Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. LOURIE as follows:
O God and Father of all, we thank You for this great land so fair and free: for its worthy aims and noble purposes, for its instruments of government, its homes, its Churches, its synagogues and its institutions of learning. You have led us in the past, correcting mistakes and confirming the right and the good. Lead us both now and in the days ahead. Give us voices to sing praise for Your goodness, and wills to serve God and mankind always. Impart to our waiting hearts a wisdom greater than our own. Help us to meet the duties of this day with fidelity, its difficulties with fortitude, its joys with gratitude. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WEBB moved that when the House adjourns, it adjourn in memory of Dr. Hubert J. Webb of Clemson, which was agreed to.
The following were received and referred to the appropriate committees for consideration:
Document No. 2609
Agency: Budget and Control Board
Statutory Authority: 1976 Code Sections 8-11-41, 8-11-230, 8-11-240, 8-11-680
State Human Resources Regulations
Received by Speaker of the House of Representatives
March 29, 2001
Referred to Ways and Means Committee
Legislative Review Expiration July 27, 2001 (Subject to Sine Die Revision)
Document No. 2573
Agency: Department of Social Services
Statutory Authority: 1976 Code Section 43-1-80
General Food Stamp Program
Received by Speaker of the House of Representatives
March 29, 2001
Referred to Judiciary Committee
Legislative Review Expiration July 27, 2001 (Subject to Sine Die Revision)
The following was received:
Columbia, S.C., March 28, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3303:
H. 3303 (Word version) -- Reps. Scott and Knotts: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3278 (Word version) -- Reps. Gourdine, Law, Hinson, Dantzler and Merrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 17A IN BERKELEY COUNTY AS THE "SAMUEL D. COOPER MEMORIAL HIGHWAY" IN MEMORY OF SAMUEL D. COOPER, A DISTINGUISHED CITIZEN OF BERKELEY COUNTY.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3306 (Word version) -- Reps. Altman, Loftis and Leach: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO PROVIDE THAT A PERSON WHO IS AN ILLEGAL ALIEN MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3614 (Word version) -- Reps. Miller, Askins, Bales, Bingham, Bowers, R. Brown, Cato, Chellis, Clyburn, Coates, Coleman, Davenport, Delleney, Emory, Fleming, Freeman, Gilham, Gourdine, Harvin, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Kirsh, Law, Leach, Limehouse, Lloyd, Loftis, Lucas, Mack, McCraw, McGee, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Rodgers, Scarborough, Scott, Simrill, Sinclair, G. M. Smith, J. E. Smith, Snow, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, Whipper, Wilder and J. Young: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG BY THE DEPARTMENT OF PUBLIC SAFETY TO A DISABLED AMERICAN VETERAN, SO AS TO SUBSTITUTE "TAG" WITH "PLATE" AND TO PROVIDE THAT THE LICENSE PLATE MUST INCLUDE THE WORDS "DISABLED VETERAN" AND HAVE A SPECIAL NUMBER IMPRINTED ON IT SHOWING THAT THE LICENSE PLATE WAS ISSUED TO A DISABLED AMERICAN VETERAN.
Ordered for consideration tomorrow.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 3827 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE HAMMOND SCHOOL VARSITY CHEERLEADING TEAM AND ADVISERS ON THURSDAY, APRIL 5, 2001, AT A TIME TO BE SET BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2000-2001 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Hammond School Varsity Cheerleading Team and advisers on Thursday, April 5, 2001, at a time to be set by the Speaker, for the purpose of being recognized for winning the 2000-2001 South Carolina Independent School Association State Championship.
The Resolution was adopted.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 3828 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE DREHER HIGH SCHOOL LADY BLUE DEVILS VARSITY BASKETBALL TEAM, ITS COACHING STAFF, AND CHEERLEADERS ON THURSDAY, APRIL 5, 2001, AT A TIME TO BE SET BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Dreher High School Lady Blue Devils Varsity Basketball team, its coaching staff, and cheerleaders on Thursday, April 5, 2001, at a time to be set by the Speaker, for the purpose of being recognized for winning the Class AAA Girls Basketball State Championship.
