H 4127 General Bill, By Stuart, Cobb-Hunter, Gamble, Harris, J. Hines, Jennings, 
Lee, Littlejohn, Moody-Lawrence, Neilson, Ott, Rodgers, Simrill and Woodrum
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, BY
 ADDING SECTION 59-67-546 SO AS TO PROVIDE THAT A LOCAL SCHOOL BOARD MAY ALLOW
 AN INDIVIDUAL TO RIDE A STATE-OWNED SCHOOL BUS OPERATED ON STATE DEPARTMENT OF
 EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS UNDER CERTAIN
 CIRCUMSTANCES AND MAY ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION
 WITH A NON-SCHOOL RELATED ACTIVITY OR PROGRAM UNDER CERTAIN CIRCUMSTANCES, TO
 PROVIDE THAT THIS PROVISION MUST NOT BE CONSTRUED AS A WAIVER OR ABROGATION OF
 THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT
 CLAIMS ACT, AND TO PROVIDE THAT THE LOCAL SCHOOL BOARD SHALL INDEMNIFY THE
 STATE AGAINST LEGAL CLAIMS FILED AGAINST THE STATE DUE TO CERTAIN NEGLIGENT
 ACTS PERFORMED PURSUANT TO THIS SECTION.

   05/19/99  House  Introduced and read first time HJ-17
   05/19/99  House  Referred to Committee on Education and Public
                     Works HJ-17
   02/22/00  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-5
   02/24/00  House  Debate adjourned until Wednesday, March 1, 2000 HJ-20
   03/01/00  House  Amended HJ-19
   03/01/00  House  Requests for debate-Rep(s). Hinson, Kirsh,
                     Altman, Young-Brickell, McGee, Taylor and Rice HJ-20
   03/30/00  House  Debate adjourned until Tuesday, April 4, 2000 HJ-45
   04/05/00  House  Recommitted to Committee on Education and Public
                     Works HJ-47

Amt. No. 1 (housedesk\council\ggs\amend\22495CM00.doc)

March 1, 2000

H. 4127

Introduced by Reps. Stuart, Cobb-Hunter, Gamble, Harris, J. Hines, Jennings, Lee, Littlejohn, Moody-Lawrence, Neilson, Ott, Rodgers, Simrill and Woodrum

S. Printed 2/22/00--H.

Read the first time May 19, 1999.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, BY ADDING SECTION 59-67-546 SO AS TO PROVIDE THAT A LOCAL SCHOOL BOARD MAY ALLOW AN INDIVIDUAL TO RIDE A STATE-OWNED SCHOOL BUS OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS UNDER CERTAIN CIRCUMSTANCES AND MAY ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH A NON-SCHOOL RELATED ACTIVITY OR PROGRAM UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION MUST NOT BE CONSTRUED AS A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, AND TO PROVIDE THAT THE LOCAL SCHOOL BOARD SHALL INDEMNIFY THE STATE AGAINST LEGAL CLAIMS FILED AGAINST THE STATE DUE TO CERTAIN NEGLIGENT ACTS PERFORMED PURSUANT TO THIS SECTION.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 59-67-546. (A) For the 2000-2001, 2001-2002, 2002-2003 school years, the Chesterfield County School District is authorized to pilot a program, at no cost to the State, to determine the feasibility of using school bus transportation as part of a coordinated community transportation service. The Chesterfield County School District may allow an individual to ride a state-owned school bus operated on state Department of Education approved routes on a space-available basis. However, an adult may not ride if any pre-high school students are present on the bus. The board also may allow the use of state-owned school buses in conjunction with a non-school related activity or program. The use of the state-owned school buses for the aforementioned purposes must be in accordance with local school board policies and state laws. Any use of state-owned school buses for these special activities or programs is subject to the permitting requirements of the Department of Education.

(B) Nothing in this section must be construed as a waiver or abrogation of the state's limited immunity from liability and suit under the South Carolina Tort Claims Act. The local school board shall indemnify the State against legal claims filed against the State due to negligent acts performed by or on behalf of employees of the school board pursuant to this section.

(C) Before allowing individuals to ride on a state-owned school bus, on state Department of Education approved routes on a space-available basis, a local school board must obtain a SLED background check on each individual who seeks permission to ride.

(D) An adult who is given permission to ride on a state-owned school bus pursuant to this section must possess and wear a photo-identification card when riding on a bus that is carrying students. The identification card must be issued by the district and contain the following:

(1) the signature and a recent photograph of the adult rider; and

(2) language on the back of the card expressly stating that the State shall not waive or abrogate the state's limited immunity from liability and suit under the South Carolina Tort Claims Act.

(E) For the purposes of this section, individuals other than school students must not be considered 'lawful occupants' under Section 59-67-710 or 59-67-790."

SECTION 2. This act takes effect upon approval by the Governor.