Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, as we remember the birthday of President Abraham Lincoln, hear words from Psalm 85:10:
"Let me hear what God the Lord will speak, for He will speak peace to His people."
Let us pray.
Father, the war clouds are hanging low and fearful. Speak peace, O Lord, to Your people!
We remember the life and labors of President Abraham Lincoln and recall the dreaded days of conflict between the North and our South and his words, when he said:
"I have been driven many times to my knees by the
overwhelming conviction that I had nowhere else to go.
My own wisdom, and that of all about me, seemed
insufficient for that day."
O God, speak peace to all our world leaders in the mechanics of decision-making for peace - or war - at this hour.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Harold T. Conway, 243 Ingram Road, Jefferson, S.C. 29718 VICE Ronald D. Cundiff
Senator Hayes introduced Dr. John Oester of Lancaster, S.C., Doctor of the Day.
H. 3368 (Word version) -- Reps. J.R. Smith, Clark, Clyburn, Perry, D.C. Smith and Stewart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF INTERSTATE HIGHWAY 520 IN AIKEN COUNTY AS "PALMETTO PARKWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS HIGHWAY CONTAINING THE WORDS "PALMETTO PARKWAY".
Senator RYBERG asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
The Concurrent Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of the following three bills:
S. 33 (Word version) -- Senator Knotts: A BILL TO AMEND CHAPTER 23, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-1273 SO AS TO PROVIDE THAT A DRIVER OPERATING A TAXICAB UNDER A SIGNED INDEPENDENT CONTRACTOR LEASE AGREEMENT WITH A COMPANY WHICH OWNS THE TAXICAB AND WHICH ALLOWS THE DRIVER TO OPERATE THE TAXICAB AS A LESSEE IS AN INDEPENDENT CONTRACTOR NOTWITHSTANDING SECTION 42-1-130.
S. 280 (Word version) -- Senators Leatherman, Land, Reese, Verdin, Ryberg and McGill: A BILL TO AMEND SECTION 6-29-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONCONFORMITIES IN LOCAL PLANNING AND ZONING, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY SHALL PAY CASH COMPENSATION TO THE OWNERS OF LAND, BUILDINGS, AND STRUCTURES THAT ARE SUBJECT TO THESE NONCONFORMITIES AND TO DEFINE THE TERM "STRUCTURE".
S. 301 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.
The following were introduced:
S. 345 (Word version) -- Senators Patterson, Courson, Jackson and Giese: A SENATE RESOLUTION WELCOMING CHI ETA PHI SORORITY TO COLUMBIA, SOUTH CAROLINA, ON THE OCCASION OF ITS 50TH SOUTHEAST REGIONAL CONFERENCE AND THANKING THE MORE THAN FOUR HUNDRED NURSES IN ATTENDANCE FOR THEIR SERVICE TO HUMANITY.
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The Senate Resolution was adopted.
S. 346 (Word version) -- Senator Reese: A SENATE RESOLUTION TO RECOGNIZE SATURDAY, FEBRUARY 15, 2003, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY" AND JOIN IN THE EFFORTS THROUGHOUT THE NATION TO PROMOTE ORAL HEALTH AWARENESS.
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The Senate Resolution was adopted.
S. 347 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE ELDER AND MRS. WILLIE J. NELSON OF COLUMBIA UPON CELEBRATING THEIR FIFTIETH WEDDING ANNIVERSARY ON FEBRUARY 15, 2003, AND TO WISH THEM MANY MORE YEARS OF HAPPINESS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 348 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
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Read the first time and referred to the Committee on Finance.
S. 349 (Word version) -- Senators Reese and Knotts: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO ALLOW SMALL EMPLOYERS TO PARTICIPATE IN THE STATE HEALTH AND DENTAL PLANS, TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO ADJUST SEPARATELY THE BENEFITS AND PREMIUMS FOR SMALL EMPLOYERS TO ENSURE THAT THERE IS NO COST TO THE STATE ASSOCIATED WITH OFFERING OR ADMINISTERING SMALL EMPLOYER PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS, AND TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO PROMULGATE REGULATIONS; AND TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE AND REQUIREMENTS FOR ELIGIBILITY, SO AS TO INCLUDE AND DEFINE CERTAIN SMALL EMPLOYERS.
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Read the first time and referred to the Committee on Finance.