The Resolution was adopted.
The following was introduced:
H. 3829 (Word version) -- Reps. Weeks, J. Young, G. Brown and G. M. Smith: A CONCURRENT RESOLUTION HONORING MRS. ETHEL NEELY PRICE UPON THE OCCASION OF RECENTLY BEING RECOGNIZED AS ONE OF SUMTER COUNTY'S OUTSTANDING WOMEN AND THE ADDITION OF HER NAME TO THE "2001 WOMEN'S HONOR ROLL OF SUMTER COUNTY" FOR HER LIFELONG COMMITMENT AND DEDICATION TO SUMTER COUNTY AND THE PALMETTO STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3830 (Word version) -- Reps. Weeks, J. Young, G. Brown and G. M. Smith: A CONCURRENT RESOLUTION HONORING MRS. ELIZABETH BISHOP TILLER ON THE OCCASION OF RECENTLY BEING RECOGNIZED AS ONE OF SUMTER COUNTY'S OUTSTANDING WOMEN AND THE ADDITION OF HER NAME TO THE "2001 WOMEN'S HONOR ROLL OF SUMTER COUNTY" FOR HER LIFELONG COMMITMENT AND DEDICATION TO SUMTER COUNTY AND THE PALMETTO STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3831 (Word version) -- Rep. Knotts: A CONCURRENT RESOLUTION RECOGNIZING THE ACADEMIC PROWESS AND ENTREPRENEURIAL SPIRIT OF THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO RECEIVED STATEWIDE DECA AWARDS IN MARKETING COMPETITION IN CHARLESTON RECENTLY, AND WISHING THEM AND THEIR TEACHER AND ADVISOR, CARL VADASZ, WELL AS THEY COMPETE ON THE NATIONAL LEVEL APRIL 25-28, 2001, IN ANAHEIM, CALIFORNIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3832 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF E. MCLEOD SINGLETARY OF COLUMBIA, ONE OF THIS STATE'S MOST DISTINGUISHED ATTORNEYS, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3833 (Word version) -- Reps. Weeks, J. Young, G. Brown and G. M. Smith: A CONCURRENT RESOLUTION HONORING MRS. RUTH JOHNSON EDENS UPON THE OCCASION OF RECENTLY BEING RECOGNIZED AS ONE OF SUMTER COUNTY'S OUTSTANDING WOMEN AND THE ADDITION OF HER NAME TO THE "2001 WOMEN'S HONOR ROLL OF SUMTER COUNTY" FOR HER LIFELONG COMMITMENT AND DEDICATION TO SUMTER COUNTY AND THE PALMETTO STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3834 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE YMCA ON THE CELEBRATION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY AND TO DECLARE AND ACKNOWLEDGE WITH GREAT PRIDE THAT THE YMCA OF GREENVILLE IS SYMBOLIC OF THE ATTRIBUTES OF THE NATIONAL ORGANIZATION IN THE IMPACT IT HAS HAD ON THE GREENVILLE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3835 (Word version) -- Reps. Knotts, Bingham, Frye, Huggins, Koon, Riser, Stuart, Whatley, McGee, Rhoad, Klauber, Clyburn, Allen, Allison, Bales, Barfield, Battle, G. Brown, J. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Freeman, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Hinson, Hosey, Jennings, Keegan, Kelley, Kennedy, Kirsh, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, McCraw, Meacham-Richardson, Merrill, Miller, Ott, Parks, Perry, Phillips, Quinn, Rice, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sharpe, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO EXTEND THE SUPPORT OF THE HOUSE OF REPRESENTATIVES TO DONNIE MYERS, SOLICITOR FOR THE ELEVENTH JUDICIAL CIRCUIT, AND THANK HIM FOR HIS SERVICE TO THE CRIME VICTIMS OF THIS STATE.
Rep. KNOTTS explained the Resolution.
Rep. ALTMAN spoke against the Resolution.
