Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
As we pause, Almighty God, in the hushed moments of this prayer, may there come into our lives, a new awareness of Your presence, a more fervent love for Your way, and a more resolute determination to do Your will. Guide these Your servants in their deliberations and decisions of his day that the welfare of Your people may be enhanced. Grant Your light in the dark places and strength in our weakness. We offer this our prayer in praise and thanksgiving and also the unspoken prayers of our hearts. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of Albert Sturkie, father of former Representative C. Lenoir Sturkie, which was agreed to.
Document No. 2424
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 (3&6) and 59-39-100
Summer Programs
Received by Speaker of the House of Representatives
April 28, 1999
Referred to Education and Public Works Committee
Legislative Review Expiration August 26, 1999 (Subject to Sine Die Revision)
19990624 Revised Review Period Exp. Date 2000313
20000201 Committee Request Withdrawal
120 Day Period Tolled
20000216 Withdrawn and Resubmitted 20000328
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4441 (Word version) -- Reps. Cato, Cooper and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart and Emory: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4470 (Word version) -- Reps. Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, R. Smith, Taylor, Walker, Bowers, Edge, Koon, McKay, Tripp, T. Brown and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1108 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO SETTLEMENT BY AGREEMENT AND FINAL RELEASE AND RELATING TO REPORTING ATTORNEYS' FEES FOR APPROVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 565 (Word version) -- Senators Setzler, Moore, Leatherman and Leventis: A BILL TO AMEND CHAPTER 5, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, BY ADDING SECTION 29-5-440 SO AS TO PROVIDE FOR THE RIGHT TO SUE ON A PAYMENT BOND, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, FOR THE AMOUNT, OR BALANCE, UNPAID AT THE TIME OF INSTITUTING THE SUIT AND TO PROSECUTE THE ACTION TO FINAL EXECUTION AND JUDGMENT FOR THE SUM OR SUMS JUSTLY DUE; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO THE PROVISIONS FOR BOND AND SECURITY AND CONSTRUCTION SERVICES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE CERTAIN PROVISIONS RELATIVE TO THE RIGHT TO INSTITUTE SUITS ON PAYMENT BONDS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; TO AMEND SECTION 57-5-1660, AS AMENDED, RELATING TO THE STATE HIGHWAY SYSTEM, CONSTRUCTION CONTRACTS AND PURCHASES, AND AMOUNTS OF AND ACTIONS ON CONTRACTORS' BONDS, SO AS TO DELETE CERTAIN PROVISIONS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-120 SO AS TO PROVIDE FOR THE PROVISIONS APPLICABLE TO THE INSTITUTION OF A SUIT WHEN THE STATE OR A COUNTY, A MUNICIPALITY, OR A POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY CONTRACTS FOR CONSTRUCTION AND REQUIRES THE PERSON OR ENTITY PERFORMING THE WORK TO FURNISH A PAYMENT BOND, NOT GOVERNED BY CERTAIN OTHER PROVISIONS OF LAW, IN THE FULL AMOUNT OF THE CONTRACT FOR THE PROTECTION OF PERSONS WHO FURNISH LABOR OR MATERIAL TO THE CONTRACTOR OR HIS SUBCONTRACTORS FOR THE WORK SPECIFIED IN THE CONTRACT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4378 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4349 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 139 (Word version) -- Senators Peeler, Giese, Leventis, Russell and Reese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.
Ordered for consideration tomorrow.
On motion of Rep. FRYE, with unanimous consent, the following was taken up for immediate consideration:
H. 4624 (Word version) -- Rep. Frye: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BATESBURG-LEESVILLE HIGH SCHOOL FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, FEBRUARY 17, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE OCCASION OF WINNING THE 1999 CLASS AA HIGH SCHOOL STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Batesburg-Leesville High School Football Team, coaches, and other school officials on Thursday, February 17, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on the occasion of winning the 1999 Class AA High School State Championship.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 1138 (Word version) -- Senators McConnell, Ravenel and Passailaigue: A CONCURRENT RESOLUTION DECLARING THURSDAY, FEBRUARY 17, 2000, AS "HUNLEY DAY" IN SOUTH CAROLINA.
Whereas, on the night of February 17, 1864, the submarine H. L. Hunley and her nine brave crew members left from Breach Inlet in Charleston, South Carolina, and sailed into history when the Hunley became the first submarine to sink an enemy warship in battle by sinking the Union Sloop of War Housatonic; and
Whereas, this monumental achievement in the annals of maritime history earned the Hunley an important chapter in the histories of our State, nation, and the world; and
Whereas, the Wright brothers feat at Kitty Hawk ushered in the era of aviation and air technology as the voyage of the Hunley and its crew ushered in the era of underwater warfare and technological development; and
Whereas, after the attack, a signal was received by the battery at Breach Inlet that the Hunley's attack was successful and the Hunley was beginning her journey home but she was never heard from again; and
Whereas, the journey home was never completed after it set out for home that fateful night; and
Whereas, the mystery surrounding the fate and location of the Hunley culminated after over one hundred thirty years when author Clive Cussler notified the world that he and his team had located the site of the Hunley off the coast of Charleston; and
Whereas, the bravery, ingenuity, and sacrifice that are the hallmark of the story of the Hunley resonate as loudly now to this generation as they did then and will serve as a wonderful testament to the generations that follow; and
Whereas, the discovery and story of the Hunley have excited the interest of people all across America and around the world and resulted in the filming of a movie in South Carolina on the Hunley; and
Whereas, the State of South Carolina's Hunley Commission, the United States Navy, and the Friends of the Hunley have begun the process of raising funds to complete the journey started on that winter's night in 1864, the journey to bring the Hunley and her crew home so that the crew can be interred on South Carolina soil like the two previous crews of the Hunley. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, declare Thursday, February 17, 2000, as "Hunley Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Hunley Commission, the United States Navy, and the Friends of the Hunley.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4625 (Word version) -- Reps. Fleming, Altman, Barfield, Davenport, Gilham, Klauber, Leach, Littlejohn, Rice, Rodgers, Sandifer, Simrill, Stille, Taylor, Webb, Whatley and Wilder: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AGAINST PERSONS CONVICTED OF CRIME, BY ADDING ARTICLE 6 SO AS TO ENACT THE "NO PROFIT FROM CRIME ACT" WHICH SHALL PROVIDE PROCEDURES FOR THE RECOVERY OF PROFITS GENERATED FROM THE COMMISSION OF A CRIME BY THE OFFENDER OR THE LAW ENFORCEMENT OFFICIAL WHO INVESTIGATED OR PROSECUTED THE CRIME IN QUESTION, AND TO PROVIDE PROCEDURES FOR THE PROFITS TO BE DIVIDED AMONG ELIGIBLE PERSONS OR BY THE STATE OFFICE OF VICTIM ASSISTANCE; TO REPEAL SECTIONS 15-59-40 THROUGH 15-59-80, RELATING TO MONIES PAID INTO COURT; AND TO PROVIDE THIS ACT APPLIES TO THE RECOVERY OF PROFITS FROM CRIMES COMMITTED SINCE JANUARY 1, 1992.
Rep. FLEMING asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. HARRISON objected.
Referred to Committee on Judiciary
H. 4626 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY, TO DEFINE "COMMODITY" AND "UNCONSCIONABLE PRICE", TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS.
