South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives

Wednesday, March 28, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. TOWNSEND as follows:

O God our Father, always near enough to hear us when we pray and to answer us when we call, take away the dimness of our faith that we may know fully Your will. Lead us in the paths of righteousness. When we sin, forgive us; when we fail, correct us; when we are right, confirm and strengthen us. And as we work together, keep our hearts aglow in a faith and hope that we may have a part in shaping this State into a better State. Make open our ears to Your teachings and our wills obedient to Your ways that we may enjoy Your divine approval: "Well done, good and faithful servant." And to You, our Lord, we give our praise and thanksgiving. 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.

MOTION ADOPTED

Rep. OWENS moved that when the House adjourns, it adjourn in memory of Gabriel Britt, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3359 (Word version) -- Reps. Ott, Hayes, Frye, Knotts, Rhoad, Sharpe and Whatley: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER OR DEER PARTS, SO AS TO PROVIDE THAT UNLESS SPECIFICALLY PROHIBITED BY THIS SECTION, THE SALE OF DEER OR DEER PARTS IS NOT PROHIBITED.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 3087 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3361 (Word version) -- Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3372 (Word version) -- Reps. Sharpe, Dantzler, Lourie and Witherspoon: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-75, SO AS TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO PERSONS AND ORGANIZATIONS WHO IN GOOD FAITH AND WITHOUT COMPENSATION RENDER EMERGENCY CARE AND TREATMENT TO ANIMALS IN DISTRESS.
Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 3642 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Askins, Bales, Barfield, Barrett, J. Brown, Chellis, Clyburn, Dantzler, Edge, Frye, Gilham, Gourdine, Harvin, Hayes, Hosey, Huggins, Keegan, Kelley, Koon, Law, Limehouse, Littlejohn, Martin, McCraw, Moody-Lawrence, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Sandifer, Snow, Stille, Taylor, Townsend, Walker, Weeks and Whipper: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR IMPORTING CERTAIN FISH, SO AS TO AUTHORIZE ISSUANCE OF PERMITS FOR EDUCATIONAL PURPOSES AND TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO CONDITION PERMITS TO SAFEGUARD PUBLIC SAFETY AND WELFARE AND PREVENT THE INTRODUCTION INTO THE WILD OR RELEASE OF NONNATIVE SPECIES OF FISH OR OTHER ORGANISMS INTO THE WATERS OF THIS STATE.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

S. 424 (Word version) -- Senators Branton and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG THE EAST AND WESTBOUND LANES OF INTERSTATE HIGHWAY 26 BETWEEN MILE MARKER 199 IN BERKELEY COUNTY AND ITS TERMINAL INTERCHANGE WITH UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THAT READS "NO TRUCKS 3 AXLES OR MORE LEFT LANE EXCEPT TO PASS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3820 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3821 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.
Without Reference

H. 3822 (Word version) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 12 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.
Referred to Committee on Labor, Commerce and Industry

H. 3823 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".
Referred to Committee on Judiciary

H. 3824 (Word version) -- Reps. A. Young, Chellis, Owens, Harrell and Cobb-Hunter: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.
On motion of Rep. A. YOUNG, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3825 (Word version) -- Reps. A. Young, Chellis, Owens, Harrell and Cobb-Hunter: A BILL TO AUTHORIZE DORCHESTER SCHOOL DISTRICT TWO TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
On motion of Rep. A. YOUNG, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 60 (Word version) -- Senators Ford, Richardson, Elliott, Leventis, Branton and Ritchie: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE AS A VIOLENT CRIME CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE.
Referred to Committee on Judiciary

S. 190 (Word version) -- Senators Grooms and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE OR ROAD FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

The following was introduced:

H. 3826 (Word version) -- Rep. M. Hines: A HOUSE RESOLUTION TO COMMEND MRS. SARAH D. BREWER OF FLORENCE FOR HER DEVOTION TO EDUCATION AND PERSONS WITH DISABILITIES AND FOR HER OUTSTANDING SERVICE AS A MEMBER OF THE FLORENCE COUNTY DISABILITIES AND SPECIAL NEEDS BOARD, TO CONGRATULATE HER ON THE OCCASION OF THE SARAH D. BREWER TRAINING CENTER BEING NAMED IN HER HONOR, AND TO EXTEND BEST WISHES TO MRS. BREWER IN ALL OF HER FUTURE ENDEAVORS.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Cooper                 Dantzler
Davenport              Delleney               Easterday
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Rutherford             Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                Whipper                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 28.

James Klauber                     G. Murrell Smith
Tracy Edge                        George Campsen
Bill Cotty                        Joseph Neal
Jerry Govan                       Creighton Coleman
Richard Quinn
Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. Richard M. Kline of Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. M. HINES and the Florence Delegation presented to the House the Byrnes Academy Varsity Football Team, the South Carolina Independent School Association Class AA State Champions, and their coach.

CO-SPONSORS ADDED AND REMOVED

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."

