April 10, 1987
John R. Steele
Aurora County State's Attorney
P.O. Box 577
Plankinton, South Dakota 57368
OFFICIAL OPINION NO. 87-10
School bus use
Dear Mr. Steele:
You have requested an official opinion concerning the following factual situation:
FACTS:
The Aurora County Extension Office occasionally borrows a
school bus from local school districts for the purpose of transporting 4-H children to camps and other 4-H functions not directly related to school programs. The Extension Office has reimbursed the school for its actual expenses incurred for use of the bus. The bus has been driven on such occasions by the local County Agent, an employee of the Extension Service. The County Agent does not operate a bus in the course of transporting school children to and from school or alternative instruction programs. He is not a
licensed school bus driver pursuant to SDCL 13-29-8 and 9.
Based upon the foregoing facts, you ask the following question:
QUESTION:
Does SDCL 13-29-7 apply only to school buses being operated in connection with a school function, or does it apply to a school bus owned by a school district even when it is being used in connection with non-school activities?
The brief answer to your inquiry is that SDCL §§13-29-7 through 9 apply only to the operation of a school bus by a school district, a private school, or an alternative instruction program in transporting children to and from school. There are, however, other statutes that address the use of school buses by other organizations for non-school functions.
SDCL 13-24-20 provides:
The school board may rent or grant the use of school facilities, motor vehicles or land belonging to the school district for any purposes which it considers advisable as a community service for such compensation as it determines. The use may not interfere with school activities. Any person or persons or public body using such school facilities, motor vehicles or land is responsible to the school district for any and all damages that may be caused by reason of the use or occupancy. The school district is not liable for any suit for damages which might arise as the result of such use or occupancy.
The plain words of the statute set out above reveal that a school board has authority to rent or grant the use of school facilities, including motor vehicles, for non-school purposes and that immunity attaches to the school district arising out of any such use. In addition, SDCL 49-28-2(1) provides:
Nothing in subdivision (8) of §49-28-1 includes or applies to:
(1) Motor vehicles used solely in transportation as authorized by §13-29-1 to and from consolidated or other schools, on trips approved by the school board for the purpose of attending interscholastic activities or other educational programs, or when rented by or their use has been granted to a nonprofit club, group, organization, fraternal society, association or corporation under §13-24-20 for the transportation of persons under the age of twenty-one years. However, when rented or the use is granted, the movement of the motor vehicle is restricted to a radius of one hundred miles in any direction from the point at which the motor vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled, the driver of such motor vehicle must be fully qualified to drive the motor vehicle as required by the laws of this state, and the motor vehicle must be covered by an insurance policy similar to, with the limits no less than, the insurance coverage which is in effect while the motor vehicle is used for the transportation of school children, school personnel or other adult persons authorized by the school board of a school district in connection with school activities;
(2) through (16): (Not applicable.)
Reference to the above statute reveals that a specific exemption to the Public Utilities Commission requirements regarding commercial motor vehicles is granted for use of a school bus pursuant to SDCL 13-24-20. There are several restrictions. First, the movement of the vehicle is restricted to a radius of one hundred miles from where the vehicle is ordinarily located. Second, the driver must be licensed to drive the bus. Third, an insurance policy in the same amount provided by the school district must be in effect.
Accordingly, based upon the foregoing statutes, the answer to your question is that the Aurora County Extension Office may borrow school buses from willing school districts for community purposes. The driver must have a school bus license, and an insurance policy must be in effect.
Sincerely,
Roger Tellinghuisen
ATTORNEY GENERAL
