South Carolina H 4304: Passing a School Bus

Bill Text

2025-2026 Bill 4304 Text of Previous Version (Apr. 30, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4304

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
56-5-2790 SO AS TO MAKE VEHICLE OWNERs OR OPERATORs LIABLE TO THE DEPARTMENT OF 
EDUCATION FOR UNLAWFULLY OVERTAKING AND PASSING SCHOOL BUSES; BY ADDING SECTION 
59-67-235 SO AS TO REQUIRE OPERATORS OF SCHOOL BUSES TO NOTIFY THE DEPARTMENT 
OF EDUCATION WHEN VEHICLES DO NOT STOP WHEN THE DRIVERS HAVE AMBER SIGNALS 
ACTUATED; AND BY AMENDING SECTION 56-3-1335, RELATING TO SUSPENSION OF VEHICLE 
REGISTRATIONS FOR FAILURE TO PAY TOLLS, SO AS TO PROVIDE THAT THE DEPARTMENT OF 
MOTOR VEHICLES SHALL SUSPEND VEHICLE REGISTRATIONS FOR OUTSTANDING JUDGMENTS 
FOR PASSING SCHOOL BUSES.

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

SECTION 1. Article 21, Chapter 5, Title 56 of the S.C. Code is 
amended by adding:

 Section 
56-5-2790. (A) When a vehicle 
violates Section 56-5-2770, the vehicle owner or operator is jointly and 
severally liable to the Department of Education to pay the administrative fees 
and civil penalty as provided for in this section.

 (1) 
The department or its authorized agent may assess and collect a civil penalty 
of:

 (a) 
not more than one hundred dollars for the first violation within a period of 
one year; and

 (b) 
not more than two hundred and fifty dollars for each subsequent violation 
within a period of one year.

 (2) 
Upon failure to pay the administrative fees and civil penalty to the department 
within thirty days of the notice, the vehicle owner may be cited for failure to 
pay a penalty pursuant to this subsection and, upon an adjudication of 
liability, is subject to an additional civil penalty not to exceed five hundred 
dollars for each violation.

 (a) 
The department or its authorized agent shall send:

 (i) 
a "First Notice to Pay Penalty" to the owner or operator of a vehicle that, on 
one occasion in any twelve-month period, is identified as having been involved 
in a violation. The first notice must require payment to the department of the 
required penalty, plus an administrative fee, as provided for in item (2), 
within thirty days of the mailing of the notice;

 (ii) a "Second Notice to Pay Penalty" 
to the owner or operator of a vehicle that is identified as having been 
involved in a second toll violation in a twelve-month period or who has failed 
to respond to a "First Notice to Pay Penalty" notice within the required 
period. The second notice must require payment to the department of the 
required penalties, plus an administrative fee, as provided for in item (2) 
within thirty days of the mailing of the notice; and

 (iii) a "Third Failure to Pay a 
Penalty" citation to the owner or operator of a vehicle that is identified as 
having been involved in a third violation in a twelve-month period or who has 
failed to respond to a "Second Notice to Pay Penalty" notice within the 
required period. Within thirty days, the citation requires payment to the 
department of the unpaid penalties, plus an administrative fee of not more than 
twenty-five dollars for each violation, or the recipient's appearance in 
magistrates court of the county in which the violation occurred or the 
municipal court of the city in which the violation occurred to contest the 
citation.

 (b) 
A first, second, or third "Failure to Pay a Penalty" citation constitutes the 
summons and complaint for an action to recover the penalty and all applicable 
fees allowed pursuant to this section.

 (3) 
If a magistrate or municipal judge determines that the person or entity charged 
with liability under this section is liable, then the magistrate or municipal 
judge shall collect the unpaid penalty and administrative fee and forward them 
to the department or its authorized agent. The magistrate or municipal judge 
also may impose a civil penalty of up to fifty dollars for each violation, plus 
court costs and attorney's fees. The civil penalty must be distributed in the 
same manner as other fines and penalties collected by the magistrate.

 (a) 
If the owner or operator fails to satisfy the judgement within thirty days, 
then the court shall notify the department and the authorized agent, and the 
department shall suspend the registration of the vehicle that was operated when 
the penalty was not paid and deny the vehicle's registration or reregistration 
pursuant to Section 56-3-1335.

 (b) 
The suspension shall remain in effect until the judgment is satisfied and 
evidence of its satisfaction has been presented to the department and the 
authorized agent.

 (B) 
The department shall send by first-class mail a notice and penalty as 
prescribed in subsection (C) to the owner or operator of the