Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Almighty and all-wise God, use aright these servants of government to which they have been called. Show us the way we should go, that guided by Your way we may be high in purpose, wise in counsel and unwavering in duty. And in the administration of our sacred trust we may totally serve Your will, as we uphold the honor of this great State and set forth every worthy cause. As You once led the Children of Israel into the promised land, so lead us. Lead us, we pray, into Your purposes in this place, both now and always. 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 Saturday, the SPEAKER ordered it confirmed.
Rep. MEACHAM-RICHARDSON moved that when the House adjourns, it adjourn in memory of Miss Mary Ellen Davis, which was agreed to.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Battle Bowers Breeland Brown, H. Brown, J. Campsen Cato Clyburn Cobb-Hunter Cooper Cotty Dantzler Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Haskins Hayes Hinson Hosey Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Littlejohn Lloyd Loftis Lourie Mack McGee McKay McMahand Meacham-Richardson Miller Neal, J.M. Ott Perry Quinn Rhoad Rice Riser Rodgers Rutherford Sandifer Scott Sharpe Sheheen Smith, R. Stille Stuart Taylor Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, March 21.
James Lucas Ronald Townsend George Bailey Becky Martin Gary Simrill James Smith Walton McLeod Lewis Vaughn J. Cordell Maddox Alfred Robinson DeWitt McCraw Grady Brown John Hawkins Mack Hines E.B. "Mac" McLeod Jackson Whipper Jesse Hines Bessie Moody-Lawrence Fletcher Smith Leon Howard Alex Harvin Denny Neilson Clementa Pinckney Chip Huggins Jerry Govan Greg Delleney Douglas Jennings Anne Parks H.B. "Chip" Limehouse Converse Chellis Ralph Davenport Harry Askins Doug Smith Chuck Allen Marion Carnell Olin Phillips Lynn Seithel Timothy Wilkes Theodore A. Brown C. Anthony Harris, Jr. Joseph H. Neal Ralph W. Canty Larry Koon
STATEMENT FOR THE JOURNAL
I was late for roll call because I was returning from Tennessee where my son underwent back surgery.
Rep. Converse Chellis
The SPEAKER granted Rep. INABINETT a leave of absence for the week to attend a Rural Energy Issues Conference in Washington, D.C.
Announcement was made that Dr. Steven R. Ross of Florence is the Doctor of the Day for the General Assembly.
Rep. HARRELL moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Section 72, Part IB, cloture having been ordered on the Section.
STATEMENT BY REP. HARRELL
Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
Reps. ALLISON and CLYBURN proposed the following Amendment No. 554 (Doc Name h-wm\006\72p53allis.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, paragraph 53, page 562, lines 31-36 and page 563, lines 1-6, by amending the proviso to read:
/ 72.53. (GP: School Technology Initiative) From the funds appropriated/authorized to the Budget and Control Board's Office of Information Resources for the K-12 school technology initiative, the Board shall, Budget and Control Board's Office of Information Resources, in consultation with the State Department of Education and South Carolina Educational Television Commission shall administer the K-12 technology initiative funds which, begin the development of a statewide educational technology initiative. This initiative is are intended to provide technology connectivity for K-12 public schools throughout the State and should, to the maximum extent possible, involve public-private sector collaborative efforts. School Technology funds shall be used to conduct cost/benefit analyses of the various distance learning technologies, including but not limited two-way video/audio compared to one-way video/two-way audio. Funds may also be used to establish two-way video/audio pilot projects with selected school districts as part of the evaluation process. These projects and the ongoing SC Two Way Distance Learning Project must include or be modified to include an evaluation of the number of students served, pass/fail rate, number of sites, an analysis of capital costs, operating costs and employee FTEs required at each site and the determination of this type of technology as a viable teaching alternative. In the report, a comparison of the results of each site must be included with appropriate graphs and charts. The Budget and Control Board shall retain and carry forward funds to be used for the same purpose./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 130 (Doc Name h-wm\005\gt55.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 563, paragraph 55, lines 15-24, by striking the proviso in its entirety.
/ 72.55. (GP: Secretary of State Employee Rights) Where the provisions of this act transfer the Office of the Secretary of State or any particular entities, sections, division or portions thereof, to another state agency, department or division, the related employees of the Office of the Secretary of State are also transferred to and become part of the receiving agency, department or division unless otherwise specifically provided. All classified and unclassified personnel employed by the Office of the Secretary of State on the effective date of this act shall become employees of the receiving agency, department or division, and retain the same compensation, and grade level, as applicable, unless otherwise specifically provided. Employees transferred under this provision will not experience a break in service and, if at the time of transfer, they are covered by the provisions of the State Employee Grievance Procedure Act of 1982, they continue to be covered by the provisions of that act. This provision applies only to those employees who have at least a "meets" performance requirements rating in their position with the Office of the Secretary of State prior to the effective date of this act./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. STILLE proposed the following Amendment No. 315 (Doc Name h-wm\009\basebudget.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 563, paragraph 58, line 34, by striking /annual accountability reports for 1998-1999,/ and inserting /zero based budget process/
Amend further, line 36, by striking: /1999,/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. STILLE explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to table the amendment.
Rep. STILLE demanded the yeas and nays which were not ordered.
The amendment was then tabled.
Rep. KELLEY proposed the following Amendment No. 116 (Doc Name h-wm\005\zero2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 563, paragraph 58, lines 34-36, and page 564, lines 1-2, by amending the paragraph to read:
72.58. (GP: Base Budget Analysis) Agencies' annual accountability reports for 1998-1999 the prior fiscal year, as required in Section 1-1-810, must be accessible to the Governor, Senate Finance Committee, House Ways & Means Committee and to the public on or before November 1, 1999, for the purpose of a zero base budget analysis. Until performance based funding is fully implemented and reported annually, the state supported colleges, universities and technical schools shall report in accordance with Section 59-101-350.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
Rep. KIRSH raised the Point of Order that Paragraph 72.79 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order, ruled Paragraph 72.79 out of order and ordered it stricken from the Bill.
Rep. KIRSH proposed the following Amendment No. 114 (Doc Name h-wm\010\hkib566_14.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 566, paragraph 79, line 14, by striking:/
(GP: License Plate Replacement Schedule Study Committee) There is established the License Plate Replacement Schedule Study Committee consisting of five members as follows: a member of the House Ways and Means Committee and a member of the House Education in Public Works Committee, both appointed by the Speaker, a member of the Senate Finance Committee and a member of the Senate Transportation Committee, both appointed by the President Pro Tempore, and the Director of Department of Public Safety or his designee, all of whom serve ex officio. Vacancies must be filled in the manner of the original appointment./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. KIRSH raised the Point of Order that Paragraph 72.70 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order, ruled Paragraph 72.70 out of order and ordered it stricken from the Bill.
Rep. ALTMAN proposed the following Amendment No. 2 (Doc Name h-wm\005\lottery.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, paragraph line 28, by adding an appropriately numbered paragraph to read:
/No money collected, allocated or appropriated in this budget shall be spent or used directly or indirectly to influence the "yes" or "no" outcome of the November 7, 2000 AD state lottery referendum.
The South Carolina Budget and Control Board shall be responsible for enforcing this provision and shall report all violations or suspected violations to the South Carolina Attorney General's Office and to the South Carolina Law Enforcement Division for investigation and prosecution under such statutes made and provided./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. ALTMAN explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Campsen Cato Cooper Cotty Dantzler Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hayes Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Leach Lee Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McKay McLeod, W. Meacham-Richardson Miller Neal, J.H. Neal, J.M. Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Breeland Lloyd Rutherford
So, the amendment was adopted.
Rep. ALTMAN proposed the following Amendment No. 3 (Doc Name h-wm\005\raceneutral.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, paragraph line 28, by adding an appropriately numbered paragraph to read:
/No money collected, matched, allocated or spent by this budget shall be spent or used directly or indirectly to favor or prefer one race of persons over another but must be matched or spent in a race neutral manner.
The "disparate impact" doctrine shall not be used to plead against funds spent on health research or care, or in education.
The South Carolina Budget and Control Board shall be responsible for enforcing this provision and shall report all violations or suspected violations to the South Carolina Attorney General's Office and to the South Carolina Law Enforcement Division for investigation and prosecution under such statutes made and provided./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. ALTMAN moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 181 (Doc Name h-wm\010\hk_voiceml.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, paragraph 84, line 28, by adding an appropriately numbered paragraph to read:
/: (GP: Electronic Telephone Answering Devices) From the funds appropriated to state agencies, state agencies and their departments shall not expend funds for any type of electronic telephone answering device, including but not limited to voice mail or answering machines, during the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday, unless the voice mail system provides the caller with access to a non-electronic attendant or automatically transfers the caller to a nonelectronic attendant. All telephone menu options systems used by state and local government agencies, departments, or other government units must alert the caller to, and provide the caller with access to a non-electronic attendant._
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. G. BROWN and M. MCLEOD proposed the following Amendment No. 513 (Doc Name council\psd\amend\7119som00.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, paragraph 83, after line 27, by adding an appropriately numbered paragraph to read:
/ From the funds appropriated to state agencies, state agencies and their departments shall not expend funds for any type of electronic telephone answering device, including but not limited to voice mail or answering machines, during the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday. /
Renumber sections.
Amend title to conform.
Rep. G. BROWN explained the amendment.
Rep. G. BROWN moved to table the amendment, which was agreed to.
Rep. KOON proposed the following Amendment No. 580 (Doc Name council\bbm\amend\9392htc00.doc), which was adopted: Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, by adding an appropriately numbered paragraph at the end to read:
/ 72. __ (GP: Prohibition on Abortion Funding) No funds appropriated in Section 8, Part I of this act to the Department of Health and Human Services may be expended to procure abortions or offer abortion services. No funds appropriated in Section 63G, Part I of this act for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, nor may the State Health Plan offer coverage for abortion services. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. J. SMITH raised the Point of Order that Amendment No. 580 was out of order in that Section 8 of Part IA had been clinched and the amendment affected appropriations.
Rep. KOON argued contra.
Rep. HASKINS stated the amendment did not violate the rule of clinched sections in that it did not increase or decrease appropriations, it merely directed how the appropriations are to be spent.
Rep. SCOTT stated that the amendment as proposed had an effect on appropriations.
SPEAKER WILKINS stated that the amendment did not increase or decrease appropriations and did not change the purpose of the appropriations, but merely clarified how the appropriations are to be directed and spent within the purpose. He therefore overruled the Point of Order.
Rep. J. SMITH raised the Point of Order that Amendment No. 580 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bowers Brown, G. Brown, H. Campsen Cato Cooper Cotty Easterday Edge Emory Fleming Frye Gamble Gilham Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Littlejohn Loftis Lourie Lucas McGee McKay McLeod, W. Meacham-Richardson Neal, J.M. Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sheheen Simrill Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Bailey Bales Battle Breeland Brown, J. Carnell Cobb-Hunter Dantzler Hayes Hines, J. Hines, M. Hosey Howard Kennedy Lanford Lee Lloyd Mack McCraw McLeod, M. Miller Moody-Lawrence Neal, J.H. Ott Pinckney Rutherford Scott Smith, J. Whipper Wilder Woodrum
So, the amendment was adopted.
I was out of the Chamber momentarily and missed the vote on Amendment No. 580. If I had been in the Chamber, I would have voted yes, in support of this amendment.