CO-SPONSOR ADDED

Bill Number:     H. 3010 (Word version)
Date:     ADD:
03/28/01     HINSON

CO-SPONSOR ADDED

Bill Number:     H. 3010 (Word version)
Date:     ADD:
03/28/01     CAMPSEN

CO-SPONSOR ADDED

Bill Number:     H. 3010 (Word version)
Date:     ADD:
03/28/01     SCARBOROUGH

CO-SPONSOR ADDED

Bill Number:     H. 3010 (Word version)
Date:     ADD:
03/28/01     OTT

CO-SPONSOR ADDED

Bill Number:     H. 3319 (Word version)
Date:     ADD:
03/28/01     ROBINSON

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     SCARBOROUGH

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     MEACHAM-RICHARDSON

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     WILKINS

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     QUINN

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     BINGHAM

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     LEACH

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     HINSON

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     KNOTTS

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     WEBB

CO-SPONSOR ADDED

Bill Number:     H. 3801 (Word version)
Date:     ADD:
03/28/01     DAVENPORT

CO-SPONSOR ADDED

Bill Number:     H. 3818 (Word version)
Date:     ADD:
03/28/01     ALTMAN

CO-SPONSOR ADDED

Bill Number:     H. 3818 (Word version)
Date:     ADD:
03/28/01     BARRETT

CO-SPONSOR ADDED

Bill Number:     H. 3818 (Word version)
Date:     ADD:
03/28/01     GILHAM

CO-SPONSOR ADDED

Bill Number:     H. 3818 (Word version)
Date:     ADD:
03/28/01     RODGERS

CO-SPONSOR ADDED

Bill Number:     H. 3818 (Word version)
Date:     ADD:
03/28/01     SHEHEEN

CO-SPONSOR ADDED

Bill Number:     H. 3386 (Word version)
Date:     ADD:
03/28/01     EASTERDAY

CO-SPONSOR ADDED

Bill Number:     H. 3386 (Word version)
Date:     ADD:
03/28/01     CAMPSEN

CO-SPONSOR REMOVED

Bill Number:     H. 3290 (Word version)
Date:     REMOVE:
03/28/01     RODGERS

CO-SPONSOR REMOVED

Bill Number:     H. 3290 (Word version)
Date:     REMOVE:
03/28/01     RICE

CO-SPONSOR REMOVED

Bill Number:     H. 3290 (Word version)
Date:     REMOVE:
03/28/01     HAMILTON

CO-SPONSOR REMOVED

Bill Number:     H. 3290 (Word version)
Date:     REMOVE:
03/28/01     CAMPSEN

CO-SPONSOR REMOVED

Bill Number:     H. 3290 (Word version)
Date:     REMOVE:
03/28/01     ALTMAN

CO-SPONSOR REMOVED

Bill Number:     H. 3290 (Word version)
Date:     REMOVE:
03/28/01     HARRELL

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 3613 (Word version) -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.

H. 3598 (Word version) -- Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J. H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, J. Young, Wilder, Hinson and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.

H. 3792 (Word version) -- Reps. Rice and Simrill: A JOINT RESOLUTION TO PROVIDE THAT EVERY VALID LICENSE AND PERMIT TO OPERATE A MOTOR VEHICLE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY THAT IS SUBJECT TO RENEWAL AND REQUIRED BY LAW TO BE RENEWED IN THE MONTHS OF MARCH, APRIL, OR MAY OF 2001 IS EXTENDED AND UNLESS SUSPENDED OR REVOKED FOR CAUSE IN THE INTERIM, MUST REMAIN IN FULL FORCE AND EFFECT UNTIL JUNE 30, 2001.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 397 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, COMMISSIONERS OF PILOTAGE, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2596, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 365 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2553, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3319--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3319 (Word version) -- Reps. Sandifer, Allison, Barrett, Cato, Chellis, Cooper, Davenport, Edge, Emory, Fleming, Gilham, Harrison, Harvin, Keegan, Kelley, Kirsh, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Martin, McCraw, Meacham-Richardson, Moody-Lawrence, J. M. Neal, Neilson, Perry, Phillips, Quinn, Rodgers, Simrill, J. E. Smith, J. R. Smith, Stille, Talley, Thompson, Trotter, Walker, A. Young, White and Robinson: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONALS AND OCCUPATIONS, BY ADDING CHAPTER 8 SO AS TO ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CONFORM THE PROVISIONS OF THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CEMETERY COMPANIES AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 55 OF TITLE 39 RELATING TO CEMETERIES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20347SD01), which was adopted:
Amend the bill, as and if amended, by striking item (16) of Section 40-8-30 of the 1976 Code, as contained in SECTION 1, page 3 and inserting:

/(16)     'Perpetual care' means the maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a cemetery properly maintained using a care and maintenance trust fund. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery must be considered a perpetual care cemetery for the purposes of this chapter./
Amend further, as and if amended, by striking item (17) in Section 40-8-30 of the 1976 Code, as contained in SECTION 1, page 4, and inserting:

/(17)     'Person' means an individual, entity, corporation, partnership, joint venture, or association./
Amend further, as and if amended, by striking Section 40-8-50 of the 1976 Code, as contained in SECTION 1, beginning on page 4, and inserting:

/Section 40-8-50.     The board consists of eight members. Three appointed members must be public members who have no financial interest in and are not involved in the management of a cemetery or funeral-related business; one member must be a monument dealer in this State who may be selected from nominees submitted by the Monument Builders of the Carolinas; and four members must be owners or managers of cemeteries in this State who may be selected from nominees submitted by the South Carolina Cemetery Association. The Governor shall appoint members of the board in the manner provided in this section. Of the eight members, four of the initial board members must be appointed for a term of two years, two for a term of three years, and two for a term of four years. At the end of their respective terms, successors must be selected in the same manner and appointed for terms of four years and until their successors are appointed and qualify. Nominations for appointment for the four professional members must be received by the Governor from the South Carolina Cemetery Association. If the Governor does not approve the recommendations, the association shall provide the Governor with another list of nominees, and the Governor may select a nominee from the list provided or appoint another suitable candidate of his choice. The Governor may replace any board member at any time for cause. An appointment to fill a vacancy on the board is for the balance of the unexpired term in the manner of the original appointment./
Amend further, as and if amended, by striking Section 40-8-140 of the 1976 Code, as contained in SECTION 1, page 14 and inserting:
/     Section 40-8-140.     All cemeteries in this State shall display a sign at each entrance containing letters not less than six inches in height stating 'Perpetual Care' or 'Endowment Care' or 'No Perpetual Care' or 'No Endowment Care' depending upon which method of operation the cemetery is using.

Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall display these signs on the appropriate sections of the cemetery to which the sign applies. Portions designated 'Perpetual Care' cannot be changed to 'No Perpetual Care' once the designation is made./
Amend further, as and if amended, by striking Section 40-8-200 of the 1976 Code, as contained in SECTION 1, page 15, and inserting:
/     Section 40-8-200.     The provisions of this chapter do not apply to governmental cemeteries, nonprofit cemeteries, church cemeteries, or family burial grounds./
Amend further, as and if amended, by striking Section 40-8-210 of the 1976 Code, as contained in SECTION 1, beginning on page 15 and inserting:

/Section 40-8-210.     (A)     A perpetual care cemetery licensed by the South Carolina Cemetery Board and operating in good standing on June 30, 1990, may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board.