Referred to Committee on Labor, Commerce and Industry
H. 4627 (Word version) -- Reps. R. Smith and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-665 SO AS TO PROVIDE THAT AN ABSENCE FROM WORK BY A STATE EMPLOYEE SOLELY DUE TO A WORKPLACE CLOSING OR STAFFING REDUCTION ORDERED BY THE GOVERNOR IN THE DECLARATION OF A STATE OF EMERGENCY IS NOT CONSIDERED AN ABSENCE FOR PURPOSES OF ANNUAL OR OTHER CATEGORIES OF LEAVE ALLOWED STATE EMPLOYEES AND TO MAKE THIS PROVISION RETROACTIVE TO THE SEPTEMBER, 1999, HURRICANE FLOYD EMERGENCY DECLARATION.
Referred to Committee on Ways and Means
H. 4628 (Word version) -- Reps. Klauber and Taylor: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO MUNICIPAL, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.
Referred to Committee on Ways and Means
H. 4629 (Word version) -- Reps. Keegan, Edge, Barfield and Witherspoon: A BILL TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE COLLEGES AND UNIVERSITIES OF THIS STATE; SECTION 59-101-185, RELATING TO GOVERNING BOARDS OF SPECIFIED STATE INSTITUTIONS OF HIGHER LEARNING AUTHORIZED TO MAINTAIN FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS; SECTION 59-107-10, RELATING TO THE DEFINITION OF STATE INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ISSUING STATE INSTITUTION BONDS; AND SECTION 59-112-10, RELATING TO THE DEFINITION OF STATE POST-SECONDARY INSTITUTIONS FOR PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO INCLUDE COASTAL CAROLINA UNIVERSITY WITHIN THESE DEFINITIONS AND LISTINGS, AND TO UPDATE THE NAMES OF OTHER INSTITUTIONS.
Referred to Committee on Education and Public Works
S. 1026 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION 38-61-25 SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR EXEMPT COMMERCIAL POLICIES, CONTRACTS, AND CERTIFICATES; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE PURPOSE OF THE CHAPTER REGULATING PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATE-MAKING ORGANIZATIONS, SO AS TO INCLUDE IN THESE PURPOSES PROVIDING FOR REASONABLE COMPETITION AMONG COMMERCIAL PROPERTY AND CASUALTY INSURERS OF INSUREDS MAKING LARGE INSURANCE PURCHASES; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH AS AMENDED, AND BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT LARGE COMMERCIAL POLICIES FROM THIS REQUIREMENT; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROCEDURES FOR OBTAINING A RATE INCREASE, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THESE PROCEDURES.
Referred to Committee on Labor, Commerce and Industry
S. 1027 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND TO PROVIDE FOR THE AVAILABILITY OF PROTECTED CELL ASSETS TO CREDITORS AND OTHER CLAIMANTS.
Referred to Committee on Labor, Commerce and Industry
S. 1087 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 44-77-50, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO DECLARATION OF DESIRE FOR A NATURAL DEATH, SO AS TO CLARIFY THAT A PERSON WHO HAS EXECUTED A DECLARATION OF DESIRE FOR A NATURAL DEATH MAY RECEIVE MEDICATION FOR THE ALLEVIATION OF PAIN.
Referred to Committee on Judiciary
The following was introduced:
H. 4630 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND SERGEANT MARK JONES OF THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT FOR HIS DEDICATED SERVICE TO THE PEOPLE OF LEXINGTON COUNTY AND SOUTH CAROLINA AS A LAW ENFORCEMENT OFFICER, AND TO CONGRATULATE HIM ON THIS SPECIAL OCCASION OF HIS BEING SELECTED AS DEPUTY OF THE YEAR BY THE LEXINGTON COUNTY SHERIFF'S FOUNDATION.
The Resolution was adopted.
The following was introduced:
H. 4631 (Word version) -- Reps. Cato and Loftis: A HOUSE RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO CUSTODIAN ALFONSO "FONZIE" BROWN FOR THIRTY-EIGHT YEARS OF DEDICATED SERVICE TO THE STUDENTS, FACULTY, AND STAFF OF TRAVELERS REST HIGH SCHOOL.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Rhoad Rice Riser Robinson Rutherford Sandifer Scott Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, February 16.
Floyd Breeland Jackson Whipper Robert Sheheen Douglas Jennings Joseph Neal Bill Cotty Larry Koon Anthony Harris Edie Rodgers
LEAVE OF ABSENCE
The SPEAKER granted Rep. SEITHEL a leave of absence to attend a funeral.
The SPEAKER granted Rep. COOPER a leave of absence due to family reasons.
Rep. T. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 15.
Announcement was made that Dr. Thomas C. Rowland of Columbia is the Doctor of the Day for the General Assembly.
Reps. SANDIFER and BARRETT presented to the House the Seneca High School "Lady Cats" Softball Team, the 1999 Class AAA State Softball Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4608 (Word version)
Date: ADD:
02/16/00 J. M. NEAL
Bill Number: H. 4608 (Word version)
Date: ADD:
02/16/00 EMORY
The following Joint Resolutions and Bill were taken up, read the second time, and ordered to a third reading:
H. 4287 (Word version) -- Reps. Barfield, Kelley and Witherspoon: A JOINT RESOLUTION TO PROVIDE THAT ANY SCHOOL DAYS MISSED IN 1999 BY THE STUDENTS OF ANY SCHOOL OF THE HORRY COUNTY SCHOOL SYSTEM DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND THE FLOODING THAT FOLLOWED ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4600 (Word version) -- Reps. Jennings and Harris: A JOINT RESOLUTION TO PROVIDE THAT AT THE DISCRETION OF THE BOARD OF TRUSTEES OF THE MARLBORO COUNTY SCHOOL DISTRICT, UP TO FOUR SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DISTRICT DURING THE MONTHS OF SEPTEMBER, 1999, AND JANUARY, 2000, WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4604 (Word version) -- Reps. Stuart, Cobb-Hunter and Govan: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO TEACHER IN-SERVICE TRAINING DAYS FOR TEACHERS OF ANY SCHOOL IN ORANGEBURG CONSOLIDATED SCHOOL DISTRICT 4 FOR SCHOOL YEAR 1999-2000 WHICH WERE MISSED DUE TO HURRICANE FLOYD ARE FORGIVEN AND ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4609 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2000, BY THE STUDENTS OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4613 (Word version) -- Reps. Delleney, McCraw and Wilkes: A JOINT RESOLUTION TO PROVIDE THAT UP TO FIVE SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE CHESTER COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 4614 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO LICENSING PROVISIONS FOR EMBALMERS, FEES, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2489, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BREELAND explained the Joint Resolution.
S. 1121 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 25-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE PRISONER OF WAR COMMISSION, SO AS TO REDUCE THE NUMBER OF REQUIRED MEETINGS FROM THREE TO TWO YEARLY.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 418 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR E-911 SERVICES, SO AS TO ESTABLISH THE AMOUNT OF THE LEVY FOR EACH CMRS CONNECTION AT THE SAME RATE AS THE AVERAGE MONTHLY LOCAL EXCHANGE ACCESS FACILITY 911 CHARGE, AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE RESPONSIBILITIES OF THE COMMITTEE AND TO DELETE THE COMMITTEE'S SCHEDULED TERMINATION DATE OF AUGUST 1, 2001.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4271 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 56-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, RENTAL RATES, AND PERMITTED AND PROHIBITED CHARGES, SO AS, AMONG OTHER THINGS, TO ELIMINATE THE PROHIBITION UPON A RENTAL COMPANY OF CHARGING AN ADDITIONAL FEE AS A CONDITION OF RENTING, INCLUDING, BUT NOT LIMITED TO, FUEL SURCHARGES, TO ELIMINATE THE REQUIREMENT THAT THE MEANS OF AVOIDING AIRPORT SURCHARGES MUST BE DISCLOSED CLEARLY AND CONSPICUOUSLY IN ALL ADVERTISEMENTS OF A RENTAL RATE TO WHICH AIRPORT SURCHARGES MAY APPLY, AND TO PROVIDE THAT ONLY AIRPORT FEES THAT ARE REMITTED TO THE AIRPORT MANAGEMENT ARE PERMITTED TO BE SEPARATELY STATED AND COLLECTED.