Rep. Robert S. "Skipper" Perry
Rep. LEACH proposed the following Amendment No. 608 (Doc Name council\swb\amend\5113htc00.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, by adding an appropriately numbered paragraph to read:
/ 72. __. (GP: Prohibition on Certain Birth Control Methods) No funds appropriated in Section 8, Part I of this act to the Department of Health and Human Services may be expended to provide any birth control method designed to induce a chemical abortion. No funds appropriated in Section 63G, Part I of this act for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of a birth control method designed to induce a chemical abortion, nor may the State Health Plan offer coverage for such birth control methods./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LEACH moved to table the amendment, which was agreed to.
Rep. LOURIE moved to reconsider the vote whereby Amendment No. 580 was adopted and the motion was noted.
Rep. LEACH proposed the following Amendment No. 615 (Doc Name council\dka\amend\3799mm00.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, by adding an appropriately numbered paragraph to read:
/ 72. __. (GP: Prohibition on Certain Birth Control Methods) No funds appropriated in Section 8, Part I of this act to the Department of Health and Human Services may be expended to provide any birth control method designed to induce a chemical abortion, such as RU486 and any other "morning after" drug. No funds appropriated in Section 63G, Part I of this act for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of a birth control method designed to induce a chemical abortion, such as RU486 or other "morning after" drug, nor may the State Health Plan offer coverage for such birth control methods./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LEACH explained the amendment.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bowers Brown, G. Brown, H. Campsen Cato Cooper Cotty Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Littlejohn Loftis Lucas Maddox Martin McCraw McGee McKay McLeod, W. Meacham-Richardson Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, R. Stille Stuart Taylor Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Breeland Brown, J. Clyburn Cobb-Hunter Dantzler Gourdine Hayes Hines, J. Hines, M. Hosey Howard Kennedy Lee Lloyd Lourie Mack McLeod, M. Miller Moody-Lawrence Neal, J.H. Pinckney Rutherford Scott Smith, J. Whipper
So, the amendment was adopted.
Rep. KNOTTS proposed the following Amendment No. 618 (Doc Name h-wm\008\lobby.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, line 28, by adding an appropriately numbered paragraph to read:
/State agencies, departments and institutions are prohibited from using state appropriated funds for the direct or indirect purpose of lobbying the legislature./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KNOTTS explained the amendment.
Rep. KELLEY moved to table the amendment, which was agreed to.
Reps. WITHERSPOON, BARFIELD and MCKAY proposed the following Amendment No. 630 (Doc Name h-wm\005\tsf3.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, line 28, by adding an appropriately numbered paragraph to read:
/Of the funds authorized for the Department of Commerce, Economic Development Fund, $5,235,000 shall be transferred to the S.C. Tobacco Settlement Fund, Subfund B and utilized to reduce the impact on agricultural communities as a result of the tobacco settlement. In addition, another $2,000,000 shall be transferred to S. C. State University: $1,000,000 for deferred maintenance and $1,000,000 for Lowman Hall renovation. Also, another $265,000 shall be transferred to the Department of Labor, Licensing and Regulation for other operating expenses at the Fire Academy./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL moved to table the amendment, which was agreed to.
Reps. WITHERSPOON, EDGE, BARFIELD and MCKAY proposed the following Amendment No. 631 (Doc Name h-wm\005\tsf1.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, line 28, by adding an appropriately numbered paragraph to read:
/Of the funds appropriated to the Budget and Control Board, Division of Regional Development, local government grant fund, $2,500,000 shall be transferred to the S.C. Tobacco Settlement Fund, Subfund B and utilized to reduce the impact on agricultural communities as a result of the tobacco settlement./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WITHERSPOON explained the amendment.
Rep. J. SMITH raised the Point of Order that Amendment No. 631 was out of order in that Section 69C of Part IA had been clinched.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. WITHERSPOON, BARFIELD and MCKAY proposed the following Amendment No. 658 (Doc Name h-wm\005\tsf2.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, line 28, by adding an appropriately numbered paragraph to read:
/Of the funds authorized for the Department of Commerce, Economic Development Fund, $5,500,000 shall be transferred to the S.C. Tobacco Settlement Fund, Subfund B and utilized to reduce the impact on agricultural communities as a result of the tobacco settlement. In addition, another $2,000,000 shall be transferred to S. C. State University: $1,000,000 for deferred maintenance and $1,000,000 for Lowman Hall renovation./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WITHERSPOON explained the amendment.
Rep. J. SMITH raised the Point of Order that Amendment No. 658 was out of order in that Section 69C of Part IA had been clinched.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. COBB-HUNTER proposed the following Amendment No. 674 (Doc Name h-wm\002\lacofhosp.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, Gen. & Temp., page 567, paragraph line 28, by adding an appropriately numbered paragraph to read:
/The Legislative Audit Council shall conduct an audit of the Medicaid Hospital program, including the hospital Disproportionate Share Program. The purpose of this audit is to identify strategies and other hospital practices that can lead to more cost-effective, efficient hospital service provision. Among other things, this audit shall identify any fraudulent or wasteful hospital practices that can lead to greater cost savings for the Medicaid program. Findings from this audit shall be reported to the General Assembly by January 15, 2001. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 674 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. QUINN moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Martin McCraw McGee McKay Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Carnell Clyburn Cobb-Hunter Emory Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lanford Lee Lloyd Lourie Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Stuart Whipper Wilder
So, the amendment was tabled.
Rep. KOON proposed the following Amendment No. 690 (Doc Name h-wm\003\agri2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, line 28, by adding an appropriately numbered paragraph to read:
/Of the other funds authorized for the Department of Agriculture, $25,000 shall be used for equine survey./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KOON explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. WHIPPER raised the Point of Order that Amendment No. 690 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS overruled the Point of Order.
Rep. KIRSH moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barrett Breeland Brown, J. Campsen Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Easterday Edge Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Hosey Howard Keegan Kelley Kirsh Klauber Leach Lee Littlejohn Loftis Lourie Lucas Mack Maddox Martin Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neilson Parks Perry Phillips Pinckney Quinn Rice Rodgers Rutherford Sandifer Simrill Stille Taylor Townsend Tripp Trotter Vaughn Whatley Whipper Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Barfield Battle Bowers Brown, G. Brown, H. Carnell Cotty Delleney Emory Fleming Frye Harvin Hayes Huggins Jennings Kennedy Knotts Koon Lanford Limehouse Lloyd McCraw McGee McKay McLeod, M. McLeod, W. Neal, J.M. Ott Riser Robinson Scott Sharpe Sheheen Smith, F. Smith, J. Smith, R. Stuart Walker Webb Witherspoon
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 386 (Doc Name council\nbd\amend\11876ac00.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72-X90, page 567, general and temporary provisions, by adding an appropriately numbered paragraph to read:
/72. __ Notwithstanding any other provision of law, no state or federal funds may be appropriated:
(1) to an agency or organization which performs abortions;
(2) to provide birth control methods that cause chemical abortions;
(3) to provide birth control to unmarried persons;
(4) to perform sterilization of humans./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. LIMEHOUSE proposed the following Amendment No. 592 (Doc Name h-wm\002\refunds.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, line 28, by adding an appropriately numbered paragraph to read:
/Any state or local agency or department which identifies a situation where a person has been overcharged a fee, tax or charge due to a mistake on the part of the agency or department must refund the overcharge together with any required interest within a reasonable time but no later than ninety days after the determination by the agency or department that it was in error. Notwithstanding any other provision of law, no application for a refund is required from such person and the refund is required to be made whether or not applicable statutes of limitation or protest periods have run./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 592 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 676 (Doc Name h-wm\002\14longterm.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriations for community long term care services line into the Medicaid hospital services appropriation line/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
I made the motion to table Amendment No. 676, which I sponsored along with Representative Cobb-Hunter, because this amendment had been adopted in an earlier amendment.
Rep. Marion Carnell
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 677 (Doc Name h-wm\002\14dental.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriations for dental services into the Medicaid hospital services appropriation line./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. CARNELL explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. QUINN moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Frye Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McGee McKay Meacham-Richardson Neilson Perry Quinn Rice Riser Robinson Rodgers Sandifer Simrill Smith, D. Smith, R. Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, J. Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harvin Hayes Hines, J. Hosey Howard Jennings Kennedy Lanford Lee Lloyd Lourie Mack Maddox McCraw McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Stille Whipper Wilder
So, the amendment was tabled.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 680 (Doc Name h-wm\002\14physician.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriation for physician services into the Medicaid hospital services appropriation line/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 681 (Doc Name h-wm\002\14smi.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriations for smi-reg-medicare services into the Medicaid hospital services appropriation line./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. CARNELL explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. QUINN moved to table the amendment.
Rep. CARNELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Koon Leach Limehouse Loftis Martin McGee McKay Meacham-Richardson Perry Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Carnell Clyburn Cobb-Hunter Delleney Emory Gamble Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Knotts Lanford Lee Littlejohn Lloyd Lourie Mack McCraw McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Stille Stuart Whipper Wilder
So, the amendment was tabled.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 682 (Doc Name h-wm\002\14family.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriations for family planning services into the Medicaid hospital services appropriation line/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. LANFORD spoke in favor of the amendment.
Rep. QUINN moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Hawkins Hinson Keegan Kirsh Klauber Koon Law Leach Limehouse Loftis Lucas Martin McCraw McGee McKay Meacham-Richardson Perry Quinn Rice Riser Robinson Rodgers Sandifer Simrill Smith, R. Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Bowers Breeland Brown, G. Brown, J. Carnell Clyburn Cobb-Hunter Emory Gamble Gourdine Govan Hamilton Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Knotts Lanford Lee Littlejohn Lloyd Lourie Mack McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Stille Stuart Whatley Whipper Wilder
So, the amendment was tabled.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 683 (Doc Name h-wm\002\14clinical.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriation for clinical services into the Medicaid hospital services appropriation line/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. CARNELL explained the amendment.
Rep. QUINN spoke in favor of the amendment.
The amendment was then adopted.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 684 (Doc Name h-wm\002\14other.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriation for other Medicaid services into the Medicaid hospital services appropriation line./
Renumber sections to conform.
Amend totals and titles to conform.
The amendment was then adopted.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 685 (Doc Name h-wm\002\14child.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore no funds may be transferred from the appropriation for child health insurance services into the Medicaid hospital services appropriation line./
Renumber sections to conform.
Amend totals and titles to conform.
The amendment was then adopted.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 686 (Doc Name h-wm\002\14residential.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriations for residential care programs services into the Medicaid hospital services appropriation line/
Renumber sections to conform.
Amend totals and titles to conform.
The amendment was then adopted.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 687 (Doc Name h-wm\002\14assisted.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriation for assisted living services into the Medicaid hospital services appropriation line./
Renumber sections to conform.
Amend totals and titles to conform.
The amendment was then adopted.
Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 688 (Doc Name h-wm\002\14hospice.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriation for hospice services into the Medicaid hospital services appropriation line./
Renumber sections to conform.
Amend totals and titles to conform.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 689 (Doc Name h-wm\003\agri.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, line 28, by adding an appropriately numbered paragraph to read:
/Of the other funds authorized for the Department of Agriculture, $25,000 shall be used for agricultural diversity./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KOON moved to table the amendment, which was agreed to.