S. 350 (Word version) -- Senators Richardson, Ryberg, Courson, Thomas and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-148 SO AS TO PROVIDE THAT NO FUNDS OF THE INSURANCE RESERVE FUND SHALL BE LOANED DIRECTLY TO AGENCIES, ENTITIES, OR POLITICAL SUBDIVISIONS OF THIS STATE NOR SHALL ANY OF THESE FUNDS BE DIRECTLY INVESTED IN ANY NOTES, BONDS, OR OTHER DEBT OBLIGATIONS OF THE STATE OF SOUTH CAROLINA OR ITS POLITICAL SUBDIVISIONS, AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Finance.
S. 351 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 12-10-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE AND USES OF THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO PROVIDE THAT COUNTIES DESIGNATED AS "LEAST DEVELOPED" OR "UNDERDEVELOPED" FOR 2001 ARE CONSIDERED "DISTRESSED" COUNTIES FOR THE YEARS 2002 AND 2003 FOR PURPOSES OF ELIGIBILITY FOR GRANT FUNDS FROM THE STATE RURAL INFRASTRUCTURE FUND.
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Read the first time and referred to the Committee on Finance.
S. 352 (Word version) -- Senators Leatherman and Drummond: A BILL TO AMEND SECTION 9-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENTS ALLOWED FOR A MUNICIPAL FIREMEN'S PENSION FUND, SO AS TO ALLOW SUCH PENSION FUNDS TO INVEST IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR A SIMILAR SERVICE AND TO PROVIDE THAT THE EFFECTIVE DATE FOR THIS AMENDMENT IS THE RATIFICATION DATE OF THE CONSTITUTIONAL AMENDMENT PREPARED PURSUANT TO JOINT RESOLUTION 367 OF 2002.
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Read the first time and referred to the Committee on Finance.
S. 353 (Word version) -- Senator Hayes: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IN COURTS OF THE UNIFIED JUDICIAL SYSTEM, SO AS TO PROVIDE THAT NOT LESS THAN TWENTY-FIVE PERCENT OF THE REVENUE RETAINED FROM THESE ASSESSMENTS MUST BE ALLOCATED TO THE VICTIM WITNESS PROGRAM OF THE SOLICITOR IN WHOSE CIRCUIT THE COUNTY OR MUNICIPALITY IS SITUATED; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO GENERAL SESSIONS COURT SURCHARGES, SO AS TO PROVIDE THAT NOT LESS THAN TWENTY-FIVE PERCENT OF THE REVENUE RETAINED FROM THESE SURCHARGES MUST BE ALLOCATED TO THE VICTIM WITNESS PROGRAM OF THE SOLICITOR IN WHOSE CIRCUIT THE COUNTY OR MUNICIPALITY IS SITUATED.
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Read the first time and referred to the Committee on Judiciary.
S. 354 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175, SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE DESCRIBING CERTAIN OFFENSES THAT THE CHILD IS A VICTIM OF OR WITNESS TO IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.
S. 355 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 5-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE FORM OF MUNICIPAL GOVERNMENT MAY BE CHANGED, SO AS TO REDUCE FROM FIFTEEN TO TEN THE PERCENTAGE OF QUALIFIED ELECTORS OF A MUNICIPALITY REQUIRED TO INITIATE AN ELECTION TO CHANGE THE FORM OF GOVERNMENT.
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Read the first time and referred to the Committee on Judiciary.
S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.
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Read the first time and referred to the Committee on Transportation.
S. 357 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL BUS SIGNALS AND MARKINGS, AND MEETING, OVERTAKING, AND PASSING A SCHOOL BUS, SO AS TO REQUIRE A DRIVER OF A SCHOOL BUS TO ACTUATE CERTAIN SIGNALS WHEN THE BUS IS STOPPED OR PREPARING TO STOP ON A HIGHWAY, TO DELETE THE PROVISIONS THAT EXEMPT A DRIVER OF A VEHICLE FROM STOPPING UPON MEETING A STOPPED SCHOOL BUS ON HIGHWAYS WHERE THE ROADWAYS ARE SEPARATED BY AN EARTH OR RAISED CONCRETE MEDIAN AND THAT REQUIRE THE DRIVER OF A VEHICLE TO STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS ON CERTAIN HIGHWAYS OR WHEN OVERTAKING A SCHOOL BUS, TO PROVIDE THAT THE DRIVER OF A VEHICLE NEED NOT STOP UPON MEETING A STOPPED SCHOOL BUS WHEN TRAVELING IN THE OPPOSITE DIRECTION ON A FOUR-LANE OR MULTI-LANE HIGHWAY, TO PROVIDE THAT THE DRIVER OF A VEHICLE MUST STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS IN THE SAME DIRECTION ON A MULTI-LANE HIGHWAY, AND TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE LOADED OR OFF-LOADED ON A FOUR OR MULTI-LANE HIGHWAY MUST BE DESIGNED TO PREVENT A STUDENT FROM CROSSING A FOUR OR MULTI-LANE HIGHWAY.
