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COMMITTEE REPORT
April 19, 2000
H. 4783
S. Printed 4/19/00--S.
Read the first time April 6, 2000.
To whom was referred a Joint Resolution (H. 4783), 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, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
NIKKI G. SETZLER, for Committee.
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:
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.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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