Rep. ALTMAN moved to adjourn debate on the Resolution until Tuesday, April 3.
Rep. KNOTTS moved to table the motion, which was agreed to by a division vote of 27 to 19.
The Resolution was adopted.
The Senate sent to the House the following:
S. 404 (Word version) -- Senators McConnell, Ravenel, Ford, Passailaigue, Branton and Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE I-526 BRIDGE AND INTERCHANGE THAT SPANS U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "BOB HARRELL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3836 (Word version) -- Reps. Kirsh, Simrill, Littlejohn and Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2125 SO AS TO PROVIDE THAT VEHICULAR TRAFFIC THAT IS IN THE LEFTMOST LANE OF TRAVEL ON A ONE-WAY STREET, FACING A RED LIGHT, AND AT AN INTERSECTION WITH ANOTHER ONE-WAY STREET WITH TRAFFIC TRAVELING FROM THE TURNING DRIVER'S RIGHT TO THE TURNING DRIVER'S LEFT MAY ENTER THE INTERSECTION AND MAKE A LEFT TURN INTO THE EXTREME LEFT-HAND LANE LAWFULLY AVAILABLE TO TRAFFIC UNDER CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works
H. 3837 (Word version) -- Reps. J. R. Smith, Clyburn, Sharpe and D. C. Smith: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE THE NEW PRECINCTS, PROVIDE THAT PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. J. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3838 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J. M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY RESEARCH FARM PRODUCTS, TO DEFINE RESEARCH FARM PRODUCTS FOR THIS PURPOSE, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION OF RESEARCH FARM PRODUCTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3839 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 56-3-1960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND DISPLAY OF PLACARDS AND LICENSE PLATES THAT ALLOW PERSONS WHO ARE HANDICAPPED TO PARK FREE OF CHARGE, SO AS TO PROVIDE THAT A PLACARD ISSUED TO A PERSON WHO IS HANDICAPPED MUST HAVE HIS DRIVER'S LICENSE NUMBER OR SPECIAL IDENTIFICATION CARD NUMBER PRINTED ON IT.
Referred to Committee on Education and Public Works
H. 3840 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, SO AS TO REQUIRE ALL STATE AGENCIES CHARGED WITH ENFORCING NATIONAL BUILDING CODES TO ADOPT THE LATEST EDITION OF THE CODE AND TO PROVIDE EXCEPTIONS; TO ESTABLISH PROCEDURES FOR THE ADOPTION OF THESE CODES, INCLUDING NOTICE IN THE STATE REGISTER AND THE OPPORTUNITY FOR PUBLIC COMMENT; AND TO REQUIRE PROPOSED CODES RECEIVING NEGATIVE COMMENTS OR SUBJECT TO PROPOSED AGENCY AMENDMENTS TO BE PROMULGATED AS REGULATIONS.
Referred to Committee on Labor, Commerce and Industry
H. 3841 (Word version) -- Reps. Edge, G. Brown and Trotter: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO ADD A REPRESENTATIVE OF THE MODULAR BUILDING INDUSTRY AND A CODE ENFORCEMENT OFFICER TO THE MEMBERSHIP OF THE COUNCIL, TO MAKE ALL MEMBERS VOTING MEMBERS, AND TO FURTHER PROVIDE FOR THE CALL OF MEETINGS.
Referred to Committee on Labor, Commerce and Industry
H. 3842 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STAR DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2559, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3843 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING THE EXPERIENCE OF TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3844 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHING EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2568, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3845 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3846 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OTHER EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3847 (Word version) -- Reps. Simrill, J. E. Smith and Klauber: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE BY THE ATTORNEY GENERAL, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.
