H*3300(Rat #0338, Act #0301 of 2000)  General Bill, By Beck, Mason, R. Smith, 
Lourie, J. Smith, Jennings, Emory, Howard and Seithel
 A BILL TO AMEND THE 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.-AMENDED TITLE

   01/19/99  House  Introduced and read first time HJ-132
   01/19/99  House  Referred to Committee on Education and Public
                     Works HJ-133
   03/14/00  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-2
   03/23/00  House  Debate adjourned HJ-26
   03/28/00  House  Requests for debate-Rep(s). Loftis, Cato, R.
                     Smith, Robinson, Simrill, Sheheen, Law, Bales
                     and Hayes HJ-242
   04/05/00  House  Amended HJ-62
   04/05/00  House  Read second time HJ-64
   04/05/00  House  Roll call Yeas-86  Nays-11 HJ-64
   04/06/00  House  Read third time and sent to Senate HJ-27
   04/06/00  Senate Introduced and read first time SJ-10
   04/06/00  Senate Referred to Committee on Transportation SJ-10
   05/04/00  Senate Committee report: Favorable Transportation SJ-12
   05/09/00  Senate Read second time SJ-28
   05/09/00  Senate Ordered to third reading with notice of
                     amendments SJ-28
   05/16/00  Senate Read third time and enrolled SJ-16
   05/23/00         Ratified R 338
   05/26/00         Signed By Governor
   05/26/00         Effective date 05/26/00
   06/07/00         Copies available
   06/09/00         Act No. 301

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."

Time effective

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.