Jacob's Law

The Committee on Education and Public Works

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

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 I. 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 statues, and all applicable federal regulations. Nothing in this section prohibits the transportation of children to or form 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 be 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 I 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 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 of after school program as the student's origin or destination for school transportation."

SECTION 3. This act takes effect upon approval by the Governor.

/sgn/ Gov. Jim Hodges
May 30, 2000