BIL:4783

RTN:295

ACN:440

TYP:Joint Resolution JR

INB:House

IND:20000315

PSP:Harris

SPO:Harris, Lucas, Jennings and Neilson

DDN:l:\council\bills\ggs\22548cm00.doc

DPB:20000424

GOV:S

DGA:20000501

SUB:Chesterfield County School Districts, school bus transportation, pilot program allowing individuals to ride when space

HST:

BodyDateAction DescriptionComLeg Involved

______

------20001108Act No. A440

------20000501Signed by Governor

------20000426Ratified R295

Senate20000424Read third time, enrolled for

ratification

Senate20000420Read second time, unanimous

consent for third reading on

Monday, 20000424

Senate20000419Committee report: Favorable04 SED

Senate20000406Introduced, read first time,04 SED

referred to Committee

House20000406Read third time, sent to Senate

House20000405Read second time

House20000330Recalled from Committee21 HEPW

House20000315Introduced, read first time,21 HEPW

referred to Committee

Versions of This Bill

Revised on 20000330

Revised on 20000419

TXT:

(A440, R295, H4783)

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 STATEOWNED SCHOOL BUSES OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACEAVAILABLE BASIS AND UNDER CERTAIN CIRCUMSTANCES, TO ALLOW THE USE OF STATEOWNED SCHOOL BUSES IN CONJUNCTION WITH NONSCHOOLRELATED 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 PHOTOIDENTIFICATION 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

SECTION1.(A)For the 20002001, 20012002, 20022003 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 stateowned school bus operated on state Department of Education approved routes on a spaceavailable basis. However, an adult may not ride if any prehigh school students are present on the bus. The board also may allow the use of stateowned school buses in conjunction with a nonschoolrelated activity or program. The use of the stateowned school buses for these purposes must be in accordance with local school board policies and state laws. Any use of stateowned 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 stateowned school bus, on state Department of Education approved routes on a spaceavailable 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 stateowned school bus pursuant to this section must possess and wear a photoidentification 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 5967710 or 5967790.

Time effective

SECTION2.This joint resolution takes effect upon approval by the Governor.

Ratified the 26th day of April, 2000.

Approved the 1st day of May, 2000.

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