Reps. OTT, KENNEDY, BATTLE, HARVIN, COBB-HUNTER and CARNELL proposed the following Amendment No. 611 (Doc Name housedesk\h-member\tobaccoproviso2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, general and temporary, page 567, line 28, by inserting a new proviso/Notwithstanding any other provision of law or line item appropriation in this or any supplemental act, the $165,171,521 of tobacco settlement funds received during FY1999/2000 and FY2000/2001 and the first $102,805,528 of the Projected FY1999/2000 surplus revenues as estimated by the Board of Economic Advisors shall be appropriated in the following manner:
TOBACCO REVENUES
health care - 60%
DHHS
Hospital Base Clinics 1,400,000
Medicaid Dental Rate Increase
4,900,000
Medicaid Client Growth 21,245,000
Medicaid Product Growth 2,300,000
Edgefield County Hosp. 175,000
Senior Services 4,976,000
Rural Hospitals 2,900,000
Budget & Control Board - Office of Insurance Services
Senior Prescription Drugs 23,300,000
DHEC
Health Dept. Facility Repairs 500,000
KIDS COUNT Campaign 150,000
Disease Prevention 845,000
Youth Smoking Cessation 6,500,000
Newborn Hearing 902,000
DMH
Sexual Predator Program 1,375,366
DJJ Lawsuit 2,000,000
Crisis Stabilization 2,800,000
Local Care Community Serv. 700,000
DDSN
Community Residential Homes 3,074,000
Aging Caregivers Residen. Bed 5,000,000
DAODAS
The Bridge 300,000
Medicaid Match 3,316,660
Medicaid Utilization Review 200,000
Technical Upgrade 40,212
Youth Smoking Cessation 4,500,000
DSS
Emotionally Disturbed Children
5,500,000
Commission for the Blind
Facility maintenance 200,000
ECONOMIC DEVELOPMENT - 20%
Parks, Recreation & Tourism
Open Space 5,000,000
Dept. of Commerce
Coordinating Council Set Aside 10,000,000
Water & Wastewater Infra. for
Rural and Underdeveloped Areas 17,534,304
Small Business Technology Capital Seed 500,000
TOBACCO COMMUNITIES - 20%
Tobacco Farmers
Tobacco Farmers, Quota Holders,
Warehouseman 33,034,304
Total Tobacco Funds 165,171,521
FY 1999/2000 projected surplus
1. Medicaid Annualization 52,128,813
2. Medicaid Deficit Annuali. 50,676,715
Total Surplus 102,805,528
The non-recurring appropriations from surplus funds may be paid only after the close of the fiscal year and in the order shown, to the extent funds are available.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Rep. SHEHEEN raised the Point of Order that Paragraph 72.37 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order, ruled Paragraph 72.37 out of order and ordered it stricken from the Bill.
Rep. SHEHEEN raised the Point of Order that Paragraph 72.54 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order, ruled Paragraph 72.54 out of order and ordered it stricken from the Bill.
Rep. SHEHEEN raised the Point of Order that Paragraph 72.62 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. SHEHEEN raised the Point of Order that Paragraph 72.83 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The motion of Rep. LOURIE to reconsider the vote whereby Amendment No. 580 was adopted was taken up.
Rep. HASKINS moved to table the motion to reconsider, which was agreed to.
Section 72, as amended, was adopted.
Section 1 was adopted.
Rep. KELLEY proposed the following Amendment No. 691 (Doc Name council\skb\amend\18276htc00.doc), which was adopted:
Amend the bill, as and if amended, in Part II, Section 3, Section 9-1-2210, as contained in Section 3A., beginning on page 570, by striking subsections (A), (D), (F), (G), and (H) and inserting:
/ (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may participate in the Teacher and Employee Retention Incentive Program (program) when offered such an employment program by an employer participating in the system. A member participating in this program retires for the purposes of the system and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. A member is ineligible to participate in the program after receiving a normal retirement benefit from the system. The program participant shall agree to continue employment with an employer or employers participating in the system for a specified program period, but the total program period regardless of the number of employers may not exceed five years from the time the program begins. A break in service while participating in the program ends the program for the participant. The member shall notify the system of the length of the program period before the beginning of the program period and of any change in employer while in the program. Participation in the program does not guarantee employment for the specified program period.
(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant, and the balance, if any, transfers to the program employment in accordance with the employer's leave policies. A program employee accrues leave as a regular employee.
(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing either:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
The member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant thereafter is subject to the earnings limitation of Section 9-1-1790.
(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing either:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
(H) If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant thereafter is subject to the earnings limitation of Section 9-1-1790. The program participant must also receive the balance in the member's program account by selecting one of the following alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan./
Amend the bill further, as and if amended in SECTION 3, Section 9-1-1770, contained in Section 3F., page 574, line 8, by striking / death / and inserting / death life insurance/
Amend the bill further, as and if amended, page 576 by striking Section 3J. in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
Reps. TAYLOR and KLAUBER proposed the following Amendment No. 238 (Doc Name council\dka\amend\3769mm00.doc), which was ruled out of order:
Amend the bill, as and if amended, Part II, page 573, subsection D, SECTION 3, by striking on lines 5 and 15 / December 31 / and inserting / June 30, 2000 /.
Amend further, page 574, subsection F, SECTION 3, by striking on line 7 / December 31 / and inserting / June 30, 2000 /.
Amend further, page 576, by striking subsection K, SECTION 3 and inserting / This section takes effect July 1, 2000 /.
Renumber sections to conform.
Amend totals and title to conform.
Rep. TAYLOR explained the amendment.
Rep. KELLEY raised the Point of Order that Amendment No. 238 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. GAMBLE proposed the following Amendment No. 697 (Doc Name council\dka\amend\3808mm00.doc), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 3, page 576, by adding after line 30 an appropriately lettered subsection to read:
/ _. The second unnumbered paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 420 of 1994 is further amended to read:
"A period of time up to one year for each pregnancy not to exceed a total of three years service credit may be established for maternity leave provided the member pays the full actuarial cost as determined by the board. However, the payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy." /
Reletter subsections to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Rep. ROBINSON moved to divide the question on Section 3.
Rep. KELLEY moved to table the motion, which was agreed to by a division vote of 47 to 22.
Rep. ROBINSON raised the Point of Order that Section 3 was out of order in that it was not germane to the Bill under Rule 5.3.
Rep. HARRELL argued contra.
SPEAKER WILKINS stated that the amendment incurred the unfunded liability for the Retirement System and was directly related to and expressly germane to the purpose of the employer contribution appropriation referred to in the Bill and he overruled the Point of Order.
Section 3, as amended, was adopted.
I challenged Section 3 because, in my opinion, it is a fine example of fiscal irresponsibility and "bobtailing." Changes in the retirement laws should be made by separate legislation which is why I introduced H. 3875 last year. I do not object to an incentive to retain retired teachers or state employees. Section 3 of the General Appropriation Bill has winners and losers--the winners obviously are state employees. But they need to be cautioned to check retirement benefits for 30 years service versus 28 years. The losers are the taxpayers because we will pick up the $2.0 billion tab to fund the costs to implement Section 3. The reasons for this tremendous cost to the taxpayers are:
(1) a portion of the employer contributions to the retirement systems funds, in part, a reduction in the unfunded liability of the retirement system;
(2) the employer contribution (funded by taxes) is 7.55% of payroll, of which 2.55% retires the unfunded liability;
(3) the costs to the taxpayers for this 2.55% to eliminate the unfunded liability is approximately $142.0 million per year;
(4) the impact of Section 3 is to extend the unfunded liability in the retirement systems by 25 years and;
(5) the total costs to the taxpayers to fund Section 3 is over $2.0 billion based upon the annual cost times 25 years.
I am committed to protecting the taxpayers of this State by advocating fiscal conservatism and to eliminating the practice of "bobtailing."
Alfred B. Robinson, Jr.
Section 4 was adopted.
Rep. KLAUBER proposed the following Amendment No. 559 (Doc Name sjk\defcomp.doc), which was ruled out of order:
Amend the bill, as and if amended, Part II, page 577, by adding the following to Section 6:
(D) As an additional benefit for state employees the commission shall ensure that contracts entered into with third party vendors include provisions that direct the vendor to provide consultative services for plan participants. The vendor must make available for consultation individuals who are registered with the State of South Carolina as broker-dealer agents, investment advisers or investment adviser representatives, or who are exempt from state registration.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 559 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Section 6 was adopted.
Section 7 was adopted.
Reps. HAMILTON and W. MCLEOD proposed the following Amendment No. 479 (Doc Name council\nbd\amend\11900ac00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Section 10, Permanent Provisions, page 580 by deleting subsection D. on line 10 and inserting:
/D. Section 59-149-90 of the 1976 Code, as amended by Section 73, Part II, Act 100 of 1999, is further amended to read:
"Section 59-149-90. (A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug related misdemeanor offense is ineligible only for one calendar year after the adjudication, conviction, or plea occurred.
(B) Regardless of the number of hours attempted, once the student has earned a bachelor's degree, he is ineligible for a LIFE Scholarship to seek another degree.
(C) All students who earn a LIFE Scholarship under this chapter or the Palmetto Fellows Scholarship shall be recognized at graduation from high school with a certificate issued by the Department of Education."
E. This section takes effect July 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAMILTON explained the amendment.
The amendment was then adopted.
Rep. BALES proposed the following Amendment No. 628 (Doc Name council\pt\amend\1944dw00.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 10, by adding three new subsections immediately after subsection B, line 4, page 580, to read:
/___. Section 59-149-20 of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"Section 59-149-20. (A) To be eligible for a LIFE Scholarship, a student must be considered a resident of this State as provided in this chapter.
(B) A student attending such a public or independent institution of this State and who is seeking a LIFE Scholarship as a freshman meets the residency requirements of this chapter if he meets the requirements of Section 59-149-50(A) in regard to high school or home school graduation requirements and is classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution.
(C) Students receiving a Palmetto Fellows Scholarship are not eligible for a LIFE Scholarship under this chapter."
___. Section 59-149-60 of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"Section 59-149-60. The student may receive a LIFE Scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program. In addition, students in order to be eligible for these scholarships must enroll in an eligible institution within two years of graduating from high school."
___. The Palmetto Fellows Scholarship must be awarded to a qualifying student without regard to when the application is submitted./
Amend the bill further, as and if amended, by adding at the end of the caption to SECTION 10, on line 12, page 579, / TO AMEND SECTION 59-149-20, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS RECEIVING A PALMETTO FELLOW SCHOLARSHIP ARE NOT ELIGIBLE FOR A LIFE SCHOLARSHIP; TO AMEND SECTION 59-149-60, RELATING TO THE DURATION OF THE LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT A STUDENT IS ELIGIBLE FOR THE SCHOLARSHIP ONLY IF HE ENROLLS WITHIN TWO YEARS OF GRADUATING FROM HIGH SCHOOL; AND CLARIFY THAT A PALMETTO FELLOWS SCHOLARSHIP MUST BE AWARDED TO A QUALIFYING STUDENT WITHOUT REGARD TO WHEN THE APPLICATION IS SUBMITTED. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BALES explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Section 10, as amended, was adopted.
Rep. HAYES proposed the following Amendment No. 627 (Doc Name council\gjk\amend\21153sd00.doc):
Amend the bill, as and if amended, PART II, SECTION 11, page 580, by striking SECTION 11 in its entirety and inserting:
TO AMEND SECTION 9-1-1795 OF THE 1976 CODE, RELATING TO AN EXCEPTION TO THE LIMITATION OF CERTAIN EARNINGS OF A RETIRED CERTIFIED TEACHER IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT LOSS OF RETIREMENT BENEFITS, SO AS TO REVISE THE PROCEDURES THAT ARE REQUIRED TO BE FOLLOWED IN ORDER TO EMPLOY SUCH RETIRED TEACHERS.
A. Section 9-1-1795(B) of the 1976 Code, as added by Section 82, Part II, Act 100 of 1999, is amended to read:
/"(B) For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, non-retired member is available for employment in the position and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before July 15 of each year. After approval is received from the Department of Education, School districts must notify the State Board Department of Education of the engagement of a retired member as a teacher and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member."