(B)     A perpetual care cemetery established between July 1, 1990, and the effective date of this chapter may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board, provided an Irrevocable Care and Maintenance Trust Fund Agreement with a trust institution doing business in this State has been properly entered into by the perpetual care cemetery, and a copy of the same is on file with the board.

(C)     Effective January 1, 2002, all perpetual care cemeteries must be operated in accordance with the provisions of this chapter./
Renumber sections to conform.
Amend totals and title to conform.

Rep. LAW explained the amendment.
The amendment was then adopted.

Rep. WITHERSPOON proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9869HTC01), which was tabled:
Amend the bill, as and if amended, page 13, by striking Section 40-8-120(A) and inserting:

/ (A)     A licensee shall set aside a minimum of ten acres of land for use as a cemetery, except as may otherwise be provided in this chapter, and may not mortgage, lease, or encumber it. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WITHERSPOON explained the amendment.

Rep. LAW spoke against the amendment.

Rep. LAW moved to table the amendment.

Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:

Yeas 51; Nays 45

Those who voted in the affirmative are:

Allen                  Allison                Altman
Barrett                Battle                 Bingham
Breeland               Brown, J.              Carnell
Cato                   Chellis                Clyburn
Cooper                 Edge                   Emory
Fleming                Frye                   Harrell
Hines, J.              Hines, M.              Hinson
Hosey                  Kirsh                  Klauber
Knotts                 Law                    Lee
Lloyd                  Lucas                  Mack
Martin                 Merrill                Neal, J.M.
Owens                  Parks                  Perry
Robinson               Sandifer               Scarborough
Scott                  Sinclair               Smith, W.D.
Taylor                 Thompson               Townsend
Tripp                  Trotter                White
Wilder                 Wilkins                Young, A.

Total--51

Those who voted in the negative are:

Bales                  Barfield               Campsen
Cobb-Hunter            Davenport              Delleney
Easterday              Freeman                Gilham
Hamilton               Hayes                  Jennings
Keegan                 Kelley                 Kennedy
Leach                  Littlejohn             Loftis
Lourie                 McCraw                 McGee
McLeod                 Meacham-Richardson     Moody-Lawrence
Ott                    Phillips               Rhoad
Rice                   Rivers                 Rodgers
Rutherford             Sharpe                 Sheheen
Simrill                Smith, G.M.            Smith, J.E.
Smith, J.R.            Stille                 Talley
Vaughn                 Walker                 Webb
Weeks                  Witherspoon            Young, J.

Total--45

So, the amendment was tabled.

Rep. WITHERSPOON proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\AMEND\9868HTC01), which was tabled:
Amend the bill, as and if amended, in Section 40-8-100, page 9, by striking subsection (E) beginning on line 21 and inserting:

/(E)     Subsection (D) does not prohibit the cemetery from charging the owner or purchaser of a lot a reasonable fee for services actually performed by the cemetery relating to the installation, care, and maintenance of a monument or marker including, but not limited to, the survey, recording, and supervision of the installation of the monument or marker, whether or not it is purchased from a cemetery or an outside vendor. This charge may not exceed eight cents a square inch plus seventy-five dollars an installation. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WITHERSPOON explained the amendment.

Rep. LAW spoke against the amendment.
Rep. MCGEE spoke in favor of the amendment.

Rep. LAW moved to table the amendment.

Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:

Yeas 78; Nays 24

Those who voted in the affirmative are:

Allen                  Allison                Altman
Barrett                Battle                 Bingham
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Gourdine               Hamilton
Harrell                Harrison               Harvin
Hayes                  Hines, J.              Hinson
Hosey                  Huggins                Jennings
Kirsh                  Knotts                 Law
Leach                  Limehouse              Lourie
Lucas                  Mack                   Martin
McCraw                 McLeod                 Meacham-Richardson
Merrill                Moody-Lawrence         Neal, J.M.
Owens                  Parks                  Perry
Rice                   Robinson               Rutherford
Sandifer               Scarborough            Scott
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Talley                 Thompson               Tripp
Trotter                Walker                 Webb
Whatley                Whipper                White
Wilder                 Wilkins                Young, A.

Total--78

Those who voted in the negative are:

Barfield               Bowers                 Coates
Davenport              Gilham                 Haskins
Hines, M.              Keegan                 Kelley
Klauber                Littlejohn             Loftis
McGee                  Ott                    Rhoad
Rivers                 Rodgers                Sharpe
Smith, G.M.            Taylor                 Vaughn
Weeks                  Witherspoon            Young, J.

Total--24

So, the amendment was tabled.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3386--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3386 (Word version) -- Reps. Townsend, Walker, Allison, Barrett, Cato, Cooper, Hamilton, Harrell, Hinson, Keegan, Kelley, Martin, Riser, Sandifer, Sharpe, J. R. Smith, W. D. Smith, Thompson, Witherspoon, Easterday and Campsen: A BILL 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.

Reps. LOURIE, J. E. SMITH, MCLEOD, OTT, COBB-HUNTER, SCOTT, LLOYD, J. BROWN, PARKS, STILLE, TOWNSEND, HOSEY, MARTIN, WALKER, WEEKS, GILHAM, J. HINES, J. M. NEAL, EMORY, BATTLE, MILLER, JENNINGS, HAYES, BREELAND, GOURDINE, LITTLEJOHN, R. BROWN, MOODY-LAWRENCE, MACK, VAUGHN, HASKINS, FREEMAN, LEACH and G. BROWN requested debate on the Bill.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3805 (Word version) -- Rep. J. Young: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS IN THAT PORTION OF THE SANTEE RIVER BELOW THE CABLE AND BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.

