H*4783(Rat #0295, Act #0440 of 2000)  Joint Resolution, By Harris, Lucas, 
Jennings and Neilson
 A JOINT RESOLUTION TO PROVIDE THAT THE CHESTERFIELD COUNTY SCHOOL DISTRICT IS
 AUTHORIZED TO PILOT A PROGRAM TO DETERMINE THE FEASIBILITY OF USING SCHOOL BUS
 TRANSPORTATION AS PART OF A COORDINATED COMMUNITY SERVICE BY ALLOWING CERTAIN
 INDIVIDUALS TO RIDE STATE-OWNED SCHOOL BUSES OPERATED ON STATE DEPARTMENT OF
 EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS AND UNDER CERTAIN
 CIRCUMSTANCES, TO ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION
 WITH NONSCHOOL-RELATED ACTIVITIES OR PROGRAMS UNDER CERTAIN CIRCUMSTANCES, TO
 PROVIDE THAT THIS PROVISION IS NOT A WAIVER OR ABROGATION OF THE STATE'S
 LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, TO
 PROVIDE THAT THE SCHOOL DISTRICT MUST OBTAIN A SLED BACKGROUND CHECK ON EACH
 INDIVIDUAL WHO SEEKS PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS
 PROVISION, TO PROVIDE THAT AN ADULT GIVEN PERMISSION TO RIDE A SCHOOL BUS
 PURSUANT TO THIS PROVISION MUST POSSESS AND WEAR A PHOTO-IDENTIFICATION CARD
 CONTAINING CERTAIN INFORMATION, AND TO PROVIDE THAT INDIVIDUALS OTHER THAN
 SCHOOL STUDENTS MAY NOT BE CONSIDERED "LAWFUL OCCUPANTS" PURSUANT TO CERTAIN
 CIRCUMSTANCES.

   03/15/00  House  Introduced and read first time HJ-7
   03/15/00  House  Referred to Committee on Education and Public
                     Works HJ-7
   03/30/00  House  Recalled from Committee on Education and Public
                     Works HJ-29
   04/05/00  House  Read second time HJ-41
   04/06/00  House  Read third time and sent to Senate HJ-15
   04/06/00  Senate Introduced and read first time SJ-15
   04/06/00  Senate Referred to Committee on Education SJ-15
   04/19/00  Senate Committee report: Favorable Finance SJ-15
   04/20/00  Senate Read second time SJ-29
   04/20/00  Senate Unanimous consent for third reading on next
                     legislative day SJ-29
   04/24/00  Senate Read third time and enrolled SJ-1
   04/26/00         Ratified R 295
   05/01/00         Signed By Governor
   05/01/00         Effective date 05/01/00
   05/12/00         Copies available
   11/02/00         Act No. 440

A JOINT RESOLUTION TO PROVIDE THAT THE CHESTERFIELD COUNTY SCHOOL DISTRICT IS AUTHORIZED TO PILOT A PROGRAM TO DETERMINE THE FEASIBILITY OF USING SCHOOL BUS TRANSPORTATION AS PART OF A COORDINATED COMMUNITY SERVICE BY ALLOWING CERTAIN INDIVIDUALS TO RIDE STATE-OWNED SCHOOL BUSES OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS AND UNDER CERTAIN CIRCUMSTANCES, TO ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH NONSCHOOL-RELATED ACTIVITIES OR PROGRAMS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION IS NOT A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, TO PROVIDE THAT THE SCHOOL DISTRICT MUST OBTAIN A SLED BACKGROUND CHECK ON EACH INDIVIDUAL WHO SEEKS PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION, TO PROVIDE THAT AN ADULT GIVEN PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION MUST POSSESS AND WEAR A PHOTO-IDENTIFICATION CARD CONTAINING CERTAIN INFORMATION, AND TO PROVIDE THAT INDIVIDUALS OTHER THAN SCHOOL STUDENTS MAY NOT BE CONSIDERED "LAWFUL OCCUPANTS" PURSUANT TO CERTAIN CIRCUMSTANCES.

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

Chesterfield County School District

SECTION 1. (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 nonschool-related activity or program. The use of the state-owned school buses for these 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 is 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, the Chesterfield County School District 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 pursuant to the South Carolina Tort Claims Act.

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

Time effective

SECTION 2. This joint resolution takes effect upon approval by the Governor.

Ratified the 26th day of April, 2000.

Approved the 1st day of May, 2000.