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Read the first time and referred to the Committee on Transportation.
S. 358 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator LAND, with unanimous consent, S. 358 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 359 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-1360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE AND POSSESSION OF A LICENSE PLATE, SO AS TO PROVIDE THAT THE PENALTY FOR VIOLATION OF THIS PROVISION IS IMPRISONMENT FOR NOT MORE THAN FIVE YEARS.
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Read the first time and referred to the Committee on Judiciary.
S. 360 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.
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Read the first time and referred to the Committee on Judiciary.
S. 361 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO PROHIBIT THE SALE, POSSESSION, OR IMPORTATION OF THE EGGS OF CERTAIN FISH, AND THE SALE, POSSESSION, OR IMPORTATION OF SNAKEHEAD FISH.
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Read the first time and ordered placed on the Calendar without reference.
On motion of Senator GREGORY, with unanimous consent, S. 361 was ordered to receive a second reading on the next legislative day.
H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3520 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 26, 2003.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3539 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO CODE OF ETHICS FOR NURSES WITH INTERPRETIVE STATEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3544 (Word version) -- Reps. Huggins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXTENDING THE SINCEREST GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO OUR FORMER COLLEAGUE, JOHN W. "BILL" RISER, FOR HIS DECADE OF DEDICATED SERVICE TO HOUSE DISTRICT NO. 69 IN LEXINGTON COUNTY AND THE STATE OF SOUTH CAROLINA, AND WISHING FOR HIM CONTINUED OPPORTUNITIES TO WORK WITH AND SERVE THE PEOPLE HE LOVES SO WELL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3545 (Word version) -- Rep. Merrill: A CONCURRENT RESOLUTION TO COMMEND, CONGRATULATE, AND HONOR MARION THEODORE DUDLEY OF HANAHAN, FOR HIS MANY YEARS OF OUTSTANDING LEADERSHIP AND PUBLIC SERVICE IN THE UNITED STATES NAVY DURING AND AFTER WORLD WAR II, AND AS A VOCATIONAL SCHOOL TEACHER, MEMBER OF THE HANAHAN CITY COUNCIL AND MAYOR OF THE CITY OF HANAHAN, AND TO WISH HIM AND HIS FAMILY THE VERY BEST OF HEALTH AND HAPPINESS, AND EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3547 (Word version) -- Reps. W. D. Smith and Martin: A CONCURRENT RESOLUTION APPLAUDING SOUTH CAROLINA NATIVE JONATHAN BYRD ON HIS SELECTION AS THE 2002 PGA TOUR ROOKIE OF THE YEAR AND WISHING HIM CONTINUED SUCCESSES ON THE LINKS AND IN LIFE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3561 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF ARIE LANDRUM OF BISHOPVILLE, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3562 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. COLETTE MURRAY SWANN OF RICHLAND COUNTY ON BEING NAMED THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION'S 2002 EMPLOYEE OF THE YEAR (HEADQUARTERS), AND TO WISH HER CONTINUED SUCCESS IN HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3574 (Word version) -- Reps. Huggins and McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPIN HIGH SCHOOL GIRLS CROSS COUNTRY TEAM FOR WINNING THE STATE CLASS AA CROSS COUNTRY CHAMPIONSHIP FOR 2002.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3578 (Word version) -- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAMAR HIGH SCHOOL SILVER FOXES FOOTBALL TEAM ON WINNING ITS FIRST CLASS A STATE CHAMPIONSHIP ON SATURDAY, DECEMBER 7, 2002, COMMEND THE PLAYERS, COACHES, AND STAFF FOR THEIR HARD WORK AND DEDICATION, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3585 (Word version) -- Rep. Clark: A CONCURRENT RESOLUTION TO WELCOME BRUCE SCHWARTZ OF BISMARCK, NORTH DAKOTA, A DIRECTOR OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS, TO SOUTH CAROLINA AND TO COMMEND HIM FOR HIS TIRELESS EFFORTS AND LEADERSHIP ON BEHALF OF THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA LAND USE DISPUTE RESOLUTION ACT" TO PROVIDE RELIEF FOR A PROPERTY OWNER WHEN A SPECIFIC ACTION OF A LOCAL GOVERNMENTAL ENTITY RESULTS IN UNNECESSARY HARDSHIP ON THE USE OF REAL PROPERTY AND PROVIDE PROCEDURES FOR THESE PROCEEDINGS.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:
S. 206 (Word version) -- Senators McConnell, Ritchie and Richardson: A BILL TO AMEND CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES AND JUSTICES, SO AS TO REPEAL SECTION 2-19-40, RELATING TO THE EXEMPTION OF A PUBLIC HEARING.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-630, SO AS TO PROVIDE THAT A HOLDER OF A RETAIL PERMIT AUTHORIZING SALES OF BEER OR WINE FOR OFF-PREMISES CONSUMPTION MAY DELIVER BEER OR WINE IN A SEALED CONTAINER TO A PERSON AGED TWENTY-ONE OR OLDER UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable report on:
S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
S. 288 (Word version) -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
Ordered for consideration tomorrow.