The following Bill was taken up:
S. 494 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3694MM00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . Section 38-71-46(A) of the 1976 Code, as added by Act 98 of 1999, is amended to read:
"(A) On or after January 1, 2000, every health maintenance organization, individual and group health insurance policy, or contract issued or renewed in this State shall must provide coverage for the equipment, supplies, Food and Drug Administration-approved medication indicated for the treatment of diabetes, and outpatient self-management training and education for the treatment of people with diabetes mellitus, if medically necessary, and prescribed by a health care professional who is legally authorized to prescribe such items by law and who demonstrates adherence to minimal standards of care for diabetes mellitus as adopted and published by the Diabetes Initiative of South Carolina. This subsection does not prohibit a health maintenance organization or an individual or a group health insurance policy from providing coverage for medication according to formulary or using network providers." /
Renumber sections to conform.
Amend title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3555 (Word version) -- Reps. Allison and Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-95 SO AS TO MAKE IT UNLAWFUL AND A FELONY TO INFLICT OR TO KNOWINGLY ALLOW A PERSON TO INFLICT GREAT BODILY HARM UPON A CHILD AND TO PROVIDE PENALTIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11731AC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-3-85 of the 1976 Code, as added by Act 412 of 1992, is amended to read:
"Section 16-3-85. (A) A person is guilty of homicide by child abuse who if the person:
(1) causes the death of a child under the age of eleven while committing child abuse or neglect, as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life; or
(2) knowingly aids and abets another person to commit child abuse or neglect, as defined in Section 20-7-490 and the child abuse or neglect results in the death of a child under the age of eleven.
(B) For purposes of this section, the following definitions apply:
(1) 'child abuse or neglect' means an act or omission by any person which causes harm to the child's physical health or welfare.
(2) 'harm' to a child's health or welfare occurs when a person:
(a) inflicts or allows to be inflicted upon the child physical injury, including injuries sustained as a result of excessive corporal punishment;
(b) fails to supply the child with adequate food, clothing, shelter, or health care, and the failure to do so causes a physical injury or condition resulting in death; or
(c) abandons the child resulting in the child's death.
(B)(C) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for life but not less than a term of twenty years; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(C)(D) In sentencing a person under this section, the judge shall must consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, and any mitigating circumstances; however, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-95. (A) It is unlawful to:
(1) inflict great bodily injury upon a child; or
(2) knowingly allow another person to inflict great bodily injury upon a child.
(B) A person who violates:
(1) subsection (A)(1) is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years; or
(2) subsection (A)(2) is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) For purposes of this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious or permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(D) This section may not be construed to prohibit corporal punishment or physical discipline which is administered by a parent or person in loco parentis in a manner which does not cause great bodily injury upon a child.
(E) This section does not apply to traffic accidents unless the accident was caused by the driver's reckless disregard for the safety of others."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
Reps. SCOTT, COBB-HUNTER, LLOYD, HOSEY, BALES, MOODY-LAWRENCE, R. SMITH, SHARPE, MACK, PERRY, LANFORD and ALLISON requested debate on the Bill.
The following Bill was taken up:
H. 4469 (Word version) -- Reps. D. Smith, Harrison, Cotty, Delleney, Maddox and McGee: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING SECTION 16-13-550 ENTITLED THE "PERSONAL INFORMATION PRIVACY ACT OF 2000" SO AS TO PROVIDE FOR THE OFFENSE OF IDENTITY FRAUD WHICH IS THE KNOWING ACCESS TO, RELEASE, DISCLOSURE, OR USE OF PERSONAL INFORMATION ABOUT AN INDIVIDUAL WITHOUT OBTAINING THE PRIOR WRITTEN AUTHORIZATION OF THE INDIVIDUAL; TO PROVIDE PENALTIES; AND TO PROVIDE FOR A JOINT LEGISLATIVE STUDY COMMITTEE TO STUDY PERSONAL INFORMATION PRIVACY ISSUES, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THE STUDY COMMITTEE SHALL REPORT TO THE GENERAL ASSEMBLY BY OCTOBER 15, 2000.
Rep. KLAUBER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3863 (Word version) -- Reps. Campsen, Altman, Barrett, Beck, Davenport, Delleney, Easterday, Gilham, Hamilton, Haskins, Klauber, Leach, Loftis, Mason, Rice, Robinson, Sharpe, Simrill, R. Smith, Taylor and Vaughn: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4615 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 25-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE PRISONER OF WAR COMMISSION, SO AS TO REDUCE THE NUMBER OF REQUIRED MEETINGS FROM THREE TO TWO YEARLY.
Rep. G. BROWN moved to table the Bill, which was agreed to.
Rep. SCOTT withdrew his request for debate on the following Bill:
S. 494 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS.
The following Concurrent Resolution was taken up:
H. 4509 (Word version) -- Reps. Fleming and Hawkins: A CONCURRENT RESOLUTION TO DIRECT THE UNION COUNTY VETERANS AFFAIRS OFFICE TO PLACE A MARKER AT THE JUNCTION OF HIGHWAY 114 AND TUMP SMITH ROAD IN UNION COUNTY TO RECOGNIZE AND COMMEMORATE THE RESTORED GRAVESITE OF THE COURAGEOUS REVOLUTIONARY WAR SCOUT, JAMES THOMAS (OLD HI-KY) MOSELEY.
Whereas, James Thomas (Old Hi-Ky) Moseley was a Revolutionary War scout and experienced hunter and woodsman from the Pacolet in the vicinity of Grindal Shoals, whose grave, located in Union County, is being restored as an Eagle Scout project by a Spartanburg student named Bart Littlejohn; and
Whereas, according to the "Roster of South Carolina Patriots in the American Revolution" published in 1983 by Bobby Gilmer Moss, James Thomas Moseley, born in Virginia in 1756, entered his military service from the Union District during June, 1776, and was sent against the Cherokee Indians under Captain Zacheriah Bullock, Colonel John Thomas and General Williamson. He served under many other officers through late 1782. He went up against the Indians in several skirmishes and one battle. He was at the taking of Orangeburg, the siege of Granby, and the battle at Moncks Corner; and
Whereas, he was renowned for his scouting abilities and always traveled on foot according to historical accounts; he knew neither fear nor danger, and had many hair-breadth escapes; he was once sent from the High Hills by way of Sumter to deliver valuable information and goods to Colonel Tom Taylor in Columbia and was successful in this endeavor; and
Whereas, according to "A History of the Upper Country of South Carolina from the Earliest Periods to the Close of the War of Independence" published in 1854 by John H. Logan, and "History of Grindal Shoals", published in 1921 by Reverend J. D. Bailey, James Thomas Moseley associated with the celebrated Daniel Boone at a tender age and was prepared to join him on an expedition to Kentucky when James' father pleaded with him not to go because of his youth; and
Whereas, one well-known and recounted adventure of Moseley's before the Revolutionary War demonstrated his prowess as a hunter and woodsman. One day Moseley hunted down a small deer and was returning home with it on his shoulders. Wolves got the scent of deer blood and trailed Moseley, ready to jump him and the deer. To save himself and the deer, he threw the deer into a nearby creek and climbed a nearby post oak tree. The wolves circled the tree all night. When asked why he did not shoot the wolves since he had his rifle in hand, he replied that he wanted to shoot only the leader of the pack. When dawn arrived and he could single out the leader, he shot it and the rest of the wolves retreated to their dens; the tree he climbed was known throughout the surrounding country as Moseley's Oak; and
Whereas, Moseley was known in the region only as "Old Hi-Ky". This was a contraction of High-Key, a name he acquired because of his high pitched voice; and
Whereas, after the Revolutionary War, Moseley was a blacksmith by trade, and a neighborhood tooth puller. Historical accounts state he had a daughter by his second wife when he was eighty years old and that he died at age eighty-four. He was a good citizen and very well thought of by his neighbors. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Union County Veterans Affairs Office is directed to place a permanent historical marker at the junction of Highway 114 and Tump Smith Road in Union County to recognize and commemorate the restored gravesite of the courageous Revolutionary War scout, James Thomas (Old Hi-Ky) Moseley.
