H*3627(Rat #0038, Act #0017 of 2009)  General Bill, By Miller and Anderson
 AN ACT TO AMEND SECTION 59-67-535, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE USE OF BOATS OPERATED BY THE STATE DEPARTMENT OF EDUCATION FOR
 THE TRANSPORTATION OF SCHOOL CHILDREN FROM ISLANDS TO MAINLAND SCHOOLS BY
 CERTAIN OTHER PERSONS, SO AS TO FURTHER PROVIDE FOR THE OPERATION OF THESE
 BOATS BY THE DEPARTMENT ON SANDY ISLAND, FOR USE OF THESE BOATS BY SPECIFIED
 PERSONS, AND THE PROCEDURES APPLICABLE FOR USE. - ratified title

   02/26/09  House  Introduced, read first time, placed on calendar
                     without reference HJ-108
   02/27/09         Scrivener's error corrected
   03/03/09  House  Read second time HJ-16
   03/04/09  House  Read third time and sent to Senate HJ-82
   03/04/09  Senate Introduced and read first time SJ-15
   03/04/09  Senate Referred to Committee on Education SJ-15
   03/05/09  Senate Recalled from Committee on Education SJ-2
   03/17/09  Senate Recommitted to Committee on Education SJ-23
   03/31/09  Senate Recalled from Committee on Education SJ-31
   04/01/09  Senate Amended SJ-26
   04/01/09  Senate Read second time SJ-26
   04/02/09  Senate Read third time and returned to House with
                     amendments SJ-10
   04/02/09         Scrivener's error corrected
   04/22/09  House  Concurred in Senate amendment and enrolled HJ-47
   04/22/09  House  Roll call Yeas-97  Nays-0 HJ-47
   04/30/09         Ratified R 38
   05/06/09         Vetoed by Governor
   05/13/09  House  Veto overridden by originating body Yeas-98 
                     Nays-0 HJ-35
   05/14/09  Senate Veto overridden Yeas-45  Nays-0
   05/20/09         Effective date 05/14/09
   06/01/09         Act No. 17

(A17, R38, H3627)

AN ACT TO AMEND SECTION 59-67-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF BOATS OPERATED BY THE STATE DEPARTMENT OF EDUCATION FOR THE TRANSPORTATION OF SCHOOL CHILDREN FROM ISLANDS TO MAINLAND SCHOOLS BY CERTAIN OTHER PERSONS, SO AS TO FURTHER PROVIDE FOR THE OPERATION OF THESE BOATS BY THE DEPARTMENT ON SANDY ISLAND, FOR USE OF THESE BOATS BY SPECIFIED PERSONS, AND THE PROCEDURES APPLICABLE FOR USE.

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

Operation of boats by department

SECTION    1.    Section 59-67-535 of the 1976 Code is amended to read:

"Section 59-67-535.    Boats operated by the State Department of Education for transportation of school children from Sandy Island to mainland schools also may be used to transport, on a space available basis only, any Sandy Island resident. A person requesting boat transportation shall present his residence verification to the employee or representative of the State Department of Education who is in charge of the particular boat.

The term 'resident' as used herein means a person with an official residential address on Sandy Island.

Use of these boats by residents 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 in every case shall be given priority of carriage. Provided, that other trips on the Sandy Island boat may be approved by the county school district, in which case the operations, logistics, and all costs shall be borne by the school district to the extent that funds are available. The school district may contract with a third party to operate the ferry and manage the logistics associated with the other trips. Persons who are not residents of Sandy Island may be allowed to be transported by the boat when accompanied by a resident.

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."

Time effective

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

Ratified the 30th day of April, 2009.

Vetoed by the Governor -- 5/6/09.

Veto overridden by House -- 5/13/09.

Veto overridden by Senate -- 5/14/09.