Columbia, S.C., February 11, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3259 (Word version) -- Rep. Lucas: A BILL TO ENACT THE "SCHOOL DISTRICT OF DARLINGTON COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN DARLINGTON COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3389 (Word version) -- Reps. Lourie, Cotty, J.E. Smith, Howard, Rutherford, J.H. Neal, Bales, J. Brown, Harrison, Quinn and Scott: A BILL TO AMEND ACT 584 OF 1986, RELATING TO THE RESTORATION OF THE CHARTERS OF SMITH TIMBER, INC., THE HARDEEVILLE BUSINESS DEVELOPMENT CORPORATION, AND THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER, SO AS TO DELETE THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER RETROACTIVE TO THE EFFECTIVE DATE OF THE REVOCATION.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 3233 (Word version) -- Reps. Talley, Altman, Walker and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
S. 197 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW STUDENTS COMPLETING THREE OF THE FINAL FOUR YEARS OF HIGH SCHOOL IN SOUTH CAROLINA TO BE ELIGIBLE FOR THE LIFE SCHOLARSHIP IF ALL OTHER QUALIFICATIONS ARE MET AND TO AMEND SECTION 12-6-3385 SO AS TO ALLOW STUDENTS A REFUNDABLE TAX CREDIT IF THEY COMPLETE THREE OF THE FINAL FOUR YEARS OF HIGH SCHOOL IN SOUTH CAROLINA IF ALL OTHER REQUIREMENTS ARE MET.
H. 3430 (Word version) -- Reps. Phillips, Littlejohn and McCraw: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 4, 5, AND 6, 2002, AND JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator RYBERG spoke on the Joint Resolution.
Senator RYBERG proposed the following amendment (3430R001.WGR), which was withdrawn:
Amend the bill, as and if amended, Page 1, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. All one hundred eighty days of student instruction mandated by Section 59-1-420 are hereby excused. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG asked unanimous consent to withdraw the proposed amendment.
There was no objection.
The amendment was withdrawn.
Senator PEELER spoke on the Joint Resolution.
There being no further amendments, the Joint Resolution was read the second time.
Senator RYBERG desired to be recorded as voting against the second reading of the Bill.
On motion of Senator PEELER, with unanimous consent, H. 3430 was ordered to receive a third reading on Thursday, February 13, 2003.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 16 (Word version) -- Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson, Branton and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ADDING SECTION 8-11-177 TO PROVIDE THREE DAYS OF PAID LEAVE FOR STATE EMPLOYEES IN THE CASE OF THE DEATH OF AN IMMEDIATE FAMILY MEMBER AND PERMIT THE EMPLOYING AGENCY TO REQUIRE A STATEMENT FROM THE EMPLOYEE STATING THEIR RELATIONSHIP TO THE DECEASED.
On motion of Senator LAND, with unanimous consent, the name of Senator LAND was added as a co-sponsor of S. 16.
S. 71 (Word version) -- Senators Moore, Elliott, Hayes, Grooms, Ravenel, Reese, Courson, Setzler, Rankin, Leatherman, Ryberg, Knotts, Alexander, Anderson, Bauer, Branton, Drummond, Fair, Ford, Giese, Glover, Gregory, Hawkins, Holland, Hutto, Jackson, Kuhn, Land, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Richardson, Ritchie, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 12-39-360 TO PERMIT A COUNTY TO EXTEND THE DATE FOR FILING RETURNS AND PAYMENT OF PROPERTY TAXES FOR UNITED STATES ARMED FORCES OR NATIONAL GUARD PERSONNEL SERVING IN OR NEAR A HAZARD DUTY ZONE.
