S*0168(Rat #0088, Act #0051 of 1981)  General Bill, By W.W. Doar
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 59-67-535, so as to provide that boats operated by the State Department of
 Education for the transportation of school children from islands to mainland
 schools may also be used, on a space available basis, to transport state
 residents who are over fifty-five years of age or who are disabled or
 blind.-at

   02/10/81  Senate Introduced and read first time SJ-6
   02/10/81  Senate Referred to Committee on Education SJ-14
   02/19/81  Senate Committee report: Favorable with amendment
                     Education SJ-13
   02/24/81  Senate Amended SJ-14
   02/24/81  Senate Read second time SJ-14
   03/03/81  Senate Read third time and sent to House SJ-11
   03/04/81  House  Introduced and read first time HJ-905
   03/04/81  House  Referred to Committee on Education and Public
                     Works HJ-905
   04/16/81  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-1898
   04/22/81  House  Debate adjourned HJ-2005
   04/22/81  House  Reconsidered HJ-2006
   04/22/81  House  Amended HJ-2006
   04/22/81  House  Read second time HJ-2007
   04/23/81  House   Read third time HJ-2016
   04/23/81  House  Returned HJ-2016
   04/28/81  Senate Concurred in House amendment and enrolled SJ-9
   04/30/81  Senate Ratified R 88 SJ-8
   05/05/81         Signed By Governor
   05/05/81         Effective date 05/05/81
   05/05/81         Act No. 51
   05/15/81         Copies available

AN ACT

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-535, SO AS TO PROVIDE THAT BOATS OPERATED BY THE STATE DEPARTMENT OF EDUCATION FOR THE TRANSPORTATION OF SCHOOL CHILDREN FROM ISLANDS TO MAINLAND SCHOOLS MAY ALSO BE USED, ON A SPACE AVAILABLE BASIS, TO TRANSPORT STATE RESIDENTS WHO ARE OVER FIFTY-FIVE YEARS OF AGE OR WHO ARE DISABLED OR BLIND.

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

Boats may be used to transport certain persons.

SECTION 1. The 1976 Code is amended, by adding:

"Section 59-67-535. Boats operated by the State Department of Education for transportation of school children from islands to mainland schools may also he used to transport, on a space available basis only, any South Carolina resident who is over fifty-five years of age or disabled or legally blind as defined in Section 43-25-20 of the 1976 Code. A person requesting boat transportation shall present his medicare card or other card approved by the South Carolina Commission on Aging to the employee of the State Department of Education who is in charge of the particular boat, and a person who is disabled or legally blind shall present to such person in charge of the boat a certificate to that effect from a licensed doctor of medicine or an official of an agency authorized by law to make determinations of disability or blindness.

The term 'disabled' as used herein shall mean the inability to perform substantial gainful employment by reason of a medically- determinable impairment, either physical or mental, which has lasted or is expected to last for a continuous period of twelve months or more.

Use of such boats by residents who are over fifty-five years of age or who are disabled or blind shall be only on a space available basis and only at such time as the boat is being otherwise operated on official business. School children shall in every case be given priority of carriage Provided, that special trips on such boats may be approved by the County Board of Education, in which case all costs shall be borne by the users.

Any person authorized for transportation pursuant to the provisions of this section shall, prior to boarding, execute a 'covenant not to sue' the State of South Carolina or any agency thereof, on a form approved by the State Department of Education.

Nothing in this section shall be construed as a waiver of the State's general immunity from liability and suit.

The benefits provided by the provisions of Article 3, Chapter 77 of Title 15 and Article 5, Chapter 67 of Title 59 shall not be available to persons authorized to be transported pursuant to the provisions of this section.

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.