South Carolina General Assembly
113th Session, 1999-2000

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Bill 4127


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

February 22, 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.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

To whom was referred a Bill (H. 4127), 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 in a state-owned school bus, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ 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 nonschool 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. /

Amend title to conform.

RONALD P. TOWNSEND, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

EXPLANATION OF IMPACT:

Enactment of this bill would have no direct impact on the General Fund of the State nor on federal and/or other funds. The State Department of Education would charge local school districts for mileage associated with non-school related activities and programs. This cost would be passed by the local school district to the entity requesting use of the school bus(s).

Approved By:

Don Addy

Office of State Budget

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.

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) 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. The board may also 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.

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

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