Be it further resolved that a copy of this resolution be forwarded to the Union County Veterans Affairs Office, Union, South Carolina, and to Bart Littlejohn, 310 Greentree Court, Spartanburg, South Carolina 29302, who is restoring James Thomas Moseley's gravesite as his Eagle Scout project.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4368 (Word version) -- Reps. Davenport, Vaughn and Altman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS THAT CONTAIN THE CAPTION "SHERMAN COLLEGE" AND THAT INDICATE THE DIRECTION TO THE COLLEGE ON INTERSTATE 26 AT EXITS 15 AND 16, AND ON INTERSTATE 85 AT EXIT 72.
Whereas, signs on interstate highways benefit the driver who is not familiar with the route or the area; and
Whereas, the City of Spartanburg is blessed with a number of institutions of higher learning; and
Whereas, there are no directional signs on the interstates to aid the traveler driving to Sherman College; and
Whereas, the City of Spartanburg would benefit from signs on Interstate 26 and Interstate 85 at the three interchanges leading to Sherman College to indicate the direction to the college to the passing driver. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation place signs that contain the caption "Sherman College" and that indicate the direction to the college on Interstate 26 at exits 15 and 16, and on Interstate 85 at exit 72.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. TROTTER.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, Kirsh, McGee and Meacham-Richardson: A BILL TO AMEND SECTION 59-40-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.
Rep. T. BROWN proposed the following Amendment No. 24 (Doc Name COUNCIL\NBD\AMEND\11751SOM00), which was tabled:
Amend the bill, as and if amended, in Section 59-140-130(B) as contained in SECTION 1, on page (4336-11) line 27 by adding after /contribution/, and inserting:
/all insurance and other retirement contributions./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. OTT proposed the following Amendment No. 25 (Doc Name COUNCIL\PT\AMEND\1857DW00), which was tabled:
Amend the committee report, as and if amended, page 4336-13, beginning on line 15, by striking /If the student transfers to a charter school outside his district of residence, the school district where the child resides shall pay to the charter school where the child is transferring an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting pursuant to Section 59-20-40 of the Education Finance Act. /
Amend title to conform.
Rep. OTT explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. LLOYD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cotty Dantzler Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Hinson Huggins Keegan Kelley Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin McGee McKay Meacham-Richardson Perry Rice Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Taylor Townsend Walker Webb Whatley Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Brown, G. Brown, T. Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Kirsh Lee Lloyd Lourie Mack McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Stille Stuart Whipper Wilder Woodrum
So, the amendment was tabled.
Rep. T. BROWN proposed the following Amendment No. 26 (Doc Name COUNCIL\NBD\AMEND\11755AC00), which was tabled:
Amend the bill, as and if amended, Section 59-40-40 page (4336-3), by deleting lines 14 through 16 and inserting:
/(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school a high school diploma or G.E.D./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 27 (Doc Name COUNCIL\GJK\AMEND\20984SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(B)(5) by inserting immediately after /staff/ on line 7, page 4336-4, /at least seventy-five percent of the authorized noncertified teaching staff must have college degrees from an accredited four-year institution /
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 28 (Doc Name COUNCIL\GJK\AMEND\20985SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(B)(5) by inserting immediately after /staff/ on line 7, page 4336-4, /at least fifty percent of the authorized noncertified teaching staff must have college degrees from an accredited four-year institution /
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 29 (Doc Name COUNCIL\GJK\AMEND\20986SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(B)(5) by inserting immediately after /staff/ on line 7, page 4336-4, /at least one-third of the authorized noncertified teaching staff must have college degrees from an accredited four-year institution /
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 30 (Doc Name COUNCIL\GJK\AMEND\20987SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(B)(5) by inserting immediately after /teach/ on line 12, page 4336-4, /. all part-time noncertified teachers must have a college degree from an accredited four-year institution /
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 31 (Doc Name COUNCIL\GJK\AMEND\20988SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(B)(6) by inserting immediately after /administration/ on line 15, page 4336-4, /, and the chief operating officer of the charter school is also required to be certified in the field of school administration /
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN explained the amendment.
Rep. WALKER spoke against the amendment.
Rep. EASTERDAY moved to table the amendment.
Rep. T. BROWN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harris Hawkins Hinson Huggins Keegan Kirsh Klauber Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McKay Meacham-Richardson Perry Rhoad Rice Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Battle Breeland Brown, G. Brown, T. Carnell Clyburn Cobb-Hunter Gourdine Harvin Hines, J. Hines, M. Hosey Howard Inabinett Lloyd Mack McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neilson Parks Pinckney Rutherford Scott Whipper
So, the amendment was tabled.
Rep. T. BROWN proposed the following Amendment No. 32 (Doc Name COUNCIL\GJK\AMEND\20989SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(B)(7) by inserting immediately after /district/ on line 17, page 4336-4, / who live within the public school attendance zone within which the charter school is located/
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN explained the amendment.
Rep. WALKER moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 33 (Doc Name COUNCIL\NBD\AMEND\11759AC00), which was tabled:
Amend the bill, as and if amended, Section 59-40-50(B)(5) page (4336-4) line 6 by deleting / ten percent/ and inserting /ten percent seventy-five percent/
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 34 (Doc Name COUNCIL\NBD\AMEND\11761AC00), which was tabled:
Amend the bill, as and if amended, Section 59-40-50(B)(5) page (4336-4) line 6 by deleting / ten percent/ and inserting /ten percent thirty-three percent/
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 35 (Doc Name COUNCIL\NBD\AMEND\11762AC00), which was tabled:
Amend the bill, as and if amended, Section 59-40-50(B)(5) page (4336-4) line 6 by deleting / ten percent/ and inserting /ten percent twenty-five percent/
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 36 (Doc Name COUNCIL\NBD\AMEND\11760AC00), which was tabled:
Amend the bill, as and if amended, Section 59-40-50(B)(5) page (4336-4) line 6 by deleting / ten percent/ and inserting /ten percent fifty percent/
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 37 (Doc Name COUNCIL\PT\AMEND\1859SOM00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-60(F)(8) as contained in SECTION 1, on page 4336-6, lines 31-35 by striking (8) in its entirety and inserting:
/ (8) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district; /
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bowers Brown, H. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Frye Gamble Gilham Hamilton Harrell Harris Harrison Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Martin McCraw McGee McKay Meacham-Richardson Perry Phillips Rice Riser Robinson Sandifer Sheheen Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Breeland Brown, J. Brown, T. Carnell Clyburn Cobb-Hunter Emory Gourdine Govan Harvin Hines, M. Hosey Howard Inabinett Jennings Lee Lourie Lucas Mack McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Parks Pinckney Rutherford Scott Smith, F. Smith, J. Whipper
So, the amendment was tabled.