Referred to Committee on Judiciary
H. 3848 (Word version) -- Reps. Simrill and J. E. Smith: A BILL TO AMEND CHAPTER 4, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING ARTICLE 3 SO AS TO ENACT THE "PERSONAL IDENTIFYING INFORMATION PROTECTION ACT" AND TO PROVIDE FOR THE ESTABLISHMENT BY STATE AGENCIES OF PROCESSES AND PROCEDURES THROUGH THE OFFICE OF THE SECRETARY OF STATE FOR REASONABLY MAINTAINING THE PRIVACY OF AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION; AND TO REDESIGNATE THE FREEDOM OF INFORMATION ACT AS ARTICLE 1 OF CHAPTER 4, TITLE 30.
Referred to Committee on Judiciary
H. 3849 (Word version) -- Reps. Sinclair, J. E. Smith, Cotty, Allen, Allison, Barrett, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F. N. Smith, W. D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins and J. Young: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE, AMONG OTHER THINGS, THE QUALIFICATIONS BASED ON THE POPULATION OF THE COUNTY IN WHICH THE PROBATE JUDGE SERVES.
Referred to Committee on Judiciary
H. 3850 (Word version) -- Reps. Carnell, Sheheen, Rhoad, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young, J. Young, Allen, Askins, Coates and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.
On motion of Rep. CARNELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3851 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS.
Referred to Committee on Ways and Means
H. 3852 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 46 SO AS TO ENACT THE SOUTH CAROLINA FAIR CREDIT REPORTING ACT, TO PROVIDE THAT UNFAIR METHODS OF REPORTING CREDIT HISTORY AND UNFAIR OR DECEPTIVE ACTS IN THE CONDUCT OF CREDIT REPORTING ARE UNLAWFUL, TO PROVIDE THAT THE FEDERAL FAIR CREDIT REPORTING ACT AS INTERPRETED BY THE FEDERAL TRADE COMMISSION AND FEDERAL COURTS SHALL FURNISH GUIDANCE IN CONSTRUING THIS ACT, TO PROVIDE PENALTIES FOR WILLFUL AND NEGLIGENT NONCOMPLIANCE WITH THE TERMS OF THE ACT, TO PROVIDE FOR THE JURISDICTION OF THE STATE COURTS TO HEAR ACTIONS BROUGHT PURSUANT TO THIS ACT, AND TO PROVIDE, WITH EXCEPTIONS, A TWO-YEAR STATUTE OF LIMITATIONS TO SEEK RELIEF PURSUANT TO THIS ACT.
Referred to Committee on Judiciary
S. 62 (Word version) -- Senators Mescher, Grooms, McGill and Branton: A BILL TO AMEND SECTION 58-31-20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF THE AUTHORITY APPOINTED FROM HORRY, BERKELEY, AND GEORGETOWN COUNTIES MUST BE CUSTOMERS OF THE AUTHORITY AND RESIDE IN AUTHORITY TERRITORY.
Referred to Committee on Labor, Commerce and Industry
S. 211 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.
Referred to Committee on Education and Public Works
S. 219 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-9-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE BY THE STATE TREASURER, SO AS TO AUTHORIZE INVESTMENTS IN CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA SO LONG AS THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS, TO MODIFY THE INVESTMENT GRADE RATING REQUIREMENT FOR INVESTMENT IN OBLIGATIONS, TO PROVIDE FOR INVESTMENT IN CERTAIN GUARANTEED INVESTMENT CONTRACTS ISSUED BY A DOMESTIC OR FOREIGN INSURANCE COMPANY OR OTHER FINANCIAL INSTITUTION, AND TO AUTHORIZE THE STATE TREASURER TO CONTRACT TO LEND INVESTED SECURITIES.
Referred to Committee on Ways and Means
S. 248 (Word version) -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 356 (Word version) -- Senators McGill, Ravenel and Land: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE BLACK RIVER AS A SCENIC RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, March 29.
Phillip Sinclair John J. Snow
LEAVE OF ABSENCE
The SPEAKER granted Rep. GILHAM a leave of absence for the day.
Rep. RHOAD presented to the House the Honorable J. Edward Darnell, Sheriff of Bamberg County for being named "Sheriff of the Year".
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3721 (Word version)
Date: ADD:
03/29/01 HINSON
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
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.
Rep. WITHERSPOON explained the Bill.