H. 3806 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 7-7-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DILLON COUNTY VOTING PRECINCTS, SO AS TO PROVIDE THE DILLON COUNTY ELECTION COMMISSION MUST ESTABLISH THE POLLING PLACES FOR THE PRECINCTS WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE REPRESENTATIVES REPRESENTING DILLON COUNTY.

H. 3809--COMMITTED

The following Bill was taken up:

H. 3809 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION FEES FOR CERTAIN PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REDUCE THE FEE FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER WHO REGISTER A PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF SIX THOUSAND POUNDS OR LESS.

Rep. TOWNSEND moved to commit the Bill to the Committee on Education and Public Works, which was agreed to.

H. 3053--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3053 (Word version) -- Reps. J. Young, G. M. Smith, Kirsh, W. D. Smith, Harrison, Davenport and Whipper: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-115, SO AS TO CREATE A GENERAL LIEN UPON THE REAL AND PERSONAL PROPERTY, INCLUDING WAGES, ANNUITIES, PENSIONS, AND CHOSES IN ACTION, OF ANY PUBLIC OFFICER, EMPLOYEE, OR ANY OTHER PERSON WHO IS FOUND GUILTY OF AN OFFENSE INVOLVING EMBEZZLEMENT OR APPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO PRIVATE USE, TO THE EXTENT OF THE TOTAL LOSS, DAMAGE OR EXPENSE TO THE STATE, OR TO A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE FOR FILING A NOTICE OF LIEN, TO PROVIDE THAT AN ACTION TO ENFORCE THE LIEN CREATED BY THIS SECTION MAY BE BROUGHT AT ANY TIME UP TO THREE YEARS AFTER THE DEATH OF A PERSON WHOSE REAL AND PERSONAL PROPERTY IS SUBJECT TO THE LIEN, TO PROVIDE FOR SATISFACTION AND DISCHARGE OF THE LIEN CREATED BY THIS SECTION BY THE ATTORNEY GENERAL OR HIS DESIGNEE; AND TO AMEND SECTION 9-1-1680, RELATING TO EXEMPTION OF ANNUITY AND RETIREMENT ALLOWANCES AND CONTRIBUTIONS FROM TAXATION AND LEGAL PROCESS, SO AS PROVIDE THAT ANNUITY AND RETIREMENT ALLOWANCES AND CONTRIBUTIONS OF PUBLIC OFFICERS AND EMPLOYEES CONVICTED OF AN OFFENSE INVOLVING EMBEZZLEMENT OR APPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO PRIVATE USE ARE SUBJECT TO THE GENERAL LIEN CREATED BY SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO.

Rep. J. YOUNG explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. KNOTTS.

H. 3290--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3290 (Word version) -- Reps. Walker, Allen, Allison, Bales, Barfield, Barrett, Battle, Breeland, G. Brown, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hosey, Howard, Jennings, Keegan, Kelley, Kennedy, Kirsh, Leach, Lee, Littlejohn, Lloyd, Lucas, Mack, Martin, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, Sinclair, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Townsend, Trotter, Vaughn, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young, J. Young, Loftis and Askins: A BILL TO AMEND SECTION 40-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT DEEMED TO BE ENGAGING IN THE PRACTICE OF OPTOMETRY, SO AS TO INCLUDE PERSONS ADMINISTERING AND PRESCRIBING PHARMACEUTICAL AGENTS FOR THE DIAGNOSIS AND TREATMENT OF EYE DISEASE; TO AMEND SECTION 40-37-105, AS AMENDED, RELATING TO THE USE OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO DELETE PROVISIONS CONCERNING SPECIFIC MEDICATIONS, PROVISIONS REGARDING PATIENT CHART DOCUMENTATION, AND PROVISIONS RELATING TO PROCEDURES FOR MAKING REFERRALS WHEN PRESCRIBING TOPICAL STEROIDS AND WHEN TREATING GLAUCOMA AND TO AUTHORIZE INJECTIONS FOR THE TREATMENT OF ANAPHYLAXIS; AND TO AMEND SECTION 40-37-107, AS AMENDED, RELATING TO PROCEDURES FOR CARE GENERALLY, AND IN TREATING GLAUCOMA, TO REFERRAL OF PATIENTS TO OTHER OPTOMETRISTS AND TO OPHTHALMOLOGISTS WHEN TREATING GLAUCOMA, AND TO THE PROHIBITION AGAINST PERFORMING SURGERY, SO AS TO DELETE THE PROVISIONS CONCERNING PROCEDURES FOR CARE AND REFERRAL OF PATIENTS AND TO MAINTAIN THE PROHIBITION AGAINST PERFORMING SURGERY.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11421AC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION     1.     Section 40-37-10 of the 1976 Code is amended to read:
"Section 40-37-10.     Any A person shall be is deemed to be practicing optometry within the meaning of this chapter who shall:

(1)     Display displays a sign or in any way advertise advertises as an optometrist;

(2)     Employ employs any means, other than the use of drugs except as provided in this chapter, for the measurement of the powers of vision or the adaptation of lenses for the aid of vision;

(3)     in the sale of spectacles, eyeglasses, or lenses, use uses lenses in the testing of the eye therefore other than lenses actually sold;

(4)     Examine examines the human eye by the employment of any subjective or objective physical means, without the use of drugs except as provided in this chapter, to ascertain the presence of defects or abnormal conditions for the purpose of relieving them by the use of lenses, prisms, or other physical or mechanical means; or

(5)     Practice practices orthoptics or prescribe prescribes or fit fits contact lenses.;

(6)     administers pharmaceutical agents, including pharmaceutical agents for topical application, for the diagnosis of ocular and ocular adnexal eye disease as provided in this chapter; or

(7)     administers or prescribes, or both, pharmaceutical agents, including oral and topically applied medications, for the diagnosis and treatment of ocular and ocular adnexal eye disease as provided in this chapter."
SECTION     2.     Section 40-37-105 of the 1976 Code, as last amended by Act 65 of 1993, is further amended to read:

"Section 40-37-105.     (A)     Notwithstanding any other provision of law, a diagnostically certified optometrist may purchase, possess, and administer pharmaceutical agents, including pharmaceutical agents for topical application, other than controlled substances as defined in Section 44-53-110, for diagnostic purposes in the practice of optometry. For the purposes of this section subsection, 'pharmaceutical agent' means: anesthetics, mydriatics, cycloplegics, miotics, dyes, and over-the-counter drugs. Miotics may be used only pursuant to the following restrictions:

(1)     miotics may not be used for treatment purposes;

(2)     miotics may be used only for emergency purposes involving the buildup of pressure within the eyeball and immediately upon this emergency use, the optometrist shall refer the patient to an ophthalmologist and file with the South Carolina Board of Examiners in Optometry a written report of the incident in the manner prescribed by the board by regulation; and the South Carolina Board of Examiners in Optometry shall ensure that the quality and quantity of miotics possessed by a diagnostically certified optometrist is consistent with the use of miotics only for emergency purposes involving the buildup of pressure within the eyeball.