Rep. MILLER proposed the following Amendment No. 38 (Doc Name COUNCIL\PT\AMEND\1860SOM00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-145 as contained in SECTION 1, on page 4336-13, line 22, by adding after the /./ the following:
/ Any child so transferring must obtain the release of the school district in which he resides, as well as the release of the district in which the charter school is located. /
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Brown, H. Campsen Cato Chellis Dantzler Davenport Delleney Easterday Edge Frye Gamble Hamilton Harrell Harrison Hinson Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis McCraw McGee McKay Meacham-Richardson Neilson Perry Phillips Rice Riser Robinson Sandifer Simrill Smith, D. Smith, R. Taylor Townsend Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Bailey Bales Battle Bowers Breeland Brown, J. Brown, T. Carnell Clyburn Emory Gourdine Govan Harvin Hines, J. Hines, M. Hosey Inabinett Jennings Lee Lloyd Lourie Mack Maddox McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Scott Smith, J. Stuart Whipper Wilder
So, the amendment was tabled.
Reps. ROBINSON, EASTERDAY and CAMPSEN proposed the following Amendment No. 42 (Doc Name NBD\11766AC00), which was adopted:
Amend the amendment number 15 bearing document number NBD\11749AC00, as and if amended, by deleting /district/ and inserting /charter school/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\20968SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(B)(7) page 4336-4, by adding at the end of the subitem /. A charter school established in a school district shall reflect the racial composition of the school population in the public schools of the school district;/
Renumber sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE moved to table the amendment, which was agreed to.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\AMEND\20950SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-40, by striking item 6 which begins on line 14, page 4336-3;
Amend the bill further, as and if amended, by striking item 5, subsection (B) of Section 59-40-50 which begins on line 3, page 4336-4 and inserting:
/(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. Part-time noncertified teachers shall be considered pro rata in calculating this percentage based on the hours which they are expected to teach hire in its discretion teachers for its teaching staff all of whom must be certified teachers as defined by this chapter;/
Amend the bill further, as and if amended, in Section 59-40-50(B)(6), line 14, page 4336-4, by striking /At least one of the administrative staff must be certified in the field of school administration;/ and inserting /All administrative staff must be certified in the field of school administration;/
Amend the bill further, as and if amended, in Section 59-40-50(E)(2) by striking /whether certified or noncertified/ as contained in Section 59-40-60, line 33, page 4336-5;
Renumber sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. WALKER spoke against the amendment.
Rep. MOODY-LAWRENCE spoke in favor of the amendment.
Rep. WALKER moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Brown, H. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee McKay Meacham-Richardson Perry Phillips Rice Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stuart Taylor Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bales Battle Breeland Brown, G. Brown, J. Brown, T. Carnell Clyburn Cobb-Hunter Emory Gourdine Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Mack McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Parks Rutherford Smith, F. Smith, J. Whipper
So, the amendment was tabled.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\AMEND\20951SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(B)(7) beginning on line 19, page 4336-4, by striking / However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent. / and inserting / However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE moved to table the amendment, which was agreed to.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\AMEND\20952SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-50(B)(7) by inserting after /limitations./ on line 18, page 4336-4 /The academic achievement level of a student shall not be a factor in determining a student's eligibility to attend a charter school./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE moved to table the amendment, which was agreed to.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 7 (Doc Name COUNCIL\GJK\AMEND\20953SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-60(F)(9) by inserting after /pupils;/ on line 37, page 4336-6 / . Public transportation or transportation without cost shall be provided or made available to all students attending a charter school; /
Renumber sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bowers Brown, G. Brown, H. Campsen Carnell Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Frye Gamble Hamilton Harrell Harrison Hawkins Hinson Huggins Keegan Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas McCraw McGee McKay Meacham-Richardson Neilson Ott Phillips Rice Riser Robinson Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Breeland Brown, J. Brown, T. Clyburn Cobb-Hunter Emory Gourdine Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Mack Maddox McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Parks Rutherford Smith, F. Whipper
So, the amendment was tabled.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\AMEND\20954SD00), which was tabled:
Amend the bill, as and if amended, in Section 59-40-145 which begins on line 13,page 4336-13, by adding at the end:
/The school districts involved above together with the charter school shall provide for the manner in which these students shall be furnished transportation to the charter school outside their district of residence. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Carnell Cato Chellis Dantzler Delleney Edge Fleming Frye Gamble Hamilton Harrell Harrison Hinson Huggins Keegan Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McKay Meacham-Richardson Neilson Perry Phillips Rice Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Battle Breeland Brown, J. Brown, T. Cobb-Hunter Gourdine Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Mack McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Parks Rutherford Smith, F. Whipper
So, the amendment was tabled.
Reps. RODGERS and GILHAM proposed the following Amendment No. 9 (Doc Name NBD\AMEND\11740DW00), which was tabled:
Amend the committee report, as and if amended, page 4336-13, by deleting Section 59-40-145 on lines 13 through 22.
Renumber sections to conform.
Amend totals and title to conform.
Rep. GILHAM moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 10 (Doc Name COUNCIL\NBD\AMEND\11736AC00), which was tabled:
Amend the committee report, as and if amended, by deleting Section 59-40-145 on page 4336-13, lines 13-22.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 19 (Doc Name COUNCIL\PT\AMEND\1853DW00), which was adopted:
Amend the committee report, as and if amended, page 4336-7, line 24, after /board/ by striking /may/ and inserting / shall /
Amend title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
Rep. T. BROWN proposed the following Amendment No. 39 (Doc Name COUNCIL\NBD\AMEND\11764AC00), which was tabled:
Amend the bill, as and if amended, Section 59-40-100(B) page (4336-9) by deleting lines 33 through 37 and inserting:
/(B) A converted charter school shall offer at least all the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings when approved by the local school district and the State Board of Education./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN explained the amendment.
Rep. WALKER moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 24.
Rep. MILLER proposed the following Amendment No. 40 (Doc Name COUNCIL\NBD\AMEND\11765SOM00), which was tabled:
Amend the bill, as and if amended, Section 59-40-50(5), page [4336-4] line 4 by striking /twenty-five/ and inserting /twenty-five ten/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER moved to table the amendment, which was agreed to.
Rep. F. SMITH proposed the following Amendment No. 41 (Doc Name COUNCIL\PT\AMEND\1852DW00), which was tabled:
Amend the committee report, as and if amended, page 4336-14, by inserting immediately after line 42:
/ Section 59-40-195. Charter school appropriations may not impose a significant financial burden on the local school district to carry out its mission to educate pupils enrolled in its traditional public schools. /
Amend title to conform.
Rep. F. SMITH moved to table the amendment, which was agreed to.
Reps. TOWNSEND, WALKER and WILKINS proposed the following Amendment No. 43 (Doc Name GJK\AMEND\20990SD00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 40, Title 59 of the 1976 Code is amended to read:
Section 59-40-10. This chapter is known and may be cited as the 'South Carolina Charter Schools Act of 1996'.
Section 59-40-20. This chapter is enacted to:
(1) improve student learning;
(2) increase learning opportunities for students;
(3) encourage the use of a variety of productive teaching methods;
(4) establish new forms of accountability for schools;
(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
(6) assist South Carolina in reaching academic excellence.
Section 59-40-30. In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued, and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.
Section 59-40-40. As used in this chapter:
(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter.
(2) A charter school:
(a) is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution;
(b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected in the manner as provided in Section 59-40-50(B)(8)(9);
(d) shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.
(3) 'Applicant' means the person who desires to form a charter school and files the necessary application therefor with the local school board of trustees. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.
(4) 'Sponsor' means the local school board of trustees established as provided by law, from which the charter school applicant requested its charter, and which granted approval for the charter school's existence.
(5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115.
(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school.