B. This section takes effect July 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
Rep. SHEHEEN raised the Point of Order that Section 11 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. HAYES argued contra.
SPEAKER WILKINS sustained the Point of Order, ruled Section 11 out of order and ordered it stricken from the Bill.
Rep. SCOTT raised the Point of Order that Section 12 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. HARRELL argued contra.
SPEAKER WILKINS stated that Section 12 was directly related to a line item in Part I of the Bill and he therefore overruled the Point of Order.
Section 12 was adopted.
Rep. HARRELL moved that the House recede until 2:30 p.m., which was agreed to.
Further proceedings were interrupted by the House receding the pending question being consideration of Section 13, Part II.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
SPEAKER IN CHAIR
H. 4775--AMENDED AND INTERRUPTED DEBATE
Debate was resumed on the following Bill, the pending question being the consideration of Section 13, Part II.
Rep. KIRSH proposed the following Amendment No. 216 (Doc Name council\bbm\amend\9361htc00.doc), which was tabled:
Amend the bill, as and if amended, Part II, beginning on page 581, by striking SECTION 13 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to table the amendment.
Rep. KIRSH demanded the yeas and nays which were not ordered.
The amendment was then tabled.
Section 13 was adopted.
Section 14 was adopted.
Section 15 was adopted.
Rep. MILLER proposed the following Amendment No. 346 (Doc Name council\dka\amend\3809mm00.doc), which was tabled:
Amend the bill, as and if amended, Part II, SECTION 16, page 585, by inserting after line 27:
/ C. Section 59-21-1010(B) of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"(B)(1) The revenue derived from Sections 12-36-2620(2), 12-36-2630(2), and 12-36-2640(2) must be deposited by the State Treasurer in the South Carolina Education Improvement Act of 1984 Fund as a fund separate and distinct from the general fund of the State. All unappropriated money in this fund and earning on investments from this fund must remain part of the separate fund and must not be deposited in the general fund except as provided for in this section. Money from this fund may be spent only for elementary and secondary school purposes. Any change in the management or use of this fund for other than elementary and secondary education is permitted only by a two-thirds vote provided in this section.
(2) As provided in Section 11-11-150, there must be credited to the Trust Fund for Tax Relief in a fiscal year an amount sufficient to pay the reimbursement provided by this item. The Comptroller General, from the Trust Fund, annually shall pay into the South Carolina Education Improvement Act of 1984 Fund all revenues that would have been derived from Sections 12-36-2620(2), 12-36-2630(2), and 12-36-2640(2) except for the sales tax exemption in Section 12-36-2120 for food items which may be purchased lawfully with USDA food coupons."
D. Section 11-11-150(A) of the 1976 Code is amended by adding:
"(5) Section 59-21-1010(B)(2) for the sales tax exemption for food items which may be purchased lawfully with USDA food coupons." /
Reletter subsections to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MILLER explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Davenport Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McKay Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harris Hayes Hines, J. Hines, M. Hosey Howard Kennedy Lee Lloyd Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rhoad Scott Sheheen Smith, F. Wilder Wilkes
So, the amendment was tabled.
The question then recurred to the adoption of the Section.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bales Barfield Barrett Bowers Brown, H. Brown, J. Campsen Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Harrell Harrison Harvin Hawkins Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Loftis Maddox Martin McCraw McGee McKay McLeod, W. Meacham-Richardson Neal, J.M. Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, T. Cobb-Hunter Govan Hines, M. Hosey Lloyd Mack McMahand Miller Moody-Lawrence Neal, J.H. Pinckney Sheheen Smith, F. Wilkes
So, Section 16 was adopted.
I was temporarily out of the Chamber when the vote was taken to adopt Section 16, which eliminates the sales tax on food by one percent. I fully support this measure and will continue to work for equitable tax relief for our citizens.
Joel Lourie Jay Lucas
James Smith Denny W. Neilson
Todd Rutherford Lynn Seithel
Marion P. Carnell Dan Tripp
E. B. "Mac" McLeod Terry Haskins
Glenn Hamilton C. Anthony Harris
Douglas Jennings, Jr.
Rep. HARRELL explained the Section.
The question then recurred to the adoption of the Section.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bales Barfield Barrett Bowers Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Harvin Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox McCraw McGee McKay McLeod, M. McLeod, W. Meacham-Richardson Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Battle Breeland Brown, T. Clyburn Cobb-Hunter Emory Gourdine Govan Hayes Hines, J. Hines, M. Hosey Jennings Lloyd Mack Miller Neal, J.H. Neal, J.M. Parks Pinckney Rutherford Scott Sheheen Whipper
So, Section 17 was adopted.
Section 18 was adopted.
Section 19 was adopted.
Rep. SHEHEEN raised the Point of Order that Section 20 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. HARRELL argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. SHEHEEN moved to table the Section, which was rejected.
Section 20 was adopted.
Rep. GAMBLE proposed the following Amendment No. 702 (Doc Name council\dka\amend\3806mm00.doc), which was tabled:
Amend the bill, as and if amended, Part II, subsection B., as contained in SECTION 21, page 589, by striking lines 5 through 7, and inserting:
/ All elements of the plans regarding prescription drug benefit, other than items (1), (2), and (3) above, must remain unchanged from the manner in which the plans operated in calendar year 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. GAMBLE spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
Rep. HASKINS moved to table the amendment.
Rep. GAMBLE demanded the yeas and nays which were not ordered.
The amendment was then tabled.
Section 21 was adopted.
Rep. KIRSH proposed the following Amendment No. 128 (Doc Name council\bbm\amend\9352htc00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 589, by striking SECTION 22 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. RICE proposed the following Amendment No. 613 (Doc Name council\pt\amend\1961dw00.doc), which was rejected:
Amend the bill, as and if amended, PART II, beginning on page 589 and line 25, by striking SECTION 23 and inserting:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 7 TO CHAPTER 30, TITLE 46 SO AS TO ESTABLISH A SEPARATE AND DISTINCT SOUTH CAROLINA TOBACCO HEALTH CARE TRUST FUND INTO WHICH MONIES RECEIVED FROM THE MASTER SETTLEMENT AGREEMENT BETWEEN VARIOUS UNITED STATES TOBACCO PRODUCT MANUFACTURERS AND THE STATE OF SOUTH CAROLINA ALLOTTED FOR HEALTH CARE MUST BE DEPOSITED; AND TO PROVIDE THAT OF THE AMOUNTS REQUIRED TO BE USED FOR HEALTH-RELATED EXPENDITURES, FIFTY PERCENT OF THESE PROCEEDS MUST BE ALLOCATED TO TOBACCO EDUCATION AND TOBACCO HEALTH CARE AND FIFTY PERCENT MUST REMAIN IN THE FUND.
A. Chapter 30, Title 46 of the 1976 Code is amended by adding:
Section 46-30-610. (A) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds entitled the South Carolina Tobacco Health Care Trust Fund. For fiscal year 2000-2001, monies in the fund will be expended for health-related expenditures as provided in the 2000-2001 General Appropriations Act. Beginning with Fiscal Year 2001-2002, monies received from the Tobacco Settlement Fund for health care must be deposited in the Health Care Trust Fund for health-related expenditures must be expended by the General Assembly as follows: fifty percent of new funds and fifty percent of the interest of that portion accrued shall be expended on tobacco education and tobacco health care related issues and the remainder shall remain in trust.
(B) Monies deposited and credited to the general fund pursuant to Paragraph 72.73, Part IB, Act 100 of 1999, are deemed to have been credited to the Tobacco Health Care Trust Fund created herein and may not be considered in the sums from which percentage calculations are made and percentage allocations are determined for any other budgetary purpose whatever."
B. This section takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RICE explained the amendment.
Rep. MOODY-LAWRENCE raised the Point of Order that Amendment No. 613 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Campsen Carnell Cato Chellis Cooper Cotty Davenport Easterday Edge Fleming Frye Gilham Govan Hamilton Harrison Haskins Hawkins Hinson Keegan Kirsh Koon Lanford Law Leach Littlejohn Loftis Lourie Martin Meacham-Richardson Ott Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Stille Taylor Townsend Tripp Trotter Walker Webb Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Dantzler Delleney Emory Gourdine Harrell Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Huggins Jennings Kelley Kennedy Klauber Knotts Lee Limehouse Lloyd Lucas Mack Maddox McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Parks Perry Phillips Pinckney Quinn Rhoad Rutherford Scott Sheheen Smith, F. Smith, R. Stuart Whatley Whipper Wilkes
So, the amendment was rejected.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Section 23, Amendment No. 613
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Margaret Gamble
District No. 89
Rep. HASKINS proposed the following Amendment No. 582 (Doc Name council\bbm\amend\9390htc00.doc), which was adopted:
Amend the bill, as and if amended, Part II, beginning on page 589, by striking Section 23 and inserting:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 30, TITLE 46 SO AS TO ESTABLISH THE TOBACCO SETTLEMENT FUND INTO WHICH MONIES RECEIVED BY THIS STATE UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT MUST BE DEPOSITED, TO PROVIDE THAT THE FUND IS SEPARATE AND DISTINCT FROM OTHER STATE TREASURY FUNDS AND THAT ITS EARNINGS ARE RETAINED, AND TO PROVIDE THAT FOR FISCAL YEAR 2000-2001, EIGHT MILLION DOLLARS OF FUND REVENUE MUST BE USED FOR LOSS REIMBURSEMENTS TO TOBACCO GROWERS, QUOTA HOLDERS, AND WAREHOUSEMEN WITH THE BALANCE USED FOR HEALTH-RELATED EXPENDITURES AND IN SUBSEQUENT FISCAL YEARS TO PROVIDE THAT EIGHTY PERCENT OF FUND REVENUES MUST BE USED FOR HEALTH-RELATED EXPENDITURES AND TWENTY PERCENT FOR LOSS REIMBURSEMENTS TO TOBACCO GROWERS, QUOTA HOLDERS, AND WAREHOUSEMEN, TO PROVIDE FOR THE METHOD OF DETERMINING ELIGIBILITY FOR AND THE AMOUNT OF THESE REIMBURSEMENTS, TO PROVIDE FOR THESE REIMBURSEMENTS THROUGH JUNE 30, 2012, AND TO PROVIDE THAT AFTER THAT DATE, THE TOBACCO SHARE OF THE FUND MUST BE USED BY THE DEPARTMENT OF COMMERCE TO REVITALIZE THE ECONOMIES OF TOBACCO COMMUNITIES, AND TO ESTABLISH THE JOINT COMMITTEE ON TOBACCO SETTLEMENT FUND HEALTH EXPENDITURES AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, REPORTING DATE, AND ABOLITION ON THE EARLIER OF ITS REPORTING DATE OR DECEMBER 31, 2000.
A. Chapter 30, Title 46 of the 1976 Code is amended by adding:
Section 46-30-510. (A) There is established in the State Treasury a fund separate and distinct from all other funds styled the 'Tobacco Settlement Fund' (fund) into which must be deposited all revenues payable to this State pursuant to the Master Settlement Agreement as described in Section 11-47-20(e). Earnings on the fund must be credited to the fund.
