NORTH CAROLINA SCHOOL BUS SAFETY ACT.

View NCGA Bill Details2013-2014 Session
House Bill 428 (Public) Filed Tuesday, March 26, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE PUNISHMENT FOR PASSING A STOPPED SCHOOL BUS IN VIOLATION OF G.S. 20-217 SHALL INCLUDE A FINE IN ALL CIRCUMSTANCES, A REVOCATION OF THE PERSON'S DRIVERS LICENSE IN CERTAIN CIRCUMSTANCES, AND DISQUALIFICATION OF THE PERSON'S COMMERCIAL DRIVING PRIVILEGES IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE DIVISION OF MOTOR VEHICLES SHALL WITHHOLD THE REGISTRATION RENEWAL OF A PERSON WHO FAILS TO PAY ANY FINE IMPOSED PURSUANT TO G.S. 20-217; AND TO ENCOURAGE LOCAL BOARDS OF EDUCATION TO USE THE PROCEEDS OF ANY FINES COLLECTED FOR VIOLATIONS OF G.S. 20-217 TO PURCHASE AUTOMATED CAMERA AND VIDEO RECORDING SYSTEMS TO INSTALL ON SCHOOL BUSES.
Intro. by Hanes, Lambeth.

Status: Ch. SL 2013-293 (House Action) (Jul 18 2013)

SOG comments (1):

Long title change

The House committee substitute to the 1st edition amends the act's long title. The original long title was: A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE PUNISHMENT FOR PASSING A STOPPED SCHOOL BUS IN VIOLATION OF G.S. 20-217 SHALL INCLUDE A FINE IN ALL CIRCUMSTANCES AND A REVOCATION OF THE PERSON'S DRIVERS LICENSE IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE DIVISION OF MOTOR VEHICLES SHALL WITHHOLD THE REGISTRATION RENEWAL OF A PERSON WHO FAILS TO PAY ANY FINE IMPOSED PURSUANT TO G.S. 20-217, AND TO ENCOURAGE LOCAL BOARDS OF EDUCATION TO USE THE PROCEEDS OF ANY FINES COLLECTED FOR VIOLATIONS OF G.S. 20-217 TO PURCHASE AUTOMATED CAMERA AND VIDEO RECORDING SYSTEMS TO INSTALL ON SCHOOL BUSES.

Bill History:

H 428/S.L. 2013-293

Bill Summaries:

  • Summary date: Jul 22 2013 - More information

    AN ACT TO PROVIDE THAT THE PUNISHMENT FOR PASSING A STOPPED SCHOOL BUS IN VIOLATION OF G.S. 20-217 SHALL INCLUDE A FINE IN ALL CIRCUMSTANCES, A REVOCATION OF THE PERSON'S DRIVERS LICENSE IN CERTAIN CIRCUMSTANCES, AND DISQUALIFICATION OF THE PERSON'S COMMERCIAL DRIVING PRIVILEGES IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE DIVISION OF MOTOR VEHICLES SHALL WITHHOLD THE REGISTRATION RENEWAL OF A PERSON WHO FAILS TO PAY ANY FINE IMPOSED PURSUANT TO G.S. 20-217; AND TO ENCOURAGE LOCAL BOARDS OF EDUCATION TO USE THE PROCEEDS OF ANY FINES COLLECTED FOR VIOLATIONS OF G.S. 20-217 TO PURCHASE AUTOMATED CAMERA AND VIDEO RECORDING SYSTEMS TO INSTALL ON SCHOOL BUSES. Enacted July 18, 2013. Effective December 1, 2013.


  • Summary date: Jul 2 2013 - More information

    Senate amendments make the following changes to the 3rd edition.

    Amendment #1 changes the name of the act from the North Carolina School Bus Safety Act to The Hasani N. Wesley Students' School Bus Safety Act.

    Amendment #2 amends GS 20-217 to decrease the fine for a willful violation where a person is struck from $2,500 to $1,250 and for a willful violation where the persons struck dies from $5,000 to $2,500. Allows, in the case of a first felony conviction under the statue, a person to apply for a limited driving privilege after six months (was, 12 months) of license revocation.