On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that H. 3824 be read the third time tomorrow.
On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that H. 3825 be read the third time tomorrow.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3642 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
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.
The following Bill was taken up:
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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5184DJC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-11-1910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-1910. (A) It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale any deer or part of a deer except the hide of legally taken deer. Hides from legally taken deer may be bought, sold, or bartered during the earliest open season for the taking of deer and for thirty calendar days following the end of the latest deer season. Unless specified in this section, the sale of deer parts is not prohibited.
(B) It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale the following: any live deer (family cervidae), the venison of any deer except as provided in Section 50-11-1920, any whitetail deer gametes or antler velvet, or any whitetail deer antlers attached to the pedicel.
(C) For a violation of this section, upon conviction, the guilty party for a first offense must be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned for not more than thirty days; for a second offense within three years of the date of conviction for a first offense, the person must be fined not less than three hundred dollars nor more than five hundred dollars or be imprisoned for not more than thirty days; for a third or subsequent offense within three years of the date of conviction for a first offense, the person must be fined one thousand dollars or be imprisoned for not more than sixty days."
SECTION 2. Section 50-11-1920 of the 1976 Code, as last amended by Act 342 of 1998, is further amended by adding:
"(F) The provisions of this section do not apply to the sale or purchase of exotic farm-raised venison products that are fully cooked or preserved in a manner allowing for human consumption with no further preparation. Any product offered pursuant to this paragraph must bear official marks of inspection by the United States Department of Agriculture or the State Livestock-Poultry Health Commission. Official marks of inspection must be maintained on the product or product package until removed by the consumer. Any product offered pursuant to this paragraph must be referred to as being from exotic farm-raised venison or similar designation indicating the origin of the product."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3359 be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. OTT explained the Bill.
Rep. HAMILTON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5269DJC01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 23, Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-2517. Except when authorized by a federal permit, it is unlawful for any person to catch, attempt to catch, feed, feed by hand, kill, or harass any mammalian dolphin or porpoise. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than one thousand dollars or imprisoned for not more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. OTT explained the amendment.
Rep. A. YOUNG made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5183DJC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 47 of the 1976 Code is amended by adding:
"Section 47-1-75. Any person, including a person licensed to practice veterinary medicine, or an animal control officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or any society incorporated for that purpose, who in good faith and without compensation for services provided, acting without malice, recklessness or gross negligence, renders emergency care or treatment to a domestic animal which is abandoned, ill, injured or in distress related to an accident or disaster, shall not be liable or subject to any civil or criminal liability for any injuries or harm to such animal resulting from the rendering of such care or treatment, or any act or failure to act to provide or arrange for further medical treatment or care for such animal."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3372 be read the third time tomorrow.
The following Joint Resolution was taken up:
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.
Rep. OTT explained the Joint Resolution.
Rep. ROBINSON made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
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.
Rep. ROBINSON made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 3787 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 17, 2001, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Be it resolved by the House of Representatives, the Senate concurring:
(1) that the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 12:30 p.m., on Tuesday, April 17, 2001, for the purpose of electing members of the boards of trustees of The Citadel, Coastal Carolina University, College of Charleston, Francis Marion University, South Carolina State University, and the Wil Lou Gray Opportunity School to succeed those members whose terms expire in 2001, or whose positions otherwise must be filled.
(2) that all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.
Rep. PHILLIPS proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\4213MM01), which was adopted:
Amend the concurrent resolution, as and if amended, page 1, line 32, by deleting /1:30/ and inserting /12:30 /.
Amend further, page 1, line 33, by deleting /Wednesday, April 18,/ and inserting: /Tuesday, April 17, /
Amend title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Concurrent Resolution was ordered returned to the Senate.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
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 motion period was dispensed with on motion of Rep. FLEMING.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
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), which was adopted:
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:
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. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. TOWNSEND moved that the House recur to the Morning Hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of amendments.