(B) Fund revenues must be used as follows:
(1) For fiscal year 2000-2001, eight million dollars must be used as provided in item (3)(a) and the balance must be used for health-related expenditures;
(2) For fiscal years beginning after June 30, 2001, eighty percent of fund revenues in a fiscal year must be used for health-related expenditures; and
(3) twenty percent of fund revenues in a fiscal year must be used for tobacco community programs including:
(a) as a first priority, reimbursement to tobacco growers, tobacco quota holders, and tobacco warehousemen for actual losses due to reduced quotas. For purposes of this subitem, 'tobacco quota owner' and 'tobacco grower' have the meaning provided in Section 46-30-210, and the reimbursement is for losses incurred in reduced cultivation of tobacco in this State. The South Carolina Tobacco Community Development Board created pursuant to Section 46-30-230 shall:
(i) identify the tobacco growers, tobacco quota holders, and tobacco warehousemen of the State eligible for payments from these state funds, applying among other criteria it determines appropriate, the eligibility criteria for payments by the National Tobacco Growers Settlement Trust;
(ii) determine the respective amount of payment the eligible tobacco grower, tobacco quota holder, and tobacco warehousemen shall receive; and
(iii) submit this information to the State Treasurer.
(b) The reimbursement program provided pursuant to subitem (a) must continue through June 30, 2012. After June 30, 2012, any balance after the reimbursements provided pursuant to subitem (a) must be used by the Department of Commerce for economic revitalization of tobacco communities."
B. There is established the Joint Committee on Tobacco Settlement Fund Health Expenditures consisting of eight members as follows: four members appointed by the President Pro Tempore of the Senate and four members appointed by the Speaker of the House. Any member of the General Assembly appointed shall serve ex officio. The committee shall meet, organize, study, and report its recommendations to the General Assembly on the following issues relating to Tobacco Settlement Fund health expenditures:
(1) the appropriate allocations of these revenues among competing health needs;
(2) whether the stream of tobacco revenues due the state should be "securitized"; and
(3) the best way to appropriate these revenues, whether as part of the annual general appropriations act or by some other separate legislative vehicle.
The committee shall make a final report and recommendations to the General Assembly no later than December 31, 2000. The committee is abolished on the earlier of the date of its report and recommendations or December 31, 2000. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem authorized by law for members of state boards, committees, and commissions to be paid from the approved accounts of their appointing authority. Vacancies must be filled in the manner of original appointment. Expenses of the committee must be paid equally from approved accounts of both houses.
C. Monies deposited and credited to the general fund pursuant to Paragraph 72.73, Part IB, Act 100 of 1999, are deemed to have been credited to the separate and distinct Tobacco Settlement Fund created herein and may not be considered in the sums from which percentage calculations are made and percentage allocations are determined for any other budgetary purpose whatever./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. W. MCLEOD raised the Point of Order that Amendment No. 582 was out of order in that it was not germane to the Bill and that Section 23 in Part IA had been clinched.
SPEAKER WILKINS stated that the amendment was germane to the Bill and it did not affect appropriations in Section 23 in Part IA of the Bill and he therefore overruled the Point of Order.
Rep. HASKINS continued speaking.
Rep. HASKINS spoke in favor of the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. CARNELL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. F. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Davenport Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Maddox Martin McGee McKay Meacham-Richardson Neilson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, T. Canty Carnell Clyburn Cobb-Hunter Dantzler Delleney Emory Gourdine Govan Harris Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Smith, F. Smith, J. Whipper Wilder Wilkes
So, the amendment was adopted.
Even though I voted against Amendment No. 582, (the 80-20 plan), I totally support 20% for the farmer. I had hoped to get 20% for rural economic development.
Rep. Jackie Hayes
I voted against Amendment No. 582, the 80-20 plan, because I believe that 100% of the Tobacco Settlement Funds should go towards health care and smoking prevention. These funds could be used for among other things, a senior citizens prescription plan, newborn hearing screening, assisting the hospitals with their Medicaid shortfall, and educating teenagers about the dangers of smoking.
Jimmy Bales Joel Lourie
James E. Smith, Jr.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Section 23, Amendment No. 582
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Margaret Gamble
District No. 89
Rep. SEITHEL proposed the following Amendment No. 310 (Doc Name council\dka\amend\3773mm00.doc), which was tabled:
Amend the bill, as and if amended, Part II, by striking SECTION 23 and inserting:
TO AMEND CHAPTER 30, TITLE 46 OF THE 1976 CODE, RELATING TO THE TOBACCO ECONOMY, BY ADDING ARTICLE 5 SO AS TO ESTABLISH A HEALTH CARE TRUST FUND, SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND, INTO WHICH MUST BE DEPOSITED THE MONIES FROM THE SETTLEMENT OF THE LAWSUIT AGAINST TOBACCO COMPANIES BY THE STATE OF SOUTH CAROLINA, INCLUDING INCOME FROM THE INVESTMENT OF THOSE MONIES; TO PROVIDE THAT THE TRUST FUND REMAIN INVIOLATE AND NEVER BE EXPENDED, WITH CERTAIN EXCEPTIONS; TO ESTABLISH A HEALTH CARE EXPENDABLE FUND INTO WHICH MUST BE TRANSFERRED ANNUALLY CERTAIN MONIES FROM THE HEALTH CARE TRUST FUND; TO PROVIDE THAT THE MONIES IN THE HEALTH CARE EXPENDABLE FUND BE AVAILABLE FOR APPROPRIATION BY THE GENERAL ASSEMBLY, AND BE EXPENDED EXCLUSIVELY FOR HEALTH CARE PURPOSES; TO ESTABLISH A BOARD OF DIRECTORS TO MANAGE THE HEALTH CARE TRUST FUND AND THE HEALTH CARE EXPENDABLE FUND, TO PROVIDE FOR ITS MEMBERSHIP AND ITS POWERS AND DUTIES, TO PROVIDE THAT THE BOARD INVEST THE MONIES IN THE FUNDS IN ANY OF THE INVESTMENTS AUTHORIZED FOR INVESTMENT BY THE STATE OF SOUTH CAROLINA, AND TO PROVIDE FOR RELATED POWERS AND DUTIES OF THE BOARD.
A. It is declared by the General Assembly that the funds received by the State of South Carolina from tobacco companies in settlement of a certain lawsuit brought against those companies by the State of South Carolina, or as a result of the settlement of any lawsuit brought against tobacco companies by another state, must be applied toward improving the health and health care of the citizens of this State. It is the intent of the General Assembly by this article to provide the manner and means necessary to carry out those purposes.
B. Chapter 30, Title 46 of the 1976 Code is amended by adding:
Section 46-30-510. This article may be cited as the 'Tobacco Health Care Funds Act'.
Section 46-30-520. When used in this article, unless the context requires otherwise:
(1) 'Health care trust fund' means the trust fund established by Section 46-30-530 for the deposit of the monies received by the State of South Carolina as a result of the tobacco settlement, including income from the investment of those monies.
(2) 'Health care expendable fund' means the fund established by Section 46-30-540 for the annual transfer of certain monies from the Health Care Trust Fund that are available for appropriation by the General Assembly.
(3) 'Income' means all interest and dividends derived from the investment of any tobacco settlement monies and any capital gains from the sale or exchange of those investments.
(4) 'Tobacco settlement' means the settlement of any case brought against tobacco companies by this State or another state.
Section 46-30-530. (A) There is established the Health Care Trust Fund, separate and distinct from the state general fund, into which must be deposited one hundred sixty five million, one hundred seventy-one thousand, five hundred twenty-one dollars of the monies received by the State of South Carolina as a result of the tobacco settlement as of the end of fiscal year 2000, and all tobacco settlement installment payments made in subsequent years for which the use or purpose for expenditure is not restricted by the terms of the settlement, except as otherwise provided in Section 46-30-540(B). All income from the investment of the monies in the health care trust fund must be credited to the account of the Health Care Trust Fund. The monies in the Health Care Trust Fund at the end of the fiscal year may not lapse into the state general fund.
(B) The Health Care Trust Fund must remain inviolate and may never be expended, except as provided in this article. The General Assembly must appropriate from the Health Care Trust Fund such sums as necessary to recoup any monies lost as a result of any of the following actions:
(1) the federal Health Care Finance Administration, or other agency of the federal government, is successful in recouping tobacco settlement funds from the State of South Carolina;
(2) the federal share of funds for the support of the South Carolina Medicaid Program is reduced directly or indirectly as a result of the tobacco settlement;
(3) federal funding for any other program is reduced as a result of the tobacco settlement; or
(4) tobacco cessation programs are mandated by the federal government or court order.
Section 46-30-540. (A) In accordance with the purposes of this article, there is established the Health Care Expendable Fund, into which must be transferred from the Health Care Trust Fund the following sums in fiscal year:
(1) 2001, fifty million dollars;
(2) 2002, fifty-five million dollars;
(3) 2003, sixty million five hundred thousand dollars;
(4) 2004, sixty-six million five hundred thousand dollars;
(5) 2005 and each subsequent year, a sum equal to the average annual amount of the income from the investment of the funds in the health care trust fund since July 1, 2000.
(B) In any fiscal year in which interest and dividends from the investment of the monies in the health care trust fund are not sufficient to fund the full amount of the annual transfer into the Health Care Expendable Fund as required in subsection (A), the State Treasurer shall transfer from tobacco settlement installment payments an amount that is sufficient to fund fully the amount of the annual transfer.
(C) All income from the investment of the monies in the Health Care Expendable Fund must be credited to the account of the Health Care Expendable Fund. The monies in the Health Care Expendable Fund at the end of the fiscal year may not lapse into the state general fund.
(D) The monies in the Health Care Expendable Fund are available for expenditure pursuant to specific appropriation by the General Assembly beginning in fiscal year 2001, and must be expended exclusively for health care purposes.
Section 46-30-550. (A) There is established a board of directors to invest the monies in the Health Care Trust Fund and the Health Care Expendable Fund. The board of directors consists of the following fourteen members:
(1) eight voting members: the State Treasurer, or his designee; the Attorney General, or his designee; and one member from each congressional district to be appointed by the Governor with the advice and consent of the Senate. Of the members appointed by the Governor:
(a) one member must be appointed for an initial term that expires March 1, 2001;
(b) one member must be appointed for an initial term that expires March 1, 2002;
(c) one member must be appointed for an initial term that expires March 1, 2003;
(d) one member must be appointed for an initial term that expires March 1, 2004;
(e) one member must be appointed for an initial term that expires March 1, 2005;
(f) one member must be appointed for an initial term that expires March 1, 2006.
Upon expiration of any of the initial terms of office, the Governor shall appoint successors by and with the advice and consent of the Senate for terms of five years from the expiration date of the previous term. A member appointed by the Governor is eligible for reappointment. Each member appointed by the Governor shall possess knowledge, skill, and experience in business or financial matters commensurate with the duties and responsibilities of the board of directors in administering the health care trust fund and the health care expendable fund.
(2) two nonvoting, advisory members of the Senate and one nonvoting, advisory representative of the health care community must be appointed by the Lieutenant Governor. They shall serve for the length of the term of the appointing official and are eligible for reappointment;
(3) two nonvoting, advisory members of the House of Representatives and one nonvoting, advisory representative of the health care community must be appointed by the Speaker of the House. They shall serve for the length of the term of the appointing official and are eligible for reappointment;
(4) a person appointed to fill a vacancy on the board of directors must be appointed in the same manner as for a regular appointment and shall serve for the remainder of the unexpired term only.
(B) Nonlegislative members of the board of directors shall serve without compensation, but must be reimbursed for each day's official duties of the board at the same per diem, subsistence, and mileage as provided by law to members of state boards, committees, and commissions. Legislative members of the board of directors shall receive the same per diem, subsistence, and mileage as for attending committee meetings when the General Assembly is not in regular session.
(C) The State Treasurer shall serve as chairman of the board of directors. The board of directors shall elect annually one member to serve as vice chairman of the board. The vice chairman shall act as chairman in the absence of or upon the disability of the chairman or if there is a vacancy in the office of chairman.
