Introduced by Rep. G.M. Smith

S. Printed 3/27/03--H.

Read the first time January 16, 2003.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

To whom was referred a Bill (H. 3333) to amend Section 56-5-2770, Code of Laws of South Carolina, 1976, relating to signals and markings on school buses, and procedures relating to the legal passing of a bus, etc., respectfully

REPORT:

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 56-5-2770 of the 1976 Code is amended to read:

"Section 56-5-2770.    (a)(A)    The driver of a vehicle meeting or overtaking from either direction any a school bus stopped on the a highway or private road shall must stop before reaching the bus where there are in operation on the bus flashing red lights specified in State Department of Education Regulations and Specifications Pertaining to School Buses, and the driver shall must not proceed until the bus resumes motion or the flashing red lights are no longer actuated.

(b)    Every school bus shall be equipped with red or red and amber visual signals meeting the requirements of State Department of Education Regulations and Specifications Pertaining to School Buses, which may be actuated by the driver whenever, but only whenever, the bus is stopped or preparing to stop on the highway for the purpose of receiving or discharging school children. A driver shall not actuate the special visual signal in designated school bus loading areas if the bus is entirely off the roadway.

(c) Every school bus shall bear upon its front and rear plainly visible signs containing the words "SCHOOL BUS" in letters not less than eight inches in height. When a bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school or school related activities, all markings indicating "SCHOOL BUS" shall be covered or concealed.

(B)        The driver of a vehicle need not stop upon meeting a stopped school bus when traveling in the opposite direction on a multi-lane highway or multi-lane private road.

(C)        The driver of a vehicle must not overtake a school bus which has amber visual signals actuated.

(d)    The driver of a vehicle need not stop upon meeting a stopped school bus:

1.    When the bus is in a passenger loading zone completely off the main travel lanes and when pedestrians are not allowed to cross the roadway.

2.    On highways where the roadways are separated by an earth or raised concrete median.

(D)        A school bus must be equipped with red and amber visual signals meeting the requirements of State Department of Education Regulations and Specifications Pertaining to School Buses, which must be actuated by the driver whenever the bus is stopped or preparing to stop on the highway for the purpose of receiving or discharging school children. A driver must not actuate the special visual signals when the bus is in designated school bus loading or off-loading areas if the bus is off the roadway entirely.

(e)    The driver of a vehicle must stop upon meeting or passing a stopped school bus:

1.    On any two-lane highway.

2.    On any four-lane or multi-laned highway where opposing highway is separated only by painted lines on the roadway or a narrow gravel median.

3.    When overtaking a school bus which has red or amber signals actuated.

(E)        A school bus must bear upon its front and rear plainly visible signs containing the words 'SCHOOL BUS' in black letters not less than eight inches in height.

(F)        A school bus route that requires passengers to be loaded or off-loaded along a multi-lane highway or multi-lane private road must be designed to ensure that a student is not required to cross a multi-lane highway or multi-lane private road.

(G)    For the purposes of this section a multi-lane highway or multi-lane private road is a highway or private road that consists of four or more traffic lanes, having at least two traffic lanes traveling in each direction."

SECTION    2.    Section 56-5-2780 of the 1976 Code, as last amended by Act 348 of 2002, is further amended to read:

"Section 56-5-2780.    (A)    A driver of a vehicle violating Section 56-5-2770(a) or (e) (A) or (C) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Notwithstanding any other provision of law, a first offense for a violation of Section 56-5-2770(a) or (e) (A) or (C)may be tried in magistrate's court. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e)(A) or (C), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days.

(B)    If a driver of a vehicle violates Section 56-5-2770(a) or (e)(A) or (C), and the violation proximately causes great bodily injury or death to a pedestrian, the person is guilty of a felony and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bond, the person must be:

(1)    fined not less than five thousand dollars or more than ten thousand dollars and imprisoned for not less than sixty days or more than one year when great bodily injury results;

(2)    fined not less than ten thousand dollars or more than twenty-five thousand dollars and imprisoned for not less than one year or more than five years when death results.

As used in this subsection, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The department shall suspend the driver's license of a person who is convicted or who receives a sentence upon a plea of guilty or nolo contendere pursuant to this subsection for the term of imprisonment plus one year."

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    4.    This act takes effect August 1, 2003. /

Renumber sections to conform.

Amend title to conform.

RONALD P. TOWNSEND for Committee.

            

A BILL

TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A BUS, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE NEED NOT STOP UPON MEETING A STOPPED SCHOOL BUS, AND THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE MUST STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS, AND TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE OFF-LOADED ALONG A MULTI-LANE HIGHWAY MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS A FOUR OR MULTI-LANE HIGHWAY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 56-5-2770 of the 1976 Code is amended to read:

"Section 56-5-2770.    (a)(A)    The driver of a vehicle meeting or overtaking from either direction any a school bus stopped on the highway shall must stop before reaching the bus where there are in operation on the bus flashing red lights specified in State Department of Education Regulations and Specifications Pertaining to School Buses, and the driver shall must not proceed until the bus resumes motion or the flashing red lights are no longer actuated.

(b)(B)    Every A school bus shall must be equipped with red or red and amber visual signals meeting the requirements of State Department of Education Regulations and Specifications Pertaining to School Buses, which may must be actuated by the driver whenever, but only whenever, the bus is stopped or preparing to stop on the highway for the purpose of receiving or discharging school children. A driver shall must not actuate the special visual signal in designated school bus loading areas if the bus is entirely off the roadway entirely.

(c) (C)    Every A school bus shall must bear upon its front and rear plainly visible signs containing the words 'SCHOOL BUS' in letters not less than eight inches in height. When a bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, or school related activities, all markings indicating 'SCHOOL BUS' shall must be covered or concealed.

(d) (D)    The driver of a vehicle need not stop upon meeting a stopped school bus when:

1.(1)    When the bus is in a passenger loading zone completely off the main travel lanes and when pedestrians are not allowed to cross the roadway.; and

2.(2)    On highways where the roadways are separated by an earth or raised concrete median traveling in the opposite direction on a four-lane or multi-lane highway.

(e) (E)    The driver of a vehicle must stop upon meeting or passing a stopped school bus:

1. (1)    on any a two-lane highway.; and

2. (2)    on any four-lane or multi-laned highway where opposing highway is separated only by painted lines on the roadway or a narrow gravel median.

3. When overtaking a school bus which has red or amber signals actuated traveling in the same direction on a multi-lane highway.

(F)    A school bus route that requires passengers to be off-loaded along a multi-lane highway must be designed to ensure that a student is not required to cross a four or multi-lane highway."

SECTION    2.    This act takes effect upon approval by the Governor.

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