(B)     Notwithstanding any other provision of law, a therapeutically certified optometrist may purchase, possess, administer, supply, and prescribe pharmaceutical agents, including oral and topically applied medications other than Schedule I and II controlled substances as defined in Section 44-53-110, for diagnostic and therapeutic purposes in the practice of optometry, except that:

(1)     when prescribing oral and topically applied medications a therapeutically certified optometrist is limited to these oral pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs, and analgesics, and may only prescribe these pharmaceutical agents other oral medications for the treatment of ocular and ocular adnexal eye disease. An optometrist may only prescribe these medications for the treatment of ocular and ocular adnexal eye disease. In addition to the documentation in the patient's chart and appropriate referral in keeping with the standard of care in accordance with Section 40-37-108, when prescribing an oral steroid, an optometrist must consult with a physician prior to the prescription and notify the patient of the physician's recommendation. An optometrist may not consult with a physician without the prior consent of the patient. When an optometrist prescribes an oral steroid, a written report of this treatment must be made to the patient's primary care physician or to another physician or medical clinic designated by the patient;

(2)     when prescribing oral pharmaceutical agents medications for the treatment of ocular and ocular adnexal disease, documentation must be made in the patient's chart and appropriate consultations and referrals must be in keeping with the standard of care in accordance with Section 40-37-108;

(3)     when prescribing analgesics, the prescription must be limited to a seven-day supply;

(4)     when prescribing topical steroids, if after ten twenty-one days of treatment it is necessary to continue this medication, the optometrist shall communicate and collaborate with an ophthalmologist, and if after twenty-one days of treatment it is necessary to continue this medication, the optometrist must refer the patient to an ophthalmologist;

(5)     when treating glaucoma using beta blocking pharmaceutical agents, a therapeutically certified optometrist must consult personally with or refer to a family practitioner, general practitioner, internist, or other appropriate physician;

(6)     no medications may be given by injection or intravenously, except for the utilization, in an emergency only, of an epinephrine auto-injector solely to initiate treatment in the case of anaphylaxis after a determination that the patient's symptoms and medical history do not preclude its use, after which immediate triage of the patient must be made to an appropriate medical facility.
SECTION     3.     Section 40-37-107 of the 1976 Code, as last amended by Act 65 of 1993, is further amended to read:

"Section 40-37-107.     (A)     In the diagnosis and treatment of ocular and ocular adnexal eye disease, documentation in the patient's chart and appropriate consultations and referrals must be in keeping with the standard of care in accordance with Section 40-37-108.

(B)     In the diagnosis or treatment of eye disease an optometrist, using judgment and that degree of skill, care, knowledge, and attention ordinarily possessed and exercised by optometrists in good standing under like circumstances, shall refer a patient to an appropriate medical or osteopathic doctor including, but not limited to, corneal, glaucoma, or retinal ophthalmological specialists when additional evaluation or treatment is necessary. However, an any optometrist who is not therapeutically certified may refer a patient to a therapeutically certified optometrist when additional evaluation or treatment is necessary or to a medical or osteopathic doctor as provided for in this section, and any optometrist may refer a patient to another optometrist for the purpose of fitting or dispensing eye glasses, contact lenses, or low vision aids. The South Carolina Board of Examiners in Optometry shall promulgate regulations for the maintenance of records of referrals by optometrists in accordance with this section.

(B)(C)     Notwithstanding subsection (A)(B) in treating and managing glaucoma, a therapeutically certified optometrist must strive to achieve a stable range of intraocular pressures considered unlikely to cause further optic nerve damage in that patient. Once this range of pressures is selected based on conditions presented by the patient, the therapeutically certified optometrist must enter this range in the patient's chart. If no measurable progress is achieved in realizing the selected range of pressures within sixty days of initiating treatment, the optometrist shall refer the patient to an ophthalmologist. However, when treating acute angle closure glaucoma, a therapeutically certified optometrist shall immediately initiate treatment and make after which an appropriate referral must be made to an ophthalmologist.

(C)(D)     An optometrist is prohibited from performing surgery. For purposes of this subsection section, surgery includes, but is not limited to, an invasive procedure using instruments which requires closure by suturing, clamping, or other similar devices or a procedure in which the presence or assistance of a nurse anesthetist or an anesthesiologist is required. Laser surgery is prohibited. However, nothing in subsection (A), this subsection, section or any other provision of law may be construed to prohibit an optometrist from removing superficial ocular and ocular adnexal foreign bodies; removal of other foreign bodies must be referred to an ophthalmologist.
SECTION     4.     This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. TALLEY explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. TALLEY continued speaking.
Rep. BINGHAM spoke in favor of the amendment.

The amendment was then adopted.

Reps. BINGHAM, ROBINSON, KNOTTS and STUART proposed the following Amendment No. 2 (Doc Name COUNCIL\ NBD\AMEND\11426AC01), which was tabled:
Amend the bill, as and if amended, by deleting Section 40-37-105(B)(1) and inserting:
/(1)     when prescribing oral and topically applied medications a therapeutically certified optometrist is limited to these oral pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs, and analgesics and may only prescribe these pharmaceutical agents medications for the treatment of ocular and ocular adnexal eye disease;/
Renumber sections to conform.
Amend totals and title to conform.