(D) All expenses of the board of directors in carrying out its duties and responsibilities pursuant to this article, including the payment of compensation as provided for in subsection (B) to nonlegislative members of the board, must be paid from funds appropriated to the Office of the State Treasurer for that purpose.
(E) The board of directors shall invest the funds in the Health Care Trust Fund and the Health Care Expendable Fund in any of the investments authorized for investments by the State of South Carolina.
(F) In furtherance of the powers granted under subsection (E), the board of directors has the powers to carry out the purposes and provisions of this article including, but not limited to, the powers to:
(1) contract for necessary goods and services, to employ necessary personnel, and to engage the services of consultants for administrative and technical assistance in carrying out its duties and responsibilities in administering the Health Care Trust Fund and the Health Care Expendable Fund;
(2) administer the Health Care Trust Fund and the Health Care Expendable Fund in a manner that is sound actuarially for meeting the obligations of this article and to establish a comprehensive investment plan for the purposes of this article, which shall specify the investment policies to be utilized by the board of directors in administering the funds;
(3) sell, assign, transfer, and dispose of any of the securities and investments of the Health Care Trust Fund and the Health Care Expendable Fund, except that any sale, assignment, or transfer must have the majority approval of the entire board; and
(4) prepare or cause to be prepared annually an appropriately detailed report giving an accounting of the Health Care Trust Fund and the Health Care Expendable Fund and a description of the financial condition of the funds at the close of each fiscal year, including recommendations for legislation regarding the investment authority of the board of directors over the funds. The report must be submitted to the Governor, the Senate Finance Committee, and the House Ways and Means Committee each fiscal year." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SEITHEL explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. LOURIE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bales Barfield Barrett Battle Brown, H. Brown, T. Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Frye Gilham Gourdine Harrell Harrison Harvin Haskins Hawkins Hayes Hines, M. Hinson Hosey Howard Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Loftis Lucas Martin McCraw McGee McKay Meacham-Richardson Miller Neal, J.M. Neilson Ott Parks Perry Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Bowers Breeland Brown, J. Campsen Cobb-Hunter Emory Fleming Gamble Govan Hines, J. Jennings Littlejohn Lloyd Lourie Mack Maddox McLeod, W. Moody-Lawrence Neal, J.H. Pinckney Scott Seithel Smith, J. Stuart Whipper Wilder
So, the amendment was tabled.
Reps. J. H. NEAL and CANTY proposed the following Amendment No. 656 (Doc Name council\psd\amend\7137SOM00.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 23, page 590, line 14, by adding an appropriately lettered subsection to read:
/ ( ) Starting with Fiscal Year 2001-2002, and of the net revenue received annually from the tobacco settlement proceeds an amount annually of not less than one-half percent and not exceeding three percent must be allocated to AIDS/HIV prevention and education programs. These monies must be distributed to community-based nonprofit organizations involved in AIDS/HIV prevention and education and fifty percent of the funds annually must be targeted to the communities with the highest rates of AIDS/HIV infection. However, for Fiscal Year 2000-2001, $200,000 of the amount appropriated for the Department of Health and Environmental Control facility repairs from tobacco settlement proceeds, and $800,000 of the amount appropriated for the Department of Mental Health crisis stabilization from tobacco settlement proceeds shall be used for the purposes of AIDS/HIV prevention and education programs./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. H. NEAL explained the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 656 was out of order in that Section 69C in Part I had been clinched.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Section 23, as amended, was adopted.
The SPEAKER granted Rep. KLAUBER a leave of absence for the remainder of the day.
The SPEAKER granted Rep. EMORY a leave of absence for the remainder of the day.
Reps. NEILSON, STUART, RHOAD, LUCAS and SIMRILL proposed the following Amendment No. 1 (Doc Name council\swb\amend\5098htc00.doc), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-37-250, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ANNUAL HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE WHO ARE TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO PROVIDE THAT THE DOLLAR AMOUNT OF THE TWENTY THOUSAND DOLLAR HOMESTEAD EXEMPTION SHALL BE ADJUSTED ANNUALLY BEGINNING IN 2000 BY THE COMPTROLLER GENERAL TO REFLECT ANY PERCENTAGE INCREASE IN THE PRIOR YEAR'S CONSUMER PRICE INDEX FOR THE SOUTHEAST REGION AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR.
Section 12-37-250 of the 1976 Code, as last amended by Act 107 of 1997, is further amended by adding a new paragraph at the end:
"The dollar amount of the twenty thousand dollar homestead exemption provided for herein shall be adjusted annually beginning in 2000 by the Comptroller General to reflect any percentage increase in the prior year's consumer price index for the southeast region as published by the United States Department of Labor."/
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Rep. NEILSON explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 1 was out of order under Rule 5.3B in that it was not germane to the Bill.
Rep. NEILSON argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. STUART spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kennedy Kirsh Koon Lanford Law Leach Limehouse Loftis Martin McGee Perry Quinn Rice Riser Robinson Rodgers Sandifer Sheheen Taylor Townsend Walker Webb Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Davenport Delleney Fleming Gamble Gourdine Govan Harris Harvin Hayes Hines, J. Hosey Jennings Knotts Lee Littlejohn Lloyd Lourie Lucas Mack Maddox McCraw McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Trotter Whatley Whipper Wilder
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. M. MCLEOD proposed the following Amendment No. 176 (Doc Name council\gjk\amend\21081sd00.doc), which was tabled:
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-149-55 SO AS TO PROVIDE THAT PART-TIME STUDENTS ALSO QUALIFY FOR A LIFE SCHOLARSHIP, TO DEFINE PART-TIME STUDENTS FOR THIS PURPOSE, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THEY SHALL BE ELIGIBLE.
The 1976 Code is amended by adding:
"Section 59-149-55. Notwithstanding any other provision of law, part-time students defined as students taking a minimum of six hours a semester and having at least thirty total credit hours earned also qualify for a LIFE Scholarship under the conditions provided in this section. The part-time student must meet all requirements of this chapter except for credit hour requirements and must have a minimum of a 3.0 cumulative grade point average on a 4.0 scale for the total number of credit hours completed. The amount of the LIFE Scholarship for part-time students for any year shall be the number of credit hours earned the previous academic year divided by thirty times the applicable dollar amount at the institution. The duration of the LIFE Scholarship shall not exceed the limits provided in Section 59-149-60."/
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Rep. M. MCLEOD explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. M. MCLEOD spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. PINCKNEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis McCraw McGee McKay Neilson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Stille Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Bales Barfield Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Gourdine Govan Harvin Hawkins Hayes Hines, J. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Lucas Mack Maddox Martin McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Phillips Pinckney Rutherford Sheheen Simrill Smith, F. Smith, J. Stuart Taylor Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. M. MCLEOD proposed the following Amendment No. 177 (Doc Name council\nbd\amend\11868sd00.doc), which was tabled:
Amend the bill, as and if amended, PART II, by adding a new section appropriately numbered to read:
TO AMEND SECTION 59-149-80 OF THE 1976 CODE, RELATING TO TRANSFERS TO OTHER ELIGIBLE INSTITUTIONS BY LIFE SCHOLARSHIP RECIPIENTS, SO AS TO FURTHER PROVIDE FOR THE CALCULATION OF CUMULATIVE CREDIT HOURS AND GRADE POINT AVERAGE AT PRIOR INSTITUTIONS TO DETERMINE LIFE SCHOLARSHIP ELIGIBILITY.
Section 59-149-80 of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"Section 59-149-80. (A) Students transferring from one eligible public or independent institution of this State to another are eligible for a LIFE Scholarship, if they continue to meet all eligibility requirements.
(B) To determine LIFE Scholarship eligibility, institutions must calculate the cumulative credit hours attempted at all prior eligible institutions and must calculate grade point average cumulatively based upon the grade point averages earned for all credit hours attempted at all prior eligible institutions."/
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Rep. M. MCLEOD explained the amendment.
Rep. STILLE spoke against the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Reps. RUTHERFORD and MILLER proposed the following Amendment No. 189 (Doc Name council\bbm\amend\9356std.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-135 SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS OF TRUSTEES SHALL DEVELOP POLICIES ADDRESSING CHARACTER EDUCATION; TO PROVIDE FOR THE MANNER IN WHICH THESE POLICIES SHALL BE DEVELOPED, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FURNISH ASSISTANCE TO SCHOOL DISTRICTS IN THIS REGARD, AND TO ADD SECTION 59-63-75 SO AS TO REQUIRE STUDENTS IN PUBLIC SCHOOLS, BEGINNING WITH SCHOOL YEAR 2000-2001 FOR STUDENTS IN GRADES K-5 AND ON A PHASED IN BASIS AFTER THAT FOR OTHER STUDENTS, TO ADDRESS SCHOOL EMPLOYEES IN A RESPECTFUL MANNER BY USING SPECIFIC TERMS, AND TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES SHALL INCORPORATE THE ABOVE INTO EXISTING DISCIPLINARY POLICIES.
A. The 1976 Code is amended by adding:
"Section 59-17-135. (A) The General Assembly finds:
(1) the schools of South Carolina must provide the safest environment possible for students to learn;
(2) teaching positive character traits is essential to improving the learning environment, promoting student achievement, reducing disciplinary problems, and developing civic-minded students;
(3) schools should instill the highest character and academic excellence in each student, in close cooperation with the student's parents; and
(4) elected officials, community and civic leaders, business leaders, religious institutions, youth organizations, government, media, and citizens-at-large should become actively involved in creating an atmosphere which encourages positive character development through every sector of the community.
(B) Each local school board of trustees of the State shall develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy shall, to the extent possible, incorporate character traits including, but not limited to, the following: respect for others, honesty, self-control, cleanliness, courtesy, good manners, cooperation, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, tolerance, diligence, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community as referenced in subsection (A)(4) in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component shall be included.
(C) Upon request, the State Department of Education shall provide to the school districts of the State information on programs, curriculums, and resources that currently is available. In addition, the State Department of Education shall provide to the school districts of the State information on best practices and successful programs currently being implemented."
B. The 1976 Code is amended by adding:
"Section 59-63-75. (A)(1) Beginning with the 2000-2001 school year according to the schedule referenced in item (2) below, each school district board of trustees shall require students in the public schools under the jurisdiction of the board to exhibit appropriate conduct as required in subsection (B) of this section.
(2) The provisions of subsection (B) shall apply according to the following schedule:
(a) beginning with school year 2000-2001, students in grades K-5;
(b) beginning with school year 2001-2002, students in grades K-6;
(c) beginning with school year 2002-2003, students in grades K-7;
(d) beginning with school year 2003-2004, students in grades K-8;
(e) beginning with school year 2004-2005, students in grades K-9;
(f) beginning with school year 2005-2006, students in grades K-10;
(g) beginning with school year 2006-2007, students in grades K-11;
(h) beginning with school year 2007-2008, students in grades K-12.
(B) When a public school student is speaking with a public school employee while on school property or at a school sponsored event, the student shall address and respond to the public school employee by using the respectful terms 'yes, ma'am'; and 'no, ma'am' or 'yes, sir' and 'no, sir', as appropriate, or 'yes, Miss, Mrs., and Ms. (surname)' and 'no, Miss, Mrs., and Ms. (surname)' or 'yes, Mr. (surname)' and 'no, Mr. (surname)', as appropriate, each title to be followed by the appropriate surname.
(C) Each school district board of trustees shall provide for incorporation of the requirements of this section into any existing discipline policy or policies or any code of conduct of the school district or of each school within its jurisdiction.