(7) 'Charter committee' means the governing body of a charter school and also shall be formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation which must be organized as the governing body and the charter committee is dissolved.
Section 59-40-50. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.
(B) A charter school shall must:
(1) adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district;
(2) meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district;
(3) adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;
(4) be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity shall does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools shall must be relieved of personal liability for any tort or contract related to their school to the same extent that employees of traditional public schools in their school district are relieved;
(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, teachers teaching in the core academic areas of English/language arts, mathematics, science, or social studies must be certified in those areas. Part-time noncertified teachers shall be are considered pro rata in calculating this percentage based on the hours which they are expected to teach;
(6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified in the field of school administration;
(6)(7) admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent. If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall must be accepted by lot, and there is no appeal to the sponsor;
(7)(8) not limit or deny admission or any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, and children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty-five percent of the enrollment of the charter school;
(8)(9) elect its governing body board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school shall be are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school. At all times, the governing body of the charter school shall must include one or more teachers;
(9)(10) be subject to the Freedom of Information Act, including the charter school and its governing body.
(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees. The decision shall be is binding on the student and the charter school.
(2) If a charter school suspends or expels a student, the school district shall have has the authority but not the obligation to refuse admission to the student.
(3) The sponsor shall have has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school.
Section 59-40-60. (A) An approved charter application constitutes an agreement, and the terms shall must be the terms of a contract between the charter school and the sponsor.
(B) The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.
(C) A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.
(D) Except as provided in subsection (F), an applicant who wishes to form a charter school shall:
(1) organize the charter school as a nonprofit corporation under pursuant to the laws of this State;
(2) form a charter committee for the charter school which includes one or more teachers;
(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school will is to be located.
(E) A charter committee shall be is responsible for and have has the power to:
(1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;
(2) employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers as provided by law before they may teach in the charter school; and
(3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.
(F) The charter school application shall be a proposed contract and shall must include:
(1) the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes as set forth in pursuant to Section 59-40-20;
(2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;
(3) evidence that an adequate number of parents, teachers, pupils, or any combination thereof of them support the formation of a charter school;
(4) a description of the charter school's educational program, pupil achievement standards, and curriculum, which must meet or exceed any content standards adopted by the school district in which the charter school is located and must be designed to enable each pupil to achieve these standards;
(5) a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action in the event if that pupil achievement falls below the standards;
(6) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;
(7) a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;
(8) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district provide assurance that the school does not conflict with any school district desegregation plan or order in effect;
(9) a description of how the charter school plans to meet the transportation needs of its pupils;
(10) a description of the building, facilities, and equipment and how they shall be are obtained;
(11) an explanation of the relationship that shall exist exists between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;
(12) a description of a reasonable grievance and termination procedure as required by this chapter, including notice and a hearing before the governing body of the charter school. The application shall must state whether or not the provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at the charter school;
(13) a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school prior to before expulsion;
(14) an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school will must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and
(15) a description of the types and amounts of insurance coverage to be obtained by the charter school.
Section 59-40-70. (A) The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school district or board finds determines the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant.
(B) After giving reasonable public notice, the local school board shall hold community meetings in the affected areas or the entire school district to obtain information to assist it in their decision to grant a charter school application. The local school board shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within ninety days after receiving the application. If there is no ruling within ninety days, the application is considered approved.
(C) A local school board of trustees shall only deny an application only if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects other students in the district. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall must be sent to the charter committee and filed with the State Board of Education.
(D) If the local school board of trustees denies a charter school application, the charter applicant may amend its application to conform with the reasons for denial and reapply to the local board, which has thirty days to approve or deny the application, or may appeal the denial to the State Board of Education pursuant to Section 59-40-90.
(E) If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which shall constitute constitutes a contract with the charter committee of the charter school. A copy of the charter shall must be filed with the State Board of Education.
Section 59-40-80. A local school board may shall conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates verifies that such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
Section 59-40-90. (A) The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.
(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.
(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process shall must be:
(1) within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. Both the applicant and the local school board shall have the opportunity to communicate with the State Board of Education regarding the written instructions. These instructions shall must include specific recommendations concerning the matters requiring reconsideration;
(2) within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local school board of trustees after remand from the state board or a final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.
Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. The application shall must be submitted by the principal of that school or his designee who shall must be deemed considered the applicant. The application shall must include all information required of other applications under pursuant to this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications.
(B) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.
(C) All students enrolled in the school at the time of conversion must be given priority enrollment.
(D) Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases therein. The converted charter school quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at a converted school.
Section 59-40-110. (A) A charter may be approved or renewed for a period not to exceed three of five school years.
(B) A charter renewal application shall must be submitted to the school's sponsor, and it shall must contain:
(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and
(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.
(C) A charter may must be revoked or not renewed by the sponsor if it determines that the charter school:
(1) committed a material violation of the conditions, standards, or procedures set forth provided for in the charter application;
(2) failed to meet or make reasonable progress toward pupil achievement standards identified in the charter application;
(3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action in writing. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure set forth herein provided for in this section.
(E) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days shall must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.
(F) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.
Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts shall must be returned to that entity. All other assets become property of the sponsor.
Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date under provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left, but without assurance as to the school or supplemental position to which they may be assigned.
(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation shall be are governed by Section 59-40-100(C).
Section 59-40-140. (A) A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment shall must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding shall must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.
(B) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.
(C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall must be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs shall must be directed to charter schools serving students eligible for the aid.
(D) All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.
(E) All awards, grants, or gifts collected by a charter school shall must be retained by the charter school.
(F) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts or donation shall be a requirement required for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body.
(G) A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.
(H) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.
(I) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes.
(J) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.
Section 59-40-145. A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence. However, the receiving district shall have authority to grant or deny permission for the student to attend. If the student transfers to a charter school outside his district of residence, the school district where the child resides shall pay to the charter school where the child is transferring an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting pursuant to Section 59-20-40 of the Education Finance Act. The charter school where the child is transferring shall count the child for all funding sources, both state and federal.
Section 59-40-150. (A) The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.
(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.
(C) The department shall bear the cost of complying with this section.
Section 59-40-160. (A) The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.
(B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.
(C) In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
Section 59-40-170. The Department of Education, in conjunction with the Budget and Control Board, shall publish annually make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list shall must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given first refusal to purchase or lease the building under no more than the same terms and conditions it would be offered to the public.
Section 59-40-180. The State Board of Education shall promulgate regulations necessary to implement the provisions of this chapter.
Section 59-40-190. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.
(B) A sponsor is not liable for any of the debts of the charter school.
(C) A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to read:
/ TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS. /
Renumber sections to conform.
Amend totals to conform.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. OTT raised the Point of Order that the Bill was out of order in accordance with Code Section 2-7-76 (B) in that a revised fiscal impact statement must be prepared at the direction of the SPEAKER.
SPEAKER WILKINS stated that a revised fiscal impact statement is required at the time of third reading not second reading of a Bill. He therefore overruled the Point of Order.
Rep. J. H. NEAL spoke against the Bill.
Rep. J. H. NEAL continued speaking.
Rep. T. BROWN raised the Point of Order that the Bill was out of order under Rule 5.13 in that a fiscal impact statement was required.
ACTING SPEAKER CATO stated that neither the Bill nor the committee amendment caused the State to expend money and he therefore overruled the Point of Order.
Rep. F. SMITH spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. ALTMAN spoke in favor of the Bill.
Rep. HOWARD spoke against the Bill.
Rep. HOWARD continued speaking.
The ACTING SPEAKER CATO granted Rep. INABINETT a leave of absence for the remainder of the day.
Rep. PINCKNEY spoke against the Bill.