Rep. BINGHAM explained the amendment.

Rep. WALKER spoke against the amendment.

Rep. TALLEY moved to table the amendment.

Rep. BINGHAM demanded the yeas and nays which were taken, resulting as follows:

Yeas 78; Nays 37

Those who voted in the affirmative are:

Allen                  Barfield               Barrett
Battle                 Breeland               Brown, G.
Brown, J.              Brown, R.              Cato
Clyburn                Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Edge                   Fleming                Freeman
Gourdine               Govan                  Hamilton
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Keegan
Kelley                 Kennedy                Kirsh
Law                    Leach                  Lee
Littlejohn             Lloyd                  Lucas
Mack                   Martin                 McCraw
McLeod                 Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Phillips
Quinn                  Rhoad                  Rutherford
Sandifer               Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, J.R.
Snow                   Stille                 Talley
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whipper
Wilder                 Witherspoon            Young, A.

Total--78

Those who voted in the negative are:

Altman                 Bales                  Bingham
Bowers                 Campsen                Carnell
Chellis                Coates                 Coleman
Cotty                  Emory                  Frye
Gilham                 Harrell                Harrison
Huggins                Klauber                Knotts
Koon                   Limehouse              Lourie
McGee                  Owens                  Parks
Perry                  Rice                   Rivers
Robinson               Rodgers                Scarborough
Smith, G.M.            Smith, J.E.            Stuart
Thompson               White                  Wilkins
Young, J.

Total--37

So, the amendment was tabled.

Reps. BINGHAM, ROBINSON, KNOTTS and STUART proposed the following Amendment No. 3 (Doc Name COUNCIL\ NBD\AMEND\11427AC01), which was tabled:
Amend the bill, as and if amended, by deleting Section 40-37-105(B)(5)and inserting:
/(5)     no medications may be given by injection or intravenously./
Renumber sections to conform.
Amend totals and title to conform.

Rep. BINGHAM explained the amendment.

Rep. BINGHAM spoke in favor of the amendment.
Rep. RUTHERFORD moved to table the amendment.

Rep. BINGHAM demanded the yeas and nays which were taken, resulting as follows:

Yeas 76; Nays 37

Those who voted in the affirmative are:

Allen                  Allison                Barfield
Barrett                Battle                 Breeland
Brown, G.              Brown, J.              Brown, R.
Cato                   Clyburn                Cooper
Dantzler               Davenport              Delleney
Edge                   Freeman                Gourdine
Govan                  Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Jennings               Keegan                 Kennedy
Kirsh                  Law                    Leach
Lee                    Littlejohn             Lloyd
Lourie                 Lucas                  Mack
McCraw                 McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Ott                    Owens
Phillips               Quinn                  Rhoad
Rivers                 Rutherford             Sandifer
Sharpe                 Sheheen                Simrill
Sinclair               Smith, F.N.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Talley                 Taylor
Townsend               Tripp                  Trotter
Walker                 Webb                   Weeks
Whatley                White                  Witherspoon
Young, A.

Total--76

Those who voted in the negative are:

Altman                 Bales                  Bingham
Bowers                 Campsen                Carnell
Chellis                Coates                 Coleman
Cotty                  Easterday              Emory
Frye                   Gilham                 Harrell
Harrison               Huggins                Kelley
Klauber                Knotts                 Koon
Limehouse              Martin                 McGee
Parks                  Perry                  Rice
Riser                  Robinson               Rodgers
Scarborough            Smith, D.C.            Smith, G.M.
Stuart                 Thompson               Wilkins
Young, J.

Total--37

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FREEMAN a leave of absence for the remainder of the day.

Rep. BINGHAM proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\AMEND\11461AC01), which was tabled:
Amend the bill, as and if amended, in Section 2 by striking Section 40-37-105(B)(1) and inserting:
/         (1)     when prescribing oral and topically applied medications a therapeutically certified optometrist is limited to these oral pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs, and analgesics, and may only prescribe these pharmaceutical agents other oral medications for the treatment of ocular and ocular adnexal eye disease. An optometrist may only prescribe these medications for the treatment of ocular and ocular adnexal eye disease. An optometrist may not treat any systemic disease and may not prescribe any medication for the treatment of any systemic disease, including any systemic disease causing manifestations in the eye, and an optometrist may not change or alter a physician's prescription without the consent of the prescribing physician. In addition to the documentation in the patient's chart and appropriate referral in keeping with the standard of care in accordance with Section 40-37-108, when prescribing an oral steroid, an optometrist must consult with a physician prior to the prescription and notify the patient of the physician's recommendation. An optometrist may not consult with a physician without the prior consent of the patient. When an optometrist prescribes an oral steroid, a written report of this treatment must be made to the patient's primary care physician or to another physician or medical clinic designated by the patient; /
Renumber sections to conform.
Amend totals and title to conform.

Rep. BINGHAM explained the amendment.

Rep. RUTHERFORD moved to table the amendment.

Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 79; Nays 38

Those who voted in the affirmative are:

Allen                  Allison                Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Cato                   Clyburn
Cobb-Hunter            Cooper                 Dantzler
Davenport              Delleney               Edge
Fleming                Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Jennings
Keegan                 Kennedy                Kirsh
Law                    Leach                  Limehouse
Littlejohn             Lloyd                  Lucas
Mack                   Martin                 McCraw
McLeod                 Meacham-Richardson     Merrill
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Owens                  Phillips
Quinn                  Rhoad                  Rivers
Rutherford             Sandifer               Scott
Sharpe                 Simrill                Sinclair
Smith, F.N.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Talley
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                Wilder                 Witherspoon
Young, A.

Total--79

Those who voted in the negative are:

Altman                 Bales                  Bingham
Campsen                Carnell                Chellis
Coates                 Coleman                Cotty
Easterday              Emory                  Frye
Gilham                 Hamilton               Harrell
Harrison               Huggins                Klauber
Knotts                 Koon                   Lourie
McGee                  Parks                  Perry
Rice                   Riser                  Robinson
Rodgers                Scarborough            Sheheen
Smith, D.C.            Smith, G.M.            Smith, J.E.
Stuart                 Thompson               White
Wilkins                Young, J.