(D) Each school district board of trustees shall take or provide for such appropriate actions necessary to discipline a student who fails to comply with the requirements of subsection (B) of this section. However, no school board may provide suspension nor expulsion from school as an appropriate punishment for violation of the mandates of this section." /
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Rep. RUTHERFORD explained the amendment.
Rep. HAWKINS raised the Point of Order that Amendment No. 189 was out of order under Rule 5.3B in that it was not germane to the Bill.
Rep. RUTHERFORD argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. ALLISON moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bowers Brown, H. Brown, T. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Koon Lanford Law Leach Lee Littlejohn Loftis Lucas Martin McCraw McGee McKay McMahand Meacham-Richardson Parks Perry Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Battle Breeland Brown, G. Brown, J. Canty Clyburn Cobb-Hunter Gourdine Harvin Hayes Hines, J. Hosey Jennings Limehouse Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Rutherford Scott Smith, J. Whipper Wilkes
So, the amendment was tabled.
Rep. HARRELL proposed the following Amendment No. 206 (Doc Name council\gjk\amend\21107sd00.doc), which was adopted:
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND CHAPTER 40, TITLE 59, OF THE 1976 CODE, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
Chapter 40, Title 59 of the 1976 Code 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.
(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 wilful 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. 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. 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 must 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 is binding on the student and the charter school.
(2) If a charter school suspends or expels a student, the school district shall have has the authority but not the obligation to refuse admission to the student.
(3) The sponsor shall have has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school.
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 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) submit a written charter school application to the local school board of trustees for the school district in which the charter school will is to 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 provide assurance that the school does not conflict with any school district desegregation plan or order in effect;
(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, 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) The local school board shall 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 district or board finds determines 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, 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 only 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 must 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 constitutes a contract with the charter committee of the charter school. A copy of the charter shall must be filed with the State Board of Education.
Section 59-40-80. A local school board may shall conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates verifies that such authority is necessary for it to meet the requirements of this chapter. Conditional authorization 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.
Section 59-40-90. (A) 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 must 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. Both the applicant and the local school board shall have the opportunity to communicate with the State Board of Education regarding the written instructions. These instructions shall must 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.
(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.
Section 59-40-110. (A) A charter may be approved or renewed for a period not to exceed three of five school years.
(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 provided for 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) 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.
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).
Section 59-40-140. (A) A sponsor 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 must 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 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.
(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. All gifts, donations, or grants must be reported to the local school district within thirty days of their receipt by 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 however, the receiving charter school shall have authority to grant or deny permission for the student to attend. If the student transfers to a charter school outside his district of residence, the school district where the child resides shall pay to the charter school where the child is transferring an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting pursuant to Section 59-20-40 of the Education Finance Act. The charter school where the child is transferring shall count the child for all funding sources, both state and federal.
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 must 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, if 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 under no more than 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."/
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Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 255 (Doc Name council\gjk\amend\21104htc00.doc), which was adopted:
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
Section 50-9-510(19) of the 1976 Code, as added by Act 100 of 1999, is further amended by deleting item (19) which reads:
"(19) In addition to the required nonresident hunter's license, a nonresident may purchase a statewide temporary permit for the privilege of hunting big game, including deer, bear, and turkey, for a period of ten consecutive days, at a cost of twenty-five dollars. One dollar of the permit cost may be retained by the agent issuing the permit."/
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Rep. KOON explained the amendment.
The amendment was then adopted.
Rep. ALLISON proposed the following Amendment No. 305 (Doc Name council\dka\amend\3772mm00.doc), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-31-360 OF THE 1976 CODE, RELATING TO WAIVER OF TEXTBOOK RENTAL CHARGES BY THE STATE DEPARTMENT OF EDUCATION, SO AS TO ALLOW THE WAIVER FOR KINDERGARTEN, AS WELL AS GRADES ONE THROUGH TWELVE.
Section 59-31-360 of the 1976 Code is amended to read:
"Section 59-31-360. The State Board of Education shall waive textbook rental charges for grades one kindergarten through twelve of the public schools, to the end that basal textbooks adopted and approved by the board for use in the public schools shall must be supplied to the school children of the State without charge. Title to books so provided shall remain in the State Board of Education. Each school district shall fully utilize all books owned by it to effect the purposes of this section." /
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Rep. ALLISON explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 384 (Doc Name council\nbd\amend\11881ac00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-47-120 SO AS TO REQUIRE TEACHING OR CLINICAL STAFF EMPLOYED BY THE SCHOOL FOR THE DEAF AND BLIND WHO ATTEND ADVANCED TRAINING PAID FOR BY THE SCHOOL TO REIMBURSE THE SCHOOL FOR EXPENSES INCURRED FOR THE TRAINING IF THE EMPLOYEE BREACHES A CONTRACT TO REMAIN IN THE EMPLOYMENT OF THE SCHOOL FOR A MINIMUM OF ONE YEAR BEYOND COMPLETION OF THE PROGRAM.
The 1976 Code is amended, by adding:
"Section 59-47-120. (A) Teaching or clinical staff employed by the school who attend advanced training paid for by the school must enter a contract with the school to remain in the employment of the school for a minimum of one year beyond completion of the training. If an employee breaches this contract, the employee shall reimburse the school for all expenses incurred by the school in providing this training for the employee.
(B) For purposes of this section, 'advanced training' means an educational course or program as defined by the school in regulation."/
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Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. SHARPE proposed the following Amendment No. 402 (Doc Name council\gjk\amend\21122sd00.doc), which was ruled out of order:
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 48-20-240 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF FEES AND PENALTIES COLLECTED UNDER THE SOUTH CAROLINA MINING ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO USE FUNDS COLLECTED FROM CERTAIN OF THESE FEES FOR A SMALL MINE OPERATORS EDUCATION ASSISTANCE PROGRAM.
Section 48-20-240 of the 1976 Code, as added by Act 454 of 1990, is amended to read:
"Section 48-20-240. All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer, except that the Department of Health and Environmental Control is authorized to use funds collected from mining permit application fees, mining permit conversion fees, substantial modification fees, permit transfer fees, certificate of exploration fees, and annual mine operator fees for environmental education programs related to mining activities. The department may use these funds to provide on-site environmental education assistance to small mine operators and mining education materials to groups and organizations." /
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Rep. SHARPE explained the amendment.
Rep. HARRELL raised the Point of Order that Amendment No. 402 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. QUINN raised the Point of Order that Amendment No. 402 was out of order in that Section 9 in Part I of the Bill had been clinched.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. LUCAS proposed the following Amendment No. 431 (Doc Name council\dka\amend\3775mm00.doc), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-104-25 SO AS TO ESTABLISH CRITERIA FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS TO STUDENTS WHO ATTEND "MAGNET SCHOOLS" OR SCHOOLS WITH "OPEN ENROLLMENT" AND TO PROVIDE FOR CERTAIN RETROACTIVE BENEFITS FOR STUDENTS CURRENTLY ENROLLED WHO WOULD HAVE BEEN ELIGIBLE FOR PALMETTO FELLOWS SCHOLARSHIPS UNDER THE ABOVE PROVISIONS.
A. The 1976 Code is amended by adding:
"Section 59-104-25. (A) For the purposes of awarding Palmetto Fellows Scholarships, the following definitions shall apply:
(1) a 'magnet school' is a public school that:
(a) is attended by students outside their attendance zone who could not attend it if it were not a magnet school;
(b) emphasizes an academic theme or specialization; and
(c) was established for desegregation purposes.
(2) 'Open enrollment' means that a school district allows students to enroll at schools not in their attendance zone or does not use attendance zones and allows students or their families to choose the school they attend.
(B) For all students in magnet schools as defined in subsection (A), whenever rank in class is a factor for determining eligibility to receive a Palmetto Fellows Scholarship, the rank in class assigned to each student is the rank in class that student would have had in the high school he or she would have attended if there had been no magnet school. If the school district allows open enrollment for grades ten, eleven, or twelve, the student's rank in class must be computed as if that student had attended the school closest to his or her residence.
(C) Nothing in subsection (B) affects the rank in class of a student for the purposes of determining eligibility for a Palmetto Fellows Scholarship in a nonmagnet school in any school district with magnet schools.
(D) A student enrolled in the fall of 1998, spring, summer, or fall of 1999, or the spring of 2000 in an institution eligible to participate in the Palmetto Fellows Scholarship program, who would have been eligible to receive a Palmetto Fellows Scholarship pursuant to this section combined with other criteria, shall receive a refund for all tuition, fees, and costs covered by the Palmetto Fellows Scholarship program during the academic term comprising fall of 1998, the spring, summer, or fall of 1999, or the spring of 2000.
(E) A student attending a magnet school who would have been eligible to receive a Palmetto Fellows Scholarship in the absence of subsections (A) through (D) also is eligible to receive a Palmetto Fellows Scholarship." /
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Rep. LUCAS explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. LUCAS spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. HAYES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Brown, H. Brown, T. Campsen Cato Chellis Cooper Dantzler Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin McCraw McKay Meacham-Richardson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Barrett Battle Bowers Breeland Brown, G. Brown, J. Canty Carnell Clyburn Cobb-Hunter Cotty Delleney Fleming Gamble Gourdine Govan Harris Harvin Hayes Hines, J. Hosey Howard Jennings Kennedy Knotts Lee Lloyd Lourie Lucas Mack Maddox McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rutherford Sheheen Simrill Smith, F. Smith, J. Stille Stuart Whipper Wilder Wilkes
So, the House refused to table the amendment.
Rep. HARRELL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. LUCAS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Barfield Battle Bowers Breeland Brown, G. Brown, J. Canty Carnell Clyburn Cobb-Hunter Dantzler Davenport Delleney Gamble Gourdine Govan Harris Harvin Hayes Hines, J. Hosey Howard Jennings Kennedy Knotts Lanford Lee Lloyd Lourie Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Simrill Smith, F. Smith, J. Stille Stuart Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barrett Brown, H. Brown, T. Campsen Cato Chellis Cooper Cotty Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Koon Law Leach Limehouse Littlejohn Loftis Martin McCraw McGee McKay Meacham-Richardson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Smith, D. Smith, R. Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was adopted.
Rep. FLEMING proposed the following Amendment No. 436 (Doc Name council\pt\amend\1947mm00.doc), which was ruled out of order:
Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE, BY ADDING SECTION 9-1-1735 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO IS A PUBLIC SCHOOL TEACHER IN THIS STATE MAY ESTABLISH SERVICE CREDIT FOR TEACHING IN A PRIVATE SCHOOL IN THIS STATE IN THE SAME MANNER AND AT THE SAME COST THAT CREDIT MAY BE ESTABLISHED FOR "OUT-OF-STATE SERVICE", AND TO DEFINE PRIVATE SCHOOL.
Article 13, Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 9-1-1735. (A) A public school teacher member of the system may establish service credit for time teaching as a certified teacher in a private school in this State in the same manner and at the same cost that credit may be established for 'out-of-state service'.
(B) Private schools include all schools other than public schools provided in Section 59-65-10 for purposes of meeting the requirements of the compulsory attendance law." /
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Rep. FLEMING explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 436 was out of order under Rule 5.3 in that it was not germane to the Bill.
Rep. FLEMING argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. M. MCLEOD proposed the following Amendment No. 444 (Doc Name council\nbd\amend\11887ac00.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 2-65-70, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RECOVERY OF INDIRECT COSTS FROM AGENCIES RECEIVING CERTAIN FEDERAL GRANTS OR CONTRACTS, SO AS TO INCREASE FROM TWO HUNDRED THOUSAND TO TWO HUNDRED FIFTY THOUSAND DOLLARS THE AMOUNT OF THESE FEDERAL GRANTS AND CONTRACTS WHICH ARE EXEMPT FROM THIS COST RECOVERY REQUIREMENT, AND TO PROVIDE FOR AN ANNUAL FIVE PERCENT INCREASE IN THIS TWO HUNDRED FIFTY THOUSAND DOLLAR EXEMPTION AMOUNT BEGINNING JANUARY 1, 2001.