Rep. W. MCLEOD spoke against the Bill.
Rep. MOODY-LAWRENCE spoke against the Bill.
Rep. GOVAN spoke against the Bill.
Rep. CLYBURN spoke against the Bill.
Rep. COBB-HUNTER spoke against the Bill.
Rep. COBB-HUNTER continued speaking.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harris Harrison Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Littlejohn Loftis Lucas Maddox Martin McCraw McGee Meacham-Richardson Neilson Perry Phillips Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Battle Breeland Brown, G. Brown, J. Brown, T. Carnell Clyburn Cobb-Hunter Emory Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rhoad Rutherford Scott Smith, F. Smith, J. Stuart Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
I voted yes on the passage of the Bill.
Rep. Rita Allison
Rep. SANDIFER moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4632 (Word version) -- Reps. Cotty, Lucas, J. M. Neal, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND REPRESENTATIVE ROBERT J. SHEHEEN FOR HIS EXEMPLARY LEGISLATIVE CAREER, TO EXPRESS THE MEMBERS' PROFOUND RESPECT AND ADMIRATION FOR HIS INTEGRITY, HONESTY, AND DEVOTION TO THE HOUSE OF REPRESENTATIVES, TO EXPRESS THEIR FEELING THAT HE WILL BE SORELY MISSED IN THE HOUSE OF REPRESENTATIVES AFTER THIS SESSION, AND TO FURTHER WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, Representative Robert J. Sheheen recently announced that he will not seek reelection as the representative of House District 52 from Kershaw County; and
Whereas, Representative Sheheen is now in his twenty-fourth year of service to the House of Representatives. During his distinguished tenure Bob has served on the Judiciary Committee, and as its chairman from 1980 until 1986, when he was elected Speaker of the House. Bob served as Speaker for eight years until 1994, and since 1994, he has served on the Ways and Means Committee; and
Whereas, Bob has served in the House through several difficult times. As chairman of the Judiciary Committee, he helped the General Assembly resolve a serious constitutional crisis with the Supreme Court over the promulgation of the rules of civil procedure. As Speaker, Bob acted quickly and led the House through the shock of the Lost Trust scandal and supported strong ethics reform, first in the House rules and then in legislation, which is as tough as any ethics laws in the nation; and
Whereas, he has been on the forefront of issues involving the environment and disposal of low-level nuclear waste, the budget, and reapportionment; and
Whereas, the institution of the House of Representatives has greatly benefited from Bob's early efforts as Speaker to modernize its rules and make the House a more efficient body; and
Whereas, the House began the difficult task of restructuring state government in 1993 on his watch as Speaker and with his encouragement; this important work to make state government more accountable continues today; and
Whereas, Bob Sheheen was born in Camden and has lived there all of his life except for those years when he was an undergraduate at Duke University and a law student at the University of South Carolina; we all know how he loves to cheer on his Blue Devils basketball team; and
Whereas, he is a successful attorney in Camden who involves himself in his community and his work with the high school youth at Camden High School where he is an adviser to the Key Club and was a sidelines coach of the place kickers for the football team; and
Whereas, Bob's dedication to the higher calling of public service has been a family tradition of the Sheheen's - from his late father's service as city councilman and Mayor of Camden, his brother Austin's service on the County Chamber of Commerce, and his brother Fred's service as a member of the State Commission on Higher Education; and
Whereas, Bob's friendly, positive attitude permeates his relationships with all legislators; to paraphrase a well-known commercial, "When he speaks, all listen" - he is one legislator whose walk to the podium to address the body silences the everyday legislative din because people know that if Bob Sheheen rises to address an issue, an important message will be delivered with clarity and honesty; while members may not always agree with his point of view, they respect his assured, measured way of voicing his opinion; he makes his points logically but laced with practicality and common sense; and
Whereas, Bob's love and respect for the institution of the House of Representatives is a theme repeated often in his speeches and actions; he has always said the institution is far more important than any individual legislator, and the House is grateful for his tireless work in this regard to restore public confidence in the legislative process; and
Whereas, the House will sorely miss Bob's quick recall of facts, his intellect and attention to legislative detail, and his thorough knowledge of the House rules; and
Whereas, with the passing of time, every man builds his legacy, little by little, day by day. Anyone would be proud to have a legacy such as Robert J. Sheheen has created thus far, and no doubt will continue to build upon. Bob will leave a void in the House that will not be soon or easily filled. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly commends Representative Robert J. Sheheen for his exemplary legislative career, expresses their profound respect and admiration for his integrity, honesty, and devotion to the House of Representatives, expresses their feeling that Bob Sheheen will be sorely missed in the House of Representatives after this session, and further wishes him well in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to Representative Bob Sheheen.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4633 (Word version) -- Reps. Hawkins, Delleney and Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-55-175 SO AS TO REQUIRE CERTAIN LIABILITY OR CASUALTY INSURANCE COVERAGE DISCLOSURES TO CLAIMANTS OR THEIR AUTHORIZED REPRESENTATIVES, TO PROVIDE FOR PROCEDURES REQUIRED FOR THESE DISCLOSURES, AND TO AUTHORIZE REASONABLE EXPENSES INCLUDING ATTORNEY'S FEES FOR FAILURE OF AN INSURER TO COMPLY.
Referred to Committee on Labor, Commerce and Industry
H. 4634 (Word version) -- Reps. Hawkins, Allison, Davenport and Littlejohn: A BILL TO AMEND SECTION 16-11-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF COMMUNICATING A THREAT TO KILL, INJURE, INTIMIDATE, OR DESTROY PROPERTY BY MEANS OF AN EXPLOSIVE OR INCENDIARY DEVICE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary
H. 4635 (Word version) -- Reps. Webb, Rice, Robinson and Trotter: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE DISTRICTS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
On motion of Rep. WEBB, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4636 (Word version) -- Reps. Battle, Witherspoon and Sharpe: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO IMMEDIATELY MAKE DETERMINATIONS REGARDING CLAIMS CURRENTLY PENDING AGAINST THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND AND THE WAREHOUSE RECEIPTS GUARANTY FUND FOR LOSSES INCURRED IN THE MATTER OF SOUTHERN SOYA CORPORATION, AND TO FURTHER PROVIDE CONSIDERATIONS APPLICABLE TO THE PROCESSING OF CLAIMS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4637 (Word version) -- Reps. Kelley, Edge, Allison, Altman, Barrett, Cato, Chellis, Cotty, Dantzler, Easterday, Hamilton, Keegan, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McGee, McKay, Meacham-Richardson, Rice, Riser, Robinson, Sharpe, Simrill, R. Smith, Trotter, Walker, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 7-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO ADD THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION, PARTISAN PRESIDENTIAL PRIMARY ELECTION, OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY OR HAS EXECUTED AN AFFIDAVIT AT THE POLLING PLACE FOR THE PRIMARY THAT HE IS A MEMBER OF THAT PARTY; TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO ADD THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND TO AMEND SECTION 7-9-20 RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY, OR EXECUTING AN AFFIDAVIT AT THE PRIMARY POLLING PLACE AFFIRMING THAT THE VOTER IS A MEMBER OF THE POLITICAL PARTY HOLDING THE PRIMARY.
Referred to Committee on Judiciary
H. 4638 (Word version) -- Rep. J. Smith: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR A BALLOT MEASURE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE.
