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| Referred to Committee on Labor, Commerce and Industry.
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.
Referred to Committee on Labor, Commerce and Industry.
S. 741 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-22-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A PROFESSIONAL LAND SURVEYOR, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR GRADUATION FROM A SCHOOL OR COLLEGE OF TWO OR MORE YEARS WITH AN ASSOCIATE DEGREE IN AN ABET COMMISSION ACCREDITED CURRICULUM OF ENGINEERING TECHNOLOGY OR LAND SURVEYING, INCLUDING COMPLETED COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS SATISFACTORY TO THE BOARD; TO AMEND SECTION 40-22-240, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A TIER B PROFESSIONAL LAND SURVEYOR, SO AS TO PROVIDE FOR FIFTEEN, RATHER THAN TWELVE, SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS OF SURVEYING, MAPPING, HYDRAULICS, AND HYDROLOGY COURSES; TO AMEND SECTION 40-22-250, RELATING TO THE QUALIFICATIONS FOR
Referred to Committee on Labor, Commerce and Industry.
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO SECTION 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Keegan Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young-Brickell
STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, February 29. H.B. Limehouse III Ronald C. Fulmer John G. Felder Dewitt Williams James N. Law Mark S. Kelley Douglas E. McTeer, Jr. William D. Boan Theodore A. Brown George H. Bailey J. Michael Baxley Jesse E. Hines Douglas Jennings, Jr. L. Morgan Martin Joseph T. McElveen, Jr. C. Alex Harvin III Ralph W. Canty W. Jeffrey Young
The SPEAKER granted Rep. CARNELL a leave of absence for the day.
The SPEAKER granted Rep. J. YOUNG a temporary leave of absence.
The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day, due to business matters relating to his mother's death.
Announcement was made that Dr. David Gatti of Columbia is the Doctor of the Day for the General Assembly.
Rep. FLEMING, on behalf of the Union Delegation, presented to the House the Union High School Yellow Jackets Football team, winners of the 1995 AAAA State Championship, their coaches and other school officials.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part II.
Rep. SHEHEEN raised the Point of Order that Section 32 was out of order as it was not germane. He further stated that it amended three different Code Sections.
The SPEAKER sustained the Point of Order and ordered the section stricken from the Bill.
Section 33 was adopted.
Rep. HARRELL proposed the following Amendment No. 203 (Doc Name P:\amend\JIC\5346SD.96), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 24, by striking subsection C, which begins on line 32, page 520 and inserting:
/C. Title 59 of the 1976 Code is amended by adding:
Section 59-144-10. This chapter may be cited as the `Public School Facilities Assistance Act'. Funds available from the Educational Assistance Endowment Fund, as established in Chapter 143 of this title, must be used for the purposes of the Public School Facilities Assistance Act as provided in this chapter.
Section 59-144-20. For the benefit of the people of the State and the increase of their commerce, welfare, and prosperity, it is essential that the school districts of this State be assisted in obtaining adequate school facilities to assist youth in achieving the required levels of learning. It is the purpose of this chapter to provide a measure of assistance to the school districts of this State in securing the facilities and structures which are needed to accomplish the goals and purposes of public education, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-144-30. Funds made available through this chapter must be used for permanent school instructional facilities and fixed equipment including the costs for construction, improvement, enlargement, or renovation of public school facilities. However, after all construction and
Section 59-144-40. The State Budget and Control Board, in conjunction with the State Board of Education and the Advisory Committee herein established, shall be responsible for performing all the duties and functions under this chapter in regard to the allocation and distribution of the funds made available for public school district facilities needs.
Section 59-144-50. A school district may accumulate its allotments for up to seventy-two months to meet the facilities' needs identified in its capital improvement plan.
Section 59-144-100. (1) Funds made available under this chapter must be allotted annually to the school
districts using formulas based on facilities' needs, past fiscal effort in providing for facilities, and district
wealth. This allocation shall be made in the following manner:
(a) Fifty percent of the funds allocated annually to the several school districts for facilities' needs must be
distributed based on a standardized assessment of the districts' needs for facilities using a uniform estimate
of costs as established in Section 59-144-120. Individual district allotments must be based on the districts'
facilities' need relative to the state total facilities' need. For the first year's allotment, however, the
school districts' facilities' needs must be defined as the amount of needs reported in the 1994 Department
of Education Facilities Report. For the first two years of the program, district allotments must be adjusted
for an overstatement or an understatement of need. As the uniform assessment of needs and the
standardized cost allowances are implemented and as district facilities' needs are verified, subsequent
district allotments must be adjusted to correct for an overstatement of needs in any previous year.