On motion of Senator DRUMMOND, with unanimous consent, the names of Senators RYBERG, KNOTTS, ALEXANDER, ANDERSON, BRANTON, DRUMMOND, FAIR, FORD, GIESE, GLOVER, GREGORY, HAWKINS, HOLLAND, HUTTO, JACKSON, KUHN, LAND, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, O'DELL, PATTERSON, PEELER, PINCKNEY, RICHARDSON, RITCHIE, RYBERG, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP were added as co-sponsors of S. 71.
S. 156 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 50-21-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF A NO WAKE ZONE ON THE ASHLEY RIVER, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A NO WAKE ZONE FOR A CERTAIN PORTION OF ADAM'S CREEK ADJACENT TO WADMALAW ISLAND.
S. 165 (Word version) -- Senators Gregory, Knotts and Rankin: A BILL TO AMEND CHAPTER 9, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, ACQUIRE, OR POSSESS ANY LICENSE, PERMIT, STAMP, OR TAG WHILE A PERSON'S PRIVILEGES ARE SUSPENDED AND TO PROVIDE APPROPRIATE PENALTIES.
On motion of Senators RANKIN and KNOTTS, the names of Senators RANKIN and KNOTTS were added as co-sponsors of S. 165.
S. 167 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1707 SO AS TO PROVIDE FOR LIMITS ON CERTAIN SHARKS; AND TO AMEND SECTION 50-5-2725, AS AMENDED, RELATING TO SHARK CATCH LIMITS, SO AS TO MAKE TECHNICAL CHANGES.
S. 168 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
S. 334 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON AUGUST 9, 2002, BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL, TAMASSEE-SALEM MIDDLE SCHOOL, AND TAMASSEE-SALEM HIGH SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO WATERLINE PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 177 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 50-11-120 AND 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO AMEND THE LAWFUL DATES FOR HUNTING RACOON AND OPOSSUM WITH A WEAPON, TO MAKE IT LAWFUL TO HUNT RACOON AND OPOSSUM WITH DOGS AT ANYTIME DURING THE YEAR, AND TO REQUIRE WEAPONS TO BE UNLOADED AND LOCKED IN A VEHICLE WHEN HUNTING A RACOON, OPOSSUM, OR FOX DURING THE DATES WHEN WEAPONS ARE NOT ALLOWED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (177R001.CKG), which was adopted:
Amend the bill, as and if amended, page 4, by striking line 1 and inserting:
/unlawful to take, or attempt to take, or hunt the animals when/
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time.
On motion of Senator MOORE, with unanimous consent, S. 177 was ordered to receive a third reading on Thursday, February 13, 2003.
S. 340 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 9 SO AS TO PROVIDE THE REMEDIES AVAILABLE IN A DISPUTE OR CONTROVERSY BETWEEN THE SOUTH CAROLINA RETIREMENT SYSTEMS AND A MEMBER OR DESIGNATED BENEFICIARY OF A MEMBER OF ANY OF THE RETIREMENT SYSTEMS ESTABLISHED IN TITLE 9.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SETZLER proposed the following amendment (GGS\22845HTC03), which was adopted:
Amend the bill, as and if amended, in Section 9-21-60, as contained in SECTION 1, page 4, by striking beginning on line 13 / on the record of the agency pursuant to the standards for appellate review contained in Section 1-23-380(A)(6) / and inserting / de novo /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following amendment (340-MOORE), which was adopted:
Amend the bill, as and if amended, page 4, by adding after line 32 a newly-numbered SECTION to read:
/ SECTION ____. Section 9-11-10(23)(b) of the 1976 Code is amended to read:
"(b) an employee after January 1, 2000, of the South Carolina Department of Corrections, or the South Carolina Department of Juvenile Justice or the South Carolina Department of Mental Health who, by the terms of his employment, is a peace officer as defined by Section 24-1-280." /
Amend the bill further, as and if amended, page 4, by adding after line 32 a newly-numbered SECTION to read:
/ SECTION _____. Section 24-1-280 of the 1976 Code is amended to read:
"Section 24-1-280. An employee of the South Carolina Department of Corrections, or the South Carolina Department of Juvenile Justice, or the Department of Mental Health whose assigned work location is one of the correctional facilities of the Department of Correction or the Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate." /
Renumber sections to conform. Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 250 (Word version) -- Senators Kuhn, Ford, Ravenel and Mescher: A BILL TO ESTABLISH GOVERNANCE CRITERIA AND REVISE THE GOVERNANCE STRUCTURE OF THE CHARLESTON COUNTY SCHOOL DISTRICT, TO ABOLISH THE EIGHT CONSTITUENT DISTRICT BOARDS OF SCHOOL TRUSTEES IN CHARLESTON COUNTY AND TO DEVOLVE THEIR POWERS, DUTIES, ASSETS, AND LIABILITIES UPON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION OF CHARLESTON COUNTY IS THE CHIEF EXECUTIVE OFFICER OF THE DISTRICT, WHO SHALL HIRE ALL DISTRICT PERSONNEL, INCLUDING TEACHERS, AND WHO SHALL HIRE AREA SUPERINTENDENTS TO CONSULT WITH SCHOOL PRINCIPALS AND TO ACT AS INTERMEDIARY BETWEEN THE PRINCIPALS AND THE DISTRICT SUPERINTENDENT; TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT SHALL CONSIST OF NINE MEMBERS WHO MUST BE ELECTED IN PARTISAN ELECTIONS FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2004, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS; AND TO REPEAL ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND VARIOUS DUTIES OF THE DISTRICT SUPERINTENDENT AND THE BOARD.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator KUHN proposed the following amendment (BBM\ 9465SD03):
