EVIDENCE PASSED VEHICLE IS A SCHOOL BUS. (NEW)

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View NCGA Bill Details2015-2016 Session
House Bill 355 (Public) Filed Wednesday, March 25, 2015
AN ACT TO PROVIDE ADDITIONAL METHODS FOR PROVING THAT A STOPPED VEHICLE PASSED BY ANOTHER MOTOR VEHICLE IS A "SCHOOL BUS" SUBJECT TO THE PROVISIONS OF G.S. 20-217, TO REQUIRE LOCAL SCHOOL ADMINISTRATIVE UNITS TO PROVIDE INSTRUCTION IN SCHOOL BUS SAFETY TO STUDENTS, AND TO DIRECT THE DEPARTMENT OF PUBLIC INSTRUCTION TO STUDY HOW THE SAFETY OF CHILDREN BOARDING AND EXITING SCHOOL BUSES MAY BE INCREASED.
Intro. by Reives, Stam.

Status: Re-ref Com On Rules and Operations of the Senate (Senate Action) (May 26 2015)

SOG comments (3):

Identical bill

Bill as filed is substantively identical to S 445 as filed 3/25/15.

Long title change

House committee substitute to the 2d edition changed the long title. Original long title was AN ACT TO ENHANCE PROTECTIONS FOR CLIENTS OF FACILITIES WHOSE PRIMARY PURPOSE IS TO PROVIDE SERVICES FOR THE CARE, TREATMENT, HABILITATION, OR REHABILITATION OF INDIVIDUALS WITH MENTAL ILLNESS, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE DISORDERS BY INCREASING PUNISHMENTS FOR CLIENT ABUSE, EXPLOITATION, OR NEGLECT; BY IMPOSING A REPORTING REQUIREMENT ON EMPLOYEES AND VOLUNTEERS WHO WITNESS A SEXUAL OFFENSE OR OFFENSE AGAINST MORALITY PERPETRATED AGAINST A CLIENT; AND BY MAKING FAILURE TO REPORT THESE VIOLATIONS A CLASS 1 MISDEMEANOR.

Long Title Change

Senate committee substitute to the 3rd edition makes a change to the long title. The original title is as follows:

AN ACT TO PROVIDE ADDITIONAL METHODS FOR PROVING THAT A STOPPED VEHICLE PASSED BY ANOTHER MOTOR VEHICLE IS A "SCHOOL BUS" SUBJECT TO THE PROVISIONS OF G.S. 20.217.

H 355

Bill Summaries:

  • Summary date: May 21 2015 - View Summary

    Senate committee substitute makes the following changes to the 3rd edition.

    Adds new Section 2 to this act to amend GS 115C-242, adding new subsection (b), to require local school administrative units to provide instruction to all elementary school students in school bus safety every school year. Directs the State Board of Education to develop the instruction required under this subsection.

    Adds new Section 3 to this act directing the Department of Public Instruction (DPI), in collaboration with the Department of Transportation, to study procedures and equipment that may be utilized to increase the safety of children boarding and exiting school buses. Requires DPI to report its findings and recommendations, including any legislative proposals, to the Joint Legislative Education Oversight Committee by January 15, 2016.

    Provides that new Section 2 and Section 3 are effective when this act becomes law and requires that the instruction in bus safety required by GS 115C-242(b), as enacted by Section 2 of this act, be provided beginning with the 2015-16 school year.

    Makes conforming changes to the bill's long title to reflect the added bill content.


  • Summary date: Apr 27 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Deletes all provisions of the previous edition and replaces it with the following.

    Amends GS 20-217(b) to include criteria that are considered prima facie evidence that a vehicle was a school bus at the time of a violation of GS 20-217(a), passing a stopped school bus. This criteria includes (1) a certified copy of a record from the DMV showing the vehicle was registered as a school bus at the time of the violation and (2) testimony from the school bus driver, a passenger on the school bus, or the law enforcement officer investigating the violation. Deletes language that stated that the provisions of the statute only applied if the school bus had a plainly visible sign with the words "school bus" on the front and back of the bus. 

    Effective October 1, 2015, and applies to offenses committed on or after that date.

    Amends the act's short and long titles. 


  • Summary date: Apr 15 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 122C-26(5) concerning the powers of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission), making technical changes and providing that the Commission has the authority to establish rules for facilities concerning their procedures for the training and record keeping of employees and volunteers in regards to protections against abuse and exploitation.


  • Summary date: Mar 25 2015 - View Summary

    Amends GS 122C-66 to provide that an employee or a volunteer at facilities that provide services for the care and treatment of persons with mental illness, developmental disabilities, or substance abuse disorders that knowingly causes pain or injury to a client is guilty of a Class A1 misdemeanor (was, Class 1). Imposes a duty on an employee or volunteer who witnesses or has knowledge of abuse or exploitation of clients to report the violation to designated authorized personnel at the facility.Makes failure to do so a Class 1 misdemeanor (was, Class 3 misdemeanor punishable only by a fine).

    Imposes a duty on an employee or volunteer at a facility who witnesses a client become the victim of a sexual offense or offense against morality (a violation of Article 7A or Article 26 of GS Chapter 14) to report the allegations within 24 hours after witnessing the violation to the department of social services in the county where the facility serves the client and to the district attorney in the district where the facility serves the client. Makes a violation of this provision a Class A1 misdemeanor. Prohibits harassing or threatening of an employee making a report by any other employee or volunteer. Provides that except for violations of the requirement to report violations of Article 7A or Article 26 of GS Chapter 14, as provided for in (b1) of GS 122C-66, the facility is to investigate or provide for investigation of reports made under this section. Directs the county department of social services and the district attorney to investigate reports made under subsection (b1) or to provide for the investigation of such reports.

    Effective December 1, 2015, and applies to offenses committed on or after that date.