  • Summary date: Jun 12 2013 - More information

    Senate committee substitute to the 2nd edition makes the following changes.

    Amends GS 20-217(g2) to add that failure to pay costs (as well as fines) imposed under the statute will result in the Division of Motor Vehicles (DMV) withholding registration renewal. Specifies that the clerk of superior court in the county where the case was disposed must notify DMV of a person failing to pay a fine or costs within 20 days of the date specified in the court's judgment. Requires the DMV to continue to withhold registration renewal until the clerk of superior court notifies the DMV that the person has satisfied the applicable conditions of GS 20-24.1(b) (which includes conditions similar to those specified in the previous edition).

    Makes a clarifying change to GS 20-54(11).


  • Summary date: May 14 2013 - More information

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

    Changes the long title.

    Amends GS 20-217, Motor vehicles to stop for properly marked and designated school buses in certain instances; evidence of identity of driver, providing that any person whose driver's license is revoked under this section is disqualified pursuant to GS 20-17.4 from driving a commercial motor vehicle for the period of time in which the person's driver's license remains revoked. Makes technical and clarifying changes throughout.

    Enacts new subsection GS 20-17.4(o), providing that any person whose driver's license is revoked under GS 20-217 is disqualified from driving a commercial motor vehicle for the period of time in which the person's driver's license remains revoked under GS 20-217.


  • Summary date: May 13 2013 - More information

    House committee substitute to be summarized.


  • Summary date: Mar 26 2013 - More information

    Amends GS 20-217 to provide that any person who violates GS 20-217 will be guilty of a Class 1 misdemeanor and will pay a minimum fine of $500 (previously, no fine was associated with the violation). Provides that any person who willfully violates GS 20-217(a) and strikes any person will be guilty of a Class I felony and will pay a minimum fine of $2,500 (previously, no fine was associated with the violation).  If the striking of the person above results in death of that person, the violator will be guilty of a Class H felony and will pay a new minimum $5,000 fine.

    Creates new GS 20-217(g1), providing that the Division of Motor Vehicles (DMV) will revoke the driver's license for one year for any person convicted of a second misdemeanor under this section in a three-year time period. A two-year revocation will occur for a conviction of a Class I felony and a three-year revocation for a conviction of a Class H felony.  The DMV will permanently revoke the driver's license of any person convicted of a second felony under this section at any time as well as any person convicted of a third misdemeanor violation of this section at any time.

    For the instance of first felony convictions under this section, the licensee may apply to the sentencing court for a limited driving privilege after 12 months of revocation, provided no other revocation has occurred under a different law or regulation.

    For instances of permanent revocation for committing a third misdemeanor under this section, the person may apply for a license after two years.  The DMV may issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this chapter or laws of another state.  The DMV can impose any restrictions appropriate, but such restrictions will not exceed two years.

    For instances of permanent revocation for committing a second Class I felony violation, the person may apply for a license after three years. The DMV may issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this chapter or laws of another state.  The DMV can impose any restrictions appropriate, but such restrictions will not exceed three years.

    Creates new GS 20-217(g2), establishing that the failure of any person to pay a fine imposed  pursuant to this section will result in the DMV withholding the registration renewal of a motor vehicle registered in that person's name. The DMV will continue to withhold the registration renewal until it is demonstrated that the fine is paid, that the fine was imposed on the wrong person, or that the failure to pay is not on purpose and a good faith effort to pay the fine is being made.

    Amends GS 20-54 (Authority for refusing registration or certificate of title), by adding a new subdivision which provides that  the DMV will refuse registration or issuance of a certificate or title  if it has been notified that the owner of the vehicle has failed to pay a fine imposed pursuant to GS 20-217.

    Includes language that states the General Assembly encourages local boards of education to use the proceeds of fines collected for violations of GS 20-217 to buy automated cameras and recording systems for school buses to help detect and prosecute violators of this section.

    Effective December 1, 2013, applying to offenses committed on or after that date.

     


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