Amend the bill as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly by the provisions of this act has determined to revise the governance structure of the Charleston County School District using as a guide the following governance principles:
(1) the school board is a unit, which speaks with one voice or none;
(2) the school board serves the district's ownership, the people of Charleston County;
(3) the school board defines and delegates; it does not react or ratify;
(4) the school board makes policy decisions;
(5) the school board's policy determinations go from broad to narrow;
(6) the school board's primary role is determining the district's goals;
(7) the school board sets operating parameters for the district superintendent but it does not prescribe means;
(8) the school board sets its own processes and policies to ensure effective board performance;
(9) the school board empowers the district superintendent and requires accountability;
(10) the school board measures the superintendent's performance against appropriate evaluation criteria, with student achievement as the first and most important criteria.
SECTION 2. (A) The eight constituent district boards of school trustees in Charleston County are abolished and their powers, duties, assets, and liabilities are devolved upon the Charleston County School District Board of Trustees.
(B) The board of trustees also shall further delineate the roles and responsibilities of school governance councils, school improvement councils, and other school-based advisory councils to avoid duplicating responsibilities and to maximize the contributions of the boards and councils.
SECTION 3. The Superintendent of Education of Charleston County shall be appointed by the Board of Trustees of the Charleston County School District (generally known as the Charleston County School Board) to serve pursuant to such terms and conditions as the board may prescribe. He or she shall be selected on the basis of professional qualifications as determined by the board of trustees, and which qualifications need not include experience or certification as an education administrator. The Superintendent of Education of the Charleston County School District, in addition to the duties imposed upon county superintendents of education by the general laws of the State shall serve as the chief executive officer of the district and shall implement the policies established by the board for the district. He or she shall hire all personnel necessary to conduct the business of the district, including teachers, and shall perform such other duties as shall be prescribed by the Board of Trustees of the Charleston County School District. The legal exercise of power or duty by the superintendent may be overridden by the board only by a two-thirds vote of the membership of the board. Nothing herein prevents a petition candidate from being included on the general election ballot in the manner allowed by law.
SECTION 4. (A) The governing body of the Charleston County School District must be a board known as the Charleston County School Board. The board shall consist of nine members who, beginning with the 2004 general election, must be elected in partisan elections in the manner hereinafter specified in this act.
(B) Where a political party chooses to nominate its candidates by the primary election method, the dates of the primary election, and run-off election, if necessary, shall be the same as for other offices filled by that party at their primary. The election laws of this State also shall govern the manner in which the partisan elections for these offices shall be conducted, including selection of candidates, conduct of elections, declaration of results, and assumption of office. Nothing herein prevents a petition candidate from being included on the general election ballot in the manner allowed by law.
SECTION 5. The members of the board elected at the 2004 general election shall take office as provided in Section 59-19-315, at which time the terms of the present members of the board shall expire.
SECTION 6. Except as otherwise provided herein, the members of the board must be elected at the general election beginning in 2004 for terms of four years. At the 2004 election, and to provide for staggered terms of office, members of the board must be elected from Districts 1, 3, 5, 7, and 9 for terms of four years and until their successors are elected and qualify. Members of the board must be elected from Districts 2, 4, 6, and 8 for terms of two years each and until their successors are elected and qualify. Successors to these members must be elected for four-year terms at the general election every two or four years thereafter as appropriate. All members of the board shall serve until their successors are elected and qualify. Nothing in this act shall be construed to alter the staggering of terms established by this section.
At any election the candidate for each seat receiving a majority of the votes shall be deemed elected. Except for the general election, if no candidate receives a majority of votes cast, there shall be a runoff election held two weeks thereafter between the two candidates receiving the greatest number of votes.
