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H 4304

Passing a School Bus

2025-2026 Regular Session Introduced by Blake Sanders

Strengthens enforcement by civil penalties and DMV registration suspensions for illegally passing stopped school buses, with bus-mounted cameras as prima facie evidence.

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Bill Summary · H 4304

Summary — H 4304 (Passing a School Bus)

Note: The materials provided combine two different measures labeled H 4304 (one concerning school-bus enforcement in South Carolina and another concerning an LGBTQ aging commission in Massachusetts). This summary focuses on the school-bus enforcement bill (the “Passing a School Bus” provisions) described in the South Carolina Code amendments.

Purpose / Intent

To strengthen enforcement and civil penalties for motorists who unlawfully overtake or pass stopped school buses and to create an administrative process (including use of bus-mounted cameras) for assessing penalties and suspending vehicle registrations for unpaid judgments. It also requires school-bus operators to report incidents where motorists fail to stop when amber signals are activated.

Key provisions

  • Adds new Section 56-5-2790 (Title 56, Chapter 5, Article 21)

    • Establishes owner/operator joint and several liability for violations of Section 56-5-2770 (passing a school bus).
    • Civil penalties: up to $100 for a first violation within a 12‑month period; up to $250 for each subsequent violation within a 12‑month period.
    • Failure to pay within 30 days triggers a “failure to pay” citation; after adjudication, an additional civil penalty up to $500 per violation may be imposed.
    • Notice procedure: “First Notice to Pay Penalty,” “Second Notice to Pay Penalty,” and a “Third Failure to Pay a Penalty” citation; third citation may require court appearance in magistrate or municipal court.
    • Magistrate/municipal court may collect unpaid penalties, impose up to $50 additional civil penalty per violation, plus court costs and attorney’s fees.
    • If judgment remains unpaid 30 days after court determination, the court notifies the Department (DOE/DMV) and the Department of Motor Vehicles shall suspend the registration of the vehicle involved. Suspension remains until judgment is satisfied and proof provided.

  • Evidentiary and notice rules

    • Notices mailed first-class; mailing records are prima facie evidence.
    • A certificate from the department based on inspection of photographs, videotape, microphotographs or other recorded images produced by a digital video-monitoring device mounted on a school bus constitutes prima facie evidence of a violation and is admissible in proceedings. Recorded images must be available for inspection by the charged party.

  • Defenses preserved

    • Vehicle reported stolen (with timing conditions and required police report).
    • Leased/rented vehicle — lessor must provide rental/lease/contract documentation to avoid liability (full text truncated in provided materials).

  • Adds new Section 59-67-235

    • Requires school-bus operators to notify the Department of Education when vehicles do not stop while the bus’s amber signals are activated (reporting mechanics not fully detailed in provided text).

  • Amends Section 56-3-1335

    • Directs the Department of Motor Vehicles to suspend vehicle registrations for outstanding judgments for passing school buses (aligning enforcement tools with unpaid penalties).

Who is affected

  • Motor vehicle owners and operators (jointly liable).
  • Lessees and lessors where applicable (potential transfer of liability with documentation).
  • School districts and school-bus drivers (reporting obligations).
  • Department of Education and Department of Motor Vehicles (administration, notice, registration suspension).
  • Magistrate and municipal courts (adjudication and collection).

Procedural / timeline aspects

  • Notices are mailed first-class; recipients have 30 days to pay or contest.
  • Three-tier notice process before court citation.
  • Court judgments unpaid after 30 days may trigger DMV registration suspension until satisfied.
  • Digital video-monitoring images serve as prima facie evidence and may be inspected by the charged party.

Potential impacts

  • Increased deterrence through administrative penalties, civil judgments, and registration suspensions may reduce unlawful passing of school buses.
  • Use of bus-mounted cameras formalizes photo/video evidence as primary proof and may increase citations and appeals.
  • Liability rules could shift responsibility to vehicle owners (including rental situations) unless proper documentation is provided.
  • Agencies (DOE/DMV) and courts will have added administrative and enforcement responsibilities.

Compiled from official sources — confirm details with the bill’s official record.

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