Printed Page 2470, Apr. 23
| Printed Page 2490, Apr. 23
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Printed Page 2470, Apr. 23
| Printed Page 2490, Apr. 23
| Amend the bill, as and if amended, Section 56-3-7980, SECTION 1, page 1, by striking lines 34 through 39 and inserting:
/license plate is fifty-four dollars which must be distributed to the school districts where the purchasers of the license plates reside and spent at the school districts' discretion. The commemorative plate must be of/
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. HARRELL spoke against the amendment.
Reps. SIMRILL and McELVEEN spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.
Rep. HARRELL moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, H. Brown, T. Cain Clyburn Cotty Cromer Fleming Gamble Govan Harrell Harrison Hines, J. Hines, M. Jennings Keegan Kelley Kirsh Knotts Lanford Limehouse Littlejohn McKay McMahand McTeer Neilson Riser Sharpe Shissias Smith, R. Spearman Stille Stuart Townsend Tripp Waldrop Whipper, L. Whipper, S. Wilkins Witherspoon Wright
Allison Bailey Baxley Boan Cato Cave Chamblee Cooper Dantzler Davenport Delleney Easterday Hallman Harris, J. Haskins Hodges Howard Hutson Jaskwhich Keyserling Kinon Koon Law Lee Limbaugh Lloyd Marchbanks Mason McCraw McElveen Moody-Lawrence Phillips Rice Robinson Sandifer Scott Seithel Sheheen Simrill Smith, D. Stoddard Thomas Trotter Vaughn Walker Wells Whatley White Wilder Wilkes Williams Wofford Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 18, by the Committee on Judiciary.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.
The following Bill was taken up.
H. 4624 -- Reps. McKay, Sharpe, Limbaugh, Wells, Spearman and Askins: A BILL TO AMEND TITLE 48, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-65 SO AS TO AUTHORIZE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS ONLY UNDER CERTAIN CONDITIONS; AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.
Rep. McKAY explained the Bill.
Reps. STUART, CROMER, WITHERSPOON, MARCHBANKS, LOFTIS, SIMRILL, CAIN and RISER objected to the Bill.
The following Bill was taken up.
H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 18, by Rep. LANFORD.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Rep. JASKWHICH explained the Bill.
Rep. COOPER explained the Bill.
S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STILLE explained the Joint Resolution.
H. 4963 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-2550 SO AS TO CREATE A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO DEFINE THE TERM DUAL SENSORY IMPAIRED PERSON AND TO DEFINE THE ACRONYM "TTY" AS A KEYBOARD MECHANISM ATTACHED TO OR IN PLACE OF A STANDARD TELEPHONE USED TO TRANSMIT OR RECEIVE SIGNALS THROUGH TELEPHONE LINES; TO AMEND SECTION 58-9-2520, RELATING TO THE STATEWIDE PROGRAM WHICH PROVIDES TELEPHONE ACCESS TO PERSONS WHO ARE SPEECH OR HEARING IMPAIRED, SO AS TO EXPAND THE SCOPE OF THE STATEWIDE ACCESS PROGRAM; AND TO AMEND SECTION 58-9-2530, RELATING TO FUNDING OF THE DUAL PARTY RELAY SYSTEM, SO AS TO ALLOW A MONTHLY CHARGE ON ALL RESIDENTIAL AND BUSINESS LOCAL EXCHANGE ACCESS FACILITIES TO FUND A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS DEVICES IN THIS STATE.
Rep. TOWNSEND explained the Bill.
Rep. TOWNSEND explained the Joint Resolution.
The following Joint Resolution was taken up.
H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Rep. STILLE explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Wednesday, April 24, which was adopted.
The following Bill was taken up.
H. 4746 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-15 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER EDUCATION THAT FOLLOW ACADEMIC SCHEDULES MAY ESTABLISH LEGAL HOLIDAYS FOR THEIR EMPLOYEES DIFFERENT FROM THOSE PROVIDED BY LAW SO LONG AS THE TOTAL NUMBER OF HOLIDAYS IN ANY CALENDAR YEAR DOES NOT EXCEED THE TOTAL NUMBER OF LEGAL HOLIDAYS ALLOWED.
Rep. STILLE explained the Bill and moved to adjourn debate upon the Bill until Wednesday, April 24, which was adopted.
The following Joint Resolution was taken up.
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Rep. STILLE explained the Joint Resolution.
Rep. STILLE continued speaking.
Rep. COTTY objected to the Joint Resolution.
Rep. STILLE continued speaking.
Rep. WILKINS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one statewide day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22677SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Section 59-144-10. Funds available from the Children's Education Endowment Fund, as established in Chapter 143 of this title, must be used for public school facilities assistance 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. The district may use its allocation for payment of debt service provided that the debt service relates to school facilities as defined herein. As used in this chapter, `school facilities' only includes facilities necessary for instructional and related purposes including, but not limited to, classrooms, libraries, media centers, laboratories, cafeterias, physical education spaces, related interior and exterior facilities, and the conduit, wiring, and powering of hardware installations for classroom computers or for area network systems. `School facilities' does not include unimproved real property, centralized district administration facilities, or other facilities, including those normally identified with interscholastic sports activities.
Section 59-144-100. (A) Funds made available under this chapter must be allocated annually to the school districts as follows:
(1) sixty percent of the funds allocated annually to the several school districts for facilities' needs must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;
(2) forty percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;
(3) a district's annual allotment must be the sum of the two amounts calculated as provided in this subsection. Funds from a district's
(B) The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Children's Education Endowment Fund for facilities needs on a per pupil basis using weighted pupil units for one hundred percent of their allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils.
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
(h) educational facilities requirements at the primary, elementary, middle, and high school levels.
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 funds. The members of the advisory committee shall serve at the pleasure of the State Board of Education.
Section 59-144-120. 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 use of funds is documented.
Section 59-144-130. By December 1, 1998, the State Board of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.
Rep. EASTERDAY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
Printed Page 2470, Apr. 23
| Printed Page 2490, Apr. 23
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