Referred to Committee on Judiciary
H. 4639 (Word version) -- Rep. J. Smith: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO PROVIDE THAT EXPENDITURES BY A PARTY COMMITTEE WHICH HAVE THE EFFECT OF ADVOCATING THE DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE ARE DEEMED TO BE A CONTRIBUTION TO THE OPPONENT, TO PROVIDE FOR WHEN THERE IS MORE THAN ONE OPPONENT TO A CANDIDATE, TO PROVIDE THAT EXPENDITURES AND CONTRIBUTIONS ARE SUBJECT TO CERTAIN PROVISIONS OF CHAPTER 13, TITLE 8, AND TO REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8, FROM JULY 1, 1999, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Judiciary
H. 4640 (Word version) -- Reps. J. Smith and Lourie: A BILL TO AMEND SECTION 8-13-1316, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY THROUGH ITS PARTY COMMITTEE OR LEGISLATIVE CAUCUS COMMITTEE, FROM MAKING EXPENDITURES ON BEHALF OF OR IN OPPOSITION TO A CANDIDATE.
Referred to Committee on Judiciary
H. 4641 (Word version) -- Rep. J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-735 SO AS TO EXEMPT A BUSINESS WHOSE PRIMARY PURPOSE IS THE LAUNDERING OF MATERIAL WHICH CONTAINS RADIOACTIVE MATERIALS AND IS REGULATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO THE PROVISIONS OF REGULATION 61-63 (RADIOACTIVE MATERIALS).
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4642 (Word version) -- Reps. J. Smith and Lourie: A BILL TO AMEND CHAPTER 4, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO ENACT THE "PERSONAL INFORMATION CONFIDENTIALITY ACT" PROVIDING PROCEDURES FOR THE COLLECTION, MAINTENANCE, AND DISCLOSURE OF PERSONAL INFORMATION ON CITIZENS WITH CERTAIN EXCEPTIONS, AND TO PROVIDE CERTAIN RIGHTS TO PERSONS WHO SUFFER ADVERSE EFFECTS BECAUSE OF THE FAILURE OF AGENCIES TO COMPLY WITH THIS ARTICLE; AND TO PROVIDE THAT SECTIONS 30-4-10 TO 30-4-160 ARE REDESIGNATED AS ARTICLE 1, CHAPTER 4, TITLE 30.
Referred to Committee on Judiciary
H. 4643 (Word version) -- Reps. J. Smith and Lourie: A BILL TO AMEND SECTION 9-1-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY SERVICE RETIREMENT ALLOWED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO HAVE ATTAINED AGE FIFTY-FIVE AND WHO HAVE AT LEAST TWENTY-FIVE YEARS OF CREDITABLE SERVICE, SO AS TO REDUCE THE MINIMUM AGE REQUIREMENT FOR THIS EARLY RETIREMENT TO FIFTY YEARS.
Referred to Committee on Ways and Means
H. 4644 (Word version) -- Reps. Lucas, Harris, Jennings and Neilson: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE CHESTERFIELD COUNTY EDUCATION ADVISORY COUNCIL COMPOSED OF MEMBERS FROM EACH ATTENDANCE AREA OF THE COUNTY, SO AS TO PROVIDE THAT THE COUNCIL FROM EACH ATTENDANCE AREA SHALL SELECT ITS OWN OFFICERS AND TO PROVIDE THAT OFFICERS OF CERTAIN COUNCILS SHALL SERVE AS EX OFFICIO MEMBERS OF OTHER COUNCILS WITH SPECIFIED AUTHORITY.
On motion of Rep. LUCAS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 755 (Word version) -- Senator Bryan: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION COLLECT STATISTICS AND ADOPT REGULATIONS ON MENTAL DEFICIENCIES AND EPILEPTICS; TO AMEND SECTION 44-11-10, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT HALL PSYCHIATRIC INSTITUTE SHALL NO LONGER BE MAINTAINED AS A MENTAL HEALTH FACILITY; TO AMEND SECTION 44-15-50, RELATING TO GRANTS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO DELETE REQUIREMENTS AS TO HOW FUNDS MAY BE EXPENDED; TO AMEND SECTION 44-15-80, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT ANYONE WHO CANNOT AFFORD TREATMENT IS ELIGIBLE TO RECEIVE CERTAIN SERVICES; TO AMEND SECTION 44-17-410, RELATING TO THE EMERGENCY ADMISSION OF PERSONS TO A PUBLIC OR PRIVATE HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY, SO AS TO PROVIDE FOR EXTENUATING CIRCUMSTANCES FOR REVIEWING INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-540, RELATING TO THE EXAMINATION OF PERSONS ADMITTED FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE CERTAIN REQUIREMENTS WHEN INVOLUNTARY TREATMENT IS REQUIRED; TO AMEND SECTION 44-17-580, RELATING TO HOSPITALIZATION FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE FOR THE DISMISSAL OF PROCEEDINGS WHEN A PERSON IS NOT IN NEED OF INVOLUNTARY TREATMENT; TO AMEND SECTION 44-22-150, RELATING TO THE RESTRAINT, SECLUSION OR PHYSICAL COERCION OF PATIENTS RESIDING IN MENTAL HEALTH OR ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO DEFINE RESTRAINT; TO AMEND SECTION 44-23-1100, RELATING TO THE DISCLOSURE OF INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF INFORMATION PURSUANT TO SECTION 44-22-100; AND TO REPEAL SECTION 44-23-50.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Rep. KIRSH moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4420 (Word version) -- Reps. R. Smith, Harrell, Woodrum, Altman, Beck, Cato, Davenport, Delleney, Emory, Harrison, Haskins, Koon, Lanford, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, J. M. Neal, Parks, Perry, Rice, Riser, Seithel, Simrill, Stuart, Tripp, Trotter, Vaughn, Walker, Witherspoon, Young-Brickell, Rodgers and Robinson: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT, NOTWITHSTANDING RECENT MEDIA REPORTS OF CIVILIAN CASUALTIES AT NOKUEN-RI (NO GUN RI), SOUTH KOREA, NOTHING CAN DETRACT FROM THE DISTINGUISHED RECORD AND HEROISM OF THE BRAVE AND GALLANT MEN AND WOMEN WHO SERVED HONORABLY AND FOUGHT VALIANTLY AS SOLDIERS, SAILORS, MARINES, AND AIRMEN IN THE ARMED FORCES OF THE UNITED STATES DURING THE KOREAN WAR, AND THAT THE HEROISM, SERVICE, AND SACRIFICE OF ALL THOSE WHO SERVED THE CAUSE OF FREEDOM BY OPPOSING MURDEROUS COMMUNIST AGGRESSION IN KOREA MUST BE REMEMBERED AND COMMEMORATED WITH HONOR.
H. 4599 (Word version) -- Reps. D. Smith, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. GLADYCE QUICK MOORE OF ASHEBORO, NORTH CAROLINA, MOTHER OF JEFF MOORE, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA SHERIFF'S ASSOCIATION, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 4621 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH AIKEN HIGH SCHOOL "LADY THOROUGHBREDS" TENNIS TEAM AND HEAD COACH, DONNA JONES, ON CAPTURING THEIR THIRD CLASS AAAA STATE TENNIS CHAMPIONSHIP IN FIVE YEARS.
H. 4622 (Word version) -- Reps. McKay, McGee, M. Hines, J. Hines and Askins: A CONCURRENT RESOLUTION CONGRATULATING JERRY L. COKER, OF FLORENCE COUNTY, FOR HIS DISTINGUISHED PUBLIC SERVICE AND ON THE OCCASION OF HIS OUTSTANDING TWENTY-FIVE YEARS AS A LAW ENFORCEMENT OFFICER.
At 1:15 p.m. the House, in accordance with the motion of Rep. KNOTTS, adjourned in memory of Albert Sturkie, father of former Representative C. Lenoir Sturkie, to meet at 10:00 a.m. tomorrow.
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