Section 2-65-70(A) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(A) All agencies receiving federal grants or contracts shall recover the maximum allowable indirect costs on those projects, subject to applicable federal laws and regulations. All indirect cost recoveries must be credited to the general fund of the State, with the exception of recoveries from research and student aid grants and contracts. Further, after January 1, 1999, federal grants and contracts whose annual award is two hundred fifty thousand dollars or less are exempted also from this cost recovery requirement. Beginning on January 1, 2001, this two hundred fifty thousand dollar exemption amount shall be increased by five percent per year.
(1) Each agency receiving grants or contracts to which indirect costs may be charged must have an approved indirect cost rate or cost allocation plan. Agencies shall prepare the indirect cost proposals and submit them to the board for review. The board shall submit the proposals to the appropriate federal agencies, negotiate the agreements, and transmit approved agreements to the state agencies. The board, upon request, also shall provide a report on the proposals to the House Ways and Means Committee or the Senate Finance Committee, or both.
(2) The board annually shall prepare the Statewide Cost Allocation Plan for allocation of central service costs to federal and other programs. The board shall ensure that state agencies recover costs approved in the plan through federal grants and contracts, subject to federal laws and regulations.
(3) The State Comptroller General shall assist the board in ensuring compliance with this section."/
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Rep. M. MCLEOD explained the amendment.
Rep. EASTERDAY raised the Point of Order that Amendment No. 444 was out of order under Rule 5.3 in that it did not relate to a line item in Part I of the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. M. MCLEOD continued speaking.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to table the amendment.
Rep. M. MCLEOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Martin McCraw McKay Meacham-Richardson Perry Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Delleney Gourdine Harvin Hines, J. Hosey Howard Kennedy Lee Lloyd Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rutherford Smith, F. Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. FLEMING proposed the following Amendment No. 491 (Doc Name council\psd\amend\7110SOM00.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 14-1-211, AS AMENDED, OF THE 1976 CODE, RELATING TO SURCHARGES IMPOSED ON CONVICTIONS OBTAINED IN GENERAL SESSIONS, MAGISTRATE'S AND MUNICIPAL COURT, SO AS TO PROVIDE A FIVE DOLLAR SURCHARGE TO BE PLACED IN A SEPARATE FUND BY THE STATE TREASURER AND USED FOR SPINAL CORD RESEARCH BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA; AND TO AMEND ARTICLE 5 OF CHAPTER 38, TITLE 44, RELATING TO HEAD AND SPINAL CORD INJURIES, BY ADDING SECTION 44-38-510 TO PROVIDE FOR A SPINAL CORD INJURY RESEARCH BOARD, TO PROVIDE FOR ITS MEMBERSHIP AND PURPOSES.
A. Subsections (A) and (B) of Section 14-1-211 of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:
"(A)(1) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.
(2) In addition to all other assessments and surcharges, a five dollar surcharge is imposed on all convictions for misdemeanor traffic offenses obtained in general sessions court and in magistrate's and municipal court in this State. No portion of the surcharge may be waived, reduced, or suspended.
(B) The revenue collected pursuant to subsection (A)(1) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A)(1) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. The revenue collected pursuant to subsection (A)(2) must be paid over to the State Treasurer monthly and placed in a separate account to be used for spinal cord research by the Medical University of South Carolina.
All one-time operating and administrative costs for municipal and county governments related to computer upgrades or programming related to this additional five dollar surcharge shall be deducted from the revenue collected pursuant to subsection (A)(2) by municipal and county governments before remission of these funds to the State Treasurer. All operating, personnel, and administrative costs and expenses of the Spinal Cord Injury Research Board and its programs as established in Article 5, Chapter 38 of Title 44, must be paid for through revenue collected pursuant to subsection (A)(2) and deposited in this separate account. A report detailing the use of these funds must be furnished to the General Assembly on an annual basis."
B. Chapter 38, Title 44 of the 1976 Code is amended by adding:
Section 44-38-510. (A) The South Carolina Spinal Cord Injury Research Board is created for the purpose of administering the spinal cord injury research fund created pursuant to Section 14-1-211. The board is composed of seven members who must be residents of this state, and appointed by the Governor upon recommendation of the President of the Medical University of South Carolina, as follows: two members who are medical doctors from the staff or faculty of the Medical University of South Carolina; two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina; two members who have a spinal cord injury or who have a family member with a spinal cord injury; and one at-large member who is a medical doctor and a member of the South Carolina Medical Association.
(B) The terms of board members shall be four years, except that the Governor must stagger the initial appointments to the board so that one of the two members who are medical doctors from the staff or faculty of the Medical University of South Carolina shall be appointed for a two year term; one of the two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina shall be appointed for a two year term; one of the two members who have a spinal cord injury or who have a family member with a spinal cord or head injury shall be appointed for a two year term; and the at-large member who is a medical doctor and a member of the South Carolina Medical Association shall serve a three year term. All subsequent appointments shall be for four year terms.
(C) At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies. A member who serves two consecutive four year terms shall not be reappointed for two years after completion of those terms.
(D) A majority of the membership of the board shall constitute a quorum.
(E) The board shall elect, by a majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for each calendar year. The board shall have such other organization as deemed necessary and approved by the board.
(F) Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord injury research projects and programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the intent of this section.
(G) No member of the board shall be subject to any personal liability or accountability for any loss sustained or damage suffered on account of any action or inaction of the board.
(H) Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties.
(I) The board shall be attached to the Medical University of South Carolina for meetings, staff, and administrative purposes.
(J) The board shall set forth guidelines and standards for allocation of these funds.
(K) Nothing in this article prohibits the board from allocating funds for spinal cord research projects at other institutions other than MUSC as long as the receiving institution shares the research statistics with each medical institution in this State."
C. This section takes effect on December 1, 2000. /
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Rep. FLEMING explained the amendment.
Rep. J. H. NEAL raised the Point of Order that Amendment No. 491 was out of order under Rule 5.3 in that it was not germane to the Bill.
Rep. FLEMING argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. SHEHEEN raised the Point of Order that Amendment No. 491 was out of order in that it attempted to create criminal penalties within the General Appropriation Bill.
SPEAKER WILKINS stated that he had previously ruled that in Part IB of the General Appropriation Bill you cannot create criminal penalties. He stated that did not apply to Part II of the Bill and he overruled the Point of Order.
Rep. FLEMING spoke in favor of the amendment.
Rep. HOWARD spoke against the amendment.
Rep. LIMEHOUSE spoke in favor of the amendment.
Rep. TRIPP spoke against the amendment.
Rep. PERRY spoke against the amendment.
Rep. PERRY moved to table the amendment.
Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Easterday Edge Frye Gamble Gilham Gourdine Govan Hamilton Harrell Hawkins Hines, J. Hinson Hosey Howard Kelley Kirsh Koon Leach Littlejohn Lloyd Loftis Lucas McLeod, M. McLeod, W. Meacham-Richardson Neal, J.H. Neal, J.M. Parks Perry Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Smith, R. Stille Taylor Townsend Tripp Walker Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Davenport Delleney Fleming Harvin Hayes Jennings Keegan Lanford Lee Limehouse Lourie Maddox Martin McCraw McGee McMahand Miller Moody-Lawrence Neilson Phillips Seithel Simrill Smith, D. Smith, F. Smith, J. Trotter
So, the amendment was tabled.
Rep. BALES proposed the following Amendment No. 502 (Doc Name council\bbm\amend\9378htc00.doc), which was rejected:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered Section to read:
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL AND TOTAL EXEMPTION FOR A HOMESTEAD ELIGIBLE FOR THE HOMESTEAD EXEMPTION FOR PERSONS OVER THE AGE OF SIXTY-FIVE YEARS OR WHO ARE DISABLED IF THE TAXPAYER'S HOUSEHOLD INCOME IS BELOW THE FEDERAL POVERTY LINE.
A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) Any otherwise nonexempt assessed value of a homestead receiving both the exemptions allowed pursuant to Sections 12-37-250 and 12-37-251 if the household income of the taxpayer eligible for the exemption allowed by Section 12-37-250 is less than the federal poverty level. The Comptroller General shall design and provide a form which must be filed by the taxpayer with the county auditor before the first penalty date for taxes to claim this additional exemption for the property tax year. Taxpayers must reapply annually for this exemption. The form must require the taxpayer to certify eligibility under penalty of perjury.
(b) Taxing entities must be reimbursed twenty-five percent of the revenues not collected as a result of this exemption. Reimbursements must be made as provided in Section 12-39-270."
B. This section is effective for property tax years beginning after 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BALES explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Koon Lanford Law Leach Limehouse Littlejohn Loftis McCraw McGee Meacham-Richardson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Taylor Townsend Tripp Trotter Walker Webb Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Gamble Gourdine Govan Harris Harvin Hayes Hines, J. Hosey Howard Jennings Kennedy Knotts Lee Lloyd Lourie Lucas Mack Maddox Martin McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Simrill Smith, F. Smith, J. Stille Stuart Whatley Whipper Wilder Wilkes
So, the House refused to table the amendment.
Rep. KELLEY spoke against the amendment.
Rep. EASTERDAY raised the Point of Order that in accordance with Code Section 4-9-55 (A) Amendment No. 502 required a two-thirds vote by the House.
SPEAKER WILKINS stated that the amendment would require counties to spend funds and absent applicability of an exception to Code Section 4-9-55, he sustained the Point of Order and ruled that the amendment would require two-thirds vote of the House for passage.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Clyburn Cobb-Hunter Delleney Fleming Gourdine Harvin Hayes Hines, J. Hosey Howard Jennings Lee Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Whipper
Those who voted in the negative are:
Allison Altman Askins Barfield Barrett Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was rejected.
Rep. QUINN moved that the House do now adjourn, which was agreed to.
Rep. HARRELL moved to reconsider the vote whereby SECTION 72 in Part IB and SECTIONS 1, 3, 4, 6, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 23 in Part II were adopted and the motion was noted.
Further proceedings were interrupted by adjournment the pending question being consideration of Part II.
The Senate returned to the House with concurrence the following:
H. 4790 (Word version) -- Reps. Townsend, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF C. ALLAN TINSLEY, OF COLUMBIA, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4794 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE AIKEN TECHNICAL COLLEGE KNIGHTS BASKETBALL TEAM OF AIKEN COUNTY ON ITS OUTSTANDING SEASON, ON CAPTURING THE NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION DIVISION II REGION 10 AND DISTRICT 7 CHAMPIONSHIPS, AND ON RECEIVING AN INVITATION TO COMPETE IN THE NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION DIVISION II NATIONAL TOURNAMENT.
H. 4796 (Word version) -- Reps. Meacham-Richardson, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARE MARCH 28, 2000, "YORK COUNTY DAY".
H. 4800 (Word version) -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION CONGRATULATING VICKEY NEXSEN BOYD OF WILLIAMSBURG COUNTY ON HER ELECTION AS PRESIDENT OF THE SOUTH CAROLINA PRESS ASSOCIATION.
At 7:15 p.m. the House, in accordance with the motion of Rep. MEACHAM-RICHARDSON, adjourned in memory of Miss Mary Ellen Davis, to meet at 9:30 a.m. tomorrow.
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