Total--38

So, the amendment was tabled.

Rep. COATES moved to adjourn debate on the Bill until Wednesday, April 4.

Rep. WALKER moved to table the motion.

Rep. RUTHERFORD demanded the yeas and nays which were taken, resulting as follows:

Yeas 85; Nays 17

Those who voted in the affirmative are:

Allen                  Bales                  Barfield
Barrett                Battle                 Breeland
Brown, J.              Brown, R.              Campsen
Cato                   Cobb-Hunter            Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gilham                 Gourdine
Harrell                Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Jennings               Keegan                 Kennedy
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Martin
McCraw                 McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Ott                    Owens
Phillips               Quinn                  Rhoad
Rivers                 Rutherford             Scott
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Talley                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  Whatley                White
Wilder                 Witherspoon            Young, A.
Young, J.

Total--85

Those who voted in the negative are:

Altman                 Bingham                Bowers
Brown, G.              Carnell                Chellis
Coates                 Cotty                  Hamilton
Huggins                McGee                  Parks
Perry                  Rice                   Riser
Robinson               Scarborough

Total--17

So, the motion to adjourn debate was tabled.

SPEAKER IN CHAIR

Rep. ALTMAN spoke against the Bill.
Rep. ROBINSON spoke against the Bill.
Rep. COATES moved that the House do now adjourn.

Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:

Yeas 12; Nays 91

Those who voted in the affirmative are:

Altman                 Bingham                Bowers
Coates                 Cotty                  Huggins
McGee                  Moody-Lawrence         Parks
Perry                  Rice                   Smith, G.M.

Total--12

Those who voted in the negative are:

Allen                  Allison                Bales
Barfield               Barrett                Battle
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Cato
Chellis                Clyburn                Cobb-Hunter
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harvin                 Haskins                Hayes
Hines, J.              Hinson                 Hosey
Howard                 Jennings               Keegan
Kelley                 Kennedy                Kirsh
Knotts                 Koon                   Law
Leach                  Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Martin                 McCraw                 McLeod
Meacham-Richardson     Merrill                Neal, J.M.
Ott                    Owens                  Phillips
Quinn                  Riser                  Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Talley
Taylor                 Thompson               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Total--91

So, the House refused to adjourn.

Rep. ROBINSON moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. WALKER moved to table the motion.

Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 84; Nays 27

Those who voted in the affirmative are:

Allen                  Bales                  Barfield
Barrett                Battle                 Breeland
Brown, G.              Brown, J.              Brown, R.
Cato                   Clyburn                Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Edge
Fleming                Gilham                 Gourdine
Harrell                Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hosey                  Howard                 Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Law                    Leach
Limehouse              Littlejohn             Lloyd
Lucas                  Mack                   McCraw
McLeod                 Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Phillips               Quinn                  Rhoad
Rivers                 Rutherford             Sandifer
Scott                  Sharpe                 Simrill
Sinclair               Smith, F.N.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.

Total--84

Those who voted in the negative are:

Altman                 Bingham                Bowers
Campsen                Carnell                Chellis
Cotty                  Easterday              Emory
Frye                   Hamilton               Huggins
Klauber                Knotts                 Koon
Lourie                 McGee                  Parks
Perry                  Rice                   Riser
Robinson               Scarborough            Sheheen
Smith, D.C.            Smith, G.M.            Young, J.

Total--27

So, the motion to recommit the Bill was tabled.

The question then recurred to the passsage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 81; Nays 30

Those who voted in the affirmative are:

Allen                  Bales                  Barfield
Barrett                Battle                 Breeland
Brown, G.              Brown, J.              Brown, R.
Cato                   Clyburn                Cobb-Hunter
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Gilham                 Gourdine
Govan                  Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hosey                  Howard                 Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Law                    Leach
Littlejohn             Lloyd                  Lucas
Mack                   McCraw                 McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Owens                  Phillips
Quinn                  Rhoad                  Rutherford
Sandifer               Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, F.N.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Talley
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Witherspoon            Young, A.              Young, J.

Total--81

Those who voted in the negative are:

Altman                 Bingham                Bowers
Campsen                Carnell                Chellis
Coleman                Cotty                  Emory
Frye                   Hamilton               Harrell
Huggins                Klauber                Knotts
Koon                   Limehouse              Lourie
McGee                  Parks                  Perry
Rice                   Riser                  Rivers
Robinson               Scarborough            Smith, G.M.
Smith, J.E.            Thompson               Wilkins

Total--30

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3386--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3386 (Word version) -- Reps. Townsend, Walker, Allison, Barrett, Cato, Cooper, Hamilton, Harrell, Hinson, Keegan, Kelley, Martin, Riser, Sandifer, Sharpe, J. R. Smith, W. D. Smith, Thompson, Witherspoon, Easterday and Campsen: A BILL 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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20351SD01):
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, as added by Act 447 of 1996, is amended to read:

"CHAPTER 40
Charter Schools

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 completed at least one year of study at an accredited college or university and meets the qualifications outlined in Section 59-25-115.

(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 willful 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 or possess a baccalaureate or graduate degree in the subject he or she is hired to teach. 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. Beginning with the 2001-02 school year, 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 show preference in admission decisions to 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 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 binding on the student and the charter school.

(2)     If a charter school suspends or expels a student, the school district shall have in which the student resides has the authority but not the obligation to refuse admission to the student.

(3)     The sponsor shall have school district in which the charter school is located has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school; however, a charter contract may include participation in agreed upon interscholastic activities at a designated school if agreed upon by the local board of trustees for the district in which the charter school shall be located. Students participating under this agreement must be considered eligible to participate in league events if all other eligibility requirements are met.