The members of the board of trustees shall meet within ten days of their election and shall organize by electing from their number a chairman, vice chairman, and such other officers as they deem necessary. The member elected chairman shall serve as chairman for a term of one year, provided that no chairman is eligible to serve more than two consecutive terms as chairman. All meetings of the board of trustees shall be held in the office of the superintendent of education for the School District of Charleston County or in another location within the county after proper notice to the public. If they so choose, the members of the board shall receive a per diem allowance of twenty-five dollars for meetings actually attended, not exceeding thirty-six meetings in any calendar year, and mileage at the rate established by the Internal Revenue Code for each mile of travel from the place of his residence to and from the meetings. A majority of the board members shall constitute a quorum. Any member who is absent from five consecutive meetings of the board without just cause may be removed from the board upon a majority vote of the members.
A vacancy occurring for any reason other than expiration of a term must be filled by special election for the unexpired portion of the term as provided in Section 7-13-190, unless the vacancy occurs within nine months of the next general election.
SECTION 7. For the purpose of electing members of the Charleston County School Board beginning in 2004, the School District of Charleston County is divided into nine single-member election districts as shown on the official map designated as S-19-00-03 prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board, and as shown on certified copies of the official map provided to the State Election Commission and the Charleston County Election Commission by the Office of Research and Statistical Services. These single-member districts must be reapportioned by the General Assembly at the next census after the effective date of this act and every ten years thereafter based on the most recent census.
SECTION 8. One member of the School Board of Charleston County must be elected from each of the nine single-member election districts established by law. Each member of the board must have been a legal resident of the district in which he is elected for a minimum of one year prior to the general election and must be elected by the qualified electors of that district.
The county commissioners of election shall conduct and supervise all elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the election sixty days preceding the election in the newspapers of general circulation published in Charleston County and shall publish a second notice two weeks thereafter. The cost of the elections shall be borne by Charleston County.
SECTION 9. In addition to the duties, powers, and responsibilities now provided by law for county boards of education or boards of school trustees, the Board of Trustees of the Charleston County School District shall:
(1) adopt and alter a corporate seal;
(2) establish the mission of the Charleston County School District and determine the benefit to be conferred by the district on what persons and at what cost;
(3) determine, implement, evaluate, and revise as necessary a systematic, comprehensive program of educational services that assures that every child has maximum educational opportunities so that every child meets at least the minimum standard at each grade level established by the State subject to modification for professionally assessed and documented disabilities;
(4) hire a superintendent to serve as chief executive officer of the school district;
(5) not less than annually, establish objective educational goals for which the superintendent shall be responsible, and evaluate the superintendent based on how well the school system achieves those goals;
(6) prescribe the policies within the limits of which, reasonably interpreted by the superintendent, he shall operate the district;
(7) borrow in anticipation of the collection of taxes, state aid, or federal aid. The borrowing must be in the form of notes, maturing not later than one year from the date of issue, bearing the rate of interest as the board determines. The notes must be payable, both principal and interest, from the funds in anticipation of the receipt of which they are issued, and to the payment of the principal of and interest on the notes for which the funds are pledged;
(8) authorize the purchase and sale of land, and evaluate the superintendent's execution of the maintenance and repair of existing buildings and grounds, and provide long-range planning for educational programs and physical facilities;
(9) provide educational programs for special needs children organized and conducted in cooperation with the social or civic organizations and agencies in the county or community; provide for intellectually gifted children's programs which shall challenge their talents;
(10) keep an accurate record of board proceedings, which record must be kept in the office of the superintendent and open to public inspection;
(11) authorize the purchase and sale of land, the planning and construction of new school facilities, and the maintenance and repair of existing buildings and grounds;
(12) adopt a system of budgetary controls and annually adopt a budget, with power to revise when necessary, sufficient to meet the educational needs of the district;
(13) adopt an ongoing and systematic process of evaluation and analysis to determine the cost effectiveness of instructional and other programs implemented by the school district and cause to be made such changes as are indicated by the evaluation. Exclusive of reports and evaluations specifically protected under confidentiality statutes, all evaluations of instructional and other programs will immediately be made available to the public;
(14) cause to be conducted an annual audit of the financial affairs of the district, the results of the audit to be reported to the public. One copy of each audit must be kept in the office of the board, and one copy must be filed in the office of the Clerk of Court for Charleston County, to be open to the public;
(15) engage as a board not less than annually in an ongoing program of board development and training in policy governance and effective board operations; and
(16) ensure that the school district at every level complies with both the letter and the intent of all statutes, regulations, and directives that pertain to the engagement of parents and the broader community in the process of public education.