(b) Twenty-five percent of the funds allocated annually to the school districts must be distributed based on equalized effort defined as the prior five years' average expenditures for capital projects and debt service,
(c) Twenty-five percent of the funds allocated annually must be distributed based on relative district wealth. Individual district allotments must be based on the prior year's Education Finance Act allocation relative to the state total allocation except that an adjustment must be made to provide a minimum factor as established by the State Board of Education so that a district shall qualify for a minimum amount of funding.
(d) A district's annual allotment must be the sum of the three amounts calculated as provided in this section. Funds from a district's allotment shall be made available as needed once approval is received from the State Board of Education pursuant to Chapter 23 of this title.
(2) Notwithstanding the provisions of Section 59-143-10 and this chapter, from the funds made available under this chapter from the public school facilities assistance allocation:
(a) Three million dollars annually for two consecutive years beginning with fiscal year 1996-97 must be allocated to the Governor's School for the Arts; and
(b) Five million dollars annually for three consecutive years beginning with fiscal year 1996-97 must be allocated to the Governor's School for Math and Science.
Section 59-144-110. The State Board of Education shall establish and appoint a twenty-member advisory committee to assist in developing guidelines, regulations, and standards pursuant to this chapter. The State Superintendent of Education shall recommend members for the advisory committee which shall include individuals with backgrounds in the following areas:
(a) capital improvements financing;
(b) building construction;
(c) school building design;
(d) district finances;
(e) district administration;
(f) local boards of trustees;
(g) classroom instruction; and
Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions to be paid from Public School Facilities Assistance Act funds. The members of the advisory committee shall serve at the pleasure of the State Board of Education.
Section 59-144-120. The State Board of Education responsibilities in regard to this chapter include:
(1) adopting policies, guidelines, and standards for a comprehensive school facility survey with annual updates to be undertaken by every district. The survey shall include a description of all existing school facilities and a list of needed renovations, modifications, and new construction projects. The Department of Education shall provide consultation and technical assistance with regard to the survey. The survey must be filed with the Department of Education and may be revised by the district following established guidelines. No school district which has not assisted with and complied with this survey is eligible to receive funds under this chapter. This comprehensive survey shall serve as the basis for a uniform statewide school facilities inventory and data base on building conditions and maintenance management. To this end, the Department of Education shall review district surveys to ensure complete and uniform reporting;
(2) adopting policies, guidelines, and regulations for district five-year comprehensive school facilities' improvement plans with annual updates. Local school district facilities construction plans shall include, but are not limited to, a list of construction projects currently eligible for funding under this chapter, school facilities projected as needed five years in the future, and proposed new construction, alterations, and renovations as appropriate for instructional programs to be listed in priority order;
(3) developing policies, guidelines, and standards for a uniform assessment of facilities' needs and standardized cost allowances for estimating the cost in meeting these needs in order to provide for a systematic reporting of each district's needs to be used in calculating the allotment of funds under Section 59-144-100. Facilities' needs include, but are not limited to, facility need capacity and condition, space requirements, program standards, and pupil growth. Costs allowances shall be developed to include such measures as costs per square foot, costs per pupil, or costs per teaching unit with such costs adjusted annually to reflect changes in the cost of labor and materials. These standards and cost allowances are to be used only for providing a uniform reporting of
(4) developing policies and guidelines for school districts to notify the State Board of Education of the anticipated times of expenditures from district allotments;
(5) adopting policies, standards, and regulations to ensure the accuracy of district reporting required under this chapter and the use of funds disbursed under this chapter.
Section 59-144-130. Every three years by December first beginning with the year 1998, the State Board of Education shall report to the General Assembly the projected five-year school facilities' improvement requirements reported by the school districts, the needs identified since the last report, and those previously identified needs addressed since the last report.
Section 59-144-140. The Department of Education's responsibilities shall include:
(1) providing staffing assistance to the State Board of Education and the advisory committee in the development of policies, guidelines, standards, and regulations implementing this chapter;
(2) providing technical assistance to school districts in completing the comprehensive school facilities' survey and annual updates and assisting districts in developing their five-year comprehensive school facilities' improvement plans;
(3) ensuring compliance with state standards and requirements, inspecting construction projects for education facilities, and approving completed construction pursuant to Chapter 23 of this title for projects paid for in whole or in part with funds allocated under this chapter. To assist with the inspection of construction projects, the State Board of Education may designate selected local units of administration which have staff qualified to conduct the inspections to act on behalf of the Department of Education; and
(4) reviewing each district's school facility surveys, funding applications, and financial reports to ensure compliance with the intent of this chapter.
Section 59-144-150. To qualify for funds under this chapter, each school district shall meet the conditions and qualifications provided for in this chapter. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented.
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