Section 59-40-55.     (A)     Beginning July 1, 2002, an applicant for a charter school shall seek sponsorship of its charter from the State Board of Education rather than from a local board of trustees. This applies for all matters except for school conversions. Beginning July 1, 2002, when an applicant must file the application with the State Board of Education, except in matters of school conversions, all references in this chapter to the local school board of trustees as the approving entity or sponsor for the charter school application and related matters shall be construed to mean the State Board of Education. In addition, beginning July 1, 2002, the appeal provisions in Section 59-40-90 to the State Board of Education in the event of a denial of an application by a local school board of trustees do not apply; provided that appeals of conversion denials by a local board after this date shall be made to the state board as provided in Section 59-40-100(E), (F), and (G). The State Board of Education shall have the authority to approve up to twenty-five charter schools. Should the state reach the maximum of twenty-five charter schools, the State Board of Education may request from the General Assembly an increase to the total.

(B)     The applicant shall also provide a copy of the application to the local board of the school district in which the proposed charter school shall be located either before or at the same time it files its application with the State Board of Education.

(C)     The local board shall review the application and may offer suggestions or recommendations to the applicant or the State Board of Education prior to its acting on the application.

(D)     The State Board of Education shall give due consideration to suggestions or recommendations made by the local school board under subsection (C).

(E)(1)     The State Board of Education shall appoint a charter school advisory committee consisting of fifteen members, who shall represent the following categories:

(a)     charter school officials;

(b)     public school employees, at least one of whom shall be a teacher;

(c)     business and community leaders;

(d)     local school boards;

(e)     members to represent public and charter school parents; and

(f)     State Board of Education members.

(2)     Members of the Charter School Advisory Committee shall serve two-year terms. Vacancies shall be filled by appointment in the same manner as original appointment. There shall be three additional members to serve representing the local school board of trustees, public school employees, and community members of the school district in which the charter applicant desires to be located or is located. These members shall serve only during such time as the committee reviews applications or issues relating to their specific school district. The State Superintendent of Education shall designate the chairman of the advisory committee from the appointed membership.

(3)     The Charter School Advisory Committee shall advise the State Board of Education on policies, procedures, and concerns that relate to the application or operation of charter schools in this state.

(F)     The State Board of Education shall review recommendations made by the Charter School Advisory Committee and, by majority vote, either approve or deny a charter application within ninety days after the application is received by the board.

(G)     The state board's action under subsection (F) is final action subject to judicial review.

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 sponsor 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)     elect form a charter committee for the charter school which includes one or more teachers;

(3)     Until July 1, 2002, submit a written charter school application to the local school board of trustees for the school district in which the charter school will 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 documentation from the United States Department of Education, Office of Civil Rights, or the United States Department of Justice, Civil Rights Division that the establishment of the charter school does not violate any plan or order in effect for the district in which the charter school is planning to locate. Once documentation has been obtained, any substantial changes in student enrollment as determined by the sponsor, requires verification to be provided by either of these two entities that the changes do not constitute a violation. Should notice be given that such changes constitute a violation, enrollment of those students shall constitute a material violation of the charter and shall serve as grounds for revocation of the charter;

(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 or the State Board of Education, as applicable, 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)     Until July 1, 2002, 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 board finds 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 meeting, 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 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 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 a contract with the charter committee of the charter school. A copy of the charter shall be filed with the State Board of Education.

(F)     The State Board of Education shall perform the duties of local school boards under this section on and after July 1, 2002.

Section 59-40-80.     (A)     Until July 1, 2002, A local school board may conditionally shall authorize a charter school before if the application is acceptable in all other aspects but the applicant has not secured its space, equipment, facilities, and or personnel if and the applicant indicates verifies that such authority is necessary for it to acquire the space, equipment, facilities, or personnel needed to meet the requirements of the application and of this chapter. Conditional authorization does not imply that final authorization must be given and 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.

(B)     The State Board of Education on or after July 1, 2002, shall be the entity under this section which may authorize conditional charters.

Section 59-40-90.     (A)     For all applications acted on by a local board before July 1, 2002, 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 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. These instructions shall 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.

(C)(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.

(E)     Local school boards shall have authority over school conversions in their district before and after July 1, 2002. Beginning July 1, 2002, in the event of a denial of an application for a charter school conversion by a local school board of trustees, the applicant may appeal the denial to the State Board of Education. The State Board of Education, upon receipt of a notice of appeal, shall review the decision of the local school board of trustees concerning the application for the charter school conversion in accordance with the provisions of this section.

(F)     A charter applicant who wishes to appeal an adverse conversion 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.

(G)     If the notice of appeal relates to a local board's decision to deny, refuse to renew, or revoke a charter for a conversion charter school, the appeal and review process shall be as follows:

(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 through an order. The state board by order may affirm the action of the local school board or may reverse the action by the local board in accordance with the order of the state board.

(2)     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 59-40-110.     (A)     A charter may be approved or renewed for a period not to exceed three of five school years; however, the charter may be revoked or not renewed pursuant to subsection (C) of this section.

(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 as provided 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)     Until July 1, 2002, 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.

(G)     Renewal of charter schools granted a charter before July 1, 2002, but subject to renewal on or after July 1, 2002, shall be the responsibility of the State Board of Education, except for renewal of converted charter schools which shall continue to be the responsibility of local school boards. Any such renewals shall not count in the state board's twenty-five school limitation.

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) (D).

Section 59-40-140.     (A)     A sponsor The local school board of trustees for the district in which the charter school is located 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 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 the local school board of trustees for the district in which the charter school is located 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 in which the charter school is located.

(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. If the student transfers to a charter school outside his district of residence, the charter school to which the child is transferring shall be eligible for state and federal funding according to the formula defined in Section 59-40-140(A), (B), and (C), as applicable.__

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 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, in the event that 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 pursuant to 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 59-40-200.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION     2.     Section 59-40-90 of the 1976 Code is repealed effective July 1, 2002.
SECTION     3.     This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.

Rep. WALKER moved that the House do now adjourn, which was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.

ADJOURNMENT

At 12:30 p.m. the House, in accordance with the motion of Rep. OWENS, adjourned in memory of Gabriel Britt, to meet at 10:00 a.m. tomorrow.

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