The following was introduced:
H. 3853 (Word version) -- Reps. Lloyd, Bowers, R. Brown and Owens: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE MRS. ALICE LOGAN BROWN ON THE OCCASION OF HER ONE HUNDRED FIFTH BIRTHDAY.
The Resolution was adopted.
The following Concurrent Resolution was taken up:
S. 501 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 17, 2001, IMMEDIATELY FOLLOWING HE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT SUCCESSORS TO THE MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERMS EXPIRE IN 2001, OR WHOSE POSITIONS MUST OTHERWISE BE FILLED.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in Joint Assembly in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, April 17, 2001, immediately following the election of members of the boards of trustees of The Citadel, Coastal Carolina University, College of Charleston, Francis Marion University, South Carolina State University, and the Wil Lou Gray Opportunity School for the purpose of electing successors to the members of the Legislative Audit Council whose terms expire in 2001, or whose positions otherwise must be filled.
Rep. Wilkins proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\4214MM01), which was adopted:
Amend the concurrent resolution, as and if amended, page 1, by inserting after /Representatives/ on line 29:
/at 12:30 p.m. /.
Amend further, page 1, line 30, by deleting /Wednesday, April 18,/ and inserting: /Tuesday, April 17, /
Amend title to conform.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3854 (Word version) -- Reps. Battle and Miller: A BILL TO AMEND SECTION 58-17-4080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL OBSTRUCTION OF A HIGHWAY BY A TRAIN, RAILROAD CAR, OR OTHER OBJECT AND THE PENALTIES FOR VIOLATION, SO AS TO REVISE THE ELEMENTS AND CONDITIONS OF THIS OFFENSE INCLUDING DELETION OF A REQUIREMENT THAT NOTICE TO REMOVE THE TRAIN OR OBSTRUCTION MUST FIRST BE GIVEN, AND TO FURTHER PROVIDE FOR THE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary
H. 3855 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-235 SO AS TO PROHIBIT A COURT FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN AN ACTION UNLESS THE ATTORNEY CONSENTS IN WRITING.
Referred to Committee on Judiciary
H. 3856 (Word version) -- Reps. Lourie and J. E. Smith: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION; AND TO AMEND CHAPTER 1, TITLE 47, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION AND TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION.
Referred to Committee on Judiciary
H. 3857 (Word version) -- Reps. Loftis, Knotts, Leach, Cato, Davenport, Fleming, Hamilton, Littlejohn, Perry, Rodgers, Simrill, Sinclair, D. C. Smith, J. R. Smith and Stille: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCEALED WEAPONS PERMITS, SO AS TO PROVIDE FOR ISSUANCE OF A CONCEALED WEAPONS PERMIT TO A RESIDENT OF THIS STATE WHO WAS NOT A RESIDENT OF THIS STATE FOR AT LEAST TWELVE MONTHS PRECEDING THE DATE OF HIS APPLICATION IF HE HELD A VALID PERMIT TO CARRY A CONCEALABLE WEAPON FOR TWELVE MONTHS WHILE HE WAS A RESIDENT OF A STATE WITH WHICH SOUTH CAROLINA HAS CONCEALABLE WEAPONS PERMIT RECIPROCITY.
Referred to Committee on Judiciary
Rep. COOPER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3795 (Word version) -- Reps. Miller and Snow: A CONCURRENT RESOLUTION TO DECLARE APRIL AS "GEORGETOWN COUNTY PRIDE MONTH" IN ORDER TO COMMEMORATE THE HISTORY, ACHIEVEMENTS, ATTRACTIONS, AND SUCCESS OF GEORGETOWN COUNTY, AND TO RECOGNIZE THE HARD WORK OF THE PEOPLE OF GEORGETOWN COUNTY IN MAKING GEORGETOWN COUNTY A SOURCE OF PRIDE TO ITS PEOPLE AND TO ALL OF SOUTH CAROLINA.
At 11:10 a.m. the House, in accordance with the motion of Rep. WEBB, adjourned in memory of Dr. Hubert J. Webb of Clemson, to meet at 10:00 a.m. tomorrow.
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