SECTION 10. In order to obtain funds for school purposes the board is authorized to impose an annual tax levy. The board shall hold a public hearing on the budget at least two weeks before its adoption for the purpose of receiving input to and answering questions about the budget. Notice of a public hearing must be advertised in a newspaper of general circulation in the county, and shall state the date, time, and place of the hearing as well as a clearly worded statement of the requested annual tax levy. Upon certification by the board to the county auditor of the tax levy to be imposed, the auditor shall levy and the county treasurer shall collect the millage so certified upon all taxable property in the district. The Board of Trustees of the Charleston County School District shall prepare and submit to the Charleston County Legislative Delegation, as information, on or before the fifteenth day of July of each year the budget for the ensuing school year.
SECTION 11. The Board of Trustees of the Charleston County School District shall make an annual written report to the County Legislative Delegation within sixty days of receipt of PACT results, the purpose of such report being to provide information on the rate and extent of improvement in the education effectiveness of the public schools of Charleston County. Information in the report must be limited to student achievement data and must compare student achievement from one year to the next, in both the aggregate and disaggregate. The categories for reporting data in the disaggregate shall be the same as required pursuant to federal reporting requirements. The report is not limited only to PACT results, but shall include other relevant and timely measures of student performance such as SAT, ACT, and Exit Exam results. Reports shall be made until such time as the county legislative delegation terminates this requirement by simple majority vote at any duly constituted meeting of the delegation.
SECTION 12. The Charleston County School District shall have until the end of the 2009-2010 school year to demonstrate adequate improvement. Adequate improvement shall be based on the school district's achievement of the appropriate points of the nine measures established by the Education Oversight Committee relative to the goal of South Carolina's student achievement being ranked in the top half of states nationally. Between July and October, 2010, the Charleston County School Board must give a full report and accounting of the progress that has been made in educating all of the children in Charleston County. Should the Charleston County School District fail to make adequate improvement, the General Assembly shall take such action as is necessary to cause this improvement, including the possibility of voting to deconsolidate the school district.
SECTION 13. Act 340 of 1967, as and if amended, is repealed.
SECTION 14. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator KUHN explained the amendment.
Senator PINCKNEY asked unanimous consent to make a motion to carry over the Bill.
Senator KUHN objected.
Senator KUHN continued explaining the amendment.
Senators FORD and GROOMS objected to further consideration of the Bill.
S. 163 (Word version) -- Senators Gregory and Hutto: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO PROHIBIT THE POSSESSION, SALE, OR IMPORTATION OF SNAKEHEAD FISH.
On motion of Senator GREGORY, with unanimous consent, the Bill was tabled.
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Senator LEATHERMAN explained the Bill.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator MARTIN moved that, pursuant to the motion of January 29, 2003, the Senate will stand adjourned to meet tomorrow at the time and subject to the limitations set forth in Rule 1B; and, further,
Senator MARTIN moved that, when the Senate adjourns on Thursday, February 13, 2003, it will stand adjourned to meet on Friday, February 14, 2003, at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and,
when the Senate adjourns on Friday, February 14, 2003, it will stand adjourned to meet in statewide session on Tuesday, February 18, 2003, at 12:00 Noon.
There was no objection and the motion was adopted.
On motion of Senator MARTIN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
On motion of Senator MARTIN, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor, and the following names were reported to the Senate in open session:
Having received a favorable report from the Chesterfield County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Chesterfield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Harold T. Conway, 243 Ingram Road, Jefferson, S.C. 29718 VICE Ronald D. Cundiff
Having received a favorable report from the Committee on Banking and Insurance, the following appointments were confirmed in open session:
Reappointment, Director, Department of Insurance, with term coterminous with Governor
Ernest N. Csiszar, 201 Holliday Road, Columbia, S.C. 29223
Having received a favorable report from the General Committee, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Social Services, with term coterminous with Governor
Kim S. Aydlette, 100 Trentwood Drive, Columbia, S.C. 29223 VICE Elizabeth G. Patterson
On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned in memory of Mr. Louie Linton Walters of Anderson, S.C., who passed away on February 10, 2003. He was born in Hartwell, GA. and was the son of the late Henry Madison and Inez Walters. He was a World War II Army Air Corps veteran and he retired as the co-owner of Walters and Hillman Men's Clothing Store. Mr. Walters was a member of St. John's United Methodist Church and the Victor Caudle Sunday School Class.
At 4:00 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M., pursuant to